CS/CS/HB 971

1	A bill to be entitled
2	An act relating to highway safety and motor vehicles;
3	amending s. 316.003, F.S.; defining the term "tri-vehicle"
4	for purposes of the Florida Uniform Traffic Control Law;
5	amending s. 316.066, F.S.; authorizing law enforcement
6	agencies and county traffic operations to access certain
7	crash reports held by an agency; amending s. 316.0741,
8	F.S.; providing that certain tri-vehicles are hybrid
9	vehicles; amending s. 316.159, F.S.; requiring that
10	drivers of certain commercial motor vehicles slow before
11	crossing a railroad grade crossing; providing penalties;
12	amending s. 316.193, F.S.; revising qualifications for an
13	immobilization agency and certain employees of the agency
14	to immobilize vehicles in a judicial circuit; requiring
15	the immobilization agency to verify through a Florida
16	Department of Law Enforcement background check the
17	qualifications of a person hired to immobilize a vehicle;
18	redefining the terms "immobilization agency" and
19	"immobilization agencies"; amending 316.2065, F.S.;
20	requiring bicycles to be ridden in the lane marked for
21	bicycle use except under specified circumstances;
22	providing penalties; amending s. 316.2085, F.S.;
23	permitting certain license tags for motorcycles or mopeds
24	to be affixed perpendicularly to the ground under certain
25	circumstances; amending s. 316.2952, F.S.; authorizing
26	certain satellite reception devices to be attached to the
27	windshield of a motor vehicle; amending s. 316.29545,
28	F.S., relating to window sunscreening exclusions;
29	excluding vehicles operated by persons with certain
30	medical conditions from certain window sunscreening
31	restrictions; excluding vehicles owned or leased by
32	private investigators or private investigative services
33	from specified window sunscreening restrictions; providing
34	rulemaking authority to the Department of Highway Safety
35	and Motor Vehicles regarding sunscreening restrictions;
36	amending s. 316.605, F.S.; providing an exception for
37	certain motorcycles or mopeds to a requirement that
38	license plates be affixed and displayed in such a manner
39	that the letters and numerals shall be read from left to
40	right parallel to the ground; amending s. 316.646, F.S.;
41	directing the department to suspend the registration and
42	driver's license of a person convicted of failure to
43	maintain required security on a motor vehicle; amending s.
44	318.14, F.S.; providing procedures for disposition of a
45	citation for violating specified learner's driver's
46	license restrictions; correcting an erroneous reference;
47	requiring a person who commits a traffic violation
48	requiring a hearing or commits a criminal traffic
49	violation to sign and accept a citation indicating a
50	promise to appear for a hearing; removing a requirement
51	that a person cited for a noncriminal traffic infraction
52	not requiring a hearing must sign and accept the citation
53	indicating a promise to appear; requiring an officer to
54	certify the delivery of a citation to the person cited;
55	providing penalties; providing for certain persons cited
56	for specified offenses to provide proof of compliance to a
57	designated official; providing alternative citation
58	disposition procedures for the offense of operating a
59	motor vehicle with a license that has been suspended for
60	failure to pay certain financial obligations or to comply
61	with specified education requirements; amending s. 318.18,
62	F.S.; providing that the penalty for speeding in
63	designated school crossing is twice the otherwise
64	applicable amount; amending s. 319.28, F.S.; requiring
65	lienholders repossessing vehicles in this state to apply
66	to a tax collector's office in this state or to the
67	department for a certificate of repossession or to the
68	department for a certificate of title; amending s. 319.30,
69	F.S.; defining the term "independent entity" for purposes
70	of provisions for salvage and dismantling, destruction,
71	and change of identity of motor vehicle or mobile home;
72	providing for a notice and release statement prescribed by
73	the department from an insurance company to an independent
74	entity that stores a damaged or dismantled motor vehicle
75	for the insurance company; providing procedures for
76	disposition of the vehicle by the independent entity;
77	requiring the independent entity to notify the owner when
78	the vehicle is available for pick up; authorizing the
79	independent entity to apply for a certificate of
80	destruction or a certificate of title if the vehicle is
81	not claimed within a certain period; providing
82	requirements for submission of the application;
83	prohibiting the independent entity from charging an owner
84	of the vehicle storage fees or applying for a certificate
85	of title under specified provisions; amending s. 320.02,
86	F.S.; requiring the application forms for motor vehicle
87	registration and renewal of registration to include
88	language permitting the applicant to make a voluntary
89	contribution to the League Against Cancer/La Liga Contra
90	el Cancer; amending s. 320.03, F.S., relating to an
91	electronic filing system used to provide titling and
92	registration functions for motor vehicles, vessels, mobile
93	homes, and off-highway vehicles; providing regulatory
94	authority over the electronic filing system to the
95	department; providing for statewide uniform application of
96	the system; providing that entities that sell products
97	that require titling or registration and that meet certain
98	requirements may be agents for the system and may not be
99	precluded from using the system; requiring tax collectors
100	to appoint such entities as electronic filing system
101	agents; providing rulemaking authority; providing that
102	such rules shall replace existing program standards;
103	providing that existing standards remain in place until
104	such rulemaking is complete, except for existing standards
105	conflicting with this section; providing that an
106	authorized electronic filing agent may charge fees to
107	customers; providing that certain providers of the
108	electronic filing system shall continue to comply with
109	certain financial arrangements with the Tax Collector
110	Service Corporation; providing for expiration of the
111	provisions requiring the providers to comply with the
112	financial arrangements; amending s. 320.05, F.S.;
113	requiring specified fees be collected for providing
114	registration data by electronic access through a tax
115	collector's office; providing for distribution of the fees
116	collected; providing an exception; amending s. 320.071,
117	F.S.; revising the time period during which the owner of
118	an apportioned motor vehicle may file an application for
119	renewal of registration; amending s. 320.08, F.S.;
120	establishing license taxes for tri-vehicles and antique
121	motorcycles; amending s. 45 of chapter 2008-176, Laws of
122	Florida; delaying the expiration of the moratorium on the
123	issuance of new specialty license plates by the
124	department; amending s. 320.08053, F.S.; removing
125	provisions requiring an organization seeking authorization
126	to establish a new specialty license plate to submit a
127	sample survey of motor vehicle owners to the department;
128	requiring the department to establish a method to issue
129	vouchers allowing the presale of a specialty license
130	plate; requiring that an organization that is approved to
131	issue a specialty license plate record with the department
132	a minimum number of voucher sales in order to proceed with
133	the development of the plate; providing for the purchaser
134	of a voucher to receive a refund or use the voucher to
135	purchase of another license plate if the specialty plate
136	is deauthorized; providing that changes to specified
137	provisions relating to establishing a new specialty
138	license plate do not apply to certain organizations;
139	amending ss. 320.08056 and 320.08058, F.S.; conforming
140	provisions to changes made by the act; creating the
141	Hispanics Achievers license plate; establishing an annual
142	use fee for the plate; providing for the distribution of
143	use fees received from the sale of such plate; amending s.
144	320.0807, F.S.; revising provisions governing the special
145	license plates issued to federal and state legislators;
146	amending s. 320.084, F.S.; providing for a biennial
147	registration renewal period for disabled veteran license
148	plates; amending s. 321.03, F.S.; providing that it is
149	unlawful to possess or color or cause to be colored a
150	motor vehicle or motorcycle of the same or similar color
151	as those prescribed for the Florida Highway Patrol unless
152	specifically authorized by the Florida Highway Patrol;
153	amending s. 321.05, F.S.; providing that officers of the
154	Florida Highway Patrol have the same arrest and other
155	authority as that provided for certain other state law
156	enforcement officers; amending s. 322.01, F.S.; defining
157	the term "tri-vehicle" and excluding such vehicles from
158	the definition of "motorcycle" as those terms are used in
159	provisions for drivers' licenses; amending s. 322.08,
160	F.S.; requiring the application form for an original,
161	renewal, or replacement driver's license or identification
162	card to include language permitting the applicant to make
163	voluntary contributions for certain purposes; requiring
164	such forms to include language permitting the applicant to
165	make a voluntary contribution to the League Against
166	Cancer/La Liga Contra el Cancer and to state homes for
167	veterans; providing for distribution of funds collected
168	from such contributions; providing that such contributions
169	are not considered income of a revenue nature; amending s.
170	322.121, F.S.; revising legislative intent for
171	reexamination of licensed drivers upon the renewal of the
172	driver's license; removing a requirement that each
173	licensee must pass a reexamination at the time of license
174	renewal; amending s. 322.18, F.S.; authorizing a licensed
175	physician at a federally established veterans' hospital to
176	administer a vision test for purposes of renewing a
177	driver's license; conforming a cross-reference; amending
178	s. 322.2615, F.S.; revising requirements for information
179	an officer must submit to the department after suspending
180	a driver's license for certain DUI offenses; removing a
181	requirement that the officer submit a copy of a crash
182	report; authorizing the officer to submit such report;
183	amending s. 322.34, F.S.; providing that if a person does
184	not hold a commercial driver's license and is cited for an
185	offense of knowingly driving while his or her license is
186	suspended, revoked, or canceled for specified offenses, he
187	or she may, in lieu of payment of a fine or court
188	appearance, elect to enter a plea of nolo contendere and
189	provide proof of compliance to the clerk of the court,
190	designated official, or authorized operator of a traffic
191	violations bureau; limiting a driver's option to elect
192	such a remedy; amending s. 322.61, F.S.; revising the
193	period of disqualification from operating a commercial
194	motor vehicle for a violation of an out-of-service order;
195	amending s. 488.06, F.S.; specifying additional
196	circumstances under which the department may suspend or
197	revoke a license or certificate of a driving school;
198	providing effective dates.
199
200	Be It Enacted by the Legislature of the State of Florida:
201
202	Section 1.  Subsection (86) is added to section 316.003,
203	Florida Statutes, to read:
204	316.003  Definitions.-The following words and phrases, when
205	used in this chapter, shall have the meanings respectively
206	ascribed to them in this section, except where the context
207	otherwise requires:
208	(86)  TRI-VEHICLE.-An enclosed three-wheeled passenger
209	vehicle that:
210	(a)  Is designed to operate with three wheels in contact
211	with the ground;
212	(b)  Has a minimum unladen weight of 900 pounds;
213	(c)  Has a single, completely enclosed, occupant
214	compartment;
215	(d)  Is produced in a minimum quantity of 300 in any
216	calendar year;
217	(e)  Is capable of a speed greater than 60 miles per hour
218	on level ground; and
219	(f)  Is equipped with:
220	1.  Seats that are certified by the vehicle manufacturer to
221	meet the requirements of Federal Motor Vehicle Safety Standard
222	No. 207, "Seating systems" (49 C.F.R. s. 571.207);
223	2.  A steering wheel used to maneuver the vehicle;
224	3.  A propulsion unit located forward or aft of the
225	enclosed occupant compartment;
226	4.  A seat belt for each vehicle occupant certified to meet
227	the requirements of Federal Motor Vehicle Safety Standard No.
228	209, "Seat belt assemblies" (49 C.F.R. s. 571.209);
229	5.  A windshield and an appropriate windshield wiper and
230	washer system that are certified by the vehicle manufacturer to
231	meet the requirements of Federal Motor Vehicle Safety Standard
232	No. 205, "Glazing Materials" (49 C.F.R. s. 571.205) and Federal
233	Motor Vehicle Safety Standard No. 104, "Windshield Wiping and
234	Washing Systems" (49 C.F.R. s. 571.104); and
235	6.  A vehicle structure certified by the vehicle
236	manufacturer to meet the requirements of Federal Motor Vehicle
237	Safety Standard No. 216, "Rollover crush resistance" (49 C.F.R.
238	s. 571.216).
239	Section 2.  Paragraph (b) of subsection (5) of section
240	316.066, Florida Statutes, is amended to read:
241	316.066  Written reports of crashes.-
242	(5)
243	(b)  Crash reports held by an agency under paragraph (a)
244	may be made immediately available to the parties involved in the
245	crash, their legal representatives, their licensed insurance
246	agents, their insurers or insurers to which they have applied
247	for coverage, persons under contract with such insurers to
248	provide claims or underwriting information, prosecutorial
249	authorities, law enforcement agencies, county traffic
250	operations, victim services programs, radio and television
251	stations licensed by the Federal Communications Commission,
252	newspapers qualified to publish legal notices under ss. 50.011
253	and 50.031, and free newspapers of general circulation,
254	published once a week or more often, available and of interest
255	to the public generally for the dissemination of news. For the
256	purposes of this section, the following products or publications
257	are not newspapers as referred to in this section: those
258	intended primarily for members of a particular profession or
259	occupational group; those with the primary purpose of
260	distributing advertising; and those with the primary purpose of
261	publishing names and other personal identifying information
262	concerning parties to motor vehicle crashes.
263	Section 3.  Paragraph (b) of subsection (1) of section
264	316.0741, Florida Statutes, is amended to read:
265	316.0741  High-occupancy-vehicle lanes.-
266	(1)  As used in this section, the term:
267	(b)  "Hybrid vehicle" means a motor vehicle:
268	1.  That draws propulsion energy from onboard sources of
269	stored energy which are both an internal combustion or heat
270	engine using combustible fuel and a rechargeable energy-storage
271	system; and
272	2.  That, in the case of a passenger automobile or light
273	truck, has received a certificate of conformity under the Clean
274	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
275	equivalent qualifying California standards for a low-emission
276	vehicle; and
277	3.  That, in the case of a tri-vehicle, is an inherently
278	low-emission vehicle as provided in subsection (4).
279	(4)(a)  Notwithstanding any other provision of this
280	section, an inherently low-emission vehicle (ILEV) that is
281	certified and labeled in accordance with federal regulations may
282	be driven in an HOV lane at any time, regardless of its
283	occupancy. In addition, upon the state's receipt of written
284	notice from the proper federal regulatory agency authorizing
285	such use, a vehicle defined as a hybrid vehicle under this
286	section may be driven in an HOV lane at any time, regardless of
287	its occupancy.
288	(b)  All eligible hybrid and all eligible other low-
289	emission and energy-efficient vehicles driven in an HOV lane
290	must comply with the minimum fuel economy standards in 23 U.S.C.
291	s. 166(f)(3)(B).
292	(c)  Upon issuance of the applicable United States
293	Environmental Protection Agency final rule pursuant to 23 U.S.C.
294	s. 166(e), relating to the eligibility of hybrid and other low-
295	emission and energy-efficient vehicles for operation in an HOV
296	lane, regardless of occupancy, the Department of Transportation
297	shall review the rule and recommend to the Legislature any
298	statutory changes necessary for compliance with the federal
299	rule. The department shall provide its recommendations no later
300	than 30 days following issuance of the final rule.
301	Section 4.  Section 316.159, Florida Statutes, is amended
302	to read:
303	316.159  Certain vehicles to stop or slow at all railroad
304	grade crossings.-
305	(1)  The driver of any motor vehicle carrying passengers
306	for hire, excluding taxicabs, of any school bus carrying any
307	school child, or of any vehicle carrying explosive substances or
308	flammable liquids as a cargo or part of a cargo, before crossing
309	at grade any track or tracks of a railroad, shall stop such
310	vehicle within 50 feet but not less than 15 feet from the
311	nearest rail of the railroad and, while so stopped, shall listen
312	and look in both directions along the track for any approaching
313	train, and for signals indicating the approach of a train,
314	except as hereinafter provided, and shall not proceed until he
315	or she can do so safely. After stopping as required herein and
316	upon proceeding when it is safe to do so, the driver of any such
317	vehicle shall cross only in a gear of the vehicle so that there
318	will be no necessity for changing gears while traversing the
319	crossing, and the driver shall not shift gears while crossing
320	the track or tracks.
321	(2)  No stop need be made at any such crossing where a
322	police officer, a traffic control signal, or a sign directs
323	traffic to proceed. However, any school bus carrying any school
324	child shall be required to stop unless directed to proceed by a
325	police officer.
326	(3)  The driver of any commercial motor vehicle that is not
327	required to stop under subsection (1) or subsection (2) shall
328	slow the motor vehicle before crossing the tracks of any
329	railroad grade crossing and check that the tracks are clear of
330	an approaching train.
331	(4)(3)  A violation of this section is a noncriminal
332	traffic infraction, punishable as a moving violation as provided
333	in chapter 318.
334	Section 5.  Subsections (13) and (14) of section 316.193,
335	Florida Statutes, are amended to read:
336	316.193  Driving under the influence; penalties.-
337	(13)  If personnel of the circuit court or the sheriff do
338	not immobilize vehicles, only immobilization agencies that meet
339	the conditions of this subsection shall immobilize vehicles in
340	that judicial circuit.
341	(a)  The immobilization agency responsible for immobilizing
342	vehicles in that judicial circuit shall be subject to strict
343	compliance with all of the following conditions and
344	restrictions:
345	1.  Any immobilization agency engaged in the business of
346	immobilizing vehicles shall provide to the clerk of the court a
347	signed affidavit attesting that the agency:
348	a.  Have a class "R" license issued pursuant to part IV of
349	chapter 493;
350	a.b.  Has Have at least 3 years of verifiable experience in
351	immobilizing vehicles; and
352	b.c.  Maintains Maintain accurate and complete records of
353	all payments for the immobilization, copies of all documents
354	pertaining to the court's order of impoundment or
355	immobilization, and any other documents relevant to each
356	immobilization. Such records must be maintained by the
357	immobilization agency for at least 3 years; and
358	c.  Employs and assigns persons to immobilize vehicles that
359	meet the requirements established in subparagraph 2.
360	2.  The person who immobilizes a vehicle must:
361	a.  Not have been adjudicated incapacitated under s.
362	744.331, or a similar statute in another state, unless his or
363	her capacity has been judicially restored; involuntarily placed
364	in a treatment facility for the mentally ill under chapter 394,
365	or a similar law in any other state, unless his or her
366	competency has been judicially restored; or diagnosed as having
367	an incapacitating mental illness unless a psychologist or
368	psychiatrist licensed in this state certifies that he or she
369	does not currently suffer from the mental illness.
370	b.  Not be a chronic and habitual user of alcoholic
371	beverages to the extent that his or her normal faculties are
372	impaired; not have been committed under chapter 397, former
373	chapter 396, or a similar law in any other state; not have been
374	found to be a habitual offender under s. 856.011(3), or a
375	similar law in any other state; or not have had any convictions
376	under this section, or a similar law in any other state, within
377	2 years before the affidavit is submitted.
378	c.  Not have been committed for controlled substance abuse
379	or have been found guilty of a crime under chapter 893, or a
380	similar law in any other state, relating to controlled
381	substances in any other state.
382	d.  Not have been found guilty of or entered a plea of
383	guilty or nolo contendere to, regardless of adjudication, or
384	been convicted of a felony, unless his or her civil rights have
385	been restored.
386	e.  Be a citizen or legal resident alien of the United
387	States or have been granted authorization to seek employment in
388	this country by the United States Bureau of Citizenship and
389	Immigration Services.
390	(b)  The immobilization agency shall conduct a state
391	criminal history check through the Florida Department of Law
392	Enforcement to ensure that the person hired to immobilize a
393	vehicle meets the requirements in sub-subparagraph (a)2.d. never
394	have been convicted of any felony or of driving or boating under
395	the influence of alcohol or a controlled substance in the last 3
396	years.
397	(c)(b)  A person who violates paragraph (a) commits a
398	misdemeanor of the first degree, punishable as provided in s.
399	775.082 or s. 775.083.
400	(c)  Any immobilization agency who is aggrieved by a
401	person's violation of paragraph (a) may bring a civil action
402	against the person who violated paragraph (a) seeking injunctive
403	relief, damages, reasonable attorney's fees and costs, and any
404	other remedy available at law or in equity as may be necessary
405	to enforce this subsection. In any action to enforce this
406	subsection, establishment of a violation of paragraph (a) shall
407	conclusively establish a clear legal right to injunctive relief,
408	that irreparable harm will be caused if an injunction does not
409	issue, that no adequate remedy at law exists, and that public
410	policy favors issuance of injunctive relief.
411	(14)  As used in this chapter, the term:
412	(a)  "Immobilization," "immobilizing," or "immobilize"
413	means the act of installing a vehicle antitheft device on the
414	steering wheel of a vehicle, the act of placing a tire lock or
415	wheel clamp on a vehicle, or a governmental agency's act of
416	taking physical possession of the license tag and vehicle
417	registration rendering a vehicle legally inoperable to prevent
418	any person from operating the vehicle pursuant to an order of
419	impoundment or immobilization under subsection (6).
420	(b)  "Immobilization agency" or "immobilization agencies"
421	means any person, firm, company, agency, organization,
422	partnership, corporation, association, trust, or other business
423	entity of any kind whatsoever that meets all of the conditions
424	of subsection (13).
425	(c)  "Impoundment," "impounding," or "impound" means the
426	act of storing a vehicle at a storage facility pursuant to an
427	order of impoundment or immobilization under subsection (6)
428	where the person impounding the vehicle exercises control,
429	supervision, and responsibility over the vehicle.
430	(d)  "Person" means any individual, firm, company, agency,
431	organization, partnership, corporation, association, trust, or
432	other business entity of any kind whatsoever.
433	Section 6.  Subsections (5) and (20) of section 316.2065,
434	Florida Statutes, are amended to read:
435	316.2065  Bicycle regulations.-
436	(5)(a)  Any person operating a bicycle upon a roadway at
437	less than the normal speed of traffic at the time and place and
438	under the conditions then existing shall ride in the lane marked
439	for bicycle use or, if no lane is marked for bicycle use, as
440	close as practicable to the right-hand curb or edge of the
441	roadway except under any of the following situations:
442	1.  When overtaking and passing another bicycle or vehicle
443	proceeding in the same direction.
444	2.  When preparing for a left turn at an intersection or
445	into a private road or driveway.
446	3.  When reasonably necessary to avoid any condition,
447	including, but not limited to, a fixed or moving object, parked
448	or moving vehicle, bicycle, pedestrian, animal, surface hazard,
449	or substandard-width lane, that makes it unsafe to continue
450	along the right-hand curb or edge. For the purposes of this
451	subsection, a "substandard-width lane" is a lane that is too
452	narrow for a bicycle and another vehicle to travel safely side
453	by side within the lane.
454	(b)  Any person operating a bicycle upon a one-way highway
455	with two or more marked traffic lanes may ride as near the left-
456	hand curb or edge of such roadway as practicable.
457	(20)  Except as otherwise provided in this section, a
458	violation of this section is a noncriminal traffic infraction,
459	punishable as a pedestrian violation as provided in chapter 318.
460	A law enforcement officer may issue traffic citations for a
461	violation of subsection (3) or subsection (16) only if the
462	violation occurs on a bicycle path or road, as defined in s.
463	334.03. However, a law enforcement officer they may not issue
464	citations to persons on private property, except any part
465	thereof which is open to the use of the public for purposes of
466	vehicular traffic.
467	Section 7.  Subsection (3) of section 316.2085, Florida
468	Statutes, is amended to read:
469	316.2085  Riding on motorcycles or mopeds.-
470	(3)  The license tag of a motorcycle or moped must be
471	permanently affixed to the vehicle and may not be adjusted or
472	capable of being flipped up. No device for or method of
473	concealing or obscuring the legibility of the license tag of a
474	motorcycle shall be installed or used. The license tag of a
475	motorcycle or moped may be affixed horizontally to the ground so
476	that the numbers and letters read from left to right.
477	Alternatively, a license tag for a motorcycle or moped for which
478	the numbers and letters read from top to bottom may be affixed
479	perpendicularly to the ground, provided that the registered
480	owner of the motorcycle or moped maintains a prepaid toll
481	account in good standing and a transponder associated with the
482	prepaid toll account is affixed to the motorcycle or moped.
483	Section 8.  Paragraph (d) is added to subsection (2) of
484	section 316.2952, Florida Statutes, to read:
485	316.2952  Windshields; requirements; restrictions.-
486	(2)  A person shall not operate any motor vehicle on any
487	public highway, road, or street with any sign, sunscreening
488	material, product, or covering attached to, or located in or
489	upon, the windshield, except the following:
490	(d)  A global positioning system device or similar
491	satellite receiver device which uses the global positioning
492	system operated pursuant to 10 U.S.C. s. 2281 for the purpose of
493	obtaining navigation or routing information while the motor
494	vehicle is being operated.
495	Section 9.  Section 316.29545, Florida Statutes, is amended
496	to read:
497	316.29545  Window sunscreening exclusions; medical
498	exemption; certain law enforcement vehicles and private
499	investigative service vehicles exempt.-
500	(1)  The department shall issue medical exemption
501	certificates to persons who are afflicted with Lupus, any
502	autoimmune disease, or other similar medical conditions which
503	require a limited exposure to light, which certificates shall
504	entitle the person to whom the certificate is issued to have
505	sunscreening material on the windshield, side windows, and
506	windows behind the driver which is in violation of the
507	requirements of ss. 316.2951-316.2957. The department shall
508	consult with the Medical Advisory Board established in s.
509	322.125 for guidance with respect to the autoimmune diseases and
510	other medical conditions which shall be included on provide, by
511	rule, for the form of the medical certificate authorized by this
512	section. At a minimum, the medical exemption certificate shall
513	include a vehicle description with the make, model, year,
514	vehicle identification number, medical exemption decal number
515	issued for the vehicle, and the name of the person or persons
516	who are the registered owners of the vehicle. A medical
517	exemption certificate shall be nontransferable and shall become
518	null and void upon the sale or transfer of the vehicle
519	identified on the certificate.
520	(2)  The department shall exempt all law enforcement
521	vehicles used in undercover or canine operations from the window
522	sunscreening requirements of ss. 316.2951-316.2957.
523	(3)  The department shall exempt from the window
524	sunscreening restrictions of ss. 316.2953, 316.2954, and
525	316.2956 vehicles that are owned or leased by private
526	investigators or private investigative agencies licensed under
527	chapter 493.
528	(4)(3)  The department may charge a fee in an amount
529	sufficient to defray the expenses of issuing a medical exemption
530	certificate as described in subsection (1).
531	(5)  The department is authorized to promulgate rules for
532	the implementation of this section.
533	Section 10.  Subsection (1) of section 316.605, Florida
534	Statutes, is amended to read:
535	316.605  Licensing of Vehicles.-
536	(1)  Every vehicle, at all times while driven, stopped, or
537	parked upon any highways, roads, or streets of this state, shall
538	be licensed in the name of the owner thereof in accordance with
539	the laws of this state unless such vehicle is not required by
540	the laws of this state to be licensed in this state and shall,
541	except as otherwise provided in s. 320.0706 for front-end
542	registration license plates on truck tractors and s. 320.086(5)
543	which exempts display of license plates on described former
544	military vehicles, display the license plate or both of the
545	license plates assigned to it by the state, one on the rear and,
546	if two, the other on the front of the vehicle, each to be
547	securely fastened to the vehicle outside the main body of the
548	vehicle not higher than 60 inches and not lower than 12 inches
549	from the ground and no more than 24 inches to the left or right
550	of the centerline of the vehicle, and in such manner as to
551	prevent the plates from swinging, and all letters, numerals,
552	printing, writing, and other identification marks upon the
553	plates regarding the word "Florida," the registration decal, and
554	the alphanumeric designation shall be clear and distinct and
555	free from defacement, mutilation, grease, and other obscuring
556	matter, so that they will be plainly visible and legible at all
557	times 100 feet from the rear or front. Except as provided in s.
558	316.2085(3), vehicle license plates shall be affixed and
559	displayed in such a manner that the letters and numerals shall
560	be read from left to right parallel to the ground. No vehicle
561	license plate may be displayed in an inverted or reversed
562	position or in such a manner that the letters and numbers and
563	their proper sequence are not readily identifiable. Nothing
564	shall be placed upon the face of a Florida plate except as
565	permitted by law or by rule or regulation of a governmental
566	agency. No license plates other than those furnished by the
567	state shall be used. However, if the vehicle is not required to
568	be licensed in this state, the license plates on such vehicle
569	issued by another state, by a territory, possession, or district
570	of the United States, or by a foreign country, substantially
571	complying with the provisions hereof, shall be considered as
572	complying with this chapter. A violation of this subsection is a
573	noncriminal traffic infraction, punishable as a nonmoving
574	violation as provided in chapter 318.
575	Section 11.  Subsection (3) of section 316.646, Florida
576	Statutes, is amended to read:
577	316.646  Security required; proof of security and display
578	thereof; dismissal of cases.-
579	(3)  Any person who violates this section commits a
580	nonmoving traffic infraction subject to the penalty provided in
581	chapter 318 and shall be required to furnish proof of security
582	as provided in this section. If any person charged with a
583	violation of this section fails to furnish proof, at or before
584	the scheduled court appearance date, that security was in effect
585	at the time of the violation, the court shall, upon conviction,
586	notify the department to may immediately suspend the
587	registration and driver's license of such person. If the court
588	fails to order the suspension of the person's registration and
589	driver's license for a conviction of this section at the time of
590	sentencing, the department shall, upon receiving notice of the
591	conviction from the court, suspend the person's registration and
592	driver's license for the violation of this section. Such license
593	and registration may be reinstated only as provided in s.
594	324.0221.
595	Section 12.  Subsections (1), (2), (3), and (10) of section
596	318.14, Florida Statutes, are amended to read:
597	318.14  Noncriminal traffic infractions; exception;
598	procedures.-
599	(1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
600	person cited for a violation of chapter 316, s. 320.0605, s.
601	320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
602	(3), s. 322.1615 s. 322.161(5), s. 322.19, or s. 1006.66(3) is
603	charged with a noncriminal infraction and must be cited for such
604	an infraction and cited to appear before an official. If another
605	person dies as a result of the noncriminal infraction, the
606	person cited may be required to perform 120 community service
607	hours under s. 316.027(4), in addition to any other penalties.
608	(2)  Except as provided in s. 316.1001(2), any person cited
609	for a violation requiring a mandatory hearing listed in s.
610	318.19 or any other criminal traffic violation listed in chapter
611	316 an infraction under this section must sign and accept a
612	citation indicating a promise to appear. The officer may
613	indicate on the traffic citation the time and location of the
614	scheduled hearing and must indicate the applicable civil penalty
615	established in s. 318.18. For all other infractions under this
616	section, except for infractions under s. 316.1001, the officer
617	must certify by electronic, electronic facsimile, or written
618	signature that the citation was delivered to the person cited.
619	This certification is prima facie evidence that the person cited
620	was served with the citation.
621	(3)  Any person who willfully refuses to accept and sign a
622	summons as provided in subsection (2) commits is guilty of a
623	misdemeanor of the second degree.
624	(10)(a)  Any person who does not hold a commercial driver's
625	license and who is cited for an offense listed under this
626	subsection may, in lieu of payment of fine or court appearance,
627	elect to enter a plea of nolo contendere and provide proof of
628	compliance to the clerk of the court, designated official, or
629	authorized operator of a traffic violations bureau. In such
630	case, adjudication shall be withheld; however, no election shall
631	be made under this subsection if such person has made an
632	election under this subsection in the 12 months preceding
633	election hereunder. No person may make more than three elections
634	under this subsection. This subsection applies to the following
635	offenses:
636	1.  Operating a motor vehicle without a valid driver's
637	license in violation of the provisions of s. 322.03, s. 322.065,
638	or s. 322.15(1), or operating a motor vehicle with a license
639	that which has been suspended for failure to appear, failure to
640	pay civil penalty, or failure to attend a driver improvement
641	course pursuant to s. 322.291.
642	2.  Operating a motor vehicle without a valid registration
643	in violation of s. 320.0605, s. 320.07, or s. 320.131.
644	3.  Operating a motor vehicle in violation of s. 316.646.
645	4.  Operating a motor vehicle with a license that has been
646	suspended under s. 61.13016 or s. 322.245 for failure to pay
647	child support or for failure to pay any other financial
648	obligation as provided in s. 322.245; however, this subparagraph
649	does not apply if the license has been suspended pursuant to s.
650	322.245(1).
651	5.  Operating a motor vehicle with a license that has been
652	suspended under s. 322.091 for failure to meet school attendance
653	requirements.
654	(b)  Any person cited for an offense listed in this
655	subsection shall present proof of compliance prior to the
656	scheduled court appearance date. For the purposes of this
657	subsection, proof of compliance shall consist of a valid,
658	renewed, or reinstated driver's license or registration
659	certificate and proper proof of maintenance of security as
660	required by s. 316.646. Notwithstanding waiver of fine, any
661	person establishing proof of compliance shall be assessed court
662	costs of $25, except that a person charged with violation of s.
663	316.646(1)-(3) may be assessed court costs of $8. One dollar of
664	such costs shall be remitted to the Department of Revenue for
665	deposit into the Child Welfare Training Trust Fund of the
666	Department of Children and Family Services. One dollar of such
667	costs shall be distributed to the Department of Juvenile Justice
668	for deposit into the Juvenile Justice Training Trust Fund.
669	Fourteen dollars of such costs shall be distributed to the
670	municipality and $9 shall be deposited by the clerk of the court
671	into the fine and forfeiture fund established pursuant to s.
672	142.01, if the offense was committed within the municipality. If
673	the offense was committed in an unincorporated area of a county
674	or if the citation was for a violation of s. 316.646(1)-(3), the
675	entire amount shall be deposited by the clerk of the court into
676	the fine and forfeiture fund established pursuant to s. 142.01,
677	except for the moneys to be deposited into the Child Welfare
678	Training Trust Fund and the Juvenile Justice Training Trust
679	Fund. This subsection shall not be construed to authorize the
680	operation of a vehicle without a valid driver's license, without
681	a valid vehicle tag and registration, or without the maintenance
682	of required security.
683	Section 13.  Paragraph (c) of subsection (3) of section
684	318.18, Florida Statutes, is amended to read:
685	318.18  Amount of penalties.-The penalties required for a
686	noncriminal disposition pursuant to s. 318.14 or a criminal
687	offense listed in s. 318.17 are as follows:
688	(3)(a)  Except as otherwise provided in this section, $60
689	for all moving violations not requiring a mandatory appearance.
690	(b)  For moving violations involving unlawful speed, the
691	fines are as follows:
692	For speed exceeding the limit by:     Fine:
693	1-5 m.p.h     Warning
694	6-9 m.p.h     $25
695	10-14 m.p.h     $100
696	15-19 m.p.h     $150
697	20-29 m.p.h     $175
698	30 m.p.h. and above     $250
699	(c)  Notwithstanding paragraph (b), a person cited for
700	exceeding the speed limit by up to 5 m.p.h. in a legally posted
701	school zone will be fined $50. A person exceeding the speed
702	limit in a school zone or designated school crossing shall pay a
703	fine double the amount listed in paragraph (b).
704	Section 14.  Effective July 1, 2010, paragraph (b) of
705	subsection (2) of section 319.28, Florida Statutes, is amended
706	to read:
707	319.28  Transfer of ownership by operation of law.-
708	(2)
709	(b)  In case of repossession of a motor vehicle or mobile
710	home pursuant to the terms of a security agreement or similar
711	instrument, an affidavit by the party to whom possession has
712	passed stating that the vehicle or mobile home was repossessed
713	upon default in the terms of the security agreement or other
714	instrument shall be considered satisfactory proof of ownership
715	and right of possession. At least 5 days prior to selling the
716	repossessed vehicle, any subsequent lienholder named in the last
717	issued certificate of title shall be sent notice of the
718	repossession by certified mail, on a form prescribed by the
719	department. If such notice is given and no written protest to
720	the department is presented by a subsequent lienholder within 15
721	days from the date on which the notice was mailed, the
722	certificate of title or the certificate of repossession shall be
723	issued showing no liens. If the former owner or any subsequent
724	lienholder files a written protest under oath within such 15-day
725	period, the department shall not issue the certificate of title
726	or certificate of repossession for 10 days thereafter. If within
727	the 10-day period no injunction or other order of a court of
728	competent jurisdiction has been served on the department
729	commanding it not to deliver the certificate of title or
730	certificate of repossession, the department shall deliver the
731	certificate of title or repossession to the applicant or as may
732	otherwise be directed in the application showing no other liens
733	than those shown in the application. Any lienholder who has
734	repossessed a vehicle in this state in compliance with the
735	provisions of this section must may apply to a the tax
736	collector's office in this state or to the department for a
737	certificate of repossession or to the department for a
738	certificate of title pursuant to s. 319.323. Proof of the
739	required notice to subsequent lienholders shall be submitted
740	together with regular title fees. A lienholder to whom a
741	certificate of repossession has been issued may assign the
742	certificate of title to the subsequent owner. Any person found
743	guilty of violating any requirements of this paragraph shall be
744	guilty of a felony of the third degree, punishable as provided
745	in s. 775.082, s. 775.083, or s. 775.084.
746	Section 15.  Paragraphs (g) through (u) of subsection (1)
747	of section 319.30, Florida Statutes, are redesignated as
748	paragraphs (h) through (v), respectively, a new paragraph (g) is
749	added to that subsection, subsection (9) of that section is
750	renumbered as subsection (10), and a new subsection (9) is added
751	to that section, to read:
752	319.30  Definitions; dismantling, destruction, change of
753	identity of motor vehicle or mobile home; salvage.-
754	(1)  As used in this section, the term:
755	(g)  "Independent entity" means a business or entity that
756	may temporarily store damaged or dismantled motor vehicles
757	pursuant to an agreement with an insurance company and is
758	engaged in the sale or resale of damaged or dismantled motor
759	vehicles. The term does not include a wrecker operator, towing
760	company, or a repair facility.
761	(9)(a)  An insurance company may notify an independent
762	entity that obtains possession of a damaged or dismantled motor
763	vehicle to release the vehicle to the owner. The insurance
764	company shall provide the independent entity a release statement
765	on a form prescribed by the department authorizing the
766	independent entity to release the vehicle to the owner. The form
767	shall, at a minimum, contain the following:
768	1.  The policy and claim number.
769	2.  The name and address of the insured.
770	3.  The vehicle identification number.
771	4.  The signature of an authorized representative of the
772	insurance company.
773	(b)  The independent entity in possession of a motor
774	vehicle must send a notice to the owner that the vehicle is
775	available for pick up when it receives a release statement from
776	the insurance company. The notice shall be sent by certified
777	mail to the owner at the owner's address reflected in the
778	department's records. The notice must inform the owner that the
779	owner has 30 days after receipt of the notice to pick up the
780	vehicle from the independent entity. If the motor vehicle is not
781	claimed within 30 days after the owner receives the notice, the
782	independent entity may apply for a certificate of destruction or
783	a certificate of title.
784	(c)  Upon applying for a certificate of destruction or
785	certificate of title, the independent entity shall provide a
786	copy of the release statement from the insurance company to the
787	independent entity, proof of providing the 30-day notice to the
788	owner, and applicable fees.
789	(d)  The independent entity may not charge an owner of the
790	vehicle storage fees or apply for a title under s. 713.585 or s.
791	713.78.
792	Section 16.  Paragraph (i) is added to subsection (15) of
793	section 320.02, Florida Statutes, to read:
794	320.02  Registration required; application for
795	registration; forms.-
796	(15)
797	(i)  The application forms for motor vehicle registration
798	and renewal of registration must include language permitting a
799	voluntary contribution of $1 per applicant, which shall be
800	distributed to the League Against Cancer/La Liga Contra el
801	Cancer. Such contributions shall be distributed by the
802	department to the League Against Cancer/La Liga Contra el
803	Cancer, a not-for-profit organization that provides free medical
804	care to needy cancer patients. The department shall retain all
805	contributions necessary, up to a maximum of $10,000, to defray
806	the cost of including the voluntary contribution language on the
807	registration forms.
808
809	For the purpose of applying the service charge provided in s.
810	215.20, contributions received under this subsection are not
811	income of a revenue nature.
812	Section 17.  Effective July 1, 2010, subsection (10) of
813	section 320.03, Florida Statutes, is amended to read:
814	320.03  Registration; duties of tax collectors;
815	International Registration Plan.-
816	(10)(a)  Jurisdiction over the outsourced electronic filing
817	system for use by authorized electronic filing system agents to
818	electronically title or register motor vehicles, vessels, mobile
819	homes, or off-highway vehicles; issue or transfer registration
820	license plates or decals; electronically transfer fees due for
821	the title and registration process; and perform inquiries for
822	title, registration, and lienholder verification and
823	certification of service providers licensed motor vehicle
824	dealers electronically to title and to register motor vehicles
825	and to issue or to transfer registration license plates or
826	decals is expressly preempted to the state and the department
827	shall have regulatory authority over the system. The department
828	shall continue its current outsourcing of the existing
829	electronic filing system, including its program standards. The
830	electronic filing system shall be available for use statewide
831	and applied uniformly throughout the state is approved for use
832	in all counties, shall apply uniformly to all tax collectors of
833	the state, and no tax collector may add or detract from the
834	program standards in his or her respective county. An entity
835	that, in the normal course of its business, sells products that
836	must be titled or registered, provides title and registration
837	services on behalf of its consumers and meets all established
838	requirements may be an authorized electronic filing system agent
839	and shall not be precluded from participating in the electronic
840	filing system in any county. Upon request from a qualified
841	entity, the tax collector shall appoint the entity as an
842	authorized electronic filing system agent for that county. The
843	department shall adopt rules in accordance with chapter 120 to
844	replace the December 10, 2009, program standards and to
845	administer the provisions of this section, including, but not
846	limited to, establishing participation requirements,
847	certification of service providers, electronic filing system
848	requirements, and enforcement authority for noncompliance. The
849	December 10, 2009, program standards, excluding any standards
850	which conflict with this paragraph, shall remain in effect until
851	the rules are adopted. An authorized electronic filing agent A
852	motor vehicle dealer licensed under this chapter may charge a
853	fee to the customer for use of the electronic filing system, and
854	such fee is not a component of the program standards. Final
855	authority over disputes relating to program standards lies with
856	the department. By January 1, 2010, the Office of Program Policy
857	Analysis and Government Accountability, with input from the
858	department and from affected parties, including tax collectors,
859	service providers, and motor vehicle dealers, shall report to
860	the President of the Senate and the Speaker of the House of
861	Representatives on the status of the outsourced electronic
862	filing system, including the program standards, and its
863	compliance with this subsection. The report shall identify all
864	public and private alternatives for continued operation of the
865	electronic filing system and shall include any and all
866	appropriate recommendations, including revisions to the program
867	standards.
868	(b)  Notwithstanding paragraph (a), the private entity
869	providers of the electronic filing system shall continue to
870	comply with the financial arrangements with the Tax Collector
871	Service Corporation which were in effect as of January 1, 2010,
872	through December 31, 2010. This paragraph expires January 1,
873	2011.
874	Section 18.  Effective January 1, 2011, subsection (3) of
875	section 320.05, Florida Statutes, is amended to read:
876	320.05  Records of the department; inspection procedure;
877	lists and searches; fees.-
878	(3)(a)  The department is authorized, upon application of
879	any person and payment of the proper fees, to prepare and
880	furnish lists containing motor vehicle or vessel information in
881	such form as the department may authorize, to search the records
882	of the department and make reports thereof, and to make
883	photographic copies of the department records and attestations
884	thereof.
885	(b)  Fees therefor shall be charged and collected as
886	follows:
887	1.  For providing lists of motor vehicle or vessel records
888	for the entire state, or any part or parts thereof, divided
889	according to counties, a sum computed at a rate of not less than
890	1 cent nor more than 5 cents per item.
891	2.  For providing noncertified photographic copies of motor
892	vehicle or vessel documents, $1 per page.
893	3.  For providing noncertified photographic copies of
894	micrographic records, $1 per page.
895	4.  For providing certified copies of motor vehicle or
896	vessel records, $3 per record.
897	5.  For providing noncertified computer-generated printouts
898	of motor vehicle or vessel records, 50 cents per record.
899	6.  For providing certified computer-generated printouts of
900	motor vehicle or vessel records, $3 per record.
901	7.  For providing electronic access to motor vehicle,
902	vessel, and mobile home registration data requested by tag,
903	vehicle identification number, title number, or decal number, 50
904	cents per item.
905	8.  For providing electronic access to driver's license
906	status report by name, sex, and date of birth or by driver
907	license number, 50 cents per item.
908	9.  For providing lists of licensed mobile home dealers and
909	manufacturers and recreational vehicle dealers and
910	manufacturers, $15 per list.
911	10.  For providing lists of licensed motor vehicle dealers,
912	$25 per list.
913	11.  For each copy of a videotape record, $15 per tape.
914	12.  For each copy of the Division of Motor Vehicles
915	Procedures Manual, $25.
916	(c)  Fees collected pursuant to paragraph (b) shall be
917	deposited into the Highway Safety Operating Trust Fund.
918	(d)  The department shall furnish such information without
919	charge to any court or governmental entity.
920	(e)  When motor vehicle, vessel, or mobile home
921	registration data is provided by electronic access through a tax
922	collector's office, the applicable fee as provided in paragraph
923	(b) must be collected and deposited pursuant to paragraph (c).
924	However, when such registration data is obtained through an
925	electronic system described in s. 320.03(10), s. 320.0609, or s.
926	320.131 and results in the issuance of a title certificate or
927	the registration credential, such fee shall not apply a fee for
928	the electronic access is not required to be assessed. However,
929	at the tax collector's discretion, a fee equal to or less than
930	the fee charged by the department for such information may be
931	assessed by the tax collector for the electronic access.
932	Notwithstanding paragraph (c), any funds collected by the tax
933	collector as a result of providing such access shall be retained
934	by the tax collector.
935	Section 19.  Paragraph (b) of subsection (1) of section
936	320.071, Florida Statutes, is amended to read:
937	320.071  Advance registration renewal; procedures.-
938	(1)
939	(b)  The owner of any apportioned motor vehicle currently
940	registered in this state may file an application for renewal of
941	registration with the department any time during the 3 5 months
942	preceding the date of expiration of the registration period.
943	Section 20.  Section 320.08, Florida Statutes, is amended
944	to read:
945	320.08  License taxes.-Except as otherwise provided herein,
946	there are hereby levied and imposed annual license taxes for the
947	operation of motor vehicles, mopeds, motorized bicycles as
948	defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
949	and mobile homes, as defined in s. 320.01, which shall be paid
950	to and collected by the department or its agent upon the
951	registration or renewal of registration of the following:
952	(1)  MOTORCYCLES AND MOPEDS.-
953	(a)  Any motorcycle: $13.50 flat, of which $3.50 shall be
954	deposited into the General Revenue Fund.
955	(b)  Any moped: $6.75 flat, of which $1.75 shall be
956	deposited into the General Revenue Fund.
957	(c)  Upon registration of any motorcycle, motor-driven
958	cycle, or moped there shall be paid in addition to the license
959	taxes specified in this subsection a nonrefundable motorcycle
960	safety education fee in the amount of $2.50. The proceeds of
961	such additional fee shall be deposited in the Highway Safety
962	Operating Trust Fund to fund a motorcycle driver improvement
963	program implemented pursuant to s. 322.025, the Florida
964	Motorcycle Safety Education Program established in s. 322.0255,
965	or the general operations of the department.
966	(d)  An ancient or antique motorcycle: $8.50 $13.50 flat,
967	of which $3.50 shall be deposited into the General Revenue Fund.
968	(2)  AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.-
969	(a)  An ancient or antique automobile, as defined in s.
970	320.086, or a street rod, as defined in s. 320.0863: $10.25
971	flat, of which $2.75 shall be deposited into the General Revenue
972	Fund.
973	(b)  Net weight of less than 2,500 pounds: $19.50 flat, of
974	which $5 shall be deposited into the General Revenue Fund.
975	(c)  Net weight of 2,500 pounds or more, but less than
976	3,500 pounds: $30.50 flat, of which $8 shall be deposited into
977	the General Revenue Fund.
978	(d)  Net weight of 3,500 pounds or more: $44 flat, of which
979	$11.50 shall be deposited into the General Revenue Fund.
980	(3)  TRUCKS.-
981	(a)  Net weight of less than 2,000 pounds: $19.50 flat, of
982	which $5 shall be deposited into the General Revenue Fund.
983	(b)  Net weight of 2,000 pounds or more, but not more than
984	3,000 pounds: $30.50 flat, of which $8 shall be deposited into
985	the General Revenue Fund.
986	(c)  Net weight more than 3,000 pounds, but not more than
987	5,000 pounds: $44 flat, of which $11.50 shall be deposited into
988	the General Revenue Fund.
989	(d)  A truck defined as a "goat," or any other vehicle if
990	used in the field by a farmer or in the woods for the purpose of
991	harvesting a crop, including naval stores, during such
992	harvesting operations, and which is not principally operated
993	upon the roads of the state: $10.25 flat, of which $2.75 shall
994	be deposited into the General Revenue Fund. A "goat" is a motor
995	vehicle designed, constructed, and used principally for the
996	transportation of citrus fruit within citrus groves or for the
997	transportation of crops on farms, and which can also be used for
998	the hauling of associated equipment or supplies, including
999	required sanitary equipment, and the towing of farm trailers.
1000	(e)  An ancient or antique truck, as defined in s. 320.086:
1001	$10.25 flat, of which $2.75 shall be deposited into the General
1002	Revenue Fund.
1003	(4)  HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
1004	VEHICLE WEIGHT.-
1005	(a)  Gross vehicle weight of 5,001 pounds or more, but less
1006	than 6,000 pounds: $60.75 flat, of which $15.75 shall be
1007	deposited into the General Revenue Fund.
1008	(b)  Gross vehicle weight of 6,000 pounds or more, but less
1009	than 8,000 pounds: $87.75 flat, of which $22.75 shall be
1010	deposited into the General Revenue Fund.
1011	(c)  Gross vehicle weight of 8,000 pounds or more, but less
1012	than 10,000 pounds: $103 flat, of which $27 shall be deposited
1013	into the General Revenue Fund.
1014	(d)  Gross vehicle weight of 10,000 pounds or more, but
1015	less than 15,000 pounds: $118 flat, of which $31 shall be
1016	deposited into the General Revenue Fund.
1017	(e)  Gross vehicle weight of 15,000 pounds or more, but
1018	less than 20,000 pounds: $177 flat, of which $46 shall be
1019	deposited into the General Revenue Fund.
1020	(f)  Gross vehicle weight of 20,000 pounds or more, but
1021	less than 26,001 pounds: $251 flat, of which $65 shall be
1022	deposited into the General Revenue Fund.
1023	(g)  Gross vehicle weight of 26,001 pounds or more, but
1024	less than 35,000: $324 flat, of which $84 shall be deposited
1025	into the General Revenue Fund.
1026	(h)  Gross vehicle weight of 35,000 pounds or more, but
1027	less than 44,000 pounds: $405 flat, of which $105 shall be
1028	deposited into the General Revenue Fund.
1029	(i)  Gross vehicle weight of 44,000 pounds or more, but
1030	less than 55,000 pounds: $773 flat, of which $201 shall be
1031	deposited into the General Revenue Fund.
1032	(j)  Gross vehicle weight of 55,000 pounds or more, but
1033	less than 62,000 pounds: $916 flat, of which $238 shall be
1034	deposited into the General Revenue Fund.
1035	(k)  Gross vehicle weight of 62,000 pounds or more, but
1036	less than 72,000 pounds: $1,080 flat, of which $280 shall be
1037	deposited into the General Revenue Fund.
1038	(l)  Gross vehicle weight of 72,000 pounds or more: $1,322
1039	flat, of which $343 shall be deposited into the General Revenue
1040	Fund.
1041	(m)  Notwithstanding the declared gross vehicle weight, a
1042	truck tractor used within a 150-mile radius of its home address
1043	is eligible for a license plate for a fee of $324 flat if:
1044	1.  The truck tractor is used exclusively for hauling
1045	forestry products; or
1046	2.  The truck tractor is used primarily for the hauling of
1047	forestry products, and is also used for the hauling of
1048	associated forestry harvesting equipment used by the owner of
1049	the truck tractor.
1050
1051	Of the fee imposed by this paragraph, $84 shall be deposited
1052	into the General Revenue Fund.
1053	(n)  A truck tractor or heavy truck, not operated as a for-
1054	hire vehicle, which is engaged exclusively in transporting raw,
1055	unprocessed, and nonmanufactured agricultural or horticultural
1056	products within a 150-mile radius of its home address, is
1057	eligible for a restricted license plate for a fee of:
1058	1.  If such vehicle's declared gross vehicle weight is less
1059	than 44,000 pounds, $87.75 flat, of which $22.75 shall be
1060	deposited into the General Revenue Fund.
1061	2.  If such vehicle's declared gross vehicle weight is
1062	44,000 pounds or more and such vehicle only transports from the
1063	point of production to the point of primary manufacture; to the
1064	point of assembling the same; or to a shipping point of a rail,
1065	water, or motor transportation company, $324 flat, of which $84
1066	shall be deposited into the General Revenue Fund.
1067
1068	Such not-for-hire truck tractors and heavy trucks used
1069	exclusively in transporting raw, unprocessed, and
1070	nonmanufactured agricultural or horticultural products may be
1071	incidentally used to haul farm implements and fertilizers
1072	delivered direct to the growers. The department may require any
1073	documentation deemed necessary to determine eligibility prior to
1074	issuance of this license plate. For the purpose of this
1075	paragraph, "not-for-hire" means the owner of the motor vehicle
1076	must also be the owner of the raw, unprocessed, and
1077	nonmanufactured agricultural or horticultural product, or the
1078	user of the farm implements and fertilizer being delivered.
1079	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1080	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1081	(a)1.  A semitrailer drawn by a GVW truck tractor by means
1082	of a fifth-wheel arrangement: $13.50 flat per registration year
1083	or any part thereof, of which $3.50 shall be deposited into the
1084	General Revenue Fund.
1085	2.  A semitrailer drawn by a GVW truck tractor by means of
1086	a fifth-wheel arrangement: $68 flat per permanent registration,
1087	of which $18 shall be deposited into the General Revenue Fund.
1088	(b)  A motor vehicle equipped with machinery and designed
1089	for the exclusive purpose of well drilling, excavation,
1090	construction, spraying, or similar activity, and which is not
1091	designed or used to transport loads other than the machinery
1092	described above over public roads: $44 flat, of which $11.50
1093	shall be deposited into the General Revenue Fund.
1094	(c)  A school bus used exclusively to transport pupils to
1095	and from school or school or church activities or functions
1096	within their own county: $41 flat, of which $11 shall be
1097	deposited into the General Revenue Fund.
1098	(d)  A wrecker, as defined in s. 320.01(40), which is used
1099	to tow a vessel as defined in s. 327.02(39), a disabled,
1100	abandoned, stolen-recovered, or impounded motor vehicle as
1101	defined in s. 320.01(38), or a replacement motor vehicle as
1102	defined in s. 320.01(39): $41 flat, of which $11 shall be
1103	deposited into the General Revenue Fund.
1104	(e)  A wrecker that is used to tow any motor vehicle,
1105	regardless of whether such motor vehicle is a disabled motor
1106	vehicle, a replacement motor vehicle, a vessel, or any other
1107	cargo, as follows:
1108	1.  Gross vehicle weight of 10,000 pounds or more, but less
1109	than 15,000 pounds: $118 flat, of which $31 shall be deposited
1110	into the General Revenue Fund.
1111	2.  Gross vehicle weight of 15,000 pounds or more, but less
1112	than 20,000 pounds: $177 flat, of which $46 shall be deposited
1113	into the General Revenue Fund.
1114	3.  Gross vehicle weight of 20,000 pounds or more, but less
1115	than 26,000 pounds: $251 flat, of which $65 shall be deposited
1116	into the General Revenue Fund.
1117	4.  Gross vehicle weight of 26,000 pounds or more, but less
1118	than 35,000 pounds: $324 flat, of which $84 shall be deposited
1119	into the General Revenue Fund.
1120	5.  Gross vehicle weight of 35,000 pounds or more, but less
1121	than 44,000 pounds: $405 flat, of which $105 shall be deposited
1122	into the General Revenue Fund.
1123	6.  Gross vehicle weight of 44,000 pounds or more, but less
1124	than 55,000 pounds: $772 flat, of which $200 shall be deposited
1125	into the General Revenue Fund.
1126	7.  Gross vehicle weight of 55,000 pounds or more, but less
1127	than 62,000 pounds: $915 flat, of which $237 shall be deposited
1128	into the General Revenue Fund.
1129	8.  Gross vehicle weight of 62,000 pounds or more, but less
1130	than 72,000 pounds: $1,080 flat, of which $280 shall be
1131	deposited into the General Revenue Fund.
1132	9.  Gross vehicle weight of 72,000 pounds or more: $1,322
1133	flat, of which $343 shall be deposited into the General Revenue
1134	Fund.
1135	(f)  A hearse or ambulance: $40.50 flat, of which $10.50
1136	shall be deposited into the General Revenue Fund.
1137	(6)  MOTOR VEHICLES FOR HIRE.-
1138	(a)  Under nine passengers: $17 flat, of which $4.50 shall
1139	be deposited into the General Revenue Fund; plus $1.50 per cwt,
1140	of which 50 cents shall be deposited into the General Revenue
1141	Fund.
1142	(b)  Nine passengers and over: $17 flat, of which $4.50
1143	shall be deposited into the General Revenue Fund; plus $2 per
1144	cwt, of which 50 cents shall be deposited into the General
1145	Revenue Fund.
1146	(7)  TRAILERS FOR PRIVATE USE.-
1147	(a)  Any trailer weighing 500 pounds or less: $6.75 flat
1148	per year or any part thereof, of which $1.75 shall be deposited
1149	into the General Revenue Fund.
1150	(b)  Net weight over 500 pounds: $3.50 flat, of which $1
1151	shall be deposited into the General Revenue Fund; plus $1 per
1152	cwt, of which 25 cents shall be deposited into the General
1153	Revenue Fund.
1154	(8)  TRAILERS FOR HIRE.-
1155	(a)  Net weight under 2,000 pounds: $3.50 flat, of which $1
1156	shall be deposited into the General Revenue Fund; plus $1.50 per
1157	cwt, of which 50 cents shall be deposited into the General
1158	Revenue Fund.
1159	(b)  Net weight 2,000 pounds or more: $13.50 flat, of which
1160	$3.50 shall be deposited into the General Revenue Fund; plus
1161	$1.50 per cwt, of which 50 cents shall be deposited into the
1162	General Revenue Fund.
1163	(9)  RECREATIONAL VEHICLE-TYPE UNITS.-
1164	(a)  A travel trailer or fifth-wheel trailer, as defined by
1165	s. 320.01(1)(b), that does not exceed 35 feet in length: $27
1166	flat, of which $7 shall be deposited into the General Revenue
1167	Fund.
1168	(b)  A camping trailer, as defined by s. 320.01(1)(b)2.:
1169	$13.50 flat, of which $3.50 shall be deposited into the General
1170	Revenue Fund.
1171	(c)  A motor home, as defined by s. 320.01(1)(b)4.:
1172	1.  Net weight of less than 4,500 pounds: $27 flat, of
1173	which $7 shall be deposited into the General Revenue Fund.
1174	2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1175	which $12.25 shall be deposited into the General Revenue Fund.
1176	(d)  A truck camper as defined by s. 320.01(1)(b)3.:
1177	1.  Net weight of less than 4,500 pounds: $27 flat, of
1178	which $7 shall be deposited into the General Revenue Fund.
1179	2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1180	which $12.25 shall be deposited into the General Revenue Fund.
1181	(e)  A private motor coach as defined by s. 320.01(1)(b)5.:
1182	1.  Net weight of less than 4,500 pounds: $27 flat, of
1183	which $7 shall be deposited into the General Revenue Fund.
1184	2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1185	which $12.25 shall be deposited into the General Revenue Fund.
1186	(10)  PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
1187	35 FEET TO 40 FEET.-
1188	(a)  Park trailers.-Any park trailer, as defined in s.
1189	320.01(1)(b)7.: $25 flat.
1190	(b)  A travel trailer or fifth-wheel trailer, as defined in
1191	s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
1192	(11)  MOBILE HOMES.-
1193	(a)  A mobile home not exceeding 35 feet in length: $20
1194	flat.
1195	(b)  A mobile home over 35 feet in length, but not
1196	exceeding 40 feet: $25 flat.
1197	(c)  A mobile home over 40 feet in length, but not
1198	exceeding 45 feet: $30 flat.
1199	(d)  A mobile home over 45 feet in length, but not
1200	exceeding 50 feet: $35 flat.
1201	(e)  A mobile home over 50 feet in length, but not
1202	exceeding 55 feet: $40 flat.
1203	(f)  A mobile home over 55 feet in length, but not
1204	exceeding 60 feet: $45 flat.
1205	(g)  A mobile home over 60 feet in length, but not
1206	exceeding 65 feet: $50 flat.
1207	(h)  A mobile home over 65 feet in length: $80 flat.
1208	(12)  DEALER AND MANUFACTURER LICENSE PLATES.-A franchised
1209	motor vehicle dealer, independent motor vehicle dealer, marine
1210	boat trailer dealer, or mobile home dealer and manufacturer
1211	license plate: $17 flat, of which $4.50 shall be deposited into
1212	the General Revenue Fund.
1213	(13)  EXEMPT OR OFFICIAL LICENSE PLATES.-Any exempt or
1214	official license plate: $4 flat, of which $1 shall be deposited
1215	into the General Revenue Fund.
1216	(14)  LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.-A motor
1217	vehicle for hire operated wholly within a city or within 25
1218	miles thereof: $17 flat, of which $4.50 shall be deposited into
1219	the General Revenue Fund; plus $2 per cwt, of which 50 cents
1220	shall be deposited into the General Revenue Fund.
1221	(15)  TRANSPORTER.-Any transporter license plate issued to
1222	a transporter pursuant to s. 320.133: $101.25 flat, of which
1223	$26.25 shall be deposited into the General Revenue Fund.
1224	Section 21.  Section 45 of chapter 2008-176, Laws of
1225	Florida, is amended to read:
1226	Section 45.  Except for a specialty license plate proposal
1227	which has submitted a letter of intent to the Department of
1228	Highway Safety and Motor Vehicles prior to May 2, 2008, and
1229	which has submitted a valid survey, marketing strategy, and
1230	application fee as required by s. 320.08053, Florida Statutes,
1231	prior to October 1, 2008 the effective date of this act, or
1232	which was included in a bill filed during the 2008 Legislative
1233	Session, the Department of Highway Safety and Motor Vehicles may
1234	not issue any new specialty license plates pursuant to ss.
1235	320.08056 and 320.08058, Florida Statutes, between July 1, 2008,
1236	and July 1, 2014 2011.
1237	Section 22.  Section 320.08053, Florida Statutes, is
1238	amended to read:
1239	320.08053  Requirements for requests to establish specialty
1240	license plates.-
1241	(1)  An organization that seeks authorization to establish
1242	a new specialty license plate for which an annual use fee is to
1243	be charged must submit to the department:
1244	(a)  A request for the particular specialty license plate
1245	being sought, describing the proposed specialty license plate in
1246	specific terms, including a sample plate that conforms to the
1247	specifications set by the department and this chapter, and that
1248	is in substantially final form.
1249	(b)  The results of a scientific sample survey of Florida
1250	motor vehicle owners that indicates at least 30,000 motor
1251	vehicle owners intend to purchase the proposed specialty license
1252	plate at the increased cost. As used in this paragraph, the term
1253	"scientific sample survey" means information that is gathered
1254	from a representative subset of the population as a whole. The
1255	sample survey of registered motor vehicle owners must be
1256	performed independently of the requesting organization by an
1257	organization that conducts similar sample surveys as a normal
1258	course of business. Prior to conducting a sample survey for the
1259	purposes of this section, a requesting organization must obtain
1260	a determination from the department that the organization
1261	selected to conduct the survey performs similar surveys as a
1262	normal course of business and is independent of the requesting
1263	organization. The methodology, results, and any evaluation by
1264	the department of the scientific sample survey shall be
1265	validated by the Auditor General as a condition precedent to
1266	submission of the specialty license plate for approval by the
1267	Legislature.
1268	(b)(c)  An application fee, not to exceed $60,000, to
1269	defray the department's cost for reviewing the application and
1270	developing the specialty license plate, if authorized. State
1271	funds may not be used to pay the application fee, except for
1272	collegiate specialty license plates authorized in s.
1273	320.08058(3) and (13). The specialty license plate application
1274	provisions of this act shall not apply to any organization which
1275	has requested and received the required forms for obtaining a
1276	specialty license plate authorization from the Department of
1277	Highway Safety and Motor Vehicles, has opened a bank account for
1278	the funds collected for the specialty license tag and has made
1279	deposits to such an account, and has obtained signatures toward
1280	completing the requirements for the specialty license tag. All
1281	applications requested on or after the effective date of this
1282	act must meet the requirements of this act.
1283	(c)(d)  A marketing strategy outlining short-term and long-
1284	term marketing plans for the requested specialty license plate
1285	and a financial analysis outlining the anticipated revenues and
1286	the planned expenditures of the revenues to be derived from the
1287	sale of the requested specialty license plates.
1288
1289	The information required under this subsection must be submitted
1290	to the department at least 90 days before the convening of the
1291	next regular session of the Legislature.
1292	(2)  If the specialty license plate requested by the
1293	organization is approved by law, the organization must submit
1294	the proposed art design for the specialty license plate to the
1295	department, in a medium prescribed by the department, as soon as
1296	practicable, but no later than 60 days after the act approving
1297	the specialty license plate becomes a law. If the specialty
1298	license plate requested by the organization is not approved by
1299	the Legislature or does not meet the presale requirements in
1300	subsection (3), the application fee shall be refunded to the
1301	requesting organization.
1302	(3)(a)  Within 120 days following the specialty license
1303	plate becoming law, the department shall establish a method to
1304	issue a specialty license plate voucher to allow for the presale
1305	of the specialty license plate. The processing fee as prescribed
1306	in s. 320.08056, the service charge and branch fee as prescribed
1307	in s. 320.04, and the annual use fee as prescribed in s.
1308	320.08056 shall be charged for the voucher. All other applicable
1309	fees shall be charged at the time of issuance of the license
1310	plates.
1311	(b)  Within 24 months after the presale specialty license
1312	plate voucher is established, the approved specialty license
1313	plate organization must record with the department a minimum of
1314	1,000 voucher sales before manufacture of the license plate may
1315	commence. If, at the conclusion of the 24-month presale period,
1316	the minimum sales requirements have not been met, the specialty
1317	plate is deauthorized and the department shall discontinue
1318	development of the plate and discontinue issuance of the presale
1319	vouchers. Upon deauthorization of the license plate, a purchaser
1320	of the license plate voucher may use the annual use fee
1321	collected as a credit towards any other specialty license plate
1322	or apply for a refund on a form prescribed by the department.
1323	(c)  An organization that meets the requirements of this
1324	subsection shall be deemed to have submitted a valid survey for
1325	purposes of s. 45 of chapter 2008-176, Laws of Florida, as
1326	amended.
1327	Section 23.  The amendments to s. 320.08053, Florida
1328	Statutes, made by this act do not apply to organizations that
1329	are exempt from the moratorium contained in section 45 of
1330	chapter 2008-176, Laws of Florida, and that have complied with
1331	the provisions of s. 320.08053, Florida Statutes (2009).
1332	Section 24.  Subsection (1) and paragraph (b) of subsection
1333	(8) of section 320.08056, Florida Statutes, are amended, and
1334	paragraph (rrr) is added to subsection (4) of that section, to
1335	read:
1336	320.08056  Specialty license plates.-
1337	(1)  The department is responsible for developing the
1338	specialty license plates authorized in s. 320.08053. The
1339	department shall begin production and distribution of each new
1340	specialty license plate within 1 year after approval of the
1341	specialty license plate by the Legislature.
1342	(4)  The following license plate annual use fees shall be
1343	collected for the appropriate specialty license plates:
1344	(rrr)  Hispanic Achievers license plate, $25.
1345	(8)
1346	(b)  The department is authorized to discontinue the
1347	issuance of a specialty license plate and distribution of
1348	associated annual use fee proceeds if the organization no longer
1349	exists, if the organization has stopped providing services that
1350	are authorized to be funded from the annual use fee proceeds, if
1351	the organization does not meet the presale requirements as
1352	prescribed in s. 320.08053(3), or pursuant to an organizational
1353	recipient's request. Organizations shall are required to notify
1354	the department immediately to stop all warrants for plate sales
1355	if any of the conditions in this section exist, and must meet
1356	the requirements of s. 320.08062 for any period of operation
1357	during a fiscal year.
1358	Section 25.  Subsection (70) is added to section 320.08058,
1359	Florida Statutes, to read:
1360	320.08058  Specialty license plates.-
1361	(70)  HISPANIC ACHIEVERS LICENSE PLATES.-
1362	(a)  Upon the National Hispanic Corporate Achievers, Inc.,
1363	meeting the requirements of s. 320.08053, the department shall
1364	develop a Hispanic Achievers license plate as provided in this
1365	section. The plate must bear the colors and design approved by
1366	the department. The word "Florida" must appear at the top of the
1367	plate and "Hispanic Achievers" must appear at the bottom of the
1368	plate.
1369	(b)  The proceeds from the license plate annual use fee
1370	shall be distributed to National Hispanic Corporate Achievers,
1371	Inc., a nonprofit, 501(c)(3) Florida corporation, to fund grants
1372	to nonprofit organizations to operate programs and provide
1373	scholarships and for marketing the Hispanic Achievers license
1374	plate. National Hispanic Corporate Achievers, Inc., shall
1375	establish a Hispanic Achievers Grant Council that shall provide
1376	recommendations for statewide grants from available Hispanic
1377	Achiever license plate proceeds to nonprofit organizations for
1378	programs and scholarships for Hispanic and minority Floridians.
1379	National Hispanic Corporate Achievers, Inc., shall also
1380	establish a Hispanic Achievers License Plate Fund. Moneys in the
1381	fund shall be used by the grant council as provided in this
1382	paragraph. All funds received under this subsection must be used
1383	in this state.
1384	(c)  National Hispanic Corporate Achievers, Inc., may
1385	retain all proceeds from the annual use fee until documented
1386	startup costs for developing and establishing the plate have
1387	been recovered. Thereafter, the proceeds from the annual use fee
1388	shall be used as follows:
1389	1.  Up to 10 percent of the proceeds may be used for the
1390	cost of administration of the Hispanic Achievers License Plate
1391	Fund, the Hispanic Achievers Grant Council, and related matters.
1392	2.  Funds may be used as necessary for annual audit or
1393	compliance affidavit costs.
1394	3.  Twenty-five percent of the proceeds shall be used by
1395	the Hispanic Corporate Achievers, Inc., located in Seminole
1396	County, for grants.
1397	4.  The remaining proceeds shall be available to the
1398	Hispanic Achievers Grant Council to award grants for services,
1399	programs, or scholarships for Hispanic and minority individuals
1400	and organizations throughout the state. All grant recipients
1401	must provide to the Hispanic Achievers Grant Council an annual
1402	program and financial report regarding the use of grant funds.
1403	Such reports must be available to the public.
1404	Section 26.  Subsections (1) and (2) of section 320.0807,
1405	Florida Statutes, are amended to read:
1406	320.0807  Special license plates for Governor and federal
1407	and state legislators.-
1408	(1)  Upon application by any member of the House of
1409	Representatives of Congress and payment of the fees prescribed
1410	by s. 320.0805, the department is authorized to issue to such
1411	Member of Congress a license plate stamped "Member of Congress"
1412	followed by the number of the appropriate congressional district
1413	and the letters "MC," or any other configuration chosen by the
1414	member which is not already in use. Upon application by a United
1415	States Senator and payment of the fees prescribed by s.
1416	320.0805, the department is authorized to issue a license plate
1417	stamped "USS," followed by the numeral II in the case of the
1418	junior senator.
1419	(2)  Upon application by any member of the state House of
1420	Representatives and payment of the fees prescribed by s.
1421	320.0805, the department is authorized to issue such state
1422	representative license plates stamped in bold letters "State
1423	Legislator," followed by the number of the appropriate House of
1424	Representatives district and the letters "HR," or any other
1425	configuration chosen by the member which is not already in use
1426	on one plate; the numbers of the other plates will be assigned
1427	by the department. Upon application by a state senator and
1428	payment of the fees prescribed by s. 320.0805, the department is
1429	authorized to issue license plates stamped in bold letters
1430	"State Senator," followed by the number of the appropriate
1431	Senate district and the letters "SN," or any other configuration
1432	chosen by the member which is not already in use on one plate;
1433	the numbers of the other plates will be assigned by the
1434	department.
1435	Section 27.  Subsection (4) of section 320.084, Florida
1436	Statutes, is amended to read:
1437	320.084  Free motor vehicle license plate to certain
1438	disabled veterans.-
1439	(4)(a)  With the issuance of each new permanent "DV"
1440	numerical motor vehicle license plate, the department shall
1441	initially issue, without cost to the applicant, a validation
1442	sticker reflecting the owner's birth month and a serially
1443	numbered validation sticker reflecting the year of expiration.
1444	The initial sticker reflecting the year of expiration may not
1445	exceed 27 15 months.
1446	(b)  There shall be a service charge in accordance with the
1447	provisions of s. 320.04 for each initial application or renewal
1448	of registration and an additional sum of 50 cents on each
1449	license plate and validation sticker as provided in s.
1450	320.06(3)(b).
1451	(c)  Registration under this section shall be renewed
1452	annually or biennially during the applicable renewal period on
1453	forms prescribed by the department, which shall include, in
1454	addition to any other information required by the department, a
1455	certified statement as to the continued eligibility of the
1456	applicant to receive the special "DV" license plate. Any
1457	applicant who falsely or fraudulently submits to the department
1458	the certified statement required by this paragraph is guilty of
1459	a noncriminal violation and is subject to a civil penalty of
1460	$50.
1461	Section 28.  Section 321.03, Florida Statutes, is amended
1462	to read:
1463	321.03  Imitations prohibited; penalty.-Unless specifically
1464	authorized by the Florida Highway Patrol, a it shall be unlawful
1465	for any person or persons in the state shall not to color or
1466	cause to be colored any motor vehicle or motorcycle the same or
1467	similar color as the color or colors so prescribed for the
1468	Florida Highway Patrol. A Any person who violates violating any
1469	of the provisions of this section or s. 321.02 with respect to
1470	uniforms, emblems, motor vehicles and motorcycles commits shall
1471	be guilty of a misdemeanor of the first degree, punishable as
1472	provided in s. 775.082 or s. 775.083. The Department of Highway
1473	Safety and Motor Vehicles shall employ such clerical help and
1474	mechanics as may be necessary for the economical and efficient
1475	operation of such department.
1476	Section 29.  Section 321.05, Florida Statutes, is amended
1477	to read:
1478	321.05  Duties, functions, and powers of patrol officers.-
1479	The members of the Florida Highway Patrol are hereby declared to
1480	be conservators of the peace and law enforcement officers of the
1481	state, with the common-law right to arrest a person who, in the
1482	presence of the arresting officer, commits a felony or commits
1483	an affray or breach of the peace constituting a misdemeanor,
1484	with full power to bear arms; and they shall apprehend, without
1485	warrant, any person in the unlawful commission of any of the
1486	acts over which the members of the Florida Highway Patrol are
1487	given jurisdiction as hereinafter set out and deliver him or her
1488	to the sheriff of the county that further proceedings may be had
1489	against him or her according to law. In the performance of any
1490	of the powers, duties, and functions authorized by law, members
1491	of the Florida Highway Patrol shall have the same protections
1492	and immunities afforded other peace officers, which shall be
1493	recognized by all courts having jurisdiction over offenses
1494	against the laws of this state, and shall have authority to
1495	apply for, serve, and execute search warrants, arrest warrants,
1496	capias, and other process of the court in those matters in which
1497	patrol officers have primary responsibility as set forth in
1498	subsection (1). The patrol officers under the direction and
1499	supervision of the Department of Highway Safety and Motor
1500	Vehicles shall perform and exercise throughout the state the
1501	following duties, functions, and powers:
1502	(1)  To patrol the state highways and regulate, control,
1503	and direct the movement of traffic thereon; to maintain the
1504	public peace by preventing violence on highways; to apprehend
1505	fugitives from justice; to enforce all laws now in effect
1506	regulating and governing traffic, travel, and public safety upon
1507	the public highways and providing for the protection of the
1508	public highways and public property thereon; to make arrests
1509	without warrant for the violation of any state law committed in
1510	their presence in accordance with the laws of this state;
1511	providing that no search shall be made unless it is incident to
1512	a lawful arrest, to regulate and direct traffic concentrations
1513	and congestions; to enforce laws governing the operation,
1514	licensing, and taxing and limiting the size, weight, width,
1515	length, and speed of vehicles and licensing and controlling the
1516	operations of drivers and operators of vehicles; to cooperate
1517	with officials designated by law to collect all state fees and
1518	revenues levied as an incident to the use or right to use the
1519	highways for any purpose; to require the drivers of vehicles to
1520	stop and exhibit their driver's licenses, registration cards, or
1521	documents required by law to be carried by such vehicles; to
1522	investigate traffic accidents, secure testimony of witnesses and
1523	of persons involved, and make report thereof with copy, when
1524	requested in writing, to any person in interest or his or her
1525	attorney; to investigate reported thefts of vehicles and to
1526	seize contraband or stolen property on or being transported on
1527	the highways. Each patrol officer of the Florida Highway Patrol
1528	is subject to and has the same arrest and other authority
1529	provided for law enforcement officers generally in chapter 901
1530	and has statewide jurisdiction. Each officer also has arrest
1531	authority as provided for state law enforcement officers in s.
1532	901.15. This section shall not be construed as being in conflict
1533	with, but is supplemental to, chapter 933.
1534	(2)  To assist other constituted law enforcement officers
1535	of the state to quell mobs and riots, guard prisoners, and
1536	police disaster areas.
1537	(3)(a)  To make arrests while in fresh pursuit of a person
1538	believed to have violated the traffic and other laws.
1539	(b)  To make arrest of a person wanted for a felony or
1540	against whom a warrant has been issued on any charge in
1541	violation of federal, state, or county laws or municipal
1542	ordinances.
1543	(4)(a)  All fines and costs and the proceeds of the
1544	forfeiture of bail bonds and recognizances resulting from the
1545	enforcement of this chapter by patrol officers shall be paid
1546	into the fine and forfeiture fund established pursuant to s.
1547	142.01 of the county where the offense is committed. In all
1548	cases of arrest by patrol officers, the person arrested shall be
1549	delivered forthwith by the said officer to the sheriff of the
1550	county, or he or she shall obtain from the such person arrested
1551	a recognizance or, if deemed necessary, a cash bond or other
1552	sufficient security conditioned for his or her appearance before
1553	the proper tribunal of the such county to answer the charge for
1554	which he or she has been arrested; and all fees accruing shall
1555	be taxed against the party arrested, which fees are hereby
1556	declared to be part of the compensation of the said sheriffs
1557	authorized to be fixed by the Legislature under s. 5(c), Art. II
1558	of the State Constitution, to be paid such sheriffs in the same
1559	manner as fees are paid for like services in other criminal
1560	cases. All patrol officers are hereby directed to deliver all
1561	bonds accepted and approved by them to the sheriff of the county
1562	in which the offense is alleged to have been committed. However,
1563	a no sheriff shall not be paid any arrest fee for the arrest of
1564	a person for violation of any section of chapter 316 when the
1565	arresting officer was transported in a Florida Highway Patrol
1566	car to the vicinity where the arrest was made; and a no sheriff
1567	shall not be paid any fee for mileage for himself or herself or
1568	a prisoner for miles traveled in a Florida Highway Patrol car. A
1569	No patrol officer is not shall be entitled to any fee or mileage
1570	cost except when responding to a subpoena in a civil cause or
1571	except when the such patrol officer is appearing as an official
1572	witness to testify at any hearing or law action in any court of
1573	this state as a direct result of his or her employment as a
1574	patrol officer during time not compensated as a part of his or
1575	her normal duties. Nothing herein shall be construed as limiting
1576	the power to locate and to take from any person under arrest or
1577	about to be arrested deadly weapons. Nothing contained in This
1578	section is not shall be construed as a limitation upon existing
1579	powers and duties of sheriffs or police officers.
1580	(b)  Any person so arrested and released on his or her own
1581	recognizance by an officer and who fails shall fail to appear or
1582	respond to a notice to appear shall, in addition to the traffic
1583	violation charge, commits be guilty of a noncriminal traffic
1584	infraction subject to the penalty provided in s. 318.18(2).
1585	(5)  The department may employ or assign some fit and
1586	suitable person with experience in the field of public relations
1587	who shall have the duty to promote, coordinate, and publicize
1588	the traffic safety activities in the state and assign such
1589	person to the office of the Governor at a salary to be fixed by
1590	the department. The person so assigned or employed shall be a
1591	member of the uniform division of the Florida Highway Patrol,
1592	and he or she shall have the pay and rank of lieutenant while on
1593	such assignment.
1594	(6)  The Division of Florida Highway Patrol is authorized
1595	to adopt promulgate rules and regulations which may be necessary
1596	to implement the provisions of chapter 316.
1597	Section 30.  Subsection (26) of section 322.01, Florida
1598	Statutes, is amended, and subsection (46) is added to that
1599	section, to read:
1600	322.01  Definitions.-As used in this chapter:
1601	(26)  "Motorcycle" means a motor vehicle powered by a motor
1602	with a displacement of more than 50 cubic centimeters, having a
1603	seat or saddle for the use of the rider, and designed to travel
1604	on not more than three wheels in contact with the ground, but
1605	excluding a tractor, tri-vehicle, or moped.
1606	(46)  "Tri-vehicle" means an enclosed three-wheeled
1607	passenger vehicle that:
1608	(a)  Is designed to operate with three wheels in contact
1609	with the ground;
1610	(b)  Has a minimum unladen weight of 900 pounds;
1611	(c)  Has a single, completely enclosed, occupant
1612	compartment;
1613	(d)  Is produced in a minimum quantity of 300 in any
1614	calendar year;
1615	(e)  Is capable of a speed greater than 60 miles per hour
1616	on level ground; and
1617	(f)  Is equipped with:
1618	1.  Seats that are certified by the vehicle manufacturer to
1619	meet the requirements of Federal Motor Vehicle Safety Standard
1620	No. 207, "Seating systems" (49 C.F.R. s. 571.207);
1621	2.  A steering wheel used to maneuver the vehicle;
1622	3.  A propulsion unit located forward or aft of the
1623	enclosed occupant compartment;
1624	4.  A seat belt for each vehicle occupant certified to meet
1625	the requirements of Federal Motor Vehicle Safety Standard No.
1626	209, "Seat belt assemblies" (49 C.F.R. s. 571.209);
1627	5.  A windshield and an appropriate windshield wiper and
1628	washer system that are certified by the vehicle manufacture to
1629	meet the requirements of Federal Motor Vehicle Safety Standard
1630	No. 205, "Glazing Materials" (49 C.F.R. s. 571.205) and Federal
1631	Motor Vehicle Safety Standard No. 104, "Windshield Wiping and
1632	Washing Systems" (49 C.F.R. s. 571.104); and
1633	6.  A vehicle structure certified by the vehicle
1634	manufacturer to meet the requirements of Federal Motor Vehicle
1635	Safety Standard No. 216, "Rollover crush resistance" (49 C.F.R.
1636	s. 571.216).
1637	Section 31.  Subsection (7) of section 322.08, Florida
1638	Statutes, is amended to read:
1639	322.08  Application for license; requirements for license
1640	and identification card forms.-
1641	(7)  The application form for an original, renewal, or
1642	replacement a driver's license or identification card duplicate
1643	thereof shall include language permitting the following:
1644	(a)  A voluntary contribution of $1 per applicant, which
1645	contribution shall be deposited into the Health Care Trust Fund
1646	for organ and tissue donor education and for maintaining the
1647	organ and tissue donor registry.
1648	(b)  A voluntary contribution of $1 per applicant, which
1649	contribution shall be distributed to the Florida Council of the
1650	Blind.
1651	(c)  A voluntary contribution of $2 per applicant, which
1652	shall be distributed to the Hearing Research Institute,
1653	Incorporated.
1654	(d)  A voluntary contribution of $1 per applicant, which
1655	shall be distributed to the Juvenile Diabetes Foundation
1656	International.
1657	(e)  A voluntary contribution of $1 per applicant, which
1658	shall be distributed to the Children's Hearing Help Fund.
1659	(f)  A voluntary contribution of $1 per applicant, which
1660	shall be distributed to Family First, a nonprofit organization.
1661	(g)  A voluntary contribution of $1 per applicant, to Stop
1662	Heart Disease, which shall be distributed to the Florida Heart
1663	Research Institute, a nonprofit organization.
1664	(h)  Notwithstanding s. 322.081, a voluntary contribution
1665	of $1 per applicant, which shall be distributed to the League
1666	Against Cancer/La Liga Contra el Cancer, a not-for-profit
1667	organization.
1668	(i)  Notwithstanding s. 322.081, a voluntary contribution
1669	of $1 per applicant to the state homes for veterans, to be
1670	distributed on a quarterly basis by the department to the State
1671	Homes for Veterans Trust Fund, which is administered by the
1672	Department of Veterans' Affairs.
1673
1674	A statement providing an explanation of the purpose of the trust
1675	funds shall also be included. For the purpose of applying the
1676	service charge provided in s. 215.20, contributions received
1677	under paragraphs (b)-(i) (b), (c), (d), (e), (f), and (g) and
1678	under s. 322.18(9) are not income of a revenue nature.
1679	Section 32.  Section 322.121, Florida Statutes, is amended
1680	to read:
1681	322.121  Periodic reexamination of all drivers.-
1682	(1)  It is the intent of the Legislature that all licensed
1683	drivers in Florida be reexamined upon renewal of their licenses.
1684	Because only a small percentage of drivers in the state are
1685	categorized as problem drivers, the Legislature intends that
1686	renewals the large number of drivers who have not had any
1687	convictions for the 3 years preceding renewal and whose driving
1688	privilege in this state has not been revoked, disqualified, or
1689	suspended at any time during the 7 years preceding renewal be
1690	processed expeditiously upon renewal of their licenses by
1691	examinations of the licensee's their eyesight and hearing only
1692	and that all other licensees be tested, in addition to the
1693	eyesight and hearing examinations, with respect to their ability
1694	to read and understand highway signs regulating, warning, and
1695	directing traffic.
1696	(2)  Each licensee must pass a reexamination at the time of
1697	renewal, except as otherwise provided in this chapter. For each
1698	licensee whose driving record does not show any convictions for
1699	the preceding 3 years or any revocations, disqualifications, or
1700	suspensions for the preceding 7 years; and who, at the time of
1701	renewal, presents a renewal notice verifying such safe driving
1702	record, the reexamination shall consist of tests of the
1703	licensee's eyesight and hearing. For all other licensees, in
1704	addition to the eyesight and hearing tests, the reexamination
1705	must include tests of the ability to read and understand highway
1706	signs and pavement markings regulating, warning, and directing
1707	traffic.
1708	(2)(3)  For each licensee whose driving record does not
1709	show any revocations, disqualifications, or suspensions for the
1710	preceding 7 years or any convictions for the preceding 3 years
1711	except for convictions of the following nonmoving violations:
1712	(a)  Failure to exhibit a vehicle registration certificate,
1713	rental agreement, or cab card pursuant to s. 320.0605;
1714	(b)  Failure to renew a motor vehicle or mobile home
1715	registration that has been expired for 4 months or less pursuant
1716	to s. 320.07(3)(a);
1717	(c)  Operating a motor vehicle with an expired license that
1718	has been expired for 4 months or less pursuant to s. 322.065;
1719	(d)  Failure to carry or exhibit a license pursuant to s.
1720	322.15(1); or
1721	(e)  Failure to notify the department of a change of
1722	address or name within 10 days pursuant to s. 322.19,
1723
1724	the department shall cause such licensee's license to be
1725	prominently marked with the notation "Safe Driver."
1726	(3)(4)  Eyesight examinations must be administered as
1727	provided in s. 322.12.
1728	(4)(5)  An examination fee may not be assessed for
1729	reexamination required by this section.
1730	(5)(6)  Members of the Armed Forces, or their dependents
1731	residing with them, shall be granted an automatic extension for
1732	the expiration of their licenses without reexamination while
1733	serving on active duty outside this state. This extension is
1734	valid for 90 days after the member of the Armed Forces is either
1735	discharged or returns to this state to live.
1736	(6)(7)  In addition to any other examination authorized by
1737	this section, an applicant for a renewal of a commercial
1738	driver's license may be required to complete successfully an
1739	examination of his or her knowledge regarding state and federal
1740	rules, regulations, and laws, governing the type of vehicle
1741	which he or she is applying to be licensed to operate.
1742	(7)(8)  In addition to any other examination authorized by
1743	this section, an applicant for a renewal of an endorsement
1744	issued under s. 322.57(1)(a), (b), (d), (e), or (f) may be
1745	required to complete successfully an examination of his or her
1746	knowledge regarding state and federal rules, regulations, and
1747	laws, governing the type of vehicle which he or she is seeking
1748	an endorsement to operate.
1749	Section 33.  Paragraph (a) of subsection (5) and paragraph
1750	(c) of subsection (8) of section 322.18, Florida Statutes, are
1751	amended, to read:
1752	322.18  Original applications, licenses, and renewals;
1753	expiration of licenses; delinquent licenses.-
1754	(5)  All renewal driver's licenses may be issued after the
1755	applicant licensee has been determined to be eligible by the
1756	department.
1757	(a)  A licensee who is otherwise eligible for renewal and
1758	who is at least 80 years of age:
1759	1.  Must submit to and pass a vision test administered at
1760	any driver's license office; or
1761	2.  If the licensee applies for a renewal using a
1762	convenience service as provided in subsection (8), he or she
1763	must submit to a vision test administered by a physician
1764	licensed under chapter 458 or chapter 459, or an optometrist
1765	licensed under chapter 463, or a licensed physician at a
1766	federally established veterans' hospital, must send the results
1767	of that test to the department on a form obtained from the
1768	department and signed by such health care practitioner, and must
1769	meet vision standards that are equivalent to the standards for
1770	passing the departmental vision test. The physician or
1771	optometrist may submit the results of a vision test by a
1772	department-approved electronic means.
1773	(8)  The department shall issue 8-year renewals using a
1774	convenience service without reexamination to drivers who have
1775	not attained 80 years of age. The department shall issue 6-year
1776	renewals using a convenience service when the applicant has
1777	satisfied the requirements of subsection (5).
1778	(c)  The department shall issue one renewal using a
1779	convenience service. A person who is out of this state when his
1780	or her license expires may be issued a 90-day temporary driving
1781	permit without reexamination. At the end of the 90-day period,
1782	the person must either return to this state or apply for a
1783	license where the person is located, except for a member of the
1784	Armed Forces as provided in s. 322.121(5) s. 322.121(6).
1785	Section 34.  Subsection (2) of section 322.2615, Florida
1786	Statutes, is amended to read:
1787	322.2615  Suspension of license; right to review.-
1788	(2)  Except as provided in paragraph (1)(a), the law
1789	enforcement officer shall forward to the department, within 5
1790	days after issuing the notice of suspension, the driver's
1791	license; an affidavit stating the officer's grounds for belief
1792	that the person was driving or in actual physical control of a
1793	motor vehicle while under the influence of alcoholic beverages
1794	or chemical or controlled substances; the results of any breath
1795	or blood test or an affidavit stating that a breath, blood, or
1796	urine test was requested by a law enforcement officer or
1797	correctional officer and that the person refused to submit; the
1798	officer's description of the person's field sobriety test, if
1799	any; and the notice of suspension; and a copy of the crash
1800	report, if any. The failure of the officer to submit materials
1801	within the 5-day period specified in this subsection and in
1802	subsection (1) does not affect the department's ability to
1803	consider any evidence submitted at or prior to the hearing. The
1804	officer may also submit a copy of the crash report and a copy of
1805	a videotape of the field sobriety test or the attempt to
1806	administer such test. Materials submitted to the department by a
1807	law enforcement agency or correctional agency shall be
1808	considered self-authenticating and shall be in the record for
1809	consideration by the hearing officer. Notwithstanding s.
1810	316.066(7), the crash report shall be considered by the hearing
1811	officer.
1812	Section 35.  Subsection (11) is added to section 322.34,
1813	Florida Statutes, to read:
1814	322.34  Driving while license suspended, revoked, canceled,
1815	or disqualified.-
1816	(10)(a)  Notwithstanding any other provision of this
1817	section, if a person does not have a prior forcible felony
1818	conviction as defined in s. 776.08, the penalties provided in
1819	paragraph (b) apply if a person's driver's license or driving
1820	privilege is canceled, suspended, or revoked for:
1821	1.  Failing to pay child support as provided in s. 322.245
1822	or s. 61.13016;
1823	2.  Failing to pay any other financial obligation as
1824	provided in s. 322.245 other than those specified in s.
1825	322.245(1);
1826	3.  Failing to comply with a civil penalty required in s.
1827	318.15;
1828	4.  Failing to maintain vehicular financial responsibility
1829	as required by chapter 324;
1830	5.  Failing to comply with attendance or other requirements
1831	for minors as set forth in s. 322.091; or
1832	6.  Having been designated a habitual traffic offender
1833	under s. 322.264(1)(d) as a result of suspensions of his or her
1834	driver's license or driver privilege for any underlying
1835	violation listed in subparagraphs 1.-5.
1836	(b)1.  Upon a first conviction for knowingly driving while
1837	his or her license is suspended, revoked, or canceled for any of
1838	the underlying violations listed in subparagraphs (a)1.-6., a
1839	person commits a misdemeanor of the second degree, punishable as
1840	provided in s. 775.082 or s. 775.083.
1841	2.  Upon a second or subsequent conviction for the same
1842	offense of knowingly driving while his or her license is
1843	suspended, revoked, or canceled for any of the underlying
1844	violations listed in subparagraphs (a)1.-6., a person commits a
1845	misdemeanor of the first degree, punishable as provided in s.
1846	775.082 or s. 775.083.
1847	(11)(a)  A person who does not hold a commercial driver's
1848	license and who is cited for an offense of knowingly driving
1849	while his or her license is suspended, revoked, or canceled for
1850	any of the underlying violations listed in paragraph (10)(a)
1851	may, in lieu of payment of fine or court appearance, elect to
1852	enter a plea of nolo contendere and provide proof of compliance
1853	to the clerk of the court, designated official, or authorized
1854	operator of a traffic violations bureau. In such case,
1855	adjudication shall be withheld. However, no election shall be
1856	made under this subsection if such person has made an election
1857	under this subsection during the preceding 12 months. A person
1858	may not make more than three elections under this subsection.
1859	(b)  If adjudication is withheld under paragraph (a), such
1860	action is not a conviction.
1861	Section 36.  Subsection (8) of section 322.61, Florida
1862	Statutes, is amended to read:
1863	322.61  Disqualification from operating a commercial motor
1864	vehicle.-
1865	(8)  A driver who is convicted of or otherwise found to
1866	have committed a violation of an out-of-service order while
1867	driving a commercial motor vehicle is disqualified as follows:
1868	(a)  Not less than 180 90 days nor more than 1 year if the
1869	driver is convicted of or otherwise found to have committed a
1870	first violation of an out-of-service order.
1871	(b)  Not less than 2 years 1 year nor more than 5 years if,
1872	for offenses occurring during any 10-year period, the driver is
1873	convicted of or otherwise found to have committed two violations
1874	of out-of-service orders in separate incidents.
1875	(c)  Not less than 3 years nor more than 5 years if, for
1876	offenses occurring during any 10-year period, the driver is
1877	convicted of or otherwise found to have committed three or more
1878	violations of out-of-service orders in separate incidents.
1879	(d)  Not less than 180 days nor more than 2 years if the
1880	driver is convicted of or otherwise found to have committed a
1881	first violation of an out-of-service order while transporting
1882	hazardous materials required to be placarded under the Hazardous
1883	Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
1884	while operating motor vehicles designed to transport more than
1885	15 passengers, including the driver. A driver is disqualified
1886	for a period of not less than 3 years nor more than 5 years if,
1887	for offenses occurring during any 10-year period, the driver is
1888	convicted of or otherwise found to have committed any subsequent
1889	violations of out-of-service orders, in separate incidents,
1890	while transporting hazardous materials required to be placarded
1891	under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
1892	5101 et seq., or while operating motor vehicles designed to
1893	transport more than 15 passengers, including the driver.
1894	Section 37.  Section 488.06, Florida Statutes, is amended
1895	to read:
1896	488.06  Revocation or suspension of license or
1897	certificate.-The Department of Highway Safety and Motor Vehicles
1898	may suspend or revoke any license or certificate issued under
1899	the provisions of this chapter if the holder of the license or
1900	certificate or an instructor, agent, or employee of the
1901	commercial driving school has:
1902	(1)  Violated the provisions of this chapter;.
1903	(2)  Been convicted of, pled no contest to, or had
1904	adjudication withheld for any felony offense or misdemeanor
1905	offense, as shown by a fingerprint-based criminal background
1906	check, the cost of which must be borne by the applicant,
1907	instructor, agent, or employee;
1908	(3)  Committed any fraud or willful misrepresentation in
1909	applying for or obtaining a license; or
1910	(4)  Solicited business on any premises, including parking
1911	areas, used by the department or a tax collector for the purpose
1912	of licensing drivers.
1913
1914	For purposes of subsection (2), fingerprints shall be submitted
1915	to the Florida Department of Law Enforcement for state
1916	processing, and the Florida Department of Law Enforcement shall
1917	forward them to the Federal Bureau of Investigation for national
1918	processing.
1919	Section 38.  Except as otherwise expressly provided in this
1920	act, this act shall take effect September 1, 2010.

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