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	Hispanic Achievers license plate, the Children First
142	license plate, and the Veterans of Foreign Wars license
143	plate; establishing an annual use fee for the plates;
144	providing for distribution of use fees received from the
145	sale of such plates; prohibiting the department from
146	establishing new voluntary contributions on the motor
147	vehicle registration application form or the driver's
148	license application form during a certain time period;
149	providing exceptions; amending s. 320.0807, F.S.; revising
150	provisions governing the special license plates issued to
151	federal and state legislators; amending s. 320.084, F.S.;
152	providing for a biennial registration renewal period for
153	disabled veteran license plates; amending s. 321.03, F.S.;
154	providing that it is unlawful to possess or color or cause
155	to be colored a motor vehicle or motorcycle of the same or
156	similar color as those prescribed for the Florida Highway
157	Patrol unless specifically authorized by the Florida
158	Highway Patrol; amending s. 321.05, F.S.; providing that
159	officers of the Florida Highway Patrol have the same
160	arrest and other authority as that provided for certain
161	other state law enforcement officers; amending s. 322.01,
162	F.S.; defining the term "tri-vehicle" and excluding such
163	vehicles from the definition of "motorcycle" as those
164	terms are used in provisions for drivers' licenses;
165	amending s. 322.08, F.S.; requiring the application form
166	for an original, renewal, or replacement driver's license
167	or identification card to include language permitting the
168	applicant to make voluntary contributions for certain
169	purposes; requiring such forms to include language
170	permitting the applicant to make a voluntary contribution
171	to the League Against Cancer/La Liga Contra el Cancer and
172	to state homes for veterans; providing for distribution of
173	funds collected from such contributions; providing that
174	such contributions are not considered income of a revenue
175	nature; amending s. 322.121, F.S.; revising legislative
176	intent for reexamination of licensed drivers upon the
177	renewal of the driver's license; removing a requirement
178	that each licensee must pass a reexamination at the time
179	of license renewal; amending s. 322.18, F.S.; authorizing
180	a licensed physician at a federally established veterans'
181	hospital to administer a vision test for purposes of
182	renewing a driver's license; conforming a cross-reference;
183	amending s. 322.2615, F.S.; revising requirements for
184	information an officer must submit to the department after
185	suspending a driver's license for certain DUI offenses;
186	removing a requirement that the officer submit a copy of a
187	crash report; authorizing the officer to submit such
188	report; amending s. 322.271, F.S.; providing procedures
189	for the restoration of the driving privileges of certain
190	persons whose driving privileges have been revoked;
191	providing for a hearing; providing for the adoption of
192	rules; providing a phase-in period; amending s. 322.2715,
193	F.S.; requiring the installation of an ignition interlock
194	device under certain circumstances; amending s. 322.34,
195	F.S.; providing that if a person does not hold a
196	commercial driver's license and is cited for an offense of
197	knowingly driving while his or her license is suspended,
198	revoked, or canceled for specified offenses, he or she
199	may, in lieu of payment of a fine or court appearance,
200	elect to enter a plea of nolo contendere and provide proof
201	of compliance to the clerk of the court, designated
202	official, or authorized operator of a traffic violations
203	bureau; limiting a driver's option to elect such a remedy;
204	amending s. 322.61, F.S.; revising the period of
205	disqualification from operating a commercial motor vehicle
206	for a violation of an out-of-service order; amending s.
207	488.06, F.S.; specifying additional circumstances under
208	which the department may suspend or revoke a license or
209	certificate of a driving school; providing procedures for
210	background screening; amending ss. 261.03 and 317.0003,
211	F.S.; revising the definition of the term "ROV" to include
212	vehicles of an increased width and weight for purposes of
213	provisions relating to off-highway vehicles; amending s.
214	316.008, F.S.; authorizing a county or municipality to
215	enact an ordinance to permit, control, or regulate the
216	operation of vehicles, golf carts, mopeds, motorized
217	scooters, and electric personal assistive mobility devices
218	on sidewalks or sidewalk areas under certain conditions;
219	requiring the ordinance to restrict such vehicles or
220	devices to a certain maximum speed; amending s. 316.1995,
221	F.S.; specifying exceptions to restrictions on operating
222	vehicles upon a bicycle path, sidewalk, or sidewalk area;
223	amending s. 316.212, F.S.; providing for a local
224	governmental entity to enact an ordinance relating to golf
225	cart operation on sidewalks in certain areas if certain
226	conditions are met; amending s. 316.2128, F.S.; revising
227	requirements for signage which must be displayed by
228	certain sellers of motorized scooters or miniature
229	motorcycles; creating the "Ronshay Dugans Act";
230	designating Drowsy Driving Prevention Week; encouraging
231	the Department of Highway Safety and Motor Vehicles and
232	the Department of Transportation to educate the law
233	enforcement community and the public about the
234	relationship between fatigue and driving performance;
235	providing effective dates.
236
237	Be It Enacted by the Legislature of the State of Florida:
238
239	Section 1.  Subsection (86) is added to section 316.003,
240	Florida Statutes, to read:
241	316.003  Definitions.-The following words and phrases, when
242	used in this chapter, shall have the meanings respectively
243	ascribed to them in this section, except where the context
244	otherwise requires:
245	(86)  TRI-VEHICLE.-An enclosed three-wheeled passenger
246	vehicle that:
247	(a)  Is designed to operate with three wheels in contact
248	with the ground;
249	(b)  Has a minimum unladen weight of 900 pounds;
250	(c)  Has a single, completely enclosed, occupant
251	compartment;
252	(d)  Is produced in a minimum quantity of 300 in any
253	calendar year;
254	(e)  Is capable of a speed greater than 60 miles per hour
255	on level ground; and
256	(f)  Is equipped with:
257	1.  Seats that are certified by the vehicle manufacturer to
258	meet the requirements of Federal Motor Vehicle Safety Standard
259	No. 207, "Seating systems" (49 C.F.R. s. 571.207);
260	2.  A steering wheel used to maneuver the vehicle;
261	3.  A propulsion unit located forward or aft of the
262	enclosed occupant compartment;
263	4.  A seat belt for each vehicle occupant certified to meet
264	the requirements of Federal Motor Vehicle Safety Standard No.
265	209, "Seat belt assemblies" (49 C.F.R. s. 571.209);
266	5.  A windshield and an appropriate windshield wiper and
267	washer system that are certified by the vehicle manufacturer to
268	meet the requirements of Federal Motor Vehicle Safety Standard
269	No. 205, "Glazing Materials" (49 C.F.R. s. 571.205) and Federal
270	Motor Vehicle Safety Standard No. 104, "Windshield Wiping and
271	Washing Systems" (49 C.F.R. s. 571.104); and
272	6.  A vehicle structure certified by the vehicle
273	manufacturer to meet the requirements of Federal Motor Vehicle
274	Safety Standard No. 216, "Rollover crush resistance" (49 C.F.R.
275	s. 571.216).
276	Section 2.  Paragraph (b) of subsection (5) of section
277	316.066, Florida Statutes, is amended to read:
278	316.066  Written reports of crashes.-
279	(5)
280	(b)  Crash reports held by an agency under paragraph (a)
281	may be made immediately available to the parties involved in the
282	crash, their legal representatives, their licensed insurance
283	agents, their insurers or insurers to which they have applied
284	for coverage, persons under contract with such insurers to
285	provide claims or underwriting information, prosecutorial
286	authorities, law enforcement agencies, county traffic
287	operations, victim services programs, radio and television
288	stations licensed by the Federal Communications Commission,
289	newspapers qualified to publish legal notices under ss. 50.011
290	and 50.031, and free newspapers of general circulation,
291	published once a week or more often, available and of interest
292	to the public generally for the dissemination of news. For the
293	purposes of this section, the following products or publications
294	are not newspapers as referred to in this section: those
295	intended primarily for members of a particular profession or
296	occupational group; those with the primary purpose of
297	distributing advertising; and those with the primary purpose of
298	publishing names and other personal identifying information
299	concerning parties to motor vehicle crashes.
300	Section 3.  Paragraph (b) of subsection (1) of section
301	316.0741, Florida Statutes, is amended to read:
302	316.0741  High-occupancy-vehicle lanes.-
303	(1)  As used in this section, the term:
304	(b)  "Hybrid vehicle" means a motor vehicle:
305	1.  That draws propulsion energy from onboard sources of
306	stored energy which are both an internal combustion or heat
307	engine using combustible fuel and a rechargeable energy-storage
308	system; and
309	2.  That, in the case of a passenger automobile or light
310	truck, has received a certificate of conformity under the Clean
311	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
312	equivalent qualifying California standards for a low-emission
313	vehicle; and
314	3.  That, in the case of a tri-vehicle, is an inherently
315	low-emission vehicle as provided in subsection (4).
316	(4)(a)  Notwithstanding any other provision of this
317	section, an inherently low-emission vehicle (ILEV) that is
318	certified and labeled in accordance with federal regulations may
319	be driven in an HOV lane at any time, regardless of its
320	occupancy. In addition, upon the state's receipt of written
321	notice from the proper federal regulatory agency authorizing
322	such use, a vehicle defined as a hybrid vehicle under this
323	section may be driven in an HOV lane at any time, regardless of
324	its occupancy.
325	(b)  All eligible hybrid and all eligible other low-
326	emission and energy-efficient vehicles driven in an HOV lane
327	must comply with the minimum fuel economy standards in 23 U.S.C.
328	s. 166(f)(3)(B).
329	(c)  Upon issuance of the applicable United States
330	Environmental Protection Agency final rule pursuant to 23 U.S.C.
331	s. 166(e), relating to the eligibility of hybrid and other low-
332	emission and energy-efficient vehicles for operation in an HOV
333	lane, regardless of occupancy, the Department of Transportation
334	shall review the rule and recommend to the Legislature any
335	statutory changes necessary for compliance with the federal
336	rule. The department shall provide its recommendations no later
337	than 30 days following issuance of the final rule.
338	Section 4.  Section 316.159, Florida Statutes, is amended
339	to read:
340	316.159  Certain vehicles to stop or slow at all railroad
341	grade crossings.-
342	(1)  The driver of any motor vehicle carrying passengers
343	for hire, excluding taxicabs, of any school bus carrying any
344	school child, or of any vehicle carrying explosive substances or
345	flammable liquids as a cargo or part of a cargo, before crossing
346	at grade any track or tracks of a railroad, shall stop such
347	vehicle within 50 feet but not less than 15 feet from the
348	nearest rail of the railroad and, while so stopped, shall listen
349	and look in both directions along the track for any approaching
350	train, and for signals indicating the approach of a train,
351	except as hereinafter provided, and shall not proceed until he
352	or she can do so safely. After stopping as required herein and
353	upon proceeding when it is safe to do so, the driver of any such
354	vehicle shall cross only in a gear of the vehicle so that there
355	will be no necessity for changing gears while traversing the
356	crossing, and the driver shall not shift gears while crossing
357	the track or tracks.
358	(2)  No stop need be made at any such crossing where a
359	police officer, a traffic control signal, or a sign directs
360	traffic to proceed. However, any school bus carrying any school
361	child shall be required to stop unless directed to proceed by a
362	police officer.
363	(3)  The driver of any commercial motor vehicle that is not
364	required to stop under subsection (1) or subsection (2) shall
365	slow the motor vehicle before crossing the tracks of any
366	railroad grade crossing and check that the tracks are clear of
367	an approaching train.
368	(4)(3)  A violation of this section is a noncriminal
369	traffic infraction, punishable as a moving violation as provided
370	in chapter 318.
371	Section 5.  Subsections (13) and (14) of section 316.193,
372	Florida Statutes, are amended to read:
373	316.193  Driving under the influence; penalties.-
374	(13)  If personnel of the circuit court or the sheriff do
375	not immobilize vehicles, only immobilization agencies that meet
376	the conditions of this subsection shall immobilize vehicles in
377	that judicial circuit.
378	(a)  The immobilization agency responsible for immobilizing
379	vehicles in that judicial circuit shall be subject to strict
380	compliance with all of the following conditions and
381	restrictions:
382	1.  Any immobilization agency engaged in the business of
383	immobilizing vehicles shall provide to the clerk of the court a
384	signed affidavit attesting that the agency:
385	a.  Have a class "R" license issued pursuant to part IV of
386	chapter 493;
387	a.b.  Has Have at least 3 years of verifiable experience in
388	immobilizing vehicles; and
389	b.c.  Maintains Maintain accurate and complete records of
390	all payments for the immobilization, copies of all documents
391	pertaining to the court's order of impoundment or
392	immobilization, and any other documents relevant to each
393	immobilization. Such records must be maintained by the
394	immobilization agency for at least 3 years; and
395	c.  Employs and assigns persons to immobilize vehicles that
396	meet the requirements established in subparagraph 2.
397	2.  The person who immobilizes a vehicle must:
398	a.  Not have been adjudicated incapacitated under s.
399	744.331, or a similar statute in another state, unless his or
400	her capacity has been judicially restored; involuntarily placed
401	in a treatment facility for the mentally ill under chapter 394,
402	or a similar law in any other state, unless his or her
403	competency has been judicially restored; or diagnosed as having
404	an incapacitating mental illness unless a psychologist or
405	psychiatrist licensed in this state certifies that he or she
406	does not currently suffer from the mental illness.
407	b.  Not be a chronic and habitual user of alcoholic
408	beverages to the extent that his or her normal faculties are
409	impaired; not have been committed under chapter 397, former
410	chapter 396, or a similar law in any other state; not have been
411	found to be a habitual offender under s. 856.011(3), or a
412	similar law in any other state; or not have had any convictions
413	under this section, or a similar law in any other state, within
414	2 years before the affidavit is submitted.
415	c.  Not have been committed for controlled substance abuse
416	or have been found guilty of a crime under chapter 893, or a
417	similar law in any other state, relating to controlled
418	substances in any other state.
419	d.  Not have been found guilty of or entered a plea of
420	guilty or nolo contendere to, regardless of adjudication, or
421	been convicted of a felony, unless his or her civil rights have
422	been restored.
423	e.  Be a citizen or legal resident alien of the United
424	States or have been granted authorization to seek employment in
425	this country by the United States Bureau of Citizenship and
426	Immigration Services.
427	(b)  The immobilization agency shall conduct a state
428	criminal history check through the Florida Department of Law
429	Enforcement to ensure that the person hired to immobilize a
430	vehicle meets the requirements in sub-subparagraph (a)2.d. never
431	have been convicted of any felony or of driving or boating under
432	the influence of alcohol or a controlled substance in the last 3
433	years.
434	(c)(b)  A person who violates paragraph (a) commits a
435	misdemeanor of the first degree, punishable as provided in s.
436	775.082 or s. 775.083.
437	(c)  Any immobilization agency who is aggrieved by a
438	person's violation of paragraph (a) may bring a civil action
439	against the person who violated paragraph (a) seeking injunctive
440	relief, damages, reasonable attorney's fees and costs, and any
441	other remedy available at law or in equity as may be necessary
442	to enforce this subsection. In any action to enforce this
443	subsection, establishment of a violation of paragraph (a) shall
444	conclusively establish a clear legal right to injunctive relief,
445	that irreparable harm will be caused if an injunction does not
446	issue, that no adequate remedy at law exists, and that public
447	policy favors issuance of injunctive relief.
448	(14)  As used in this chapter, the term:
449	(a)  "Immobilization," "immobilizing," or "immobilize"
450	means the act of installing a vehicle antitheft device on the
451	steering wheel of a vehicle, the act of placing a tire lock or
452	wheel clamp on a vehicle, or a governmental agency's act of
453	taking physical possession of the license tag and vehicle
454	registration rendering a vehicle legally inoperable to prevent
455	any person from operating the vehicle pursuant to an order of
456	impoundment or immobilization under subsection (6).
457	(b)  "Immobilization agency" or "immobilization agencies"
458	means any person, firm, company, agency, organization,
459	partnership, corporation, association, trust, or other business
460	entity of any kind whatsoever that meets all of the conditions
461	of subsection (13).
462	(c)  "Impoundment," "impounding," or "impound" means the
463	act of storing a vehicle at a storage facility pursuant to an
464	order of impoundment or immobilization under subsection (6)
465	where the person impounding the vehicle exercises control,
466	supervision, and responsibility over the vehicle.
467	(d)  "Person" means any individual, firm, company, agency,
468	organization, partnership, corporation, association, trust, or
469	other business entity of any kind whatsoever.
470	Section 6.  Subsections (5) and (20) of section 316.2065,
471	Florida Statutes, are amended to read:
472	316.2065  Bicycle regulations.-
473	(5)(a)  Any person operating a bicycle upon a roadway at
474	less than the normal speed of traffic at the time and place and
475	under the conditions then existing shall ride in the lane marked
476	for bicycle use or, if no lane is marked for bicycle use, as
477	close as practicable to the right-hand curb or edge of the
478	roadway except under any of the following situations:
479	1.  When overtaking and passing another bicycle or vehicle
480	proceeding in the same direction.
481	2.  When preparing for a left turn at an intersection or
482	into a private road or driveway.
483	3.  When reasonably necessary to avoid any condition,
484	including, but not limited to, a fixed or moving object, parked
485	or moving vehicle, bicycle, pedestrian, animal, surface hazard,
486	or substandard-width lane, that makes it unsafe to continue
487	along the right-hand curb or edge. For the purposes of this
488	subsection, a "substandard-width lane" is a lane that is too
489	narrow for a bicycle and another vehicle to travel safely side
490	by side within the lane.
491	(b)  Any person operating a bicycle upon a one-way highway
492	with two or more marked traffic lanes may ride as near the left-
493	hand curb or edge of such roadway as practicable.
494	(20)  Except as otherwise provided in this section, a
495	violation of this section is a noncriminal traffic infraction,
496	punishable as a pedestrian violation as provided in chapter 318.
497	A law enforcement officer may issue traffic citations for a
498	violation of subsection (3) or subsection (16) only if the
499	violation occurs on a bicycle path or road, as defined in s.
500	334.03. However, a law enforcement officer they may not issue
501	citations to persons on private property, except any part
502	thereof which is open to the use of the public for purposes of
503	vehicular traffic.
504	Section 7.  Subsection (3) of section 316.2085, Florida
505	Statutes, is amended to read:
506	316.2085  Riding on motorcycles or mopeds.-
507	(3)  The license tag of a motorcycle or moped must be
508	permanently affixed to the vehicle and may not be adjusted or
509	capable of being flipped up. No device for or method of
510	concealing or obscuring the legibility of the license tag of a
511	motorcycle shall be installed or used. The license tag of a
512	motorcycle or moped may be affixed horizontally to the ground so
513	that the numbers and letters read from left to right.
514	Alternatively, a license tag for a motorcycle or moped for which
515	the numbers and letters read from top to bottom may be affixed
516	perpendicularly to the ground, provided that the registered
517	owner of the motorcycle or moped maintains a prepaid toll
518	account in good standing and a transponder associated with the
519	prepaid toll account is affixed to the motorcycle or moped.
520	Section 8.  Paragraph (d) is added to subsection (2) of
521	section 316.2952, Florida Statutes, to read:
522	316.2952  Windshields; requirements; restrictions.-
523	(2)  A person shall not operate any motor vehicle on any
524	public highway, road, or street with any sign, sunscreening
525	material, product, or covering attached to, or located in or
526	upon, the windshield, except the following:
527	(d)  A global positioning system device or similar
528	satellite receiver device which uses the global positioning
529	system operated pursuant to 10 U.S.C. s. 2281 for the purpose of
530	obtaining navigation or routing information while the motor
531	vehicle is being operated.
532	Section 9.  Section 316.29545, Florida Statutes, is amended
533	to read:
534	316.29545  Window sunscreening exclusions; medical
535	exemption; certain law enforcement vehicles and private
536	investigative service vehicles exempt.-
537	(1)  The department shall issue medical exemption
538	certificates to persons who are afflicted with Lupus, any
539	autoimmune disease, or other similar medical conditions which
540	require a limited exposure to light, which certificates shall
541	entitle the person to whom the certificate is issued to have
542	sunscreening material on the windshield, side windows, and
543	windows behind the driver which is in violation of the
544	requirements of ss. 316.2951-316.2957. The department shall
545	consult with the Medical Advisory Board established in s.
546	322.125 for guidance with respect to the autoimmune diseases and
547	other medical conditions which shall be included on provide, by
548	rule, for the form of the medical certificate authorized by this
549	section. At a minimum, the medical exemption certificate shall
550	include a vehicle description with the make, model, year,
551	vehicle identification number, medical exemption decal number
552	issued for the vehicle, and the name of the person or persons
553	who are the registered owners of the vehicle. A medical
554	exemption certificate shall be nontransferable and shall become
555	null and void upon the sale or transfer of the vehicle
556	identified on the certificate.
557	(2)  The department shall exempt all law enforcement
558	vehicles used in undercover or canine operations from the window
559	sunscreening requirements of ss. 316.2951-316.2957.
560	(3)  The department shall exempt from the window
561	sunscreening restrictions of ss. 316.2953, 316.2954, and
562	316.2956 vehicles that are owned or leased by private
563	investigators or private investigative agencies licensed under
564	chapter 493.
565	(4)(3)  The department may charge a fee in an amount
566	sufficient to defray the expenses of issuing a medical exemption
567	certificate as described in subsection (1).
568	(5)  The department is authorized to promulgate rules for
569	the implementation of this section.
570	Section 10.  Subsection (1) of section 316.605, Florida
571	Statutes, is amended to read:
572	316.605  Licensing of Vehicles.-
573	(1)  Every vehicle, at all times while driven, stopped, or
574	parked upon any highways, roads, or streets of this state, shall
575	be licensed in the name of the owner thereof in accordance with
576	the laws of this state unless such vehicle is not required by
577	the laws of this state to be licensed in this state and shall,
578	except as otherwise provided in s. 320.0706 for front-end
579	registration license plates on truck tractors and s. 320.086(5)
580	which exempts display of license plates on described former
581	military vehicles, display the license plate or both of the
582	license plates assigned to it by the state, one on the rear and,
583	if two, the other on the front of the vehicle, each to be
584	securely fastened to the vehicle outside the main body of the
585	vehicle not higher than 60 inches and not lower than 12 inches
586	from the ground and no more than 24 inches to the left or right
587	of the centerline of the vehicle, and in such manner as to
588	prevent the plates from swinging, and all letters, numerals,
589	printing, writing, and other identification marks upon the
590	plates regarding the word "Florida," the registration decal, and
591	the alphanumeric designation shall be clear and distinct and
592	free from defacement, mutilation, grease, and other obscuring
593	matter, so that they will be plainly visible and legible at all
594	times 100 feet from the rear or front. Except as provided in s.
595	316.2085(3), vehicle license plates shall be affixed and
596	displayed in such a manner that the letters and numerals shall
597	be read from left to right parallel to the ground. No vehicle
598	license plate may be displayed in an inverted or reversed
599	position or in such a manner that the letters and numbers and
600	their proper sequence are not readily identifiable. Nothing
601	shall be placed upon the face of a Florida plate except as
602	permitted by law or by rule or regulation of a governmental
603	agency. No license plates other than those furnished by the
604	state shall be used. However, if the vehicle is not required to
605	be licensed in this state, the license plates on such vehicle
606	issued by another state, by a territory, possession, or district
607	of the United States, or by a foreign country, substantially
608	complying with the provisions hereof, shall be considered as
609	complying with this chapter. A violation of this subsection is a
610	noncriminal traffic infraction, punishable as a nonmoving
611	violation as provided in chapter 318.
612	Section 11.  Subsection (3) of section 316.646, Florida
613	Statutes, is amended to read:
614	316.646  Security required; proof of security and display
615	thereof; dismissal of cases.-
616	(3)  Any person who violates this section commits a
617	nonmoving traffic infraction subject to the penalty provided in
618	chapter 318 and shall be required to furnish proof of security
619	as provided in this section. If any person charged with a
620	violation of this section fails to furnish proof, at or before
621	the scheduled court appearance date, that security was in effect
622	at the time of the violation, the court shall, upon conviction,
623	notify the department to may immediately suspend the
624	registration and driver's license of such person. If the court
625	fails to order the suspension of the person's registration and
626	driver's license for a conviction of this section at the time of
627	sentencing, the department shall, upon receiving notice of the
628	conviction from the court, suspend the person's registration and
629	driver's license for the violation of this section. Such license
630	and registration may be reinstated only as provided in s.
631	324.0221.
632	Section 12.  Subsections (1), (2), (3), and (10) of section
633	318.14, Florida Statutes, are amended to read:
634	318.14  Noncriminal traffic infractions; exception;
635	procedures.-
636	(1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
637	person cited for a violation of chapter 316, s. 320.0605, s.
638	320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
639	(3), s. 322.1615 s. 322.161(5), s. 322.19, or s. 1006.66(3) is
640	charged with a noncriminal infraction and must be cited for such
641	an infraction and cited to appear before an official. If another
642	person dies as a result of the noncriminal infraction, the
643	person cited may be required to perform 120 community service
644	hours under s. 316.027(4), in addition to any other penalties.
645	(2)  Except as provided in s. 316.1001(2), any person cited
646	for a violation requiring a mandatory hearing listed in s.
647	318.19 or any other criminal traffic violation listed in chapter
648	316 an infraction under this section must sign and accept a
649	citation indicating a promise to appear. The officer may
650	indicate on the traffic citation the time and location of the
651	scheduled hearing and must indicate the applicable civil penalty
652	established in s. 318.18. For all other infractions under this
653	section, except for infractions under s. 316.1001, the officer
654	must certify by electronic, electronic facsimile, or written
655	signature that the citation was delivered to the person cited.
656	This certification is prima facie evidence that the person cited
657	was served with the citation.
658	(3)  Any person who willfully refuses to accept and sign a
659	summons as provided in subsection (2) commits is guilty of a
660	misdemeanor of the second degree.
661	(10)(a)  Any person who does not hold a commercial driver's
662	license and who is cited for an offense listed under this
663	subsection may, in lieu of payment of fine or court appearance,
664	elect to enter a plea of nolo contendere and provide proof of
665	compliance to the clerk of the court, designated official, or
666	authorized operator of a traffic violations bureau. In such
667	case, adjudication shall be withheld; however, no election shall
668	be made under this subsection if such person has made an
669	election under this subsection in the 12 months preceding
670	election hereunder. No person may make more than three elections
671	under this subsection. This subsection applies to the following
672	offenses:
673	1.  Operating a motor vehicle without a valid driver's
674	license in violation of the provisions of s. 322.03, s. 322.065,
675	or s. 322.15(1), or operating a motor vehicle with a license
676	that which has been suspended for failure to appear, failure to
677	pay civil penalty, or failure to attend a driver improvement
678	course pursuant to s. 322.291.
679	2.  Operating a motor vehicle without a valid registration
680	in violation of s. 320.0605, s. 320.07, or s. 320.131.
681	3.  Operating a motor vehicle in violation of s. 316.646.
682	4.  Operating a motor vehicle with a license that has been
683	suspended under s. 61.13016 or s. 322.245 for failure to pay
684	child support or for failure to pay any other financial
685	obligation as provided in s. 322.245; however, this subparagraph
686	does not apply if the license has been suspended pursuant to s.
687	322.245(1).
688	5.  Operating a motor vehicle with a license that has been
689	suspended under s. 322.091 for failure to meet school attendance
690	requirements.
691	(b)  Any person cited for an offense listed in this
692	subsection shall present proof of compliance prior to the
693	scheduled court appearance date. For the purposes of this
694	subsection, proof of compliance shall consist of a valid,
695	renewed, or reinstated driver's license or registration
696	certificate and proper proof of maintenance of security as
697	required by s. 316.646. Notwithstanding waiver of fine, any
698	person establishing proof of compliance shall be assessed court
699	costs of $25, except that a person charged with violation of s.
700	316.646(1)-(3) may be assessed court costs of $8. One dollar of
701	such costs shall be remitted to the Department of Revenue for
702	deposit into the Child Welfare Training Trust Fund of the
703	Department of Children and Family Services. One dollar of such
704	costs shall be distributed to the Department of Juvenile Justice
705	for deposit into the Juvenile Justice Training Trust Fund.
706	Fourteen dollars of such costs shall be distributed to the
707	municipality and $9 shall be deposited by the clerk of the court
708	into the fine and forfeiture fund established pursuant to s.
709	142.01, if the offense was committed within the municipality. If
710	the offense was committed in an unincorporated area of a county
711	or if the citation was for a violation of s. 316.646(1)-(3), the
712	entire amount shall be deposited by the clerk of the court into
713	the fine and forfeiture fund established pursuant to s. 142.01,
714	except for the moneys to be deposited into the Child Welfare
715	Training Trust Fund and the Juvenile Justice Training Trust
716	Fund. This subsection shall not be construed to authorize the
717	operation of a vehicle without a valid driver's license, without
718	a valid vehicle tag and registration, or without the maintenance
719	of required security.
720	Section 13.  Paragraph (c) of subsection (3) of section
721	318.18, Florida Statutes, is amended to read:
722	318.18  Amount of penalties.-The penalties required for a
723	noncriminal disposition pursuant to s. 318.14 or a criminal
724	offense listed in s. 318.17 are as follows:
725	(3)(a)  Except as otherwise provided in this section, $60
726	for all moving violations not requiring a mandatory appearance.
727	(b)  For moving violations involving unlawful speed, the
728	fines are as follows:
729	For speed exceeding the limit by:     Fine:
730	1-5 m.p.h     Warning
731	6-9 m.p.h     $25
732	10-14 m.p.h     $100
733	15-19 m.p.h     $150
734	20-29 m.p.h     $175
735	30 m.p.h. and above     $250
736	(c)  Notwithstanding paragraph (b), a person cited for
737	exceeding the speed limit by up to 5 m.p.h. in a legally posted
738	school zone will be fined $50. A person exceeding the speed
739	limit in a school zone or designated school crossing shall pay a
740	fine double the amount listed in paragraph (b).
741	Section 14.  Effective July 1, 2010, paragraph (b) of
742	subsection (2) of section 319.28, Florida Statutes, is amended
743	to read:
744	319.28  Transfer of ownership by operation of law.-
745	(2)
746	(b)  In case of repossession of a motor vehicle or mobile
747	home pursuant to the terms of a security agreement or similar
748	instrument, an affidavit by the party to whom possession has
749	passed stating that the vehicle or mobile home was repossessed
750	upon default in the terms of the security agreement or other
751	instrument shall be considered satisfactory proof of ownership
752	and right of possession. At least 5 days prior to selling the
753	repossessed vehicle, any subsequent lienholder named in the last
754	issued certificate of title shall be sent notice of the
755	repossession by certified mail, on a form prescribed by the
756	department. If such notice is given and no written protest to
757	the department is presented by a subsequent lienholder within 15
758	days from the date on which the notice was mailed, the
759	certificate of title or the certificate of repossession shall be
760	issued showing no liens. If the former owner or any subsequent
761	lienholder files a written protest under oath within such 15-day
762	period, the department shall not issue the certificate of title
763	or certificate of repossession for 10 days thereafter. If within
764	the 10-day period no injunction or other order of a court of
765	competent jurisdiction has been served on the department
766	commanding it not to deliver the certificate of title or
767	certificate of repossession, the department shall deliver the
768	certificate of title or repossession to the applicant or as may
769	otherwise be directed in the application showing no other liens
770	than those shown in the application. Any lienholder who has
771	repossessed a vehicle in this state in compliance with the
772	provisions of this section must may apply to a the tax
773	collector's office in this state or to the department for a
774	certificate of repossession or to the department for a
775	certificate of title pursuant to s. 319.323. Proof of the
776	required notice to subsequent lienholders shall be submitted
777	together with regular title fees. A lienholder to whom a
778	certificate of repossession has been issued may assign the
779	certificate of title to the subsequent owner. Any person found
780	guilty of violating any requirements of this paragraph shall be
781	guilty of a felony of the third degree, punishable as provided
782	in s. 775.082, s. 775.083, or s. 775.084.
783	Section 15.  Paragraphs (g) through (u) of subsection (1)
784	of section 319.30, Florida Statutes, are redesignated as
785	paragraphs (h) through (v), respectively, a new paragraph (g) is
786	added to that subsection, subsection (9) of that section is
787	renumbered as subsection (10), and a new subsection (9) is added
788	to that section, to read:
789	319.30  Definitions; dismantling, destruction, change of
790	identity of motor vehicle or mobile home; salvage.-
791	(1)  As used in this section, the term:
792	(g)  "Independent entity" means a business or entity that
793	may temporarily store damaged or dismantled motor vehicles
794	pursuant to an agreement with an insurance company and is
795	engaged in the sale or resale of damaged or dismantled motor
796	vehicles. The term does not include a wrecker operator, towing
797	company, or a repair facility.
798	(9)(a)  An insurance company may notify an independent
799	entity that obtains possession of a damaged or dismantled motor
800	vehicle to release the vehicle to the owner. The insurance
801	company shall provide the independent entity a release statement
802	on a form prescribed by the department authorizing the
803	independent entity to release the vehicle to the owner. The form
804	shall, at a minimum, contain the following:
805	1.  The policy and claim number.
806	2.  The name and address of the insured.
807	3.  The vehicle identification number.
808	4.  The signature of an authorized representative of the
809	insurance company.
810	(b)  The independent entity in possession of a motor
811	vehicle must send a notice to the owner that the vehicle is
812	available for pick up when it receives a release statement from
813	the insurance company. The notice shall be sent by certified
814	mail to the owner at the owner's address reflected in the
815	department's records. The notice must inform the owner that the
816	owner has 30 days after receipt of the notice to pick up the
817	vehicle from the independent entity. If the motor vehicle is not
818	claimed within 30 days after the owner receives the notice, the
819	independent entity may apply for a certificate of destruction or
820	a certificate of title.
821	(c)  Upon applying for a certificate of destruction or
822	certificate of title, the independent entity shall provide a
823	copy of the release statement from the insurance company to the
824	independent entity, proof of providing the 30-day notice to the
825	owner, and applicable fees.
826	(d)  The independent entity may not charge an owner of the
827	vehicle storage fees or apply for a title under s. 713.585 or s.
828	713.78.
829	Section 16.  Paragraph (i) is added to subsection (15) of
830	section 320.02, Florida Statutes, to read:
831	320.02  Registration required; application for
832	registration; forms.-
833	(15)
834	(i)  Notwithstanding s. 320.023, the application forms for
835	motor vehicle registration and renewal of registration must
836	include language permitting a voluntary contribution of $1 per
837	applicant, which shall be distributed to the League Against
838	Cancer/La Liga Contra el Cancer. Such contributions shall be
839	distributed by the department to the League Against Cancer/La
840	Liga Contra el Cancer, a not-for-profit organization that
841	provides free medical care to needy cancer patients. The
842	department shall retain all contributions necessary, up to a
843	maximum of $10,000, to defray the cost of including the
844	voluntary contribution language on the registration forms.
845
846	For the purpose of applying the service charge provided in s.
847	215.20, contributions received under this subsection are not
848	income of a revenue nature.
849	Section 17.  Effective July 1, 2010, subsection (10) of
850	section 320.03, Florida Statutes, is amended to read:
851	320.03  Registration; duties of tax collectors;
852	International Registration Plan.-
853	(10)(a)  Jurisdiction over the outsourced electronic filing
854	system for use by authorized electronic filing system agents to
855	electronically title or register motor vehicles, vessels, mobile
856	homes, or off-highway vehicles; issue or transfer registration
857	license plates or decals; electronically transfer fees due for
858	the title and registration process; and perform inquiries for
859	title, registration, and lienholder verification and
860	certification of service providers licensed motor vehicle
861	dealers electronically to title and to register motor vehicles
862	and to issue or to transfer registration license plates or
863	decals is expressly preempted to the state and the department
864	shall have regulatory authority over the system. The department
865	shall continue its current outsourcing of the existing
866	electronic filing system, including its program standards. The
867	electronic filing system shall be available for use statewide
868	and applied uniformly throughout the state is approved for use
869	in all counties, shall apply uniformly to all tax
870	the state, and no tax collector may add or detract
871	program standards in his or her respective county. An
872	that, in the normal course of its business, sells products that
873	must be titled or registered, provides title and registration
874	services on behalf of its consumers and meets all established
875	requirements may be an authorized electronic filing system agent
876	and shall not be precluded from participating in the electronic
877	filing system in any county. Upon request from a qualified
878	entity, the tax collector shall appoint the entity as an
879	authorized electronic filing system agent for that county. The
880	department shall adopt rules in accordance with chapter 120 to
881	replace the December 10, 2009, program standards and to
882	administer the provisions of this section, including, but not
883	limited to, establishing participation requirements,
884	certification of service providers, electronic filing system
885	requirements, and enforcement authority for noncompliance. The
886	December 10, 2009, program standards, excluding any standards
887	which conflict with this paragraph, shall remain in effect until
888	the rules are adopted. An authorized electronic filing agent A
889	motor vehicle dealer licensed under this chapter may charge a
890	fee to the customer for use of the electronic filing system, and
891	such fee is not a component of the program standards. Final
892	authority over disputes relating to program standards lies with
893	the department. By January 1, 2010, the Office of Program Policy
894	Analysis and Government Accountability, with input from the
895	department and from affected parties, including tax collectors,
896	service providers, and motor vehicle dealers, shall report to
897	the President of the Senate and the Speaker of the House of
898	Representatives on the status of the outsourced electronic
899	filing system, including the program standards, and its
900	compliance with this subsection. The report shall identify all
901	public and private alternatives for continued operation of the
902	electronic filing system and shall include any and all
903	appropriate recommendations, including revisions to the program
904	standards.
905	(b)  Notwithstanding paragraph (a), the private entity
906	providers of the electronic filing system shall continue to
907	comply with the financial arrangements with the Tax Collector
908	Service Corporation which were in effect as of January 1, 2010,
909	through December 31, 2010. This paragraph expires January 1,
910	2011.
911	Section 18.  Effective January 1, 2011, subsection (3) of
912	section 320.05, Florida Statutes, is amended to read:
913	320.05  Records of the department; inspection procedure;
914	lists and searches; fees.-
915	(3)(a)  The department is authorized, upon application of
916	any person and payment of the proper fees, to prepare and
917	furnish lists containing motor vehicle or vessel information in
918	such form as the department may authorize, to search the records
919	of the department and make reports thereof, and to make
920	photographic copies of the department records and attestations
921	thereof.
922	(b)  Fees therefor shall be charged and collected as
923	follows:
924	1.  For providing lists of motor vehicle or vessel records
925	for the entire state, or any part or parts thereof, divided
926	according to counties, a sum computed at a rate of not less than
927	1 cent nor more than 5 cents per item.
928	2.  For providing noncertified photographic copies of motor
929	vehicle or vessel documents, $1 per page.
930	3.  For providing noncertified photographic copies of
931	micrographic records, $1 per page.
932	4.  For providing certified copies of motor vehicle or
933	vessel records, $3 per record.
934	5.  For providing noncertified computer-generated printouts
935	of motor vehicle or vessel records, 50 cents per record.
936	6.  For providing certified computer-generated printouts of
937	motor vehicle or vessel records, $3 per record.
938	7.  For providing electronic access to motor vehicle,
939	vessel, and mobile home registration data requested by tag,
940	vehicle identification number, title number, or decal number, 50
941	cents per item.
942	8.  For providing electronic access to driver's license
943	status report by name, sex, and date of birth or by driver
944	license number, 50 cents per item.
945	9.  For providing lists of licensed mobile home dealers and
946	manufacturers and recreational vehicle dealers and
947	manufacturers, $15 per list.
948	10.  For providing lists of licensed motor vehicle dealers,
949	$25 per list.
950	11.  For each copy of a videotape record, $15 per tape.
951	12.  For each copy of the Division of Motor Vehicles
952	Procedures Manual, $25.
953	(c)  Fees collected pursuant to paragraph (b) shall be
954	deposited into the Highway Safety Operating Trust Fund.
955	(d)  The department shall furnish such information without
956	charge to any court or governmental entity.
957	(e)  When motor vehicle, vessel, or mobile home
958	registration data is provided by electronic access through a tax
959	collector's office, the applicable fee as provided in paragraph
960	(b) must be collected and deposited pursuant to paragraph (c).
961	However, when such registration data is obtained through an
962	electronic system described in s. 320.03(10), s. 320.0609, or s.
963	320.131 and results in the issuance of a title certificate or
964	the registration credential, such fee shall not apply a fee for
965	the electronic access is not required to be assessed. However,
966	at the tax collector's discretion, a fee equal to or less than
967	the fee charged by the department for such information may be
968	assessed by the tax collector for the electronic access.
969	Notwithstanding paragraph (c), any funds collected by the tax
970	collector as a result of providing such access shall be retained
971	by the tax collector.
972	Section 19.  Paragraph (b) of subsection (1) of section
973	320.071, Florida Statutes, is amended to read:
974	320.071  Advance registration renewal; procedures.-
975	(1)
976	(b)  The owner of any apportioned motor vehicle currently
977	registered in this state may file an application for renewal of
978	registration with the department any time during the 3 5 months
979	preceding the date of expiration of the registration period.
980	Section 20.  Section 320.08, Florida Statutes, is amended
981	to read:
982	320.08  License taxes.-Except as otherwise provided herein,
983	there are hereby levied and imposed annual license taxes for the
984	operation of motor vehicles, mopeds, motorized bicycles as
985	defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
986	and mobile homes, as defined in s. 320.01, which shall be paid
987	to and collected by the department or its agent upon the
988	registration or renewal of registration of the following:
989	(1)  MOTORCYCLES AND MOPEDS.-
990	(a)  Any motorcycle: $13.50 flat, of which $3.50 shall be
991	deposited into the General Revenue Fund.
992	(b)  Any moped: $6.75 flat, of which $1.75 shall be
993	deposited into the General Revenue Fund.
994	(c)  Upon registration of any motorcycle, motor-driven
995	cycle, or moped there shall be paid in addition to the license
996	taxes specified in this subsection a nonrefundable motorcycle
997	safety education fee in the amount of $2.50. The proceeds of
998	such additional fee shall be deposited in the Highway Safety
999	Operating Trust Fund to fund a motorcycle driver improvement
1000	program implemented pursuant to s. 322.025, the Florida
1001	Motorcycle Safety Education Program established in s. 322.0255,
1002	or the general operations of the department.
1003	(d)  An ancient or antique motorcycle: $8.50 $13.50 flat,
1004	of which $3.50 shall be deposited into the General Revenue Fund.
1005	(2)  AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.-
1006	(a)  An ancient or antique automobile, as defined in s.
1007	320.086, or a street rod, as defined in s. 320.0863: $10.25
1008	flat, of which $2.75 shall be deposited into the General Revenue
1009	Fund.
1010	(b)  Net weight of less than 2,500 pounds: $19.50 flat, of
1011	which $5 shall be deposited into the General Revenue Fund.
1012	(c)  Net weight of 2,500 pounds or more, but less than
1013	3,500 pounds: $30.50 flat, of which $8 shall be deposited into
1014	the General Revenue Fund.
1015	(d)  Net weight of 3,500 pounds or more: $44 flat, of which
1016	$11.50 shall be deposited into the General Revenue Fund.
1017	(3)  TRUCKS.-
1018	(a)  Net weight of less than 2,000 pounds: $19.50 flat, of
1019	which $5 shall be deposited into the General Revenue Fund.
1020	(b)  Net weight of 2,000 pounds or more, but not more than
1021	3,000 pounds: $30.50 flat, of which $8 shall be deposited into
1022	the General Revenue Fund.
1023	(c)  Net weight more than 3,000 pounds, but not more than
1024	5,000 pounds: $44 flat, of which $11.50 shall be deposited into
1025	the General Revenue Fund.
1026	(d)  A truck defined as a "goat," or any other vehicle if
1027	used in the field by a farmer or in the woods for the purpose of
1028	harvesting a crop, including naval stores, during such
1029	harvesting operations, and which is not principally operated
1030	upon the roads of the state: $10.25 flat, of which $2.75 shall
1031	be deposited into the General Revenue Fund. A "goat" is a motor
1032	vehicle designed, constructed, and used principally for the
1033	transportation of citrus fruit within citrus groves or for the
1034	transportation of crops on farms, and which can also be used for
1035	the hauling of associated equipment or supplies, including
1036	required sanitary equipment, and the towing of farm trailers.
1037	(e)  An ancient or antique truck, as defined in s. 320.086:
1038	$10.25 flat, of which $2.75 shall be deposited into the General
1039	Revenue Fund.
1040	(4)  HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
1041	VEHICLE WEIGHT.-
1042	(a)  Gross vehicle weight of 5,001 pounds or more, but less
1043	than 6,000 pounds: $60.75 flat, of which $15.75 shall be
1044	deposited into the General Revenue Fund.
1045	(b)  Gross vehicle weight of 6,000 pounds or more, but less
1046	than 8,000 pounds: $87.75 flat, of which $22.75 shall be
1047	deposited into the General Revenue Fund.
1048	(c)  Gross vehicle weight of 8,000 pounds or more, but less
1049	than 10,000 pounds: $103 flat, of which $27 shall be deposited
1050	into the General Revenue Fund.
1051	(d)  Gross vehicle weight of 10,000 pounds or more, but
1052	less than 15,000 pounds: $118 flat, of which $31 shall be
1053	deposited into the General Revenue Fund.
1054	(e)  Gross vehicle weight of 15,000 pounds or more, but
1055	less than 20,000 pounds: $177 flat, of which $46 shall be
1056	deposited into the General Revenue Fund.
1057	(f)  Gross vehicle weight of 20,000 pounds or more, but
1058	less than 26,001 pounds: $251 flat, of which $65 shall be
1059	deposited into the General Revenue Fund.
1060	(g)  Gross vehicle weight of 26,001 pounds or more, but
1061	less than 35,000: $324 flat, of which $84 shall be deposited
1062	into the General Revenue Fund.
1063	(h)  Gross vehicle weight of 35,000 pounds or more, but
1064	less than 44,000 pounds: $405 flat, of which $105 shall be
1065	deposited into the General Revenue Fund.
1066	(i)  Gross vehicle weight of 44,000 pounds or more, but
1067	less than 55,000 pounds: $773 flat, of which $201 shall be
1068	deposited into the General Revenue Fund.
1069	(j)  Gross vehicle weight of 55,000 pounds or more, but
1070	less than 62,000 pounds: $916 flat, of which $238 shall be
1071	deposited into the General Revenue Fund.
1072	(k)  Gross vehicle weight of 62,000 pounds or more, but
1073	less than 72,000 pounds: $1,080 flat, of which $280 shall be
1074	deposited into the General Revenue Fund.
1075	(l)  Gross vehicle weight of 72,000 pounds or more: $1,322
1076	flat, of which $343 shall be deposited into the General Revenue
1077	Fund.
1078	(m)  Notwithstanding the declared gross vehicle weight, a
1079	truck tractor used within a 150-mile radius of its home address
1080	is eligible for a license plate for a fee of $324 flat if:
1081	1.  The truck tractor is used exclusively for hauling
1082	forestry products; or
1083	2.  The truck tractor is used primarily for the hauling of
1084	forestry products, and is also used for the hauling of
1085	associated forestry harvesting equipment used by the owner of
1086	the truck tractor.
1087
1088	Of the fee imposed by this paragraph, $84 shall be deposited
1089	into the General Revenue Fund.
1090	(n)  A truck tractor or heavy truck, not operated as a for-
1091	hire vehicle, which is engaged exclusively in transporting raw,
1092	unprocessed, and nonmanufactured agricultural or horticultural
1093	products within a 150-mile radius of its home address, is
1094	eligible for a restricted license plate for a fee of:
1095	1.  If such vehicle's declared gross vehicle weight is less
1096	than 44,000 pounds, $87.75 flat, of which $22.75 shall be
1097	deposited into the General Revenue Fund.
1098	2.  If such vehicle's declared gross vehicle weight is
1099	44,000 pounds or more and such vehicle only transports from the
1100	point of production to the point of primary manufacture; to the
1101	point of assembling the same; or to a shipping point of a rail,
1102	water, or motor transportation company, $324 flat, of which $84
1103	shall be deposited into the General Revenue Fund.
1104
1105	Such not-for-hire truck tractors and heavy trucks used
1106	exclusively in transporting raw, unprocessed, and
1107	nonmanufactured agricultural or horticultural products may be
1108	incidentally used to haul farm implements and fertilizers
1109	delivered direct to the growers. The department may require any
1110	documentation deemed necessary to determine eligibility prior to
1111	issuance of this license plate. For the purpose of this
1112	paragraph, "not-for-hire" means the owner of the motor vehicle
1113	must also be the owner of the raw, unprocessed, and
1114	nonmanufactured agricultural or horticultural product, or the
1115	user of the farm implements and fertilizer being delivered.
1116	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1117	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1118	(a)1.  A semitrailer drawn by a GVW truck tractor by means
1119	of a fifth-wheel arrangement: $13.50 flat per registration year
1120	or any part thereof, of which $3.50 shall be deposited into the
1121	General Revenue Fund.
1122	2.  A semitrailer drawn by a GVW truck tractor by means of
1123	a fifth-wheel arrangement: $68 flat per permanent registration,
1124	of which $18 shall be deposited into the General Revenue Fund.
1125	(b)  A motor vehicle equipped with machinery and designed
1126	for the exclusive purpose of well drilling, excavation,
1127	construction, spraying, or similar activity, and which is not
1128	designed or used to transport loads other than the machinery
1129	described above over public roads: $44 flat, of which $11.50
1130	shall be deposited into the General Revenue Fund.
1131	(c)  A school bus used exclusively to transport pupils to
1132	and from school or school or church activities or functions
1133	within their own county: $41 flat, of which $11 shall be
1134	deposited into the General Revenue Fund.
1135	(d)  A wrecker, as defined in s. 320.01(40), which is used
1136	to tow a vessel as defined in s. 327.02(39), a disabled,
1137	abandoned, stolen-recovered, or impounded motor vehicle as
1138	defined in s. 320.01(38), or a replacement motor vehicle as
1139	defined in s. 320.01(39): $41 flat, of which $11 shall be
1140	deposited into the General Revenue Fund.
1141	(e)  A wrecker that is used to tow any motor vehicle,
1142	regardless of whether such motor vehicle is a disabled motor
1143	vehicle, a replacement motor vehicle, a vessel, or any other
1144	cargo, as follows:
1145	1.  Gross vehicle weight of 10,000 pounds or more, but less
1146	than 15,000 pounds: $118 flat, of which $31 shall be deposited
1147	into the General Revenue Fund.
1148	2.  Gross vehicle weight of 15,000 pounds or more, but less
1149	than 20,000 pounds: $177 flat, of which $46 shall be deposited
1150	into the General Revenue Fund.
1151	3.  Gross vehicle weight of 20,000 pounds or more, but less
1152	than 26,000 pounds: $251 flat, of which $65 shall be deposited
1153	into the General Revenue Fund.
1154	4.  Gross vehicle weight of 26,000 pounds or more, but less
1155	than 35,000 pounds: $324 flat, of which $84 shall be deposited
1156	into the General Revenue Fund.
1157	5.  Gross vehicle weight of 35,000 pounds or more, but less
1158	than 44,000 pounds: $405 flat, of which $105 shall be deposited
1159	into the General Revenue Fund.
1160	6.  Gross vehicle weight of 44,000 pounds or more, but less
1161	than 55,000 pounds: $772 flat, of which $200 shall be deposited
1162	into the General Revenue Fund.
1163	7.  Gross vehicle weight of 55,000 pounds or more, but less
1164	than 62,000 pounds: $915 flat, of which $237 shall be deposited
1165	into the General Revenue Fund.
1166	8.  Gross vehicle weight of 62,000 pounds or more, but less
1167	than 72,000 pounds: $1,080 flat, of which $280 shall be
1168	deposited into the General Revenue Fund.
1169	9.  Gross vehicle weight of 72,000 pounds or more: $1,322
1170	flat, of which $343 shall be deposited into the General Revenue
1171	Fund.
1172	(f)  A hearse or ambulance: $40.50 flat, of which $10.50
1173	shall be deposited into the General Revenue Fund.
1174	(6)  MOTOR VEHICLES FOR HIRE.-
1175	(a)  Under nine passengers: $17 flat, of which $4.50 shall
1176	be deposited into the General Revenue Fund; plus $1.50 per cwt,
1177	of which 50 cents shall be deposited into the General Revenue
1178	Fund.
1179	(b)  Nine passengers and over: $17 flat, of which $4.50
1180	shall be deposited into the General Revenue Fund; plus $2 per
1181	cwt, of which 50 cents shall be deposited into the General
1182	Revenue Fund.
1183	(7)  TRAILERS FOR PRIVATE USE.-
1184	(a)  Any trailer weighing 500 pounds or less: $6.75 flat
1185	per year or any part thereof, of which $1.75 shall be deposited
1186	into the General Revenue Fund.
1187	(b)  Net weight over 500 pounds: $3.50 flat, of which $1
1188	shall be deposited into the General Revenue Fund; plus $1 per
1189	cwt, of which 25 cents shall be deposited into the General
1190	Revenue Fund.
1191	(8)  TRAILERS FOR HIRE.-
1192	(a)  Net weight under 2,000 pounds: $3.50 flat, of which $1
1193	shall be deposited into the General Revenue Fund; plus $1.50 per
1194	cwt, of which 50 cents shall be deposited into the General
1195	Revenue Fund.
1196	(b)  Net weight 2,000 pounds or more: $13.50 flat, of which
1197	$3.50 shall be deposited into the General Revenue Fund; plus
1198	$1.50 per cwt, of which 50 cents shall be deposited into the
1199	General Revenue Fund.
1200	(9)  RECREATIONAL VEHICLE-TYPE UNITS.-
1201	(a)  A travel trailer or fifth-wheel trailer, as defined by
1202	s. 320.01(1)(b), that does not exceed 35 feet in length: $27
1203	flat, of which $7 shall be deposited into the General Revenue
1204	Fund.
1205	(b)  A camping trailer, as defined by s. 320.01(1)(b)2.:
1206	$13.50 flat, of which $3.50 shall be deposited into the General
1207	Revenue Fund.
1208	(c)  A motor home, as defined by s. 320.01(1)(b)4.:
1209	1.  Net weight of less than 4,500 pounds: $27 flat, of
1210	which $7 shall be deposited into the General Revenue Fund.
1211	2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1212	which $12.25 shall be deposited into the General Revenue Fund.
1213	(d)  A truck camper as defined by s. 320.01(1)(b)3.:
1214	1.  Net weight of less than 4,500 pounds: $27 flat, of
1215	which $7 shall be deposited into the General Revenue Fund.
1216	2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1217	which $12.25 shall be deposited into the General Revenue Fund.
1218	(e)  A private motor coach as defined by s. 320.01(1)(b)5.:
1219	1.  Net weight of less than 4,500 pounds: $27 flat, of
1220	which $7 shall be deposited into the General Revenue Fund.
1221	2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1222	which $12.25 shall be deposited into the General Revenue Fund.
1223	(10)  PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
1224	35 FEET TO 40 FEET.-
1225	(a)  Park trailers.-Any park trailer, as defined in s.
1226	320.01(1)(b)7.: $25 flat.
1227	(b)  A travel trailer or fifth-wheel trailer, as defined in
1228	s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
1229	(11)  MOBILE HOMES.-
1230	(a)  A mobile home not exceeding 35 feet in length: $20
1231	flat.
1232	(b)  A mobile home over 35 feet in length, but not
1233	exceeding 40 feet: $25 flat.
1234	(c)  A mobile home over 40 feet in length, but not
1235	exceeding 45 feet: $30 flat.
1236	(d)  A mobile home over 45 feet in length, but not
1237	exceeding 50 feet: $35 flat.
1238	(e)  A mobile home over 50 feet in length, but not
1239	exceeding 55 feet: $40 flat.
1240	(f)  A mobile home over 55 feet in length, but not
1241	exceeding 60 feet: $45 flat.
1242	(g)  A mobile home over 60 feet in length, but not
1243	exceeding 65 feet: $50 flat.
1244	(h)  A mobile home over 65 feet in length: $80 flat.
1245	(12)  DEALER AND MANUFACTURER LICENSE PLATES.-A franchised
1246	motor vehicle dealer, independent motor vehicle dealer, marine
1247	boat trailer dealer, or mobile home dealer and manufacturer
1248	license plate: $17 flat, of which $4.50 shall be deposited into
1249	the General Revenue Fund.
1250	(13)  EXEMPT OR OFFICIAL LICENSE PLATES.-Any exempt or
1251	official license plate: $4 flat, of which $1 shall be deposited
1252	into the General Revenue Fund.
1253	(14)  LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.-A motor
1254	vehicle for hire operated wholly within a city or within 25
1255	miles thereof: $17 flat, of which $4.50 shall be deposited into
1256	the General Revenue Fund; plus $2 per cwt, of which 50 cents
1257	shall be deposited into the General Revenue Fund.
1258	(15)  TRANSPORTER.-Any transporter license plate issued to
1259	a transporter pursuant to s. 320.133: $101.25 flat, of which
1260	$26.25 shall be deposited into the General Revenue Fund.
1261	Section 21.  Section 45 of chapter 2008-176, Laws of
1262	Florida, is amended to read:
1263	Section 45.  Except for a specialty license plate proposal
1264	which has submitted a letter of intent to the Department of
1265	Highway Safety and Motor Vehicles prior to May 2, 2008, and
1266	which has submitted a valid survey, marketing strategy, and
1267	application fee as required by s. 320.08053, Florida Statutes,
1268	prior to October 1, 2008 the effective date of this act, or
1269	which was included in a bill filed during the 2008 Legislative
1270	Session, the Department of Highway Safety and Motor Vehicles may
1271	not issue any new specialty license plates pursuant to ss.
1272	320.08056 and 320.08058, Florida Statutes, between July 1, 2008,
1273	and July 1, 2014 2011.
1274	Section 22.  Section 320.08053, Florida Statutes, is
1275	amended to read:
1276	320.08053  Requirements for requests to establish specialty
1277	license plates.-
1278	(1)  An organization that seeks authorization to establish
1279	a new specialty license plate for which an annual use fee is to
1280	be charged must submit to the department:
1281	(a)  A request for the particular specialty license plate
1282	being sought, describing the proposed specialty license plate in
1283	specific terms, including a sample plate that conforms to the
1284	specifications set by the department and this chapter, and that
1285	is in substantially final form.
1286	(b)  The results of a scientific sample survey of Florida
1287	motor vehicle owners that indicates at least 30,000 motor
1288	vehicle owners intend to purchase the proposed specialty license
1289	plate at the increased cost. As used in this paragraph, the term
1290	"scientific sample survey" means information that is gathered
1291	from a representative subset of the population as a whole. The
1292	sample survey of registered motor vehicle owners must be
1293	performed independently of the requesting organization by an
1294	organization that conducts similar sample surveys as a normal
1295	course of business. Prior to conducting a sample survey for the
1296	purposes of this section, a requesting organization must obtain
1297	a determination from the department that the organization
1298	selected to conduct the survey performs similar surveys as a
1299	normal course of business and is independent of the requesting
1300	organization. The methodology, results, and any evaluation by
1301	the department of the scientific sample survey shall be
1302	validated by the Auditor General as a condition precedent to
1303	submission of the specialty license plate for approval by the
1304	Legislature.
1305	(b)(c)  An application fee, not to exceed $60,000, to
1306	defray the department's cost for reviewing the application and
1307	developing the specialty license plate, if authorized. State
1308	funds may not be used to pay the application fee, except for
1309	collegiate specialty license plates authorized in s.
1310	320.08058(3) and (13). The specialty license plate application
1311	provisions of this act shall not apply to any organization which
1312	has requested and received the required forms for obtaining a
1313	specialty license plate authorization from the Department of
1314	Highway Safety and Motor Vehicles, has opened a bank account for
1315	the funds collected for the specialty license tag and has made
1316	deposits to such an account, and has obtained signatures toward
1317	completing the requirements for the specialty license tag. All
1318	applications requested on or after the effective date of this
1319	act must meet the requirements of this act.
1320	(c)(d)  A marketing strategy outlining short-term and long-
1321	term marketing plans for the requested specialty license plate
1322	and a financial analysis outlining the anticipated revenues and
1323	the planned expenditures of the revenues to be derived from the
1324	sale of the requested specialty license plates.
1325
1326	The information required under this subsection must be submitted
1327	to the department at least 90 days before the convening of the
1328	next regular session of the Legislature.
1329	(2)  If the specialty license plate requested by the
1330	organization is approved by law, the organization must submit
1331	the proposed art design for the specialty license plate to the
1332	department, in a medium prescribed by the department, as soon as
1333	practicable, but no later than 60 days after the act approving
1334	the specialty license plate becomes a law. If the specialty
1335	license plate requested by the organization is not approved by
1336	the Legislature or does not meet the presale requirements in
1337	subsection (3), the application fee shall be refunded to the
1338	requesting organization.
1339	(3)(a)  Within 120 days following the specialty license
1340	plate becoming law, the department shall establish a method to
1341	issue a specialty license plate voucher to allow for the presale
1342	of the specialty license plate. The processing fee as prescribed
1343	in s. 320.08056, the service charge and branch fee as prescribed
1344	in s. 320.04, and the annual use fee as prescribed in s.
1345	320.08056 shall be charged for the voucher. All other applicable
1346	fees shall be charged at the time of issuance of the license
1347	plates.
1348	(b)  Within 24 months after the presale specialty license
1349	plate voucher is established, the approved specialty license
1350	plate organization must record with the department a minimum of
1351	1,000 voucher sales before manufacture of the license plate may
1352	commence. If, at the conclusion of the 24-month presale period,
1353	the minimum sales requirements have not been met, the specialty
1354	plate is deauthorized and the department shall discontinue
1355	development of the plate and discontinue issuance of the presale
1356	vouchers. Upon deauthorization of the license plate, a purchaser
1357	of the license plate voucher may use the annual use fee
1358	collected as a credit towards any other specialty license plate
1359	or apply for a refund on a form prescribed by the department.
1360	(c)  An organization that meets the requirements of this
1361	subsection shall be deemed to have submitted a valid survey for
1362	purposes of s. 45 of chapter 2008-176, Laws of Florida, as
1363	amended.
1364	Section 23.  The amendments to s. 320.08053, Florida
1365	Statutes, made by this act do not apply to organizations that
1366	are exempt from the moratorium contained in section 45 of
1367	chapter 2008-176, Laws of Florida, and that have complied with
1368	the provisions of s. 320.08053, Florida Statutes (2009).
1369	Section 24.  Subsection (1) and paragraph (b) of subsection
1370	(8) of section 320.08056, Florida Statutes, are amended, and
1371	paragraphs (rrr), (sss), and (ttt) are added to subsection (4)
1372	of that section, to read:
1373	320.08056  Specialty license plates.-
1374	(1)  The department is responsible for developing the
1375	specialty license plates authorized in s. 320.08053. The
1376	department shall begin production and distribution of each new
1377	specialty license plate within 1 year after approval of the
1378	specialty license plate by the Legislature.
1379	(4)  The following license plate annual use fees shall be
1380	collected for the appropriate specialty license plates:
1381	(rrr)  Hispanic Achievers license plate, $25.
1382	(sss)  Children First license plate, $25.
1383	(ttt)  Veterans of Foreign Wars license plate, $25.
1384	(8)
1385	(b)  The department is authorized to discontinue the
1386	issuance of a specialty license plate and distribution of
1387	associated annual use fee proceeds if the organization no longer
1388	exists, if the organization has stopped providing services that
1389	are authorized to be funded from the annual use fee proceeds, if
1390	the organization does not meet the presale requirements as
1391	prescribed in s. 320.08053(3), or pursuant to an organizational
1392	recipient's request. Organizations shall are required to notify
1393	the department immediately to stop all warrants for plate sales
1394	if any of the conditions in this section exist, and must meet
1395	the requirements of s. 320.08062 for any period of operation
1396	during a fiscal year.
1397	Section 25.  Subsections (70), (71), and (72) are added to
1398	section 320.08058, Florida Statutes, to read:
1399	320.08058  Specialty license plates.-
1400	(70)  HISPANIC ACHIEVERS LICENSE PLATES.-
1401	(a)  Notwithstanding the requirements of s. 320.08053, the
1402	department shall develop a Hispanic Achievers license plate as
1403	provided in this section. The plate must bear the colors and
1404	design approved by the department. The word "Florida" must
1405	appear at the top of the plate, and the words "Hispanic
1406	Achievers" must appear at the bottom of the plate.
1407	(b)  The proceeds from the license plate annual use fee
1408	shall be distributed to National Hispanic Corporate Achievers,
1409	Inc., a nonprofit corporation under s. 501(c)(3) of the Internal
1410	Revenue Code, to fund grants to nonprofit organizations to
1411	operate programs and provide scholarships and for marketing the
1412	Hispanic Achievers license plate. National Hispanic Corporate
1413	Achievers, Inc., shall establish a Hispanic Achievers Grant
1414	Council that shall provide recommendations for statewide grants
1415	from available Hispanic Achievers license plate proceeds to
1416	nonprofit organizations for programs and scholarships for
1417	Hispanic and minority Floridians. National Hispanic Corporate
1418	Achievers, Inc., shall also establish a Hispanic Achievers
1419	License Plate Fund. Moneys in the fund shall be used by the
1420	grant council as provided in this paragraph. All funds received
1421	under this subsection must be used in this state.
1422	(c)  National Hispanic Corporate Achievers, Inc., may
1423	retain all proceeds from the annual use fee until documented
1424	startup costs for developing and establishing the plate have
1425	been recovered. Thereafter, the proceeds from the annual use fee
1426	shall be used as follows:
1427	1.  Up to 10 percent of the proceeds may be used for the
1428	cost of administration of the Hispanic Achievers License Plate
1429	Fund, the Hispanic Achievers Grant Council, and related matters.
1430	2.  Funds may be used as necessary for annual audit or
1431	compliance affidavit costs.
1432	3.  Twenty-five percent of the proceeds shall be used by
1433	the Hispanic Corporate Achievers, Inc., located in Seminole
1434	County, for grants.
1435	4.  The remaining proceeds shall be available to the
1436	Hispanic Achievers Grant Council to award grants for services,
1437	programs, or scholarships for Hispanic and minority individuals
1438	and organizations throughout Florida. All grant recipients must
1439	provide to the Hispanic Achievers Grant Council an annual
1440	program and financial report regarding the use of grant funds.
1441	Such reports must be available to the public.
1442	(71)  CHILDREN FIRST LICENSE PLATES.-
1443	(a)  Upon Children First Florida, Inc., meeting the
1444	requirements of s. 320.08053, the department shall develop a
1445	Children First license plate as provided in this section. The
1446	plate must bear the colors and design approved by the
1447	department. The word "Florida" must appear at the top of the
1448	plate, and the words "Children First" must appear at the bottom
1449	of the plate.
1450	(b)  The proceeds from the license plate annual use fee
1451	shall be distributed to Children First Florida, Inc., which
1452	shall retain all proceeds until the startup costs to develop and
1453	establish the plates have been recovered. Thereafter, the
1454	proceeds shall be used as follows:
1455	1.  A maximum of 10 percent of the proceeds may be used to
1456	administer the license plate program, for direct administrative
1457	costs associated with the operations of Children First Florida,
1458	Inc., and to promote and market the license plates.
1459	2.  The remaining fees shall be used by Children First
1460	Florida, Inc., to fund public schools in this state, including
1461	teacher salaries.
1462	(72)  VETERANS OF FOREIGN WARS LICENSE PLATES.-
1463	(a)  Upon Veterans of Foreign Wars, Department of Florida,
1464	meeting the requirements of s. 320.08053, the department shall
1465	develop a Veterans of Foreign Wars license plate as provided in
1466	this section. The plates must bear the colors and design
1467	approved by the department and must incorporate the Great Seal
1468	of the Veterans of Foreign Wars of the United States as
1469	described in Art. VIII, s. 801 of the Congressional Charter and
1470	By-Laws of the Veterans of Foreign Wars of the United States.
1471	The word "Florida" must appear at the top of the plate, and the
1472	words "Veterans of Foreign Wars" must appear at the bottom of
1473	the plate.
1474	(b)  The Veterans of Foreign Wars, Department of Florida
1475	shall retain all revenues from the sale of such plates until all
1476	startup costs for developing and issuing the plates have been
1477	recovered. Thereafter, 60 percent of the annual revenues shall
1478	be distributed to the Veterans of Foreign Wars, Department of
1479	Florida to support the Voice of Democracy and Patriots' Pen
1480	Scholarship programs, to support high school and college ROTC
1481	programs, and for administration and marketing the plate; 20
1482	percent of the annual revenues shall be distributed to the
1483	direct-support organization created under s. 292.055 under the
1484	Florida Department of Veterans' Affairs; and 20 percent of the
1485	annual revenues shall be distributed to the direct-support
1486	organization created under s. 250.115 under the Department of
1487	Military Affairs. From the funds distributed to the Veterans of
1488	Foreign Wars, Department of Florida, an amount not to exceed 10
1489	percent of the annual revenues received from the sale of the
1490	plate may be used for administration and marketing the plate.
1491	Section 26.  The Department of Highway Safety and Motor
1492	Vehicles may not establish any new voluntary contributions on
1493	the motor vehicle registration application form under s.
1494	320.023, Florida Statutes, or the driver's license application
1495	form under s. 322.081, Florida Statutes, between July 1, 2010,
1496	and July 1, 2013. However, the department may establish a
1497	voluntary contribution for an organization that has:
1498	(1)(a)  Submitted a request to establish a voluntary
1499	contribution on a motor vehicle registration application under
1500	s. 320.023, Florida Statutes, or a driver's license application
1501	under s. 322.081, Florida Statutes, to the department before May
1502	1, 2010; and
1503	(b)  Submitted a valid financial analysis, marketing
1504	strategy, and application fee before September 1, 2010; or
1505	(2)  Filed a bill during the 2010 Legislative Session to
1506	establish a voluntary contribution and have met the requirements
1507	of s. 320.023 or s. 322.081, Florida Statutes.
1508	Section 27.  Subsections (1) and (2) of section 320.0807,
1509	Florida Statutes, are amended to read:
1510	320.0807  Special license plates for Governor and federal
1511	and state legislators.-
1512	(1)  Upon application by any member of the House of
1513	Representatives of Congress and payment of the fees prescribed
1514	by s. 320.0805, the department is authorized to issue to such
1515	Member of Congress a license plate stamped "Member of Congress"
1516	followed by the number of the appropriate congressional district
1517	and the letters "MC," or any other configuration chosen by the
1518	member which is not already in use. Upon application by a United
1519	States Senator and payment of the fees prescribed by s.
1520	320.0805, the department is authorized to issue a license plate
1521	stamped "USS," followed by the numeral II in the case of the
1522	junior senator.
1523	(2)  Upon application by any member of the state House of
1524	Representatives and payment of the fees prescribed by s.
1525	320.0805, the department is authorized to issue such state
1526	representative license plates stamped in bold letters "State
1527	Legislator," followed by the number of the appropriate House of
1528	Representatives district and the letters "HR," or any other
1529	configuration chosen by the member which is not already in use
1530	on one plate; the numbers of the other plates will be assigned
1531	by the department. Upon application by a state senator and
1532	payment of the fees prescribed by s. 320.0805, the department is
1533	authorized to issue license plates stamped in bold letters
1534	"State Senator," followed by the number of the appropriate
1535	Senate district and the letters "SN," or any other configuration
1536	chosen by the member which is not already in use on one plate;
1537	the numbers of the other plates will be assigned by the
1538	department.
1539	Section 28.  Subsection (4) of section 320.084, Florida
1540	Statutes, is amended to read:
1541	320.084  Free motor vehicle license plate to certain
1542	disabled veterans.-
1543	(4)(a)  With the issuance of each new permanent "DV"
1544	numerical motor vehicle license plate, the department shall
1545	initially issue, without cost to the applicant, a validation
1546	sticker reflecting the owner's birth month and a serially
1547	numbered validation sticker reflecting the year of expiration.
1548	The initial sticker reflecting the year of expiration may not
1549	exceed 27 15 months.
1550	(b)  There shall be a service charge in accordance with the
1551	provisions of s. 320.04 for each initial application or renewal
1552	of registration and an additional sum of 50 cents on each
1553	license plate and validation sticker as provided in s.
1554	320.06(3)(b).
1555	(c)  Registration under this section shall be renewed
1556	annually or biennially during the applicable renewal period on
1557	forms prescribed by the department, which shall include, in
1558	addition to any other information required by the department, a
1559	certified statement as to the continued eligibility of the
1560	applicant to receive the special "DV" license plate. Any
1561	applicant who falsely or fraudulently submits to the department
1562	the certified statement required by this paragraph is guilty of
1563	a noncriminal violation and is subject to a civil penalty of
1564	$50.
1565	Section 29.  Section 321.03, Florida Statutes, is amended
1566	to read:
1567	321.03  Imitations prohibited; penalty.-Unless specifically
1568	authorized by the Florida Highway Patrol, a it shall be unlawful
1569	for any person or persons in the state shall not to
1570	cause to be colored any motor vehicle or motorcycle the same or
1571	similar color as the color or colors so prescribed for the
1572	Florida Highway Patrol. A Any person who violates violating any
1573	of the provisions of this section or s. 321.02 with respect to
1574	uniforms, emblems, motor vehicles and motorcycles commits shall
1575	be guilty of a misdemeanor of the first degree, punishable as
1576	provided in s. 775.082 or s. 775.083. The Department of Highway
1577	Safety and Motor Vehicles shall employ such clerical help and
1578	mechanics as may be necessary for the economical and efficient
1579	operation of such department.
1580	Section 30.  Section 321.05, Florida Statutes, is amended
1581	to read:
1582	321.05  Duties, functions, and powers of patrol officers.-
1583	The members of the Florida Highway Patrol are hereby declared to
1584	be conservators of the peace and law enforcement officers of the
1585	state, with the common-law right to arrest a person who, in the
1586	presence of the arresting officer, commits a felony or commits
1587	an affray or breach of the peace constituting a misdemeanor,
1588	with full power to bear arms; and they shall apprehend, without
1589	warrant, any person in the unlawful commission of any of the
1590	acts over which the members of the Florida Highway Patrol are
1591	given jurisdiction as hereinafter set out and deliver him or her
1592	to the sheriff of the county that further proceedings may be had
1593	against him or her according to law. In the performance of any
1594	of the powers, duties, and functions authorized by law, members
1595	of the Florida Highway Patrol shall have the same protections
1596	and immunities afforded other peace officers, which shall be
1597	recognized by all courts having jurisdiction over offenses
1598	against the laws of this state, and shall have authority to
1599	apply for, serve, and execute search warrants, arrest warrants,
1600	capias, and other process of the court in those matters in which
1601	patrol officers have primary responsibility as set forth in
1602	subsection (1). The patrol officers under the direction and
1603	supervision of the Department of Highway Safety and Motor
1604	Vehicles shall perform and exercise throughout the state the
1605	following duties, functions, and powers:
1606	(1)  To patrol the state highways and regulate, control,
1607	and direct the movement of traffic thereon; to maintain the
1608	public peace by preventing violence on highways; to apprehend
1609	fugitives from justice; to enforce all laws now in effect
1610	regulating and governing traffic, travel, and public safety upon
1611	the public highways and providing for the protection of the
1612	public highways and public property thereon; to make arrests
1613	without warrant for the violation of any state law committed in
1614	their presence in accordance with the laws of this state;
1615	providing that no search shall be made unless it is incident to
1616	a lawful arrest, to regulate and direct traffic concentrations
1617	and congestions; to enforce laws governing the operation,
1618	licensing, and taxing and limiting the size, weight, width,
1619	length, and speed of vehicles and licensing and controlling the
1620	operations of drivers and operators of vehicles; to cooperate
1621	with officials designated by law to collect all state fees and
1622	revenues levied as an incident to the use or right to use the
1623	highways for any purpose; to require the drivers of vehicles to
1624	stop and exhibit their driver's licenses, registration cards, or
1625	documents required by law to be carried by such vehicles; to
1626	investigate traffic accidents, secure testimony of witnesses and
1627	of persons involved, and make report thereof with copy, when
1628	requested in writing, to any person in interest or his or her
1629	attorney; to investigate reported thefts of vehicles and to
1630	seize contraband or stolen property on or being transported on
1631	the highways. Each patrol officer of the Florida Highway Patrol
1632	is subject to and has the same arrest and other authority
1633	provided for law enforcement officers generally in chapter 901
1634	and has statewide jurisdiction. Each officer also has arrest
1635	authority as provided for state law enforcement officers in s.
1636	901.15. This section shall not be construed as being in conflict
1637	with, but is supplemental to, chapter 933.
1638	(2)  To assist other constituted law enforcement officers
1639	of the state to quell mobs and riots, guard prisoners, and
1640	police disaster areas.
1641	(3)(a)  To make arrests while in fresh pursuit of a person
1642	believed to have violated the traffic and other laws.
1643	(b)  To make arrest of a person wanted for a felony or
1644	against whom a warrant has been issued on any charge in
1645	violation of federal, state, or county laws or municipal
1646	ordinances.
1647	(4)(a)  All fines and costs and the proceeds of the
1648	forfeiture of bail bonds and recognizances resulting from the
1649	enforcement of this chapter by patrol officers shall be paid
1650	into the fine and forfeiture fund established pursuant to s.
1651	142.01 of the county where the offense is committed. In all
1652	cases of arrest by patrol officers, the person arrested shall be
1653	delivered forthwith by the said officer to the sheriff of the
1654	county, or he or she shall obtain from the such person arrested
1655	a recognizance or, if deemed necessary, a cash bond or other
1656	sufficient security conditioned for his or her appearance before
1657	the proper tribunal of the such county to answer the charge for
1658	which he or she has been arrested; and all fees accruing shall
1659	be taxed against the party arrested, which fees are hereby
1660	declared to be part of the compensation of the said sheriffs
1661	authorized to be fixed by the Legislature under s. 5(c), Art. II
1662	of the State Constitution, to be paid such sheriffs in the same
1663	manner as fees are paid for like services in other criminal
1664	cases. All patrol officers are hereby directed to deliver all
1665	bonds accepted and approved by them to the sheriff of the county
1666	in which the offense is alleged to have been committed. However,
1667	a no sheriff shall not be paid any arrest fee for the arrest of
1668	a person for violation of any section of chapter 316 when the
1669	arresting officer was transported in a Florida Highway Patrol
1670	car to the vicinity where the arrest was made; and a no sheriff
1671	shall not be paid any fee for mileage for himself or herself or
1672	a prisoner for miles traveled in a Florida Highway Patrol car. A
1673	No patrol officer is not shall be entitled to any fee or mileage
1674	cost except when responding to a subpoena in a civil cause or
1675	except when the such patrol officer is appearing as an official
1676	witness to testify at any hearing or law action in any court of
1677	this state as a direct result of his or her employment as a
1678	patrol officer during time not compensated as a part of his or
1679	her normal duties. Nothing herein shall be construed as limiting
1680	the power to locate and to take from any person under arrest or
1681	about to be arrested deadly weapons. Nothing contained in This
1682	section is not shall be construed as a limitation upon existing
1683	powers and duties of sheriffs or police officers.
1684	(b)  Any person so arrested and released on his or her own
1685	recognizance by an officer and who fails shall fail to appear or
1686	respond to a notice to appear shall, in addition to the traffic
1687	violation charge, commits be guilty of a noncriminal traffic
1688	infraction subject to the penalty provided in s. 318.18(2).
1689	(5)  The department may employ or assign some fit and
1690	suitable person with experience in the field of public relations
1691	who shall have the duty to promote, coordinate, and publicize
1692	the traffic safety activities in the state and assign such
1693	person to the office of the Governor at a salary to be fixed by
1694	the department. The person so assigned or employed shall be a
1695	member of the uniform division of the Florida Highway Patrol,
1696	and he or she shall have the pay and rank of lieutenant while on
1697	such assignment.
1698	(6)  The Division of Florida Highway Patrol is authorized
1699	to adopt promulgate rules and regulations which may be necessary
1700	to implement the provisions of chapter 316.
1701	Section 31.  Subsection (26) of section 322.01, Florida
1702	Statutes, is amended, and subsection (46) is added to that
1703	section, to read:
1704	322.01  Definitions.-As used in this chapter:
1705	(26)  "Motorcycle" means a motor vehicle powered by a motor
1706	with a displacement of more than 50 cubic centimeters, having a
1707	seat or saddle for the use of the rider, and designed to travel
1708	on not more than three wheels in contact with the ground, but
1709	excluding a tractor, tri-vehicle, or moped.
1710	(46)  "Tri-vehicle" means an enclosed three-wheeled
1711	passenger vehicle that:
1712	(a)  Is designed to operate with three wheels in contact
1713	with the ground;
1714	(b)  Has a minimum unladen weight of 900 pounds;
1715	(c)  Has a single, completely enclosed, occupant
1716	compartment;
1717	(d)  Is produced in a minimum quantity of 300 in any
1718	calendar year;
1719	(e)  Is capable of a speed greater than 60 miles per hour
1720	on level ground; and
1721	(f)  Is equipped with:
1722	1.  Seats that are certified by the vehicle manufacturer to
1723	meet the requirements of Federal Motor Vehicle Safety Standard
1724	No. 207, "Seating systems" (49 C.F.R. s. 571.207);
1725	2.  A steering wheel used to maneuver the vehicle;
1726	3.  A propulsion unit located forward or aft of the
1727	enclosed occupant compartment;
1728	4.  A seat belt for each vehicle occupant certified to meet
1729	the requirements of Federal Motor Vehicle Safety Standard No.
1730	209, "Seat belt assemblies" (49 C.F.R. s. 571.209);
1731	5.  A windshield and an appropriate windshield wiper and
1732	washer system that are certified by the vehicle manufacture to
1733	meet the requirements of Federal Motor Vehicle Safety Standard
1734	No. 205, "Glazing Materials" (49 C.F.R. s. 571.205) and Federal
1735	Motor Vehicle Safety Standard No. 104, "Windshield Wiping and
1736	Washing Systems" (49 C.F.R. s. 571.104); and
1737	6.  A vehicle structure certified by the vehicle
1738	manufacturer to meet the requirements of Federal Motor Vehicle
1739	Safety Standard No. 216, "Rollover crush resistance" (49 C.F.R.
1740	s. 571.216).
1741	Section 32.  Subsection (7) of section 322.08, Florida
1742	Statutes, is amended to read:
1743	322.08  Application for license; requirements for license
1744	and identification card forms.-
1745	(7)  The application form for an original, renewal, or
1746	replacement a driver's license or identification card duplicate
1747	thereof shall include language permitting the following:
1748	(a)  A voluntary contribution of $1 per applicant, which
1749	contribution shall be deposited into the Health Care Trust Fund
1750	for organ and tissue donor education and for maintaining the
1751	organ and tissue donor registry.
1752	(b)  A voluntary contribution of $1 per applicant, which
1753	contribution shall be distributed to the Florida Council of the
1754	Blind.
1755	(c)  A voluntary contribution of $2 per applicant, which
1756	shall be distributed to the Hearing Research Institute,
1757	Incorporated.
1758	(d)  A voluntary contribution of $1 per applicant, which
1759	shall be distributed to the Juvenile Diabetes Foundation
1760	International.
1761	(e)  A voluntary contribution of $1 per applicant, which
1762	shall be distributed to the Children's Hearing Help Fund.
1763	(f)  A voluntary contribution of $1 per applicant, which
1764	shall be distributed to Family First, a nonprofit organization.
1765	(g)  A voluntary contribution of $1 per applicant, to Stop
1766	Heart Disease, which shall be distributed to the Florida Heart
1767	Research Institute, a nonprofit organization.
1768	(h)  Notwithstanding s. 322.081, a voluntary contribution
1769	of $1 per applicant, which shall be distributed to the League
1770	Against Cancer/La Liga Contra el Cancer, a not-for-profit
1771	organization.
1772	(i)  Notwithstanding s. 322.081, a voluntary contribution
1773	of $1 per applicant to the state homes for veterans, to be
1774	distributed on a quarterly basis by the department to the State
1775	Homes for Veterans Trust Fund, which is administered by the
1776	Department of Veterans' Affairs.
1777
1778	A statement providing an explanation of the purpose of the trust
1779	funds shall also be included. For the purpose of applying the
1780	service charge provided in s. 215.20, contributions received
1781	under paragraphs (b)-(i) (b), (c), (d), (e), (f), and (g) and
1782	under s. 322.18(9) are not income of a revenue nature.
1783	Section 33.  Section 322.121, Florida Statutes, is amended
1784	to read:
1785	322.121  Periodic reexamination of all drivers.-
1786	(1)  It is the intent of the Legislature that all licensed
1787	drivers in Florida be reexamined upon renewal of their licenses.
1788	Because only a small percentage of drivers in the state are
1789	categorized as problem drivers, the Legislature intends that
1790	renewals the large number of drivers who have not had any
1791	convictions for the 3 years preceding renewal and whose driving
1792	privilege in this state has not been revoked, disqualified, or
1793	suspended at any time during the 7 years preceding renewal be
1794	processed expeditiously upon renewal of their licenses by
1795	examinations of the licensee's their eyesight and hearing only
1796	and that all other licensees be tested, in addition to the
1797	eyesight and hearing examinations, with respect to their ability
1798	to read and understand highway signs regulating, warning, and
1799	directing traffic.
1800	(2)  Each licensee must pass a reexamination at the time of
1801	renewal, except as otherwise provided in this chapter. For each
1802	licensee whose driving record does not show any convictions for
1803	the preceding 3 years or any revocations, disqualifications, or
1804	suspensions for the preceding 7 years; and who, at the time of
1805	renewal, presents a renewal notice verifying such safe driving
1806	record, the reexamination shall consist of tests of the
1807	licensee's eyesight and hearing. For all other licensees, in
1808	addition to the eyesight and hearing tests, the reexamination
1809	must include tests of the ability to read and understand highway
1810	signs and pavement markings regulating, warning, and directing
1811	traffic.
1812	(2)(3)  For each licensee whose driving record does not
1813	show any revocations, disqualifications, or suspensions for the
1814	preceding 7 years or any convictions for the preceding 3 years
1815	except for convictions of the following nonmoving violations:
1816	(a)  Failure to exhibit a vehicle registration certificate,
1817	rental agreement, or cab card pursuant to s. 320.0605;
1818	(b)  Failure to renew a motor vehicle or mobile home
1819	registration that has been expired for 4 months or less pursuant
1820	to s. 320.07(3)(a);
1821	(c)  Operating a motor vehicle with an expired license that
1822	has been expired for 4 months or less pursuant to s. 322.065;
1823	(d)  Failure to carry or exhibit a license pursuant to s.
1824	322.15(1); or
1825	(e)  Failure to notify the department of a change of
1826	address or name within 10 days pursuant to s. 322.19,
1827
1828	the department shall cause such licensee's license to be
1829	prominently marked with the notation "Safe Driver."
1830	(3)(4)  Eyesight examinations must be administered as
1831	provided in s. 322.12.
1832	(4)(5)  An examination fee may not be assessed for
1833	reexamination required by this section.
1834	(5)(6)  Members of the Armed Forces, or their dependents
1835	residing with them, shall be granted an automatic extension for
1836	the expiration of their licenses without reexamination while
1837	serving on active duty outside this state. This extension is
1838	valid for 90 days after the member of the Armed Forces is either
1839	discharged or returns to this state to live.
1840	(6)(7)  In addition to any other examination authorized by
1841	this section, an applicant for a renewal of a commercial
1842	driver's license may be required to complete successfully an
1843	examination of his or her knowledge regarding state and federal
1844	rules, regulations, and laws, governing the type of vehicle
1845	which he or she is applying to be licensed to operate.
1846	(7)(8)  In addition to any other examination authorized by
1847	this section, an applicant for a renewal of an endorsement
1848	issued under s. 322.57(1)(a), (b), (d), (e), or (f) may be
1849	required to complete successfully an examination of his or her
1850	knowledge regarding state and federal rules, regulations, and
1851	laws, governing the type of vehicle which he or she is seeking
1852	an endorsement to operate.
1853	Section 34.  Paragraph (a) of subsection (5) and paragraph
1854	(c) of subsection (8) of section 322.18, Florida Statutes, are
1855	amended, to read:
1856	322.18  Original applications, licenses, and renewals;
1857	expiration of licenses; delinquent licenses.-
1858	(5)  All renewal driver's licenses may be issued after the
1859	applicant licensee has been determined to be eligible by the
1860	department.
1861	(a)  A licensee who is otherwise eligible for renewal and
1862	who is at least 80 years of age:
1863	1.  Must submit to and pass a vision test administered at
1864	any driver's license office; or
1865	2.  If the licensee applies for a renewal using a
1866	convenience service as provided in subsection (8), he or she
1867	must submit to a vision test administered by a physician
1868	licensed under chapter 458 or chapter 459, or an optometrist
1869	licensed under chapter 463, or a licensed physician at a
1870	federally established veterans' hospital, must send the results
1871	of that test to the department on a form obtained from the
1872	department and signed by such health care practitioner, and must
1873	meet vision standards that are equivalent to the standards for
1874	passing the departmental vision test. The physician or
1875	optometrist may submit the results of a vision test by a
1876	department-approved electronic means.
1877	(8)  The department shall issue 8-year renewals using a
1878	convenience service without reexamination to drivers who have
1879	not attained 80 years of age. The department shall issue 6-year
1880	renewals using a convenience service when the applicant has
1881	satisfied the requirements of subsection (5).
1882	(c)  The department shall issue one renewal using a
1883	convenience service. A person who is out of this state when his
1884	or her license expires may be issued a 90-day temporary driving
1885	permit without reexamination. At the end of the 90-day period,
1886	the person must either return to this state or apply for a
1887	license where the person is located, except for a member of the
1888	Armed Forces as provided in s. 322.121(5) s. 322.121(6).
1889	Section 35.  Subsection (2) of section 322.2615, Florida
1890	Statutes, is amended to read:
1891	322.2615  Suspension of license; right to review.-
1892	(2)  Except as provided in paragraph (1)(a), the law
1893	enforcement officer shall forward to the department, within 5
1894	days after issuing the notice of suspension, the driver's
1895	license; an affidavit stating the officer's grounds for belief
1896	that the person was driving or in actual physical control of a
1897	motor vehicle while under the influence of alcoholic beverages
1898	or chemical or controlled substances; the results of any breath
1899	or blood test or an affidavit stating that a breath, blood, or
1900	urine test was requested by a law enforcement officer or
1901	correctional officer and that the person refused to submit; the
1902	officer's description of the person's field sobriety test, if
1903	any; and the notice of suspension; and a copy of the crash
1904	report, if any. The failure of the officer to submit materials
1905	within the 5-day period specified in this subsection and in
1906	subsection (1) does not affect the department's ability to
1907	consider any evidence submitted at or prior to the hearing. The
1908	officer may also submit a copy of the crash report and a copy of
1909	a videotape of the field sobriety test or the attempt to
1910	administer such test. Materials submitted to the department by a
1911	law enforcement agency or correctional agency shall be
1912	considered self-authenticating and shall be in the record for
1913	consideration by the hearing officer. Notwithstanding s.
1914	316.066(7), the crash report shall be considered by the hearing
1915	officer.
1916	Section 36.  Effective October 1, 2010, subsection (5) of
1917	section 322.271, Florida Statutes, is renumbered as subsection
1918	(6), and a new subsection (5) is added to that section, to read:
1919	322.271  Authority to modify revocation, cancellation, or
1920	suspension order.-
1921	(5)  Notwithstanding the provisions of s. 322.28(2)(e), a
1922	person whose driving privilege has been permanently revoked
1923	because he or she has been convicted four or more times of
1924	violating s. 316.193 or former s. 316.1931 may, upon the
1925	expiration of 10 years after the date of the last conviction or
1926	the expiration of 10 years after the termination of any
1927	incarceration under s. 316.193 or former s. 316.1931, whichever
1928	is later, petition the department for reinstatement of his or
1929	her driving privilege.
1930	(a)  Within 30 days after receipt of a petition, the
1931	department shall provide for a hearing, at which the petitioner
1932	must demonstrate that he or she:
1933	1.  Has not been arrested for a drug-related offense for at
1934	least 5 years prior to filing the petition;
1935	2.  Has not driven a motor vehicle without a license for at
1936	least 5 years prior to the hearing;
1937	3.  Has been drug-free for at least 5 years prior to the
1938	hearing; and
1939	4.  Has completed a DUI program licensed by the department.
1940	(b)  At the hearing, the department shall determine the
1941	petitioner's qualification, fitness, and need to drive, and may,
1942	after such determination, reinstate the petitioner's driver's
1943	license. The reinstatement shall be subject to the following
1944	qualifications:
1945	1.  The petitioner's license must be restricted for
1946	employment purposes for not less than 1 year; and
1947	2.  The petitioner must be supervised by a DUI program
1948	licensed by the department and must report to the program for
1949	supervision and education at least four times a year or more, as
1950	required by the program, for the remainder of the revocation
1951	period. The supervision shall include evaluation, education,
1952	referral into treatment, and other activities required by the
1953	department.
1954	(c)  The petitioner must assume the reasonable costs of
1955	supervision. If the petitioner does not comply with the required
1956	supervision, the program shall report the failure to the
1957	department, and the department shall cancel such person's
1958	driving privilege.
1959	(d)  If, after reinstatement, the petitioner is convicted
1960	of an offense for which mandatory license revocation is
1961	required, the department shall revoke his or her driving
1962	privilege.
1963	(e)  The department shall adopt rules regulating the
1964	services provided by DUI programs pursuant to this section.
1965	Section 37.  Effective October 1, 2011, subsection (5) of
1966	section 322.271, Florida Statutes, as created by this act, is
1967	amended to read:
1968	322.271  Authority to modify revocation, cancellation, or
1969	suspension order.-
1970	(5)  Notwithstanding the provisions of s. 322.28(2)(e), a
1971	person whose driving privilege has been permanently revoked
1972	because he or she has been convicted four or more times of
1973	violating s. 316.193 or former s. 316.1931 may, upon the
1974	expiration of 5 10 years after the date of the last conviction
1975	or the expiration of 5 10 years after the termination of any
1976	incarceration under s. 316.193 or former s. 316.1931, whichever
1977	is later, petition the department for reinstatement of his or
1978	her driving privilege.
1979	(a)  Within 30 days after receipt of a petition, the
1980	department shall provide for a hearing, at which the petitioner
1981	must demonstrate that he or she:
1982	1.  Has not been arrested for a drug-related offense for at
1983	least 5 years prior to filing the petition;
1984	2.  Has not driven a motor vehicle without a license for at
1985	least 5 years prior to the hearing;
1986	3.  Has been drug-free for at least 5 years prior to the
1987	hearing; and
1988	4.  Has completed a DUI program licensed by the department.
1989	(b)  At the hearing, the department shall determine the
1990	petitioner's qualification, fitness, and need to drive, and may,
1991	after such determination, reinstate the petitioner's driver's
1992	license. The reinstatement shall be subject to the following
1993	qualifications:
1994	1.  The petitioner's license must be restricted for
1995	employment purposes for not less than 1 year; and
1996	2.  The petitioner must be supervised by a DUI program
1997	licensed by the department and must report to the program for
1998	supervision and education at least four times a year or more, as
1999	required by the program, for the remainder of the revocation
2000	period. The supervision shall include evaluation, education,
2001	referral into treatment, and other activities required by the
2002	department.
2003	(c)  The petitioner must assume the reasonable costs of
2004	supervision. If the petitioner does not comply with the required
2005	supervision, the program shall report the failure to the
2006	department, and the department shall cancel such person's
2007	driving privilege.
2008	(d)  If, after reinstatement, the petitioner is convicted
2009	of an offense for which mandatory license revocation is
2010	required, the department shall revoke his or her driving
2011	privilege.
2012	(e)  The department shall adopt rules regulating the
2013	services provided by DUI programs pursuant to this section.
2014	Section 38.  Paragraph (e) is added to subsection (3) of
2015	section 322.2715, Florida Statutes, to read:
2016	322.2715  Ignition interlock device.-
2017	(3)  If the person is convicted of:
2018	(e)  A fourth or subsequent offense of driving under the
2019	influence, the ignition interlock device shall be installed for
2020	a period of not less than 5 years.
2021	Section 39.  Subsection (11) is added to section 322.34,
2022	Florida Statutes, to read:
2023	322.34  Driving while license suspended, revoked, canceled,
2024	or disqualified.-
2025	(10)(a)  Notwithstanding any other provision of this
2026	section, if a person does not have a prior forcible felony
2027	conviction as defined in s. 776.08, the penalties provided in
2028	paragraph (b) apply if a person's driver's license or driving
2029	privilege is canceled, suspended, or revoked for:
2030	1.  Failing to pay child support as provided in s. 322.245
2031	or s. 61.13016;
2032	2.  Failing to pay any other financial obligation as
2033	provided in s. 322.245 other than those specified in s.
2034	322.245(1);
2035	3.  Failing to comply with a civil penalty required in s.
2036	318.15;
2037	4.  Failing to maintain vehicular financial responsibility
2038	as required by chapter 324;
2039	5.  Failing to comply with attendance or other requirements
2040	for minors as set forth in s. 322.091; or
2041	6.  Having been designated a habitual traffic offender
2042	under s. 322.264(1)(d) as a result of suspensions of his or her
2043	driver's license or driver privilege for any underlying
2044	violation listed in subparagraphs 1.-5.
2045	(b)1.  Upon a first conviction for knowingly driving while
2046	his or her license is suspended, revoked, or canceled for any of
2047	the underlying violations listed in subparagraphs (a)1.-6., a
2048	person commits a misdemeanor of the second degree, punishable as
2049	provided in s. 775.082 or s. 775.083.
2050	2.  Upon a second or subsequent conviction for the same
2051	offense of knowingly driving while his or her license is
2052	suspended, revoked, or canceled for any of the underlying
2053	violations listed in subparagraphs (a)1.-6., a person commits a
2054	misdemeanor of the first degree, punishable as provided in s.
2055	775.082 or s. 775.083.
2056	(11)(a)  A person who does not hold a commercial driver's
2057	license and who is cited for an offense of knowingly driving
2058	while his or her license is suspended, revoked, or canceled for
2059	any of the underlying violations listed in paragraph (10)(a)
2060	may, in lieu of payment of fine or court appearance, elect to
2061	enter a plea of nolo contendere and provide proof of compliance
2062	to the clerk of the court, designated official, or authorized
2063	operator of a traffic violations bureau. In such case,
2064	adjudication shall be withheld. However, no election shall be
2065	made under this subsection if such person has made an election
2066	under this subsection during the preceding 12 months. A person
2067	may not make more than three elections under this subsection.
2068	(b)  If adjudication is withheld under paragraph (a), such
2069	action is not a conviction.
2070	Section 40.  Subsection (8) of section 322.61, Florida
2071	Statutes, is amended to read:
2072	322.61  Disqualification from operating a commercial motor
2073	vehicle.-
2074	(8)  A driver who is convicted of or otherwise found to
2075	have committed a violation of an out-of-service order while
2076	driving a commercial motor vehicle is disqualified as follows:
2077	(a)  Not less than 180 90 days nor more than 1 year if the
2078	driver is convicted of or otherwise found to have committed a
2079	first violation of an out-of-service order.
2080	(b)  Not less than 2 years 1 year nor more than 5 years if,
2081	for offenses occurring during any 10-year period, the driver is
2082	convicted of or otherwise found to have committed two violations
2083	of out-of-service orders in separate incidents.
2084	(c)  Not less than 3 years nor more than 5 years if, for
2085	offenses occurring during any 10-year period, the driver is
2086	convicted of or otherwise found to have committed three or more
2087	violations of out-of-service orders in separate incidents.
2088	(d)  Not less than 180 days nor more than 2 years if the
2089	driver is convicted of or otherwise found to have committed a
2090	first violation of an out-of-service order while transporting
2091	hazardous materials required to be placarded under the Hazardous
2092	Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
2093	while operating motor vehicles designed to transport more than
2094	15 passengers, including the driver. A driver is disqualified
2095	for a period of not less than 3 years nor more than 5 years if,
2096	for offenses occurring during any 10-year period, the driver is
2097	convicted of or otherwise found to have committed any subsequent
2098	violations of out-of-service orders, in separate incidents,
2099	while transporting hazardous materials required to be placarded
2100	under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
2101	5101 et seq., or while operating motor vehicles designed to
2102	transport more than 15 passengers, including the driver.
2103	Section 41.  Section 488.06, Florida Statutes, is amended
2104	to read:
2105	488.06  Revocation or suspension of license or
2106	certificate.-The Department of Highway Safety and Motor Vehicles
2107	may suspend or revoke any license or certificate issued under
2108	the provisions of this chapter if the holder of the license or
2109	certificate or an instructor, agent, or employee of the
2110	commercial driving school has:
2111	(1)  Violated the provisions of this chapter;.
2112	(2)  Been convicted of, pled no contest to, or had
2113	adjudication withheld for any felony offense or misdemeanor
2114	offense, as shown by a fingerprint-based criminal background
2115	check, the cost of which must be borne by the applicant,
2116	instructor, agent, or employee;
2117	(3)  Committed any fraud or willful misrepresentation in
2118	applying for or obtaining a license; or
2119	(4)  Solicited business on any premises, including parking
2120	areas, used by the department or a tax collector for the purpose
2121	of licensing drivers.
2122
2123	For purposes of subsection (2), fingerprints shall be submitted
2124	by the Department of Highway Safety and Motor Vehicles to the
2125	Florida Department of Law Enforcement for state processing, and
2126	the Florida Department of Law Enforcement shall forward them to
2127	the Federal Bureau of Investigation for national processing. The
2128	Department of Highway Safety and Motor Vehicles shall screen the
2129	background check results to determine if an applicant,
2130	instructor, agency or employee meets licensure or certification
2131	requirements.
2132	Section 42.  Subsection (9) of section 261.03, Florida
2133	Statutes, is amended to read:
2134	261.03  Definitions.-As used in this chapter, the term:
2135	(9)  "ROV" means any motorized recreational off-highway
2136	vehicle 64 60 inches or less in width, having a dry weight of
2137	2,000 1,500 pounds or less, designed to travel on four or more
2138	nonhighway tires, having nonstraddle seating and a steering
2139	wheel, and manufactured for recreational use by one or more
2140	persons. The term "ROV" does not include a golf cart as defined
2141	in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
2142	defined in s. 320.01(42).
2143	Section 43.  Subsection (9) of section 317.0003, Florida
2144	Statutes, is amended to read:
2145	317.0003  Definitions.-As used in this chapter, the term:
2146	(9)  "ROV" means any motorized recreational off-highway
2147	vehicle 64 60 inches or less in width, having a dry weight of
2148	2,000 1,500 pounds or less, designed to travel on four or more
2149	nonhighway tires, having nonstraddle seating and a steering
2150	wheel, and manufactured for recreational use by one or more
2151	persons. The term "ROV" does not include a golf cart as defined
2152	in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
2153	defined in s. 320.01(42).
2154	Section 44.  Subsection (7) is added to section 316.008,
2155	Florida Statutes, to read:
2156	316.008  Powers of local authorities.-
2157	(7)  A county or municipality may enact an ordinance to
2158	permit, control, or regulate the operation of vehicles, golf
2159	carts, mopeds, motorized scooters, and electric personal
2160	assistive mobility devices on sidewalks or sidewalk areas when
2161	such use is permissible under federal law. The ordinance must
2162	restrict such vehicles or devices to a maximum speed of 15 miles
2163	per hour in such areas.
2164	Section 45.  Section 316.1995, Florida Statutes, is amended
2165	to read:
2166	316.1995  Driving upon sidewalk or bicycle path.-
2167	(1)  Except as provided in s. 316.008 or s. 316.212(8), a
2168	No person may not shall drive any vehicle other than by human
2169	power upon a bicycle path, sidewalk, or sidewalk area, except
2170	upon a permanent or duly authorized temporary driveway.
2171	(2)  A violation of this section is a noncriminal traffic
2172	infraction, punishable as a moving violation as provided in
2173	chapter 318.
2174	(3)  This section does not apply to motorized wheelchairs.
2175	Section 46.  Subsection (8) of section 316.212, Florida
2176	Statutes, is amended to read:
2177	316.212  Operation of golf carts on certain roadways.-The
2178	operation of a golf cart upon the public roads or streets of
2179	this state is prohibited except as provided herein:
2180	(8)  A local governmental entity may enact an ordinance
2181	relating to:
2182	(a)  Regarding Golf cart operation and equipment which is
2183	more restrictive than those enumerated in this section. Upon
2184	enactment of such ordinance, the local governmental entity shall
2185	post appropriate signs or otherwise inform the residents that
2186	such an ordinance exists and that it will be enforced within the
2187	local government's jurisdictional territory. An ordinance
2188	referred to in this section must apply only to an unlicensed
2189	driver.
2190	(b)  Golf cart operation on sidewalks adjacent to specific
2191	segments of municipal streets, county roads, or state highways
2192	within the jurisdictional territory of the local governmental
2193	entity if:
2194	1.  The local governmental entity determines, after
2195	considering the condition and current use of the sidewalks, the
2196	character of the surrounding community, and the locations of
2197	authorized golf cart crossings, that golf carts, bicycles, and
2198	pedestrians may safely share the sidewalk;
2199	2.  The local governmental entity consults with the
2200	Department of Transportation before adopting the ordinance;
2201	3.  The ordinance restricts golf carts to a maximum speed
2202	of 15 miles per hour and permits such use on sidewalks adjacent
2203	to state highways only if the sidewalks are at least 8 feet
2204	wide;
2205	4.  The ordinance requires the golf carts to meet the
2206	equipment requirements in subsection (6). However, the ordinance
2207	may require additional equipment, including horns or other
2208	warning devices required by s. 316.271; and
2209	5.  The local governmental entity posts appropriate signs
2210	or otherwise informs residents that the ordinance exists and
2211	applies to such sidewalks.
2212	Section 47.  Section 316.2128, Florida Statutes, is amended
2213	to read:
2214	316.2128  Operation of motorized scooters and miniature
2215	motorcycles; requirements for sales.-
2216	(1)  A person who engages in the business of, serves in the
2217	capacity of, or acts as a commercial seller of motorized
2218	scooters or miniature motorcycles in this state must prominently
2219	display at his or her place of business a notice that such
2220	vehicles are not legal to operate on public roads, or sidewalks
2221	and may not be registered as motor vehicles, and may not be
2222	operated on sidewalks unless authorized by an ordinance enacted
2223	pursuant to s. 316.008(7) or s. 316.212(8). The required notice
2224	must also appear in all forms of advertising offering motorized
2225	scooters or miniature motorcycles for sale. The notice and a
2226	copy of this section must also be provided to a consumer prior
2227	to the consumer's purchasing or becoming obligated to purchase a
2228	motorized scooter or a miniature motorcycle.
2229	(2)  Any person selling or offering a motorized scooter or
2230	a miniature motorcycle for sale in violation of this section
2231	commits an unfair and deceptive trade practice as defined in
2232	part II of chapter 501.
2233	Section 48.  Ronshay Dugans Act.-
2234	(1)  This section may be cited as the "Ronshay Dugans Act."
2235	(2)  The first week of September is designated as "Drowsy
2236	Driving Prevention Week" in this state. During Drowsy Driving
2237	Prevention Week, the Department of Highway Safety and Motor
2238	Vehicles and the Department of Transportation are encouraged to
2239	educate the law enforcement community and the public about the
2240	relationship between fatigue and performance and the research
2241	showing fatigue to be as much of an impairment as alcohol and as
2242	dangerous while operating a motor vehicle.
2243	Section 49.  Except as otherwise expressly provided in this
2244	act, this act shall take effect September 1, 2010.

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