1 | Representative Albritton offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 |
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6 | Section 1. Section 20.24, Florida Statutes, is amended to |
7 | read: |
8 | 20.24 Department of Highway Safety and Motor Vehicles.- |
9 | There is created a Department of Highway Safety and Motor |
10 | Vehicles. |
11 | (1) The head of the Department of Highway Safety and Motor |
12 | Vehicles is the Governor and Cabinet. An executive director |
13 | shall serve at the pleasure of the Governor and Cabinet. The |
14 | executive director may establish a command, operational, and |
15 | administrative services structure to assist, manage, and support |
16 | the department in operating programs and delivering services. |
17 | (2) The following divisions, and bureaus within the |
18 | divisions, of the Department of Highway Safety and Motor |
19 | Vehicles are established: |
20 | (a) Division of the Florida Highway Patrol. |
21 | (b) Division of Motorist Services. |
22 | (b) Division of Driver Licenses. |
23 | (c) Division of Motor Vehicles. |
24 | Section 2. Subsection (9) of section 261.03, Florida |
25 | Statutes, is amended to read: |
26 | 261.03 Definitions.-As used in this chapter, the term: |
27 | (9) "ROV" means any motorized recreational off-highway |
28 | vehicle 64 inches or less in width, having a dry weight of 2,000 |
29 | pounds or less, designed to travel on four or more nonhighway |
30 | tires, having nonstraddle seating and a steering wheel, and |
31 | manufactured for recreational use by one or more persons. The |
32 | term "ROV" does not include a golf cart as defined in ss. |
33 | 320.01(22) and 316.003(68) or a low-speed vehicle as defined in |
34 | s. 320.01(42). |
35 | Section 3. Paragraph (e) of subsection (2) of section |
36 | 288.816, Florida Statutes, is amended to read: |
37 | 288.816 Intergovernmental relations.- |
38 | (2) The Office of Tourism, Trade, and Economic Development |
39 | shall be responsible for all consular relations between the |
40 | state and all foreign governments doing business in Florida. The |
41 | office shall monitor United States laws and directives to ensure |
42 | that all federal treaties regarding foreign privileges and |
43 | immunities are properly observed. The office shall promulgate |
44 | rules which shall: |
45 | (e) Verify entitlement to issuance of special motor |
46 | vehicle license plates by the Division of Motor Vehicles of the |
47 | Department of Highway Safety and Motor Vehicles to honorary |
48 | consuls or such other officials representing foreign governments |
49 | who are not entitled to issuance of special Consul Corps license |
50 | plates by the United States Government. |
51 | Section 4. Paragraph (a) of subsection (3) of section |
52 | 311.121, Florida Statutes, is amended to read: |
53 | 311.121 Qualifications, training, and certification of |
54 | licensed security officers at Florida seaports.- |
55 | (3) The Seaport Security Officer Qualification, Training, |
56 | and Standards Coordinating Council is created under the |
57 | Department of Law Enforcement. |
58 | (a) The executive director of the Department of Law |
59 | Enforcement shall appoint 11 members to the council, to include: |
60 | 1. The seaport administrator of the Department of Law |
61 | Enforcement. |
62 | 2. The Commissioner of Education or his or her designee. |
63 | 3. The director of the Division of Licensing of the |
64 | Department of Agriculture and Consumer Services. |
65 | 4. The administrator of the Florida Seaport Transportation |
66 | and Economic Development Council. |
67 | 5. Two seaport security directors from seaports designated |
68 | under s. 311.09. |
69 | 6. One director of a state law enforcement academy. |
70 | 7. One representative of a local law enforcement agency. |
71 | 8. Two representatives of contract security services. |
72 | 9. One representative of the Division of Driver Licenses |
73 | of the Department of Highway Safety and Motor Vehicles. |
74 | Section 5. Subsections (2) and (21) of section 316.003, |
75 | Florida Statutes, are amended, and subsection (89) is added to |
76 | that section, to read: |
77 | 316.003 Definitions.-The following words and phrases, when |
78 | used in this chapter, shall have the meanings respectively |
79 | ascribed to them in this section, except where the context |
80 | otherwise requires: |
81 | (2) BICYCLE.-Every vehicle propelled solely by human |
82 | power, and every motorized bicycle propelled by a combination of |
83 | human power and a an electric helper motor capable of propelling |
84 | the vehicle at a speed of not more than 20 miles per hour on |
85 | level ground upon which any person may ride, having two tandem |
86 | wheels, and including any device generally recognized as a |
87 | bicycle though equipped with two front or two rear wheels. The |
88 | term does not include such a vehicle with a seat height of no |
89 | more than 25 inches from the ground when the seat is adjusted to |
90 | its highest position or a scooter or similar device. No person |
91 | under the age of 16 may operate or ride upon a motorized |
92 | bicycle. |
93 | (21) MOTOR VEHICLE.-Any self-propelled vehicle not |
94 | operated upon rails or guideway, but not including any bicycle, |
95 | motorized scooter, electric personal assistive mobility device, |
96 | swamp buggy, or moped. |
97 | (89) SWAMP BUGGY.-A motorized off-road vehicle designed to |
98 | travel over swampy terrain, which may use large tires or tracks |
99 | operated from an elevated platform, and may be used upon varied |
100 | terrain. A swamp buggy does not include any vehicle defined in |
101 | chapter 261 or otherwise defined or classified in this chapter. |
102 | A swamp buggy may not be operated upon the public roads, |
103 | streets, or highways of this state, except to the extent |
104 | specifically authorized by a state or federal agency to be used |
105 | exclusively upon lands, managed, owned, or leased by that |
106 | agency. |
107 | Section 6. For the purpose of incorporating the amendment |
108 | made by chapter 2010-163, Laws of Florida, to section 316.066, |
109 | Florida Statutes, in a reference thereto, subsection (4) of |
110 | section 316.065, Florida Statutes, is reenacted retroactive to |
111 | July 1, 2010, to read: |
112 | 316.065 Crashes; reports; penalties.- |
113 | (4) Any person who knowingly repairs a motor vehicle |
114 | without having made a report as required by subsection (3) is |
115 | guilty of a misdemeanor of the first degree, punishable as |
116 | provided in s. 775.082 or s. 775.083. The owner and driver of a |
117 | vehicle involved in a crash who makes a report thereof in |
118 | accordance with subsection (1) or s. 316.066(1) is not liable |
119 | under this section. |
120 | Section 7. Section 316.1303, Florida Statutes, is amended |
121 | to read: |
122 | 316.1303 Traffic regulations to assist mobility-impaired |
123 | persons.- |
124 | (1) Whenever a pedestrian is in the process of crossing a |
125 | public street or highway and the pedestrian is mobility impaired |
126 | mobility-impaired (using a guide dog or service animal |
127 | designated as such with a visible means of identification, a |
128 | walker, a crutch, an orthopedic cane, or a wheelchair), the |
129 | driver of every vehicle approaching the intersection, as defined |
130 | in s. 316.003(17), shall bring his or her vehicle to a full stop |
131 | before arriving at such intersection and, before proceeding, |
132 | shall take such precautions as may be necessary to avoid |
133 | injuring such pedestrian. |
134 | (2) A person with impaired mobility who is using a |
135 | motorized wheelchair or scooter on a sidewalk may temporarily |
136 | leave the sidewalk and use the roadway to avoid a potential |
137 | conflict, if no alternative route exists. A law enforcement |
138 | officer may issue a warning to such person, but may not issue a |
139 | citation for a violation of subsection (1) to a person described |
140 | in this subsection. |
141 | (3) A person who is convicted of a violation of subsection |
142 | (1) this section shall be punished as provided in s. 318.18(3). |
143 | Section 8. Section 316.1957, Florida Statutes, is amended |
144 | to read: |
145 | 316.1957 Parking violations; designated parking spaces for |
146 | persons who have disabilities.-When evidence is presented in any |
147 | court of the fact that any motor vehicle was parked in a |
148 | properly designated parking space for persons who have |
149 | disabilities in violation of s. 316.1955, it is prima facie |
150 | evidence that the vehicle was parked and left in the space by |
151 | the person, firm, or corporation in whose name the vehicle is |
152 | registered and licensed according to the records of the |
153 | department Division of Motor Vehicles. |
154 | Section 9. Paragraph (d) of subsection (3) and subsections |
155 | (5) and (8) of section 316.2065, Florida Statutes, are amended |
156 | to read: |
157 | 316.2065 Bicycle regulations.- |
158 | (3) |
159 | (d) A bicycle rider or passenger who is under 16 years of |
160 | age must wear a bicycle helmet that is properly fitted and is |
161 | fastened securely upon the passenger's head by a strap, and that |
162 | meets the federal safety standard for bicycle helmets, final |
163 | rule, 16 C.F.R. part 1203. Helmets purchased before October 1, |
164 | 2011, and meeting standards of the American National Standards |
165 | Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards |
166 | of the Snell Memorial Foundation (1984 Standard for Protective |
167 | Headgear for Use in Bicycling), or any other nationally |
168 | recognized standards for bicycle helmets adopted by the |
169 | department may continue to be worn by riders or passengers until |
170 | January 1, 2015. As used in this subsection, the term |
171 | "passenger" includes a child who is riding in a trailer or |
172 | semitrailer attached to a bicycle. |
173 | (5)(a) Any person operating a bicycle upon a roadway at |
174 | less than the normal speed of traffic at the time and place and |
175 | under the conditions then existing shall ride in the lane marked |
176 | for bicycle use or, if no lane is marked for bicycle use, as |
177 | close as practicable to the right-hand curb or edge of the |
178 | roadway except under any of the following situations: |
179 | 1. When overtaking and passing another bicycle or vehicle |
180 | proceeding in the same direction. |
181 | 2. When preparing for a left turn at an intersection or |
182 | into a private road or driveway. |
183 | 3. When reasonably necessary to avoid any condition or |
184 | potential conflict, including, but not limited to, a fixed or |
185 | moving object, parked or moving vehicle, bicycle, pedestrian, |
186 | animal, surface hazard, turn lane, or substandard-width lane, |
187 | which that makes it unsafe to continue along the right-hand curb |
188 | or edge or within a bicycle lane. For the purposes of this |
189 | subsection, a "substandard-width lane" is a lane that is too |
190 | narrow for a bicycle and another vehicle to travel safely side |
191 | by side within the lane. |
192 | (b) Any person operating a bicycle upon a one-way highway |
193 | with two or more marked traffic lanes may ride as near the left- |
194 | hand curb or edge of such roadway as practicable. |
195 | (8) Every bicycle in use between sunset and sunrise shall |
196 | be equipped with a lamp on the front exhibiting a white light |
197 | visible from a distance of at least 500 feet to the front and a |
198 | lamp and reflector on the rear each exhibiting a red light |
199 | visible from a distance of 600 feet to the rear. A bicycle or |
200 | its rider may be equipped with lights or reflectors in addition |
201 | to those required by this section. A law enforcement officer may |
202 | issue a bicycle safety brochure and a verbal warning to a |
203 | bicycle rider who violates this subsection. A bicycle rider who |
204 | violates this subsection may be issued a citation by a law |
205 | enforcement officer and assessed a fine for a pedestrian |
206 | violation, as provided in s. 318.18. The court shall dismiss the |
207 | charge against a bicycle rider for a first violation of this |
208 | subsection upon proof of purchase and installation of the proper |
209 | lighting equipment. |
210 | Section 10. Subsection (3) of section 316.2085, Florida |
211 | Statutes, is amended to read: |
212 | 316.2085 Riding on motorcycles or mopeds.- |
213 | (3) The license tag of a motorcycle or moped must be |
214 | permanently affixed to the vehicle and remain clearly visible |
215 | from the rear at all times may not be adjusted or capable of |
216 | being flipped up. Any deliberate act to conceal or obscure No |
217 | device for or method of concealing or obscuring the legibility |
218 | of the license tag of a motorcycle is prohibited shall be |
219 | installed or used. The license tag of a motorcycle or moped may |
220 | be affixed horizontally to the ground so that the numbers and |
221 | letters read from left to right. Alternatively, a Florida |
222 | license tag for a motorcycle or moped for which the numbers and |
223 | letters read from top to bottom may be affixed perpendicularly |
224 | to the ground, provided that the registered owner of the |
225 | motorcycle or moped maintains a prepaid toll account in good |
226 | standing and a transponder associated with the prepaid toll |
227 | account is affixed to the motorcycle or moped. A license tag for |
228 | a motorcycle or moped issued by another jurisdiction for which |
229 | the numbers and letters read from top to bottom may be affixed |
230 | perpendicularly to the ground. |
231 | Section 11. Section 316.2122, Florida Statutes, is amended |
232 | to read: |
233 | 316.2122 Operation of a low-speed vehicle or mini truck on |
234 | certain roadways.-The operation of a low-speed vehicle as |
235 | defined in s. 320.01(42) or a mini truck as defined in s. |
236 | 320.01(45) on any road as defined in s. 334.03(15) or (33) is |
237 | authorized with the following restrictions: |
238 | (1) A low-speed vehicle or mini truck may be operated only |
239 | on streets where the posted speed limit is 35 miles per hour or |
240 | less. This does not prohibit a low-speed vehicle or mini truck |
241 | from crossing a road or street at an intersection where the road |
242 | or street has a posted speed limit of more than 35 miles per |
243 | hour. |
244 | (2) A low-speed vehicle must be equipped with headlamps, |
245 | stop lamps, turn signal lamps, taillamps, reflex reflectors, |
246 | parking brakes, rearview mirrors, windshields, seat belts, and |
247 | vehicle identification numbers. |
248 | (3) A low-speed vehicle or mini truck must be registered |
249 | and insured in accordance with s. 320.02 and titled pursuant to |
250 | chapter 319. |
251 | (4) Any person operating a low-speed vehicle or mini truck |
252 | must have in his or her possession a valid driver's license. |
253 | (5) A county or municipality may prohibit the operation of |
254 | low-speed vehicles or mini trucks on any road under its |
255 | jurisdiction if the governing body of the county or municipality |
256 | determines that such prohibition is necessary in the interest of |
257 | safety. |
258 | (6) The Department of Transportation may prohibit the |
259 | operation of low-speed vehicles or mini trucks on any road under |
260 | its jurisdiction if it determines that such prohibition is |
261 | necessary in the interest of safety. |
262 | Section 12. Section 316.2124, Florida Statutes, is amended |
263 | to read: |
264 | 316.2124 Motorized disability access vehicles.-The |
265 | Department of Highway Safety and Motor Vehicles is directed to |
266 | provide, by rule, for the regulation of motorized disability |
267 | access vehicles as described in s. 320.01(34). The department |
268 | shall provide that motorized disability access vehicles shall be |
269 | registered in the same manner as motorcycles and shall pay the |
270 | same registration fee as for a motorcycle. There shall also be |
271 | assessed, in addition to the registration fee, a $2.50 surcharge |
272 | for motorized disability access vehicles. This surcharge shall |
273 | be paid into the Highway Safety Operating Trust Fund. Motorized |
274 | disability access vehicles shall not be required to be titled by |
275 | the department. The department shall require motorized |
276 | disability access vehicles to be subject to the same safety |
277 | requirements as set forth in this chapter for motorcycles. |
278 | Section 13. Subsection (1) of section 316.21265, Florida |
279 | Statutes, is amended to read: |
280 | 316.21265 Use of all-terrain vehicles, golf carts, low- |
281 | speed vehicles, or utility vehicles by law enforcement |
282 | agencies.- |
283 | (1) Notwithstanding any provision of law to the contrary, |
284 | any law enforcement agency in this state may operate all-terrain |
285 | vehicles as defined in s. 316.2074, golf carts as defined in s. |
286 | 320.01(22), low-speed vehicles as defined in s. 320.01(42), or |
287 | utility vehicles as defined in s. 320.01(43) on any street, |
288 | road, or highway in this state while carrying out its official |
289 | duties. |
290 | Section 14. Subsection (1) of section 316.3026, Florida |
291 | Statutes, is amended to read: |
292 | 316.3026 Unlawful operation of motor carriers.- |
293 | (1) The Office of Motor Carrier Compliance of the |
294 | Department of Transportation may issue out-of-service orders to |
295 | motor carriers, as defined in s. 320.01(33), who have after |
296 | proper notice failed to pay any penalty or fine assessed by the |
297 | department, or its agent, against any owner or motor carrier for |
298 | violations of state law, refused to submit to a compliance |
299 | review and provide records pursuant to s. 316.302(5) or s. |
300 | 316.70, or violated safety regulations pursuant to s. 316.302 or |
301 | insurance requirements found in s. 627.7415. Such out-of-service |
302 | orders shall have the effect of prohibiting the operations of |
303 | any motor vehicles owned, leased, or otherwise operated by the |
304 | motor carrier upon the roadways of this state, until such time |
305 | as the violations have been corrected or penalties have been |
306 | paid. Out-of-service orders issued under this section must be |
307 | approved by the Secretary of Transportation or his or her |
308 | designee. An administrative hearing pursuant to s. 120.569 shall |
309 | be afforded to motor carriers subject to such orders. |
310 | Section 15. Subsection (3) of section 316.545, Florida |
311 | Statutes, is amended to read: |
312 | 316.545 Weight and load unlawful; special fuel and motor |
313 | fuel tax enforcement; inspection; penalty; review.- |
314 | (3) Any person who violates the overloading provisions of |
315 | this chapter shall be conclusively presumed to have damaged the |
316 | highways of this state by reason of such overloading, which |
317 | damage is hereby fixed as follows: |
318 | (a) When the excess weight is 200 pounds or less than the |
319 | maximum herein provided, the penalty shall be $10; |
320 | (b) Five cents per pound for each pound of weight in |
321 | excess of the maximum herein provided when the excess weight |
322 | exceeds 200 pounds. However, whenever the gross weight of the |
323 | vehicle or combination of vehicles does not exceed the maximum |
324 | allowable gross weight, the maximum fine for the first 600 |
325 | pounds of unlawful axle weight shall be $10; |
326 | (c) For a vehicle equipped with fully functional idle- |
327 | reduction technology, any penalty shall be calculated by |
328 | reducing the actual gross vehicle weight or the internal bridge |
329 | weight by the certified weight of the idle-reduction technology |
330 | or by 400 pounds, whichever is less. The vehicle operator must |
331 | present written certification of the weight of the idle- |
332 | reduction technology and must demonstrate or certify that the |
333 | idle-reduction technology is fully functional at all times. This |
334 | calculation is not allowed for vehicles described in s. |
335 | 316.535(6); |
336 | (d) An apportionable apportioned motor vehicle, as defined |
337 | in s. 320.01, operating on the highways of this state without |
338 | being properly licensed and registered shall be subject to the |
339 | penalties as herein provided; and |
340 | (e) Vehicles operating on the highways of this state from |
341 | nonmember International Registration Plan jurisdictions which |
342 | are not in compliance with the provisions of s. 316.605 shall be |
343 | subject to the penalties as herein provided. |
344 | Section 16. Paragraph (a) of subsection (5) and subsection |
345 | (10) of section 316.550, Florida Statutes, are amended to read: |
346 | 316.550 Operations not in conformity with law; special |
347 | permits.- |
348 | (5)(a) The Department of Transportation may issue a |
349 | wrecker special blanket permit to authorize a wrecker as defined |
350 | in s. 320.01(40) to tow a disabled vehicle as defined in s. |
351 | 320.01(38) where the combination of the wrecker and the disabled |
352 | vehicle being towed exceeds the maximum weight limits as |
353 | established by s. 316.535. |
354 | (10) Whenever any motor vehicle, or the combination of a |
355 | wrecker as defined in s. 320.01(40) and a towed motor vehicle, |
356 | exceeds any weight or dimensional criteria or special |
357 | operational or safety stipulation contained in a special permit |
358 | issued under the provisions of this section, the penalty |
359 | assessed to the owner or operator shall be as follows: |
360 | (a) For violation of weight criteria contained in a |
361 | special permit, the penalty per pound or portion thereof |
362 | exceeding the permitted weight shall be as provided in s. |
363 | 316.545. |
364 | (b) For each violation of dimensional criteria in a |
365 | special permit, the penalty shall be as provided in s. 316.516 |
366 | and penalties for multiple violations of dimensional criteria |
367 | shall be cumulative except that the total penalty for the |
368 | vehicle shall not exceed $1,000. |
369 | (c) For each violation of an operational or safety |
370 | stipulation in a special permit, the penalty shall be an amount |
371 | not to exceed $1,000 per violation and penalties for multiple |
372 | violations of operational or safety stipulations shall be |
373 | cumulative except that the total penalty for the vehicle shall |
374 | not exceed $1,000. |
375 | (d) For violation of any special condition that has been |
376 | prescribed in the rules of the Department of Transportation and |
377 | declared on the permit, the vehicle shall be determined to be |
378 | out of conformance with the permit and the permit shall be |
379 | declared null and void for the vehicle, and weight and |
380 | dimensional limits for the vehicle shall be as established in s. |
381 | 316.515 or s. 316.535, whichever is applicable, and: |
382 | 1. For weight violations, a penalty as provided in s. |
383 | 316.545 shall be assessed for those weights which exceed the |
384 | limits thus established for the vehicle; and |
385 | 2. For dimensional, operational, or safety violations, a |
386 | penalty as established in paragraph (c) or s. 316.516, whichever |
387 | is applicable, shall be assessed for each nonconforming |
388 | dimensional, operational, or safety violation and the penalties |
389 | for multiple violations shall be cumulative for the vehicle. |
390 | Section 17. Subsection (5) of section 316.613, Florida |
391 | Statutes, is renumbered as subsection (6), and a new subsection |
392 | (5) is added to that section to read: |
393 | 316.613 Child restraint requirements.- |
394 | (5) The child restraint requirements imposed by this |
395 | section do not apply to a chauffeur-driven taxi, limousine, |
396 | sedan, van, bus, motor coach, or other passenger vehicle if the |
397 | operator and the motor vehicle are hired and used for the |
398 | transportation of persons for compensation. It is the obligation |
399 | and responsibility of the parent, guardian, or other person |
400 | responsible for a child's welfare, as defined in s. 39.01(47), |
401 | to comply with the requirements of this section. |
402 | Section 18. Subsection (9) of section 317.0003, Florida |
403 | Statutes, is amended to read: |
404 | 317.0003 Definitions.-As used in this chapter, the term: |
405 | (9) "ROV" means any motorized recreational off-highway |
406 | vehicle 64 inches or less in width, having a dry weight of 2,000 |
407 | pounds or less, designed to travel on four or more nonhighway |
408 | tires, having nonstraddle seating and a steering wheel, and |
409 | manufactured for recreational use by one or more persons. The |
410 | term "ROV" does not include a golf cart as defined in ss. |
411 | 320.01(22) and 316.003(68) or a low-speed vehicle as defined in |
412 | s. 320.01(42). |
413 | Section 19. Section 317.0016, Florida Statutes, is amended |
414 | to read: |
415 | 317.0016 Expedited service; applications; fees.-The |
416 | department shall provide, through its agents and for use by the |
417 | public, expedited service on title transfers, title issuances, |
418 | duplicate titles, and recordation of liens, and certificates of |
419 | repossession. A fee of $7 shall be charged for this service, |
420 | which is in addition to the fees imposed by ss. 317.0007 and |
421 | 317.0008, and $3.50 of this fee shall be retained by the |
422 | processing agency. All remaining fees shall be deposited in the |
423 | Incidental Trust Fund of the Division of Forestry of the |
424 | Department of Agriculture and Consumer Services. Application for |
425 | expedited service may be made by mail or in person. The |
426 | department shall issue each title applied for pursuant to this |
427 | section within 5 working days after receipt of the application |
428 | except for an application for a duplicate title certificate |
429 | covered by s. 317.0008(3), in which case the title must be |
430 | issued within 5 working days after compliance with the |
431 | department's verification requirements. |
432 | Section 20. Subsection (9) and paragraph (a) of subsection |
433 | (10) of section 318.14, Florida Statutes, are amended to read: |
434 | 318.14 Noncriminal traffic infractions; exception; |
435 | procedures.- |
436 | (9) Any person who does not hold a commercial driver's |
437 | license and who is cited while driving a noncommercial motor |
438 | vehicle for an infraction under this section other than a |
439 | violation of s. 316.183(2), s. 316.187, or s. 316.189 when the |
440 | driver exceeds the posted limit by 30 miles per hour or more, s. |
441 | 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. |
442 | 322.61, or s. 322.62 may, in lieu of a court appearance, elect |
443 | to attend in the location of his or her choice within this state |
444 | a basic driver improvement course approved by the Department of |
445 | Highway Safety and Motor Vehicles. In such a case, adjudication |
446 | must be withheld and points, as provided by s. 322.27, may not |
447 | be assessed. However, a person may not make an election under |
448 | this subsection if the person has made an election under this |
449 | subsection in the preceding 12 months. A person may make no more |
450 | than five elections within his or her lifetime under this |
451 | subsection. The requirement for community service under s. |
452 | 318.18(8) is not waived by a plea of nolo contendere or by the |
453 | withholding of adjudication of guilt by a court. If a person |
454 | makes an election to attend a basic driver improvement course |
455 | under this subsection, 18 percent of the civil penalty imposed |
456 | under s. 318.18(3) shall be deposited in the State Courts |
457 | Revenue Trust Fund; however, that portion is not revenue for |
458 | purposes of s. 28.36 and may not be used in establishing the |
459 | budget of the clerk of the court under that section or s. 28.35. |
460 | (10)(a) Any person who does not hold a commercial driver's |
461 | license and who is cited while driving a noncommercial motor |
462 | vehicle for an offense listed under this subsection may, in lieu |
463 | of payment of fine or court appearance, elect to enter a plea of |
464 | nolo contendere and provide proof of compliance to the clerk of |
465 | the court, designated official, or authorized operator of a |
466 | traffic violations bureau. In such case, adjudication shall be |
467 | withheld; however, no election shall be made under this |
468 | subsection if such person has made an election under this |
469 | subsection in the 12 months preceding election hereunder. No |
470 | person may make more than three elections under this subsection. |
471 | This subsection applies to the following offenses: |
472 | 1. Operating a motor vehicle without a valid driver's |
473 | license in violation of the provisions of s. 322.03, s. 322.065, |
474 | or s. 322.15(1), or operating a motor vehicle with a license |
475 | that has been suspended for failure to appear, failure to pay |
476 | civil penalty, or failure to attend a driver improvement course |
477 | pursuant to s. 322.291. |
478 | 2. Operating a motor vehicle without a valid registration |
479 | in violation of s. 320.0605, s. 320.07, or s. 320.131. |
480 | 3. Operating a motor vehicle in violation of s. 316.646. |
481 | 4. Operating a motor vehicle with a license that has been |
482 | suspended under s. 61.13016 or s. 322.245 for failure to pay |
483 | child support or for failure to pay any other financial |
484 | obligation as provided in s. 322.245; however, this subparagraph |
485 | does not apply if the license has been suspended pursuant to s. |
486 | 322.245(1). |
487 | 5. Operating a motor vehicle with a license that has been |
488 | suspended under s. 322.091 for failure to meet school attendance |
489 | requirements. |
490 | Section 21. Paragraph (a) of subsection (2) of section |
491 | 318.1451, Florida Statutes, is amended to read: |
492 | 318.1451 Driver improvement schools.- |
493 | (2)(a) In determining whether to approve the courses |
494 | referenced in this section, the department shall consider course |
495 | content designed to promote safety, driver awareness, crash |
496 | avoidance techniques, the dangers of driving while distracted, |
497 | which must specifically include the use of technology while |
498 | driving, and other factors or criteria to improve driver |
499 | performance from a safety viewpoint. |
500 | Section 22. Paragraph (a) of subsection (1) of section |
501 | 318.15, Florida Statutes, is amended, and paragraph (c) is added |
502 | to that subsection, to read: |
503 | 318.15 Failure to comply with civil penalty or to appear; |
504 | penalty.- |
505 | (1)(a) If a person fails to comply with the civil |
506 | penalties provided in s. 318.18 within the time period specified |
507 | in s. 318.14(4), fails to enter into or comply with the terms of |
508 | a penalty payment plan with the clerk of the court in accordance |
509 | with ss. 318.14 and 28.246, fails to attend driver improvement |
510 | school, or fails to appear at a scheduled hearing, the clerk of |
511 | the court shall notify the Division of Driver Licenses of the |
512 | Department of Highway Safety and Motor Vehicles of such failure |
513 | within 10 days after such failure. Upon receipt of such notice, |
514 | the department shall immediately issue an order suspending the |
515 | driver's license and privilege to drive of such person effective |
516 | 20 days after the date the order of suspension is mailed in |
517 | accordance with s. 322.251(1), (2), and (6). Any such suspension |
518 | of the driving privilege which has not been reinstated, |
519 | including a similar suspension imposed outside Florida, shall |
520 | remain on the records of the department for a period of 7 years |
521 | from the date imposed and shall be removed from the records |
522 | after the expiration of 7 years from the date it is imposed. |
523 | (c) A person charged with a traffic infraction may request |
524 | a hearing within 180 days after the date of the violation, |
525 | regardless of any action taken by the court or the department to |
526 | suspend the driving privilege of the person, and, upon request, |
527 | the clerk must set the case for hearing. The person shall be |
528 | given a form for requesting that the driving privilege be |
529 | reinstated. If the 180th day after the date of the violation is |
530 | a Saturday, Sunday, or a legal holiday, then the person charged |
531 | must request the hearing within 177 days after the violation; |
532 | however, the court may grant a request for a hearing made after |
533 | 180 days after the alleged offense. This paragraph does not |
534 | affect the assessment of late fees as otherwise provided in this |
535 | chapter. |
536 | Section 23. Section 319.14, Florida Statutes, is amended |
537 | to read: |
538 | 319.14 Sale of motor vehicles registered or used as |
539 | taxicabs, police vehicles, lease vehicles, or rebuilt vehicles, |
540 | and nonconforming vehicles, custom vehicles, or street rod |
541 | vehicles.- |
542 | (1)(a) A No person may not shall knowingly offer for sale, |
543 | sell, or exchange any vehicle that has been licensed, |
544 | registered, or used as a taxicab, police vehicle, or short-term- |
545 | lease vehicle, or a vehicle that has been repurchased by a |
546 | manufacturer pursuant to a settlement, determination, or |
547 | decision under chapter 681, until the department has stamped in |
548 | a conspicuous place on the certificate of title of the vehicle, |
549 | or its duplicate, words stating the nature of the previous use |
550 | of the vehicle or the title has been stamped "Manufacturer's Buy |
551 | Back" to reflect that the vehicle is a nonconforming vehicle. If |
552 | the certificate of title or duplicate was not so stamped upon |
553 | initial issuance thereof or if, subsequent to initial issuance |
554 | of the title, the use of the vehicle is changed to a use |
555 | requiring the notation provided for in this section, the owner |
556 | or lienholder of the vehicle shall surrender the certificate of |
557 | title or duplicate to the department before prior to offering |
558 | the vehicle for sale, and the department shall stamp the |
559 | certificate or duplicate as required herein. If When a vehicle |
560 | has been repurchased by a manufacturer pursuant to a settlement, |
561 | determination, or decision under chapter 681, the title shall be |
562 | stamped "Manufacturer's Buy Back" to reflect that the vehicle is |
563 | a nonconforming vehicle. |
564 | (b) A No person may not shall knowingly offer for sale, |
565 | sell, or exchange a rebuilt vehicle until the department has |
566 | stamped in a conspicuous place on the certificate of title for |
567 | the vehicle words stating that the vehicle has been rebuilt or |
568 | assembled from parts, or is a kit car, glider kit, replica, or |
569 | flood vehicle, custom vehicle, or street rod vehicle unless |
570 | proper application for a certificate of title for a vehicle that |
571 | is rebuilt or assembled from parts, or is a kit car, glider kit, |
572 | replica, or flood vehicle, custom vehicle, or street rod vehicle |
573 | has been made to the department in accordance with this chapter |
574 | and the department has conducted the physical examination of the |
575 | vehicle to assure the identity of the vehicle and all major |
576 | component parts, as defined in s. 319.30(1), which have been |
577 | repaired or replaced. Thereafter, the department shall affix a |
578 | decal to the vehicle, in the manner prescribed by the |
579 | department, showing the vehicle to be rebuilt. A vehicle may not |
580 | be inspected or issued a rebuilt title until all major component |
581 | parts, as defined in s. 319.30, which were damaged have been |
582 | repaired or replaced. |
583 | (c) As used in this section, the term: |
584 | 1. "Police vehicle" means a motor vehicle owned or leased |
585 | by the state or a county or municipality and used in law |
586 | enforcement. |
587 | 2.a. "Short-term-lease vehicle" means a motor vehicle |
588 | leased without a driver and under a written agreement to one or |
589 | more persons from time to time for a period of less than 12 |
590 | months. |
591 | b. "Long-term-lease vehicle" means a motor vehicle leased |
592 | without a driver and under a written agreement to one person for |
593 | a period of 12 months or longer. |
594 | c. "Lease vehicle" includes both short-term-lease vehicles |
595 | and long-term-lease vehicles. |
596 | 3. "Rebuilt vehicle" means a motor vehicle or mobile home |
597 | built from salvage or junk, as defined in s. 319.30(1). |
598 | 4. "Assembled from parts" means a motor vehicle or mobile |
599 | home assembled from parts or combined from parts of motor |
600 | vehicles or mobile homes, new or used. "Assembled from parts" |
601 | does not mean a motor vehicle defined as a "rebuilt vehicle" in |
602 | subparagraph 3., which has been declared a total loss pursuant |
603 | to s. 319.30. |
604 | 5. "Kit car" means a motor vehicle assembled with a kit |
605 | supplied by a manufacturer to rebuild a wrecked or outdated |
606 | motor vehicle with a new body kit. |
607 | 6. "Glider kit" means a vehicle assembled with a kit |
608 | supplied by a manufacturer to rebuild a wrecked or outdated |
609 | truck or truck tractor. |
610 | 7. "Replica" means a complete new motor vehicle |
611 | manufactured to look like an old vehicle. |
612 | 8. "Flood vehicle" means a motor vehicle or mobile home |
613 | that has been declared to be a total loss pursuant to s. |
614 | 319.30(3)(a) resulting from damage caused by water. |
615 | 9. "Nonconforming vehicle" means a motor vehicle which has |
616 | been purchased by a manufacturer pursuant to a settlement, |
617 | determination, or decision under chapter 681. |
618 | 10. "Settlement" means an agreement entered into between a |
619 | manufacturer and a consumer that occurs after a dispute is |
620 | submitted to a program, or an informal dispute settlement |
621 | procedure established by a manufacturer or is approved for |
622 | arbitration before the New Motor Vehicle Arbitration Board as |
623 | defined in s. 681.102. |
624 | 11. "Custom vehicle" means a motor vehicle that: |
625 | a. Is 25 years of age or older and of a model year after |
626 | 1948, or was manufactured to resemble a vehicle that is 25 years |
627 | of age or older and of a model year after 1948; and |
628 | b. Has been altered from the manufacturer's original |
629 | design or has a body constructed from nonoriginal materials. |
630 |
|
631 | The model year and year of manufacture which the body of a |
632 | custom vehicle resembles is the model year and year of |
633 | manufacture listed on the certificate of title, regardless of |
634 | when the vehicle was actually manufactured. |
635 | 12. "Street rod" means a motor vehicle that: |
636 | a. Is a model year of 1948 or older or was manufactured |
637 | after 1948 to resemble a vehicle of a model year of 1948 or |
638 | older; and |
639 | b. Has been altered from the manufacturer's original |
640 | design or has a body constructed from nonoriginal materials. |
641 |
|
642 | The model year and year of manufacture which the body of a |
643 | street rod resembles is the model year and year of manufacture |
644 | listed on the certificate of title, regardless of when the |
645 | vehicle was actually manufactured. |
646 | (2) A No person may not shall knowingly sell, exchange, or |
647 | transfer a vehicle referred to in subsection (1) without, before |
648 | prior to consummating the sale, exchange, or transfer, |
649 | disclosing in writing to the purchaser, customer, or transferee |
650 | the fact that the vehicle has previously been titled, |
651 | registered, or used as a taxicab, police vehicle, or short-term- |
652 | lease vehicle, or is a vehicle that is rebuilt or assembled from |
653 | parts, or is a kit car, glider kit, replica, or flood vehicle, |
654 | or is a nonconforming vehicle, custom vehicle, or street rod |
655 | vehicle, as the case may be. |
656 | (3) Any person who, with intent to offer for sale or |
657 | exchange any vehicle referred to in subsection (1), knowingly or |
658 | intentionally advertises, publishes, disseminates, circulates, |
659 | or places before the public in any communications medium, |
660 | whether directly or indirectly, any offer to sell or exchange |
661 | the vehicle shall clearly and precisely state in each such offer |
662 | that the vehicle has previously been titled, registered, or used |
663 | as a taxicab, police vehicle, or short-term-lease vehicle or |
664 | that the vehicle or mobile home is a vehicle that is rebuilt or |
665 | assembled from parts, or is a kit car, glider kit, replica, or |
666 | flood vehicle, or is a nonconforming vehicle, custom vehicle, or |
667 | street rod vehicle, as the case may be. Any person who violates |
668 | this subsection commits a misdemeanor of the second degree, |
669 | punishable as provided in s. 775.082 or s. 775.083. |
670 | (4) If When a certificate of title, including a foreign |
671 | certificate, is branded to reflect a condition or prior use of |
672 | the titled vehicle, the brand must be noted on the registration |
673 | certificate of the vehicle and such brand shall be carried |
674 | forward on all subsequent certificates of title and registration |
675 | certificates issued for the life of the vehicle. |
676 | (5) Any person who knowingly sells, exchanges, or offers |
677 | to sell or exchange a motor vehicle or mobile home contrary to |
678 | the provisions of this section or any officer, agent, or |
679 | employee of a person who knowingly authorizes, directs, aids in, |
680 | or consents to the sale, exchange, or offer to sell or exchange |
681 | a motor vehicle or mobile home contrary to the provisions of |
682 | this section commits a misdemeanor of the second degree, |
683 | punishable as provided in s. 775.082 or s. 775.083. |
684 | (6) Any person who removes a rebuilt decal from a rebuilt |
685 | vehicle with the intent to conceal the rebuilt status of the |
686 | vehicle commits a felony of the third degree, punishable as |
687 | provided in s. 775.082, s. 775.083, or s. 775.084. |
688 | (7) This section applies to a mobile home, travel trailer, |
689 | camping trailer, truck camper, or fifth-wheel recreation trailer |
690 | only when the such mobile home or vehicle is a rebuilt vehicle |
691 | or is assembled from parts. |
692 | (8) A No person is not shall be liable or accountable in |
693 | any civil action arising out of a violation of this section if |
694 | the designation of the previous use or condition of the motor |
695 | vehicle is not noted on the certificate of title and |
696 | registration certificate of the vehicle which was received by, |
697 | or delivered to, such person, unless the such person has |
698 | actively concealed the prior use or condition of the vehicle |
699 | from the purchaser. |
700 | (9) Subsections (1), (2), and (3) do not apply to the |
701 | transfer of ownership of a motor vehicle after the motor vehicle |
702 | has ceased to be used as a lease vehicle and the ownership has |
703 | been transferred to an owner for private use or to the transfer |
704 | of ownership of a nonconforming vehicle with 36,000 or more |
705 | miles on its odometer, or 34 months whichever is later and the |
706 | ownership has been transferred to an owner for private use. Such |
707 | owner, as shown on the title certificate, may request the |
708 | department to issue a corrected certificate of title that does |
709 | not contain the statement of the previous use of the vehicle as |
710 | a lease vehicle or condition as a nonconforming vehicle. |
711 | Section 24. Section 319.225, Florida Statutes, is amended |
712 | to read: |
713 | 319.225 Transfer and reassignment forms; odometer |
714 | disclosure statements.- |
715 | (1) Every certificate of title issued by the department |
716 | must contain the following statement on its reverse side: |
717 | "Federal and state law require the completion of the odometer |
718 | statement set out below. Failure to complete or providing false |
719 | information may result in fines, imprisonment, or both." |
720 | (2) Each certificate of title issued by the department |
721 | must contain on its reverse side a form for transfer of title by |
722 | the titleholder of record, which form must contain an odometer |
723 | disclosure statement in the form required by 49 C.F.R. s. 580.5. |
724 | (3) Each certificate of title issued by the department |
725 | must contain on its reverse side as many forms as space allows |
726 | for reassignment of title by a licensed dealer as permitted by |
727 | s. 319.21(3), which form or forms shall contain an odometer |
728 | disclosure statement in the form required by 49 C.F.R. s. 580.5. |
729 | When all dealer reassignment forms provided on the back of the |
730 | title certificate have been filled in, a dealer may reassign the |
731 | title certificate by using a separate dealer reassignment form |
732 | issued by the department in compliance with 49 C.F.R. ss. 580.4 |
733 | and 580.5, which form shall contain an original, two carbon |
734 | copies one of which shall be submitted directly to the |
735 | department by the dealer within 5 business days after the |
736 | transfer and a copy, one of which shall be retained by the |
737 | dealer in his or her records for 5 years. The provisions of this |
738 | subsection shall also apply to vehicles not previously titled in |
739 | this state and vehicles whose title certificates do not contain |
740 | the forms required by this section. |
741 | (4) Upon transfer or reassignment of a certificate of |
742 | title to a used motor vehicle, the transferor shall complete the |
743 | odometer disclosure statement provided for by this section and |
744 | the transferee shall acknowledge the disclosure by signing and |
745 | printing his or her name in the spaces provided. This subsection |
746 | does not apply to a vehicle that has a gross vehicle rating of |
747 | more than 16,000 pounds, a vehicle that is not self-propelled, |
748 | or a vehicle that is 10 years old or older. A lessor who |
749 | transfers title to his or her vehicle without obtaining |
750 | possession of the vehicle shall make odometer disclosure as |
751 | provided by 49 C.F.R. s. 580.7. Any person who fails to complete |
752 | or acknowledge a disclosure statement as required by this |
753 | subsection commits is guilty of a misdemeanor of the second |
754 | degree, punishable as provided in s. 775.082 or s. 775.083. The |
755 | department may not issue a certificate of title unless this |
756 | subsection has been complied with. |
757 | (5) The same person may not sign a disclosure statement as |
758 | both the transferor and the transferee in the same transaction |
759 | except as provided in subsection (6). |
760 | (6)(a) If the certificate of title is physically held by a |
761 | lienholder, the transferor may give a power of attorney to his |
762 | or her transferee for the purpose of odometer disclosure. The |
763 | power of attorney must be on a form issued or authorized by the |
764 | department, which form must be in compliance with 49 C.F.R. ss. |
765 | 580.4 and 580.13. The department shall not require the signature |
766 | of the transferor to be notarized on the form; however, in lieu |
767 | of notarization, the form shall include an affidavit with the |
768 | following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I |
769 | HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT |
770 | ARE TRUE. The transferee shall sign the power of attorney form, |
771 | print his or her name, and return a copy of the power of |
772 | attorney form to the transferor. Upon receipt of a title |
773 | certificate, the transferee shall complete the space for mileage |
774 | disclosure on the title certificate exactly as the mileage was |
775 | disclosed by the transferor on the power of attorney form. If |
776 | the transferee is a licensed motor vehicle dealer who is |
777 | transferring the vehicle to a retail purchaser, the dealer shall |
778 | make application on behalf of the retail purchaser as provided |
779 | in s. 319.23(6) and shall submit the original power of attorney |
780 | form to the department with the application for title and the |
781 | transferor's title certificate; otherwise, a dealer may reassign |
782 | the title certificate by using the dealer reassignment form in |
783 | the manner prescribed in subsection (3), and, at the time of |
784 | physical transfer of the vehicle, the original power of attorney |
785 | shall be delivered to the person designated as the transferee of |
786 | the dealer on the dealer reassignment form. A copy of the |
787 | executed power of attorney shall be submitted to the department |
788 | with a copy of the executed dealer reassignment form within 5 |
789 | business days after the certificate of title and dealer |
790 | reassignment form are delivered by the dealer to its transferee. |
791 | (b) If the certificate of title is lost or otherwise |
792 | unavailable, the transferor may give a power of attorney to his |
793 | or her transferee for the purpose of odometer disclosure. The |
794 | power of attorney must be on a form issued or authorized by the |
795 | department, which form must be in compliance with 49 C.F.R. ss. |
796 | 580.4 and 580.13. The department shall not require the signature |
797 | of the transferor to be notarized on the form; however, in lieu |
798 | of notarization, the form shall include an affidavit with the |
799 | following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I |
800 | HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT |
801 | ARE TRUE. The transferee shall sign the power of attorney form, |
802 | print his or her name, and return a copy of the power of |
803 | attorney form to the transferor. Upon receipt of the title |
804 | certificate or a duplicate title certificate, the transferee |
805 | shall complete the space for mileage disclosure on the title |
806 | certificate exactly as the mileage was disclosed by the |
807 | transferor on the power of attorney form. If the transferee is a |
808 | licensed motor vehicle dealer who is transferring the vehicle to |
809 | a retail purchaser, the dealer shall make application on behalf |
810 | of the retail purchaser as provided in s. 319.23(6) and shall |
811 | submit the original power of attorney form to the department |
812 | with the application for title and the transferor's title |
813 | certificate or duplicate title certificate; otherwise, a dealer |
814 | may reassign the title certificate by using the dealer |
815 | reassignment form in the manner prescribed in subsection (3), |
816 | and, at the time of physical transfer of the vehicle, the |
817 | original power of attorney shall be delivered to the person |
818 | designated as the transferee of the dealer on the dealer |
819 | reassignment form. If the dealer sells the vehicle to an out-of- |
820 | state resident or an out-of-state dealer and the power of |
821 | attorney form is applicable to the transaction, the dealer must |
822 | photocopy the completed original of the form and mail it |
823 | directly to the department within 5 business days after the |
824 | certificate of title and dealer reassignment form are delivered |
825 | by the dealer to the purchaser. A copy of the executed power of |
826 | attorney shall be submitted to the department with a copy of the |
827 | executed dealer reassignment form within 5 business days after |
828 | the duplicate certificate of title and dealer reassignment form |
829 | are delivered by the dealer to its transferee. |
830 | (c) If the mechanics of the transfer of title to a motor |
831 | vehicle in accordance with the provisions of paragraph (a) or |
832 | paragraph (b) are determined to be incompatible with and |
833 | unlawful under the provisions of 49 C.F.R. part 580, the |
834 | transfer of title to a motor vehicle by operation of this |
835 | subsection can be effected in any manner not inconsistent with |
836 | 49 C.F.R. part 580 and Florida law; provided, any power of |
837 | attorney form issued or authorized by the department under this |
838 | subsection shall contain an original, two carbon copies, one of |
839 | which shall be submitted directly to the department by the |
840 | dealer within 5 business days of use by the dealer to effect |
841 | transfer of a title certificate as provided in paragraphs (a) |
842 | and (b) and a copy, one of which shall be retained by the dealer |
843 | in its records for 5 years. |
844 | (d) Any person who fails to complete the information |
845 | required by this subsection or to file with the department the |
846 | forms required by this subsection commits is guilty of a |
847 | misdemeanor of the second degree, punishable as provided in s. |
848 | 775.082 or s. 775.083. The department shall not issue a |
849 | certificate of title unless this subsection has been complied |
850 | with. |
851 | (7) Subject to approval by the National Highway Traffic |
852 | Safety Administration or any other applicable authority, if a |
853 | title is held electronically and the transferee agrees to |
854 | maintain the title electronically, the transferor and transferee |
855 | shall complete a secure reassignment document that discloses the |
856 | odometer reading and is signed by both the transferor and |
857 | transferee at the tax collector's office or license plate |
858 | agency. A dealer acquiring a motor vehicle that has an |
859 | electronic title shall use a secure reassignment document signed |
860 | by the person from whom the dealer acquired the motor vehicle. |
861 | Upon transferring the motor vehicle to a purchaser, a separate |
862 | reassignment document shall be executed. |
863 | (8)(7) Each certificate of title issued by the department |
864 | must contain on its reverse side a minimum of three four spaces |
865 | for notation of the name and license number of any auction |
866 | through which the vehicle is sold and the date the vehicle was |
867 | auctioned. Each separate dealer reassignment form issued by the |
868 | department must also have the space referred to in this section. |
869 | When a transfer of title is made at a motor vehicle auction, the |
870 | reassignment must note the name and address of the auction, but |
871 | the auction shall not thereby be deemed to be the owner, seller, |
872 | transferor, or assignor of title. A motor vehicle auction is |
873 | required to execute a dealer reassignment only when it is the |
874 | owner of a vehicle being sold. |
875 | (9)(8) Upon transfer or reassignment of a used motor |
876 | vehicle through the services of an auction, the auction shall |
877 | complete the information in the space provided for by subsection |
878 | (8) (7). Any person who fails to complete the information as |
879 | required by this subsection commits is guilty of a misdemeanor |
880 | of the second degree, punishable as provided in s. 775.082 or s. |
881 | 775.083. The department shall not issue a certificate of title |
882 | unless this subsection has been complied with. |
883 | (10)(9) This section shall be construed to conform to 49 |
884 | C.F.R. part 580. |
885 | Section 25. Subsection (6) of section 319.23, Florida |
886 | Statutes, is amended, present subsections (7) through (11) of |
887 | that section are renumbered as subsections (8) through (12), |
888 | respectively, and a new subsection (7) is added to that |
889 | section, to read: |
890 | 319.23 Application for, and issuance of, certificate of |
891 | title.- |
892 | (6)(a) In the case of the sale of a motor vehicle or |
893 | mobile home by a licensed dealer to a general purchaser, the |
894 | certificate of title must be obtained in the name of the |
895 | purchaser by the dealer upon application signed by the |
896 | purchaser, and in each other case such certificate must be |
897 | obtained by the purchaser. In each case of transfer of a motor |
898 | vehicle or mobile home, the application for a certificate of |
899 | title, a corrected certificate, or an assignment or reassignment |
900 | must be filed within 30 days after the delivery of the motor |
901 | vehicle or from consummation of the sale of a mobile home to the |
902 | purchaser. An applicant must pay a fee of $20, in addition to |
903 | all other fees and penalties required by law, for failing to |
904 | file such application within the specified time. In the case of |
905 | the sale of a motor vehicle by a licensed motor vehicle dealer |
906 | to a general purchaser who resides in another state or country, |
907 | the dealer is not required to apply for a certificate of title |
908 | for the motor vehicle; however, the dealer must transfer |
909 | ownership and reassign the certificate of title or |
910 | manufacturer's certificate of origin to the purchaser, and the |
911 | purchaser must sign an affidavit, as approved by the department, |
912 | that the purchaser will title and register the motor vehicle in |
913 | another state or country. |
914 | (b) If a licensed dealer acquires a motor vehicle or |
915 | mobile home as a trade-in, the dealer must file with the |
916 | department, within 30 days, a notice of sale signed by the |
917 | seller. The department shall update its database for that title |
918 | record to indicate "sold." A licensed dealer need not apply for |
919 | a certificate of title for any motor vehicle or mobile home in |
920 | stock acquired for stock purposes except as provided in s. |
921 | 319.225. |
922 | (7) If an applicant for a certificate of title is unable |
923 | to provide the department with a certificate of title that |
924 | assigns the prior owner's interest in the motor vehicle, the |
925 | department may accept a bond in the form prescribed by the |
926 | department, along with an affidavit in a form prescribed by the |
927 | department, which includes verification of the vehicle |
928 | identification number and an application for title. |
929 | (a) The bond must be: |
930 | 1. In a form prescribed by the department; |
931 | 2. Executed by the applicant; |
932 | 3. Issued by a person authorized to conduct a surety |
933 | business in this state; |
934 | 4. In an amount equal to two times the value of the |
935 | vehicle as determined by the department; and |
936 | 5. Conditioned to indemnify all prior owners and |
937 | lienholders and all subsequent purchasers of the vehicle or |
938 | persons who acquire a security interest in the vehicle, and |
939 | their successors in interest, against any expense, loss, or |
940 | damage, including reasonable attorney's fees, occurring because |
941 | of the issuance of the certificate of title for the vehicle or |
942 | for a defect in or undisclosed security interest on the right, |
943 | title, or interest of the applicant to the vehicle. |
944 | (b) An interested person has a right to recover on the |
945 | bond for a breach of the bond's condition. The aggregate |
946 | liability of the surety to all persons may not exceed the amount |
947 | of the bond. |
948 | (c) A bond under this subsection expires on the third |
949 | anniversary of the date the bond became effective. |
950 | (d) The affidavit must: |
951 | 1. Be in a form prescribed by the department; |
952 | 2. Include the facts and circumstances through which the |
953 | applicant acquired ownership and possession of the motor |
954 | vehicle; |
955 | 3. Disclose that no security interests, liens, or |
956 | encumbrances against the motor vehicle are known to the |
957 | applicant against the motor vehicle; and |
958 | 4. State that the applicant has the right to have a |
959 | certificate of title issued. |
960 | Section 26. Paragraph (b) of subsection (2) of section |
961 | 319.28, Florida Statutes, is amended, and subsection (3) is |
962 | added to that section, to read: |
963 | 319.28 Transfer of ownership by operation of law.- |
964 | (2) |
965 | (b) In case of repossession of a motor vehicle or mobile |
966 | home pursuant to the terms of a security agreement or similar |
967 | instrument, an affidavit by the party to whom possession has |
968 | passed stating that the vehicle or mobile home was repossessed |
969 | upon default in the terms of the security agreement or other |
970 | instrument shall be considered satisfactory proof of ownership |
971 | and right of possession. At least 5 days before prior to selling |
972 | the repossessed vehicle, any subsequent lienholder named in the |
973 | last issued certificate of title shall be sent notice of the |
974 | repossession by certified mail, on a form prescribed by the |
975 | department. If such notice is given and no written protest to |
976 | the department is presented by a subsequent lienholder within 15 |
977 | days after from the date on which the notice was mailed, the |
978 | certificate of title or the certificate of repossession shall be |
979 | issued showing no liens. If the former owner or any subsequent |
980 | lienholder files a written protest under oath within such 15-day |
981 | period, the department shall not issue the certificate of title |
982 | or certificate of repossession for 10 days thereafter. If within |
983 | the 10-day period no injunction or other order of a court of |
984 | competent jurisdiction has been served on the department |
985 | commanding it not to deliver the certificate of title or |
986 | certificate of repossession, the department shall deliver the |
987 | certificate of title or repossession to the applicant or as may |
988 | otherwise be directed in the application showing no other liens |
989 | than those shown in the application. Any lienholder who has |
990 | repossessed a vehicle in this state in compliance with the |
991 | provisions of this section must apply to a tax collector's |
992 | office in this state or to the department for a certificate of |
993 | repossession or to the department for a certificate of title |
994 | pursuant to s. 319.323. Proof of the required notice to |
995 | subsequent lienholders shall be submitted together with regular |
996 | title fees. A lienholder to whom a certificate of repossession |
997 | has been issued may assign the certificate of title to the |
998 | subsequent owner. Any person who violates found guilty of |
999 | violating any requirements of this paragraph commits shall be |
1000 | guilty of a felony of the third degree, punishable as provided |
1001 | in s. 775.082, s. 775.083, or s. 775.084. |
1002 | (3) A dealer of farm or industrial equipment, as those |
1003 | terms are used in s. 493.6101(22), conducting a repossession of |
1004 | such equipment is not subject to licensure as a recovery agent |
1005 | or recovery agency if such dealer is regularly engaged in the |
1006 | sale of such equipment for a particular manufacturer and the |
1007 | lender is affiliated with that manufacturer. |
1008 | Section 27. Section 319.323, Florida Statutes, is amended |
1009 | to read: |
1010 | 319.323 Expedited service; applications; fees.-The |
1011 | department shall establish a separate title office which may be |
1012 | used by private citizens and licensed motor vehicle dealers to |
1013 | receive expedited service on title transfers, title issuances, |
1014 | duplicate titles, and recordation of liens, and certificates of |
1015 | repossession. A fee of $10 shall be charged for this service, |
1016 | which fee is in addition to the fees imposed by s. 319.32. The |
1017 | fee, after deducting the amount referenced by s. 319.324 and |
1018 | $3.50 to be retained by the processing agency, shall be |
1019 | deposited into the General Revenue Fund. Application for |
1020 | expedited service may be made by mail or in person. The |
1021 | department shall issue each title applied for under this section |
1022 | within 5 working days after receipt of the application except |
1023 | for an application for a duplicate title certificate covered by |
1024 | s. 319.23(4), in which case the title must be issued within 5 |
1025 | working days after compliance with the department's verification |
1026 | requirements. |
1027 | Section 28. Section 319.40, Florida Statutes, is amended |
1028 | to read: |
1029 | 319.40 Transactions by electronic or telephonic means.- |
1030 | (1) The department may is authorized to accept any |
1031 | application provided for under this chapter by electronic or |
1032 | telephonic means. |
1033 | (2) The department may issue an electronic certificate of |
1034 | title in lieu of printing a paper title. |
1035 | (3) The department may collect and use electronic mail |
1036 | addresses as a notification method in lieu of the United States |
1037 | Postal Service, except for any notice regarding the potential |
1038 | forfeiture or foreclosure of an interest in property. |
1039 | Section 29. Paragraph (a) of subsection (1) of section |
1040 | 320.01, Florida Statutes, is amended, present subsections (24) |
1041 | through (45) are renumbered as subsections (23) through (44), |
1042 | respectively, present subsections (23), (25), and (26) are |
1043 | amended, and a new subsection (45) is added to that section, to |
1044 | read: |
1045 | 320.01 Definitions, general.-As used in the Florida |
1046 | Statutes, except as otherwise provided, the term: |
1047 | (1) "Motor vehicle" means: |
1048 | (a) An automobile, motorcycle, truck, trailer, |
1049 | semitrailer, truck tractor and semitrailer combination, or any |
1050 | other vehicle operated on the roads of this state, used to |
1051 | transport persons or property, and propelled by power other than |
1052 | muscular power, but the term does not include traction engines, |
1053 | road rollers, special mobile equipment as defined in chapter |
1054 | 316, such vehicles as run only upon a track, bicycles, swamp |
1055 | buggies, or mopeds. |
1056 | (23) "Apportioned motor vehicle" means any motor vehicle |
1057 | which is required to be registered, or with respect to which an |
1058 | election has been made to register it, under the International |
1059 | Registration Plan. |
1060 | (24)(25) "Apportionable vehicle" means any vehicle, except |
1061 | recreational vehicles, vehicles displaying restricted plates, |
1062 | city pickup and delivery vehicles, buses used in transportation |
1063 | of chartered parties, and government-owned vehicles, which is |
1064 | used or intended for use in two or more member jurisdictions |
1065 | that allocate or proportionally register vehicles and which is |
1066 | used for the transportation of persons for hire or is designed, |
1067 | used, or maintained primarily for the transportation of property |
1068 | and: |
1069 | (a) Is a power unit having a gross vehicle weight in |
1070 | excess of 26,000 26,001 pounds; |
1071 | (b) Is a power unit having three or more axles, regardless |
1072 | of weight; or |
1073 | (c) Is used in combination, when the weight of such |
1074 | combination exceeds 26,000 26,001 pounds gross vehicle weight. |
1075 |
|
1076 | Vehicles, or combinations thereof, having a gross vehicle weight |
1077 | of 26,000 26,001 pounds or less and two-axle vehicles may be |
1078 | proportionally registered. |
1079 | (25)(26) "Commercial motor vehicle" means any vehicle that |
1080 | which is not owned or operated by a governmental entity, that |
1081 | which uses special fuel or motor fuel on the public highways, |
1082 | and that which has a gross vehicle weight of 26,001 pounds or |
1083 | more, or has three or more axles regardless of weight, or is |
1084 | used in combination when the weight of such combination exceeds |
1085 | 26,000 26,001 pounds gross vehicle weight. A vehicle that |
1086 | occasionally transports personal property to and from a closed- |
1087 | course motorsport facility, as defined in s. 549.09(1)(a), is |
1088 | not a commercial motor vehicle if the use is not for profit and |
1089 | corporate sponsorship is not involved. As used in this |
1090 | subsection, the term "corporate sponsorship" means a payment, |
1091 | donation, gratuity, in-kind service, or other benefit provided |
1092 | to or derived by a person in relation to the underlying |
1093 | activity, other than the display of product or corporate names, |
1094 | logos, or other graphic information on the property being |
1095 | transported. |
1096 | (45) SWAMP BUGGY.-A motorized off-road vehicle designed to |
1097 | travel over swampy terrain, which may utilize large tires or |
1098 | tracks operated from an elevated platform, and may be used upon |
1099 | varied terrain. A swamp buggy does not include any vehicle |
1100 | defined in chapter 261 or otherwise defined or classified in |
1101 | this chapter. A swamp buggy may not be operated upon the public |
1102 | roads, streets, or highways of this state, except to the extent |
1103 | specifically authorized by a state or federal agency to be used |
1104 | exclusively upon lands, managed, owned, or leased by that |
1105 | agency. |
1106 | Section 30. Subsection (2) of section 320.02, Florida |
1107 | Statutes, is amended, paragraphs (o), (p), (q), and (r) are |
1108 | added to subsection (15), and subsection (18) is added to that |
1109 | section, to read: |
1110 | 320.02 Registration required; application for |
1111 | registration; forms.- |
1112 | (2)(a) The application for registration shall include the |
1113 | street address of the owner's permanent residence or the address |
1114 | of his or her permanent place of business and shall be |
1115 | accompanied by personal or business identification information |
1116 | which may include, but need not be limited to, a driver's |
1117 | license number, Florida identification card number, or federal |
1118 | employer identification number. If the owner does not have a |
1119 | permanent residence or permanent place of business or if the |
1120 | owner's permanent residence or permanent place of business |
1121 | cannot be identified by a street address, the application shall |
1122 | include: |
1123 | 1. If the vehicle is registered to a business, the name |
1124 | and street address of the permanent residence of an owner of the |
1125 | business, an officer of the corporation, or an employee who is |
1126 | in a supervisory position. |
1127 | 2. If the vehicle is registered to an individual, the name |
1128 | and street address of the permanent residence of a close |
1129 | relative or friend who is a resident of this state. |
1130 |
|
1131 | If the vehicle is registered to an active-duty military member |
1132 | who is a Florida resident, the member is exempt from the |
1133 | requirement to provide a Florida residential address. |
1134 | (b) The department shall prescribe a form upon which motor |
1135 | vehicle owners may record odometer readings when registering |
1136 | their motor vehicles. |
1137 | (15) |
1138 | (o) The application form for motor vehicle registration |
1139 | and renewal registration must include language permitting the |
1140 | voluntary contribution of $1 to End Hunger in Florida. The |
1141 | proceeds shall be distributed monthly by the department to the |
1142 | Florida Association of Food Banks, Inc., a corporation not for |
1143 | profit under s. 501(c)(3) of the Internal Revenue Code. The |
1144 | funds shall be used by the organization for the purpose of |
1145 | ending hunger in Florida. |
1146 | (p) The application form for motor vehicle registration |
1147 | and renewal of registration must include language permitting a |
1148 | voluntary contribution of $1 to Take Stock In Children. Such |
1149 | contributions shall be transferred by the department each month |
1150 | to Take Stock In Children, Inc. |
1151 | (q) The application form for motor vehicle registration |
1152 | and renewal of registration must include language permitting a |
1153 | voluntary contribution of $1 per applicant for Autism Services |
1154 | and Supports. Such contributions must be transferred by the |
1155 | department each month to the Achievement and Rehabilitation |
1156 | Centers, Inc., Autism Services Fund. |
1157 | (r) The application form for motor vehicle registration |
1158 | and renewal of registration must include language permitting a |
1159 | voluntary contribution of $1 to Support Our Troops, which shall |
1160 | be distributed monthly to Support Our Troops, Inc., a Florida |
1161 | not-for-profit organization. |
1162 |
|
1163 | For the purpose of applying the service charge provided in s. |
1164 | 215.20, contributions received under this subsection are not |
1165 | income of a revenue nature. |
1166 | (18) All electronic registration records shall be retained |
1167 | by the department for not less than 10 years. |
1168 | Section 31. Subsection (9) is added to section 320.023, |
1169 | Florida Statutes, to read: |
1170 | 320.023 Requests to establish voluntary checkoff on motor |
1171 | vehicle registration application.- |
1172 | (9) The department may annually retain from the first |
1173 | proceeds derived from the voluntary contributions collected an |
1174 | amount sufficient to defray for each voluntary contribution the |
1175 | pro rata share of the department's costs directly related to the |
1176 | voluntary contributions program. Such costs include renewal |
1177 | notices, postage, distribution costs, direct costs to the |
1178 | department, and costs associated with reviewing each |
1179 | organization's compliance with the audit and attestation |
1180 | requirements of this section. The revenues retained by the |
1181 | department may not be less than 0.5 percent and may not exceed |
1182 | 1.5 percent. The balance of the proceeds from the voluntary |
1183 | contributions collected shall be distributed as provided by law. |
1184 | Section 32. Subsections (7) and (8) of section 320.03, |
1185 | Florida Statutes, are amended to read: |
1186 | 320.03 Registration; duties of tax collectors; |
1187 | International Registration Plan.- |
1188 | (7) The Department of Highway Safety and Motor Vehicles |
1189 | shall register apportionable apportioned motor vehicles under |
1190 | the provisions of the International Registration Plan. The |
1191 | department may adopt rules to implement and enforce the |
1192 | provisions of the plan. |
1193 | (8) If the applicant's name appears on the list referred |
1194 | to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a |
1195 | license plate or revalidation sticker may not be issued until |
1196 | that person's name no longer appears on the list or until the |
1197 | person presents a receipt from the governmental entity or the |
1198 | clerk of court that provided the data showing that the fines |
1199 | outstanding have been paid. This subsection does not apply to |
1200 | the owner of a leased vehicle if the vehicle is registered in |
1201 | the name of the lessee of the vehicle. The tax collector and the |
1202 | clerk of the court are each entitled to receive monthly, as |
1203 | costs for implementing and administering this subsection, 10 |
1204 | percent of the civil penalties and fines recovered from such |
1205 | persons. As used in this subsection, the term "civil penalties |
1206 | and fines" does not include a wrecker operator's lien as |
1207 | described in s. 713.78(13). If the tax collector has private tag |
1208 | agents, such tag agents are entitled to receive a pro rata share |
1209 | of the amount paid to the tax collector, based upon the |
1210 | percentage of license plates and revalidation stickers issued by |
1211 | the tag agent compared to the total issued within the county. |
1212 | The authority of any private agent to issue license plates shall |
1213 | be revoked, after notice and a hearing as provided in chapter |
1214 | 120, if he or she issues any license plate or revalidation |
1215 | sticker contrary to the provisions of this subsection. This |
1216 | section applies only to the annual renewal in the owner's birth |
1217 | month of a motor vehicle registration and does not apply to the |
1218 | transfer of a registration of a motor vehicle sold by a motor |
1219 | vehicle dealer licensed under this chapter, except for the |
1220 | transfer of registrations which is inclusive of the annual |
1221 | renewals. This section does not affect the issuance of the title |
1222 | to a motor vehicle, notwithstanding s. 319.23(8)(7)(b). |
1223 | Section 33. Paragraph (b) of subsection (3) and subsection |
1224 | (5) of section 320.05, Florida Statutes, are amended to read: |
1225 | 320.05 Records of the department; inspection procedure; |
1226 | lists and searches; fees.- |
1227 | (3) |
1228 | (b) Fees therefor shall be charged and collected as |
1229 | follows: |
1230 | 1. For providing lists of motor vehicle or vessel records |
1231 | for the entire state, or any part or parts thereof, divided |
1232 | according to counties, a sum computed at a rate of not less than |
1233 | 1 cent nor more than 5 cents per item. |
1234 | 2. For providing noncertified photographic copies of motor |
1235 | vehicle or vessel documents, $1 per page. |
1236 | 3. For providing noncertified photographic copies of |
1237 | micrographic records, $1 per page. |
1238 | 4. For providing certified copies of motor vehicle or |
1239 | vessel records, $3 per record. |
1240 | 5. For providing noncertified computer-generated printouts |
1241 | of motor vehicle or vessel records, 50 cents per record. |
1242 | 6. For providing certified computer-generated printouts of |
1243 | motor vehicle or vessel records, $3 per record. |
1244 | 7. For providing electronic access to motor vehicle, |
1245 | vessel, and mobile home registration data requested by tag, |
1246 | vehicle identification number, title number, or decal number, 50 |
1247 | cents per item. |
1248 | 8. For providing electronic access to driver's license |
1249 | status report by name, sex, and date of birth or by driver |
1250 | license number, 50 cents per item. |
1251 | 9. For providing lists of licensed mobile home dealers and |
1252 | manufacturers and recreational vehicle dealers and |
1253 | manufacturers, $15 per list. |
1254 | 10. For providing lists of licensed motor vehicle dealers, |
1255 | $25 per list. |
1256 | 11. For each copy of a videotape record, $15 per tape. |
1257 | 12. For each copy of the Division of Motor Vehicles |
1258 | Procedures Manual, $25. |
1259 | (5) The creation and maintenance of records by the |
1260 | Division of Motorist Services within the department and the |
1261 | Division of Motor Vehicles pursuant to this chapter shall not be |
1262 | regarded as law enforcement functions of agency recordkeeping. |
1263 | Section 34. Section 320.061, Florida Statutes, is amended |
1264 | to read: |
1265 | 320.061 Unlawful to alter motor vehicle registration |
1266 | certificates, temporary license plates, license plates, mobile |
1267 | home stickers, or validation stickers or to obscure license |
1268 | plates; penalty.-No person shall alter the original appearance |
1269 | of any registration license plate, temporary license plate, |
1270 | mobile home sticker, validation sticker, or vehicle registration |
1271 | certificate issued for and assigned to any motor vehicle or |
1272 | mobile home, whether by mutilation, alteration, defacement, or |
1273 | change of color or in any other manner. No person shall apply or |
1274 | attach any substance, reflective matter, illuminated device, |
1275 | spray, coating, covering, or other material onto or around any |
1276 | license plate that interferes with the legibility, angular |
1277 | visibility, or detectability of any feature or detail on the |
1278 | license plate or interferes with the ability to record any |
1279 | feature or detail on the license plate. Any person who violates |
1280 | this section commits a noncriminal traffic infraction, |
1281 | punishable as a moving violation as provided in chapter 318. |
1282 | Section 35. Subsection (1) of section 320.071, Florida |
1283 | Statutes, is amended to read: |
1284 | 320.071 Advance registration renewal; procedures.- |
1285 | (1)(a) The owner of any motor vehicle or mobile home |
1286 | currently registered in this state may file an application for |
1287 | renewal of registration with the department, or its authorized |
1288 | agent in the county wherein the owner resides, any time during |
1289 | the 3 months preceding the date of expiration of the |
1290 | registration period. The registration period may not exceed 27 |
1291 | months. |
1292 | (b) The owner of any apportionable apportioned motor |
1293 | vehicle currently registered in this state under the provisions |
1294 | of the International Registration Plan may file an application |
1295 | for renewal of registration with the department any time during |
1296 | the 3 months preceding the date of expiration of the |
1297 | registration period. |
1298 | Section 36. Subsections (1) and (3) of section 320.0715, |
1299 | Florida Statutes, are amended to read: |
1300 | 320.0715 International Registration Plan; motor carrier |
1301 | services; permits; retention of records.- |
1302 | (1) All apportionable commercial motor vehicles domiciled |
1303 | in this state and engaged in interstate commerce shall be |
1304 | registered in accordance with the provisions of the |
1305 | International Registration Plan and shall display apportioned |
1306 | license plates. |
1307 | (3)(a) If the department is unable to immediately issue |
1308 | the apportioned license plate to an applicant currently |
1309 | registered in this state under the International Registration |
1310 | Plan or to a vehicle currently titled in this state, the |
1311 | department or its designated agent is authorized to issue a 60- |
1312 | day temporary operational permit. The department or agent of the |
1313 | department shall charge a $3 fee and the service charge |
1314 | authorized by s. 320.04 for each temporary operational permit it |
1315 | issues. |
1316 | (b) The department shall in no event issue a temporary |
1317 | operational permit for any apportionable commercial motor |
1318 | vehicle to any applicant until the applicant has shown that: |
1319 | 1. All sales or use taxes due on the registration of the |
1320 | vehicle are paid; and |
1321 | 2. Insurance requirements have been met in accordance with |
1322 | ss. 320.02(5) and 627.7415. |
1323 | (c) Issuance of a temporary operational permit provides |
1324 | commercial motor vehicle registration privileges in each |
1325 | International Registration Plan member jurisdiction designated |
1326 | on said permit and therefore requires payment of all applicable |
1327 | registration fees and taxes due for that period of registration. |
1328 | (d) Application for permanent registration must be made to |
1329 | the department within 10 days following from issuance of a |
1330 | temporary operational permit. Failure to file an application |
1331 | within this 10-day period may result in cancellation of the |
1332 | temporary operational permit. |
1333 | Section 37. Paragraph (d) of subsection (5) of section |
1334 | 320.08, Florida Statutes, is amended to read: |
1335 | 320.08 License taxes.-Except as otherwise provided herein, |
1336 | there are hereby levied and imposed annual license taxes for the |
1337 | operation of motor vehicles, mopeds, motorized bicycles as |
1338 | defined in s. 316.003(2), tri-vehicles as defined in s. 316.003, |
1339 | and mobile homes, as defined in s. 320.01, which shall be paid |
1340 | to and collected by the department or its agent upon the |
1341 | registration or renewal of registration of the following: |
1342 | (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; |
1343 | SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.- |
1344 | (d) A wrecker, as defined in s. 320.01(40), which is used |
1345 | to tow a vessel as defined in s. 327.02(39), a disabled, |
1346 | abandoned, stolen-recovered, or impounded motor vehicle as |
1347 | defined in s. 320.01(38), or a replacement motor vehicle as |
1348 | defined in s. 320.01(39): $41 flat, of which $11 shall be |
1349 | deposited into the General Revenue Fund. |
1350 | Section 38. Subsection (9) of section 320.08056, Florida |
1351 | Statutes, is amended, and paragraph (aaaa) is added to |
1352 | subsection (4) of that section, to read: |
1353 | 320.08056 Specialty license plates.- |
1354 | (4) The following license plate annual use fees shall be |
1355 | collected for the appropriate specialty license plates: |
1356 | (aaaa) Go Green license plate, $25. |
1357 | (9)(a) The organization that requested the specialty |
1358 | license plate may not redesign the specialty license plate |
1359 | unless the inventory of those plates has been depleted. However, |
1360 | the organization may purchase the remaining inventory of the |
1361 | specialty license plates from the department at cost. |
1362 | (b) An organization with a specialty license plate must |
1363 | submit a written request to the department 90 days before the |
1364 | convening of the next regular session of the Legislature in |
1365 | order to change the name of the recipient organization listed in |
1366 | this section or s. 320.08058. |
1367 | Section 39. Paragraph (b) of subsection (48) and |
1368 | subsection (53) of section 320.08058, Florida Statutes, are |
1369 | amended, and subsection (79) is added to that section, to read: |
1370 | 320.08058 Specialty license plates.- |
1371 | (48) LIVE THE DREAM LICENSE PLATES.- |
1372 | (b) The proceeds of the annual use fee shall be |
1373 | distributed to the Florida Dream Foundation, Inc. The Florida |
1374 | Dream Foundation, Inc., shall retain the first $60,000 in |
1375 | proceeds from the annual use fees as reimbursement for |
1376 | administrative costs, startup costs, and costs incurred in the |
1377 | approval process. Thereafter, up to 25 percent shall be used for |
1378 | continuing promotion and marketing of the license plate and |
1379 | concept. The remaining funds shall be used in the following |
1380 | manner: |
1381 | 1. Twenty-five percent shall be distributed equally among |
1382 | the sickle cell organizations that are Florida members of the |
1383 | Sickle Cell Disease Association of America, Inc., for programs |
1384 | that provide research, care, and treatment for sickle cell |
1385 | disease. |
1386 | 2. Twenty-five percent shall be distributed to the Florida |
1387 | chapter of the March of Dimes for programs and services that |
1388 | improve the health of babies through the prevention of birth |
1389 | defects and infant mortality. |
1390 | 3. Ten percent shall be distributed to the Florida |
1391 | Association of Healthy Start Coalitions to decrease racial |
1392 | disparity in infant mortality and to increase healthy birth |
1393 | outcomes. Funding will be used by local Healthy Start Coalitions |
1394 | to provide services and increase screening rates for high-risk |
1395 | pregnant women, children under 4 years of age, and women of |
1396 | childbearing age. |
1397 | 4. Ten percent shall be distributed to the Community |
1398 | Partnership for Homeless, Inc., for programs that provide relief |
1399 | from poverty, hunger, and homelessness. |
1400 | 5. Five percent of the proceeds shall be used by the |
1401 | foundation for administrative costs directly associated with |
1402 | operations as they relate to the management and distribution of |
1403 | the proceeds. |
1404 | (53) SUPPORT SOCCER LICENSE PLATES.- |
1405 | (a) The department shall develop a Support Soccer license |
1406 | plate as provided in this section. Support Soccer license plates |
1407 | must bear the colors and design approved by the department. The |
1408 | word "Florida" must appear at the top of the plate, and the |
1409 | words "Support Soccer" must appear at the bottom of the plate. |
1410 | (b) The annual use fees shall be distributed to the |
1411 | Florida Lighthouse Soccer Foundation, Inc., which shall retain |
1412 | the initial revenues from the sale of such plates until all |
1413 | startup costs for developing and establishing the plate have |
1414 | been recovered, not to exceed $85,000. Thereafter, the proceeds |
1415 | of the annual use fee shall be used in the following manner: |
1416 | 1. Up to 25 percent of the proceeds may be used by the |
1417 | Florida Lighthouse Soccer Foundation, Inc., for continuing |
1418 | promotion and marketing of the license plate and concept. |
1419 | 2. Twenty percent shall be distributed to the Florida |
1420 | Youth Soccer Association for programs and services that foster |
1421 | the physical, mental, and emotional growth and development of |
1422 | Florida's youth through the sport of soccer at all levels of age |
1423 | and competition, including a portion to be determined by the |
1424 | Florida Youth Soccer Association for the TOPSoccer program to |
1425 | promote participation by the physically and mentally |
1426 | disadvantaged. |
1427 | 3. Twenty percent shall be distributed as grants for |
1428 | programs that promote participation by the economically |
1429 | disadvantaged and to support soccer programs where none |
1430 | previously existed. |
1431 | 4. Ten percent shall be distributed to the Florida State |
1432 | Soccer Association to promote the sport of soccer and the long- |
1433 | term development of the sport. |
1434 | 5. Ten percent shall be distributed as grants for programs |
1435 | that promote and support the construction of fields and soccer- |
1436 | specific infrastructure. |
1437 | 6. Ten percent shall be distributed as grants for programs |
1438 | that foster and promote health, physical fitness, and |
1439 | educational opportunities through soccer. |
1440 | 7. Five percent shall be expended by the Florida |
1441 | Lighthouse Soccer Foundation, Inc., for administrative costs |
1442 | directly associated with the foundation's operations as they |
1443 | relate to the management and distribution of the proceeds. |
1444 | (79) GO GREEN LICENSE PLATE.- |
1445 | (a) Notwithstanding the provisions of s. 45 of chapter |
1446 | 2008-176, Laws of Florida, as amended by s. 21 of chapter 2010- |
1447 | 223, Laws of Florida, and upon receipt of $60,000 and submission |
1448 | of the proposed art design for the specialty license plate to |
1449 | the department in a medium prescribed by the department, as soon |
1450 | as practicable, but no later than 60 days after the effective |
1451 | date of this act, the department shall develop a Go Green |
1452 | license plate as provided in this section. The plate must bear |
1453 | the colors and design approved by the department. The word |
1454 | "Florida" must appear at the top of the plate, and the words "Go |
1455 | Green" must appear at the bottom of the plate. |
1456 | (b) The annual use fees shall be distributed to the |
1457 | Coalition for Renewable Energy Solutions, Inc., which shall |
1458 | retain the initial revenues from the sales of such plates until |
1459 | all startup costs incurred in the development and approval of |
1460 | the plates have been reimbursed. Thereafter, the proceeds shall |
1461 | be used by the coalition as follows: |
1462 | 1. A maximum of 10 percent of the proceeds may be used to |
1463 | fund the administrative and marketing costs of the license plate |
1464 | program. |
1465 | 2. The remaining fees shall be used to fund programs and |
1466 | projects that educate the public and implement or publicize |
1467 | renewable energy solutions. |
1468 | Section 40. Paragraph (e) of subsection (4) of section |
1469 | 320.08068, Florida Statutes, is amended to read: |
1470 | 320.08068 Motorcycle specialty license plates.- |
1471 | (4) A license plate annual use fee of $20 shall be |
1472 | collected for each motorcycle specialty license plate. Annual |
1473 | use fees shall be distributed to The Able Trust as custodial |
1474 | agent. The Able Trust may retain a maximum of 10 percent of the |
1475 | proceeds from the sale of the license plate for administrative |
1476 | costs. The Able Trust shall distribute the remaining funds as |
1477 | follows: |
1478 | (e) Twenty percent to the Florida Association of Centers |
1479 | for Independent Living to be used to leverage additional funding |
1480 | and new sources of revenue for the centers for independent |
1481 | living in this state. |
1482 | Section 41. Subsection (1) of section 320.0847, Florida |
1483 | Statutes, is amended to read: |
1484 | 320.0847 Mini truck and low-speed vehicle license plates.- |
1485 | (1) The department shall issue a license plate to the |
1486 | owner or lessee of any vehicle registered as a low-speed vehicle |
1487 | as defined in s. 320.01(42) or a mini truck as defined in s. |
1488 | 320.01(45) upon payment of the appropriate license taxes and |
1489 | fees prescribed in s. 320.08. |
1490 | Section 42. Subsections (1), (2), and (4) of section |
1491 | 320.0848, Florida Statutes, are amended to read: |
1492 | 320.0848 Persons who have disabilities; issuance of |
1493 | disabled parking permits; temporary permits; permits for certain |
1494 | providers of transportation services to persons who have |
1495 | disabilities.- |
1496 | (1)(a) The Department of Highway Safety and Motor Vehicles |
1497 | or its authorized agents shall, upon application and receipt of |
1498 | the fee, issue a disabled parking permit for a period of up to 4 |
1499 | years, which period ends on the applicant's birthday, to any |
1500 | person who has long-term mobility impairment, or a temporary |
1501 | disabled parking permit not to exceed 6 months to any person who |
1502 | has a temporary mobility impairment. No person will be required |
1503 | to pay a fee for a parking permit for disabled persons more than |
1504 | once in a 12-month period from the date of the prior fee |
1505 | payment. |
1506 | (b)1. The person must be currently certified as being |
1507 | legally blind or as having any of the following disabilities |
1508 | that render him or her unable to walk 200 feet without stopping |
1509 | to rest: |
1510 | a. Inability to walk without the use of or assistance from |
1511 | a brace, cane, crutch, prosthetic device, or other assistive |
1512 | device, or without the assistance of another person. If the |
1513 | assistive device significantly restores the person's ability to |
1514 | walk to the extent that the person can walk without severe |
1515 | limitation, the person is not eligible for the exemption parking |
1516 | permit. |
1517 | b. The need to permanently use a wheelchair. |
1518 | c. Restriction by lung disease to the extent that the |
1519 | person's forced (respiratory) expiratory volume for 1 second, |
1520 | when measured by spirometry, is less than 1 liter, or the |
1521 | person's arterial oxygen is less than 60 mm/hg on room air at |
1522 | rest. |
1523 | d. Use of portable oxygen. |
1524 | e. Restriction by cardiac condition to the extent that the |
1525 | person's functional limitations are classified in severity as |
1526 | Class III or Class IV according to standards set by the American |
1527 | Heart Association. |
1528 | f. Severe limitation in the person's ability to walk due |
1529 | to an arthritic, neurological, or orthopedic condition. |
1530 | 2. The certification of disability which is required under |
1531 | subparagraph 1. must be provided by a physician licensed under |
1532 | chapter 458, chapter 459, or chapter 460, by a podiatric |
1533 | physician licensed under chapter 461, by an optometrist licensed |
1534 | under chapter 463, by an advanced registered nurse practitioner |
1535 | licensed under chapter 464 under the protocol of a licensed |
1536 | physician as stated in this subparagraph, by a physician |
1537 | assistant licensed under chapter 458 or chapter 459, or by a |
1538 | similarly licensed physician from another state if the |
1539 | application is accompanied by documentation of the physician's |
1540 | licensure in the other state and a form signed by the out-of- |
1541 | state physician verifying his or her knowledge of this state's |
1542 | eligibility guidelines. |
1543 | (c) The certificate of disability must include, but need |
1544 | not be limited to: |
1545 | 1. The disability of the applicant; the certifying |
1546 | practitioner's name and address; the practitioner's |
1547 | certification number; the eligibility criteria for the permit; |
1548 | the penalty for falsification by either the certifying |
1549 | practitioner or the applicant; the duration of the condition |
1550 | that entitles the person to the permit; and justification for |
1551 | the additional placard pursuant to subsection (2). |
1552 | 2. The statement, in bold letters: "A disabled parking |
1553 | permit may be issued only for a medical necessity that severely |
1554 | affects mobility." |
1555 | 3. The signatures of: |
1556 | a. The applicant's physician or other certifying |
1557 | practitioner. |
1558 | b. The applicant or the applicant's parent or guardian. |
1559 | c. The employee of the department's authorized agent which |
1560 | employee is processing the application. |
1561 | (d) Beginning October 1, 2011 April 1, 1999, the |
1562 | Department of Highway Safety and Motor Vehicles shall renew the |
1563 | disabled parking permit of any person certified as permanently |
1564 | disabled on the application if the person applies for renewal in |
1565 | person and provides a current certificate of disability pursuant |
1566 | to this subsection. The requirement to apply for renewal in |
1567 | person does not apply if the severity of the disability prevents |
1568 | a disabled person from physically visiting or being transported |
1569 | to a driver license or tax collector office and the certifying |
1570 | physician has signed an additional section of the department's |
1571 | parking permit application to exempt the disabled person from |
1572 | the appearance requirement. |
1573 | (e) The Department of Highway Safety and Motor Vehicles |
1574 | shall, in consultation with the Commission for the |
1575 | Transportation Disadvantaged, adopt rules, in accordance with |
1576 | chapter 120, for the issuance of a disabled parking permit to |
1577 | any organization that can adequately demonstrate a bona fide |
1578 | need for such a permit because the organization provides regular |
1579 | transportation services to persons who have disabilities and are |
1580 | certified as provided in this subsection. |
1581 | (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM |
1582 | MOBILITY PROBLEMS.- |
1583 | (a) The disabled parking permit is a placard that can be |
1584 | placed in a motor vehicle so as to be visible from the front and |
1585 | rear of the vehicle. Each side of the placard must have the |
1586 | international symbol of accessibility in a contrasting color in |
1587 | the center so as to be visible. One side of the placard must |
1588 | display the applicant's driver's license number or state |
1589 | identification card number along with a warning that the |
1590 | applicant must have such identification at all times while using |
1591 | the parking permit. In those cases where the severity of the |
1592 | disability prevents a disabled person from physically visiting |
1593 | or being transported to a driver license or tax collector office |
1594 | to obtain a driver's license or identification card, a |
1595 | certifying physician may sign the exemption section of the |
1596 | department's parking permit application to exempt the disabled |
1597 | person from being issued a driver's license or identification |
1598 | card for the number to be displayed on the parking permit. A |
1599 | validation sticker must also be issued with each disabled |
1600 | parking permit, showing the month and year of expiration on each |
1601 | side of the placard. Validation stickers must be of the size |
1602 | specified by the Department of Highway Safety and Motor Vehicles |
1603 | and must be affixed to the disabled parking permits. The |
1604 | disabled parking permits must use the same colors as license |
1605 | plate validations. |
1606 | (b) License plates issued under ss. 320.084, 320.0842, |
1607 | 320.0843, and 320.0845 are valid for the same parking privileges |
1608 | and other privileges provided under ss. 316.1955, 316.1964, and |
1609 | 526.141(5)(a). |
1610 | (c) The department shall not issue an additional disabled |
1611 | parking permit unless the applicant states that he or she is a |
1612 | frequent traveler or a quadriplegic. The department may not |
1613 | issue to any one eligible applicant more than two disabled |
1614 | parking permits except to an organization in accordance with |
1615 | paragraph (1)(e). Subsections (1), (5), (6), and (7) apply to |
1616 | this subsection. |
1617 | (d) If an applicant who is a disabled veteran, is a |
1618 | resident of this state, has been honorably discharged, and |
1619 | either has been determined by the Department of Defense or the |
1620 | United States Department of Veterans Affairs or its predecessor |
1621 | to have a service-connected disability rating for compensation |
1622 | of 50 percent or greater or has been determined to have a |
1623 | service-connected disability rating of 50 percent or greater and |
1624 | is in receipt of both disability retirement pay from the United |
1625 | States Department of Veterans Affairs, he or she must still |
1626 | provide a signed physician's statement of qualification for the |
1627 | disabled parking permits. |
1628 | (e) To obtain a replacement for a disabled parking permit |
1629 | that has been lost or stolen, a person must appear in person, |
1630 | submit an application on a form prescribed by the department, |
1631 | and must pay a replacement fee in the amount of $1.00, to be |
1632 | retained by the issuing agency. If the person submits with the |
1633 | application a police report documenting that the permit was |
1634 | stolen, there is no replacement fee. The requirement to apply |
1635 | for replacement in person does not apply if the severity of the |
1636 | disability prevents a disabled person from physically visiting |
1637 | or being transported to a driver license or tax collector |
1638 | office, and the certifying physician has signed an additional |
1639 | section of the department's parking permit application to exempt |
1640 | the disabled person from the appearance requirement. |
1641 | (f) A person who qualifies for a disabled parking permit |
1642 | under this section may be issued an international wheelchair |
1643 | user symbol license plate under s. 320.0843 in lieu of the |
1644 | disabled parking permit; or, if the person qualifies for a "DV" |
1645 | license plate under s. 320.084, such a license plate may be |
1646 | issued to him or her in lieu of a disabled parking permit. |
1647 | (4) From the proceeds of the temporary disabled parking |
1648 | permit fees: |
1649 | (a) The Department of Highway Safety and Motor Vehicles |
1650 | must receive $3.50 for each temporary permit, to be deposited |
1651 | into the Highway Safety Operating Trust Fund and used for |
1652 | implementing the real-time disabled parking permit database and |
1653 | for administering the disabled parking permit program. |
1654 | (b) The tax collector, for processing, must receive $2.50 |
1655 | for each temporary permit. |
1656 | (c) The remainder must be distributed monthly as follows: |
1657 | 1. To the Florida Endowment Foundation for Vocational |
1658 | Rehabilitation, known as "The Able Trust," Florida Governor's |
1659 | Alliance for the Employment of Disabled Citizens for the purpose |
1660 | of improving employment and training opportunities for persons |
1661 | who have disabilities, with special emphasis on removing |
1662 | transportation barriers, $4. These fees must be directly |
1663 | deposited into the Florida Endowment Foundation for Vocational |
1664 | Rehabilitation as established in s. 413.615 Transportation |
1665 | Disadvantaged Trust Fund for transfer to the Florida Governor's |
1666 | Alliance for Employment of Disabled Citizens. |
1667 | 2. To the Transportation Disadvantaged Trust Fund to be |
1668 | used for funding matching grants to counties for the purpose of |
1669 | improving transportation of persons who have disabilities, $5. |
1670 | Section 43. Effective October 1, 2011, subsection (1) of |
1671 | section 320.089, Florida Statutes, is amended to read: |
1672 | 320.089 Members of National Guard and active United States |
1673 | Armed Forces reservists; former prisoners of war; survivors of |
1674 | Pearl Harbor; Purple Heart medal recipients; Operation Iraqi |
1675 | Freedom and Operation Enduring Freedom Veterans; Combat Infantry |
1676 | Badge recipients; special license plates; fee.- |
1677 | (1)(a) Each owner or lessee of an automobile or truck for |
1678 | private use or recreational vehicle as specified in s. |
1679 | 320.08(9)(c) or (d), which is not used for hire or commercial |
1680 | use, who is a resident of the state and an active or retired |
1681 | member of the Florida National Guard, a survivor of the attack |
1682 | on Pearl Harbor, a recipient of the Purple Heart medal, or an |
1683 | active or retired member of any branch of the United States |
1684 | Armed Forces Reserve, or a recipient of the Combat Infantry |
1685 | Badge shall, upon application to the department, accompanied by |
1686 | proof of active membership or retired status in the Florida |
1687 | National Guard, proof of membership in the Pearl Harbor |
1688 | Survivors Association or proof of active military duty in Pearl |
1689 | Harbor on December 7, 1941, proof of being a Purple Heart medal |
1690 | recipient, or proof of active or retired membership in any |
1691 | branch of the Armed Forces Reserve, or proof of membership in |
1692 | the Combat Infantrymen's Association, Inc., or other proof of |
1693 | being a recipient of the Combat Infantry Badge, and upon payment |
1694 | of the license tax for the vehicle as provided in s. 320.08, be |
1695 | issued a license plate as provided by s. 320.06, upon which, in |
1696 | lieu of the serial numbers prescribed by s. 320.06, shall be |
1697 | stamped the words "National Guard," "Pearl Harbor Survivor," |
1698 | "Combat-wounded veteran," or "U.S. Reserve," or "Combat Infantry |
1699 | Badge," as appropriate, followed by the serial number of the |
1700 | license plate. Additionally, the Purple Heart plate may have the |
1701 | words "Purple Heart" stamped on the plate and the likeness of |
1702 | the Purple Heart medal appearing on the plate. |
1703 | (b) Notwithstanding any other provision of law to the |
1704 | contrary, beginning with fiscal year 2002-2003 and annually |
1705 | thereafter, the first $100,000 in general revenue generated from |
1706 | the sale of license plates issued under this section shall be |
1707 | deposited into the Grants and Donations Trust Fund, as described |
1708 | in s. 296.38(2), to be used for the purposes established by law |
1709 | for that trust fund. Any additional general revenue generated |
1710 | from the sale of such plates shall be deposited into the State |
1711 | Homes for Veterans Trust Fund and used solely to construct, |
1712 | operate, and maintain domiciliary and nursing homes for |
1713 | veterans, subject to the requirements of chapter 216. |
1714 | (c) Notwithstanding any provisions of law to the contrary, |
1715 | an applicant for a Pearl Harbor Survivor license plate or a |
1716 | Purple Heart license plate who also qualifies for a disabled |
1717 | veteran's license plate under s. 320.084 shall be issued the |
1718 | appropriate special license plate without payment of the license |
1719 | tax imposed by s. 320.08. |
1720 | Section 44. Subsection (3) of section 320.27, Florida |
1721 | Statutes, is amended to read: |
1722 | 320.27 Motor vehicle dealers.- |
1723 | (3) APPLICATION AND FEE.-The application for the license |
1724 | shall be in such form as may be prescribed by the department and |
1725 | shall be subject to such rules with respect thereto as may be so |
1726 | prescribed by it. Such application shall be verified by oath or |
1727 | affirmation and shall contain a full statement of the name and |
1728 | birth date of the person or persons applying therefor; the name |
1729 | of the firm or copartnership, with the names and places of |
1730 | residence of all members thereof, if such applicant is a firm or |
1731 | copartnership; the names and places of residence of the |
1732 | principal officers, if the applicant is a body corporate or |
1733 | other artificial body; the name of the state under whose laws |
1734 | the corporation is organized; the present and former place or |
1735 | places of residence of the applicant; and prior business in |
1736 | which the applicant has been engaged and the location thereof. |
1737 | Such application shall describe the exact location of the place |
1738 | of business and shall state whether the place of business is |
1739 | owned by the applicant and when acquired, or, if leased, a true |
1740 | copy of the lease shall be attached to the application. The |
1741 | applicant shall certify that the location provides an adequately |
1742 | equipped office and is not a residence; that the location |
1743 | affords sufficient unoccupied space upon and within which |
1744 | adequately to store all motor vehicles offered and displayed for |
1745 | sale; and that the location is a suitable place where the |
1746 | applicant can in good faith carry on such business and keep and |
1747 | maintain books, records, and files necessary to conduct such |
1748 | business, which will be available at all reasonable hours to |
1749 | inspection by the department or any of its inspectors or other |
1750 | employees. The applicant shall certify that the business of a |
1751 | motor vehicle dealer is the principal business which shall be |
1752 | conducted at that location. Such application shall contain a |
1753 | statement that the applicant is either franchised by a |
1754 | manufacturer of motor vehicles, in which case the name of each |
1755 | motor vehicle that the applicant is franchised to sell shall be |
1756 | included, or an independent (nonfranchised) motor vehicle |
1757 | dealer. Such application shall contain such other relevant |
1758 | information as may be required by the department, including |
1759 | evidence that the applicant is insured under a garage liability |
1760 | insurance policy or a general liability insurance policy coupled |
1761 | with a business automobile policy, which shall include, at a |
1762 | minimum, $25,000 combined single-limit liability coverage |
1763 | including bodily injury and property damage protection and |
1764 | $10,000 personal injury protection. A salvage motor vehicle |
1765 | dealer as defined in subparagraph (1)(c)5. is exempt from the |
1766 | requirements for garage liability insurance and personal injury |
1767 | protection insurance on those vehicles that cannot be legally |
1768 | operated on Florida roads, highways, or streets. Franchise |
1769 | dealers must submit a garage liability insurance policy, and all |
1770 | other dealers must submit a garage liability insurance policy or |
1771 | a general liability insurance policy coupled with a business |
1772 | automobile policy. Such policy shall be for the license period, |
1773 | and evidence of a new or continued policy shall be delivered to |
1774 | the department at the beginning of each license period. Upon |
1775 | making initial application, the applicant shall pay to the |
1776 | department a fee of $300 in addition to any other fees now |
1777 | required by law; upon making a subsequent renewal application, |
1778 | the applicant shall pay to the department a fee of $75 in |
1779 | addition to any other fees now required by law. Upon making an |
1780 | application for a change of location, the person shall pay a fee |
1781 | of $50 in addition to any other fees now required by law. The |
1782 | department shall, in the case of every application for initial |
1783 | licensure, verify whether certain facts set forth in the |
1784 | application are true. Each applicant, general partner in the |
1785 | case of a partnership, or corporate officer and director in the |
1786 | case of a corporate applicant, must file a set of fingerprints |
1787 | with the department for the purpose of determining any prior |
1788 | criminal record or any outstanding warrants. The department |
1789 | shall submit the fingerprints to the Department of Law |
1790 | Enforcement for state processing and forwarding to the Federal |
1791 | Bureau of Investigation for federal processing. The actual cost |
1792 | of state and federal processing shall be borne by the applicant |
1793 | and is in addition to the fee for licensure. The department may |
1794 | issue a license to an applicant pending the results of the |
1795 | fingerprint investigation, which license is fully revocable if |
1796 | the department subsequently determines that any facts set forth |
1797 | in the application are not true or correctly represented. |
1798 | Section 45. Paragraphs (a) and (b) of subsection (2) of |
1799 | section 320.275, Florida Statutes, are amended to read: |
1800 | 320.275 Automobile Dealers Industry Advisory Board.- |
1801 | (2) MEMBERSHIP, TERMS, MEETINGS.- |
1802 | (a) The board shall be composed of 12 members. The |
1803 | executive director of the Department of Highway Safety and Motor |
1804 | Vehicles shall appoint the members from names submitted by the |
1805 | entities for the designated categories the member will |
1806 | represent. The executive director shall appoint one |
1807 | representative of the Department of Highway Safety and Motor |
1808 | Vehicles, who must represent the Division of Motor Vehicles; two |
1809 | representatives of the independent motor vehicle industry as |
1810 | recommended by the Florida Independent Automobile Dealers |
1811 | Association; two representatives of the franchise motor vehicle |
1812 | industry as recommended by the Florida Automobile Dealers |
1813 | Association; one representative of the auction motor vehicle |
1814 | industry who is from an auction chain and is recommended by a |
1815 | group affiliated with the National Auto Auction Association; one |
1816 | representative of the auction motor vehicle industry who is from |
1817 | an independent auction and is recommended by a group affiliated |
1818 | with the National Auto Auction Association; one representative |
1819 | from the Department of Revenue; a Florida tax collector |
1820 | representative recommended by the Florida Tax Collectors |
1821 | Association; one representative from the Better Business Bureau; |
1822 | one representative from the Department of Agriculture and |
1823 | Consumer Services, who must represent the Division of Consumer |
1824 | Services; and one representative of the insurance industry who |
1825 | writes motor vehicle dealer surety bonds. |
1826 | (b)1. The executive director shall appoint the following |
1827 | initial members to 1-year terms: one representative from the |
1828 | motor vehicle auction industry who represents an auction chain, |
1829 | one representative from the independent motor vehicle industry, |
1830 | one representative from the franchise motor vehicle industry, |
1831 | one representative from the Department of Revenue, one Florida |
1832 | tax collector, and one representative from the Better Business |
1833 | Bureau. |
1834 | 2. The executive director shall appoint the following |
1835 | initial members to 2-year terms: one representative from the |
1836 | motor vehicle auction industry who represents an independent |
1837 | auction, one representative from the independent motor vehicle |
1838 | industry, one representative from the franchise motor vehicle |
1839 | industry, one representative from the Division of Consumer |
1840 | Services, one representative from the insurance industry, and |
1841 | one representative from the department Division of Motor |
1842 | Vehicles. |
1843 | 3. As the initial terms expire, the executive director |
1844 | shall appoint successors from the same designated category for |
1845 | terms of 2 years. If renominated, a member may succeed himself |
1846 | or herself. |
1847 | 4. The board shall appoint a chair and vice chair at its |
1848 | initial meeting and every 2 years thereafter. |
1849 | Section 46. Subsection (1) of section 320.771, Florida |
1850 | Statutes, is amended to read: |
1851 | 320.771 License required of recreational vehicle dealers.- |
1852 | (1) DEFINITIONS.-As used in this section: |
1853 | (a) "Dealer" means any person engaged in the business of |
1854 | buying, selling, or dealing in recreational vehicles or offering |
1855 | or displaying recreational vehicles for sale. The term "dealer" |
1856 | includes a recreational vehicle broker. Any person who buys, |
1857 | sells, deals in, or offers or displays for sale, or who acts as |
1858 | the agent for the sale of, one or more recreational vehicles in |
1859 | any 12-month period shall be prima facie presumed to be a |
1860 | dealer. The terms "selling" and "sale" include lease-purchase |
1861 | transactions. The term "dealer" does not include banks, credit |
1862 | unions, and finance companies that acquire recreational vehicles |
1863 | as an incident to their regular business and does not include |
1864 | mobile home rental and leasing companies that sell recreational |
1865 | vehicles to dealers licensed under this section. A licensed |
1866 | dealer may transact business in recreational vehicles with a |
1867 | motor vehicle auction as defined in s. 320.27(1)(c)4. Further, a |
1868 | licensed dealer may, at retail or wholesale, sell a motor |
1869 | vehicle, as described in s. 320.01(1)(a), acquired in exchange |
1870 | for the sale of a recreational vehicle, if such acquisition is |
1871 | incidental to the principal business of being a recreational |
1872 | vehicle dealer. However, a recreational vehicle dealer may not |
1873 | buy a motor vehicle for the purpose of resale unless licensed as |
1874 | a motor vehicle dealer pursuant to s. 320.27. |
1875 | (b) "Recreational vehicle broker" means any person who is |
1876 | engaged in the business of offering to procure or procuring used |
1877 | recreational vehicles for the general public; who holds himself |
1878 | or herself out through solicitation, advertisement, or otherwise |
1879 | as one who offers to procure or procures used recreational |
1880 | vehicles for the general public; or who acts as the agent or |
1881 | intermediary on behalf of the owner or seller of a used |
1882 | recreational vehicle which is for sale or who assists or |
1883 | represents the seller in finding a buyer for the recreational |
1884 | vehicle. |
1885 | (c) For the purposes of this section, the term |
1886 | "recreational vehicle" does not include any camping trailer, as |
1887 | defined in s. 320.01(1)(b)2. |
1888 | (d) A dealer may apply for a certificate of title to a |
1889 | recreational vehicle required to be registered under s. |
1890 | 320.08(9) using a manufacturer's statement of origin as |
1891 | permitted by s. 319.23(1) only if such dealer is authorized by a |
1892 | manufacturer/dealer agreement as defined in s. 320.3202(8) on |
1893 | file with the department to buy, sell, or deal in that |
1894 | particular line-make of recreational vehicle and is authorized |
1895 | by such agreement to perform delivery and preparation |
1896 | obligations and warranty defect adjustments on that line-make. |
1897 | Section 47. Section 320.95, Florida Statutes, is amended |
1898 | to read: |
1899 | 320.95 Transactions by electronic or telephonic means.- |
1900 | (1) The department may is authorized to accept any |
1901 | application provided for under this chapter by electronic or |
1902 | telephonic means. |
1903 | (2) The department may collect and use electronic mail |
1904 | addresses for the purpose of providing renewal notices in lieu |
1905 | of the United States Postal Service. |
1906 | Section 48. Section 321.02, Florida Statutes, is amended |
1907 | to read: |
1908 | 321.02 Powers and duties of department, highway patrol.- |
1909 | The director of the Division of Highway Patrol of the Department |
1910 | of Highway Safety and Motor Vehicles shall be designated the |
1911 | Colonel also be the commander of the Florida Highway Patrol. The |
1912 | said department shall set up and promulgate rules and |
1913 | regulations by which the personnel of the Florida Highway Patrol |
1914 | officers shall be examined, employed, trained, located, |
1915 | suspended, reduced in rank, discharged, recruited, paid and |
1916 | pensioned, subject to civil service provisions hereafter set |
1917 | out. The department may enter into contracts or agreements, with |
1918 | or without competitive bidding or procurement, to make |
1919 | available, on a fair, reasonable, nonexclusive, and |
1920 | nondiscriminatory basis, property and other structures under |
1921 | division control for the placement of new facilities by any |
1922 | wireless provider of mobile service as defined in 47 U.S.C. s. |
1923 | 153(27) or s. 332(d), and any telecommunications company as |
1924 | defined in s. 364.02 when it is determined to be practical and |
1925 | feasible to make such property or other structures available. |
1926 | The department may, without adopting a rule, charge a just, |
1927 | reasonable, and nondiscriminatory fee for placement of the |
1928 | facilities, payable annually, based on the fair market value of |
1929 | space used by comparable communications facilities in the state. |
1930 | The department and a wireless provider or telecommunications |
1931 | company may negotiate the reduction or elimination of a fee in |
1932 | consideration of services provided to the division by the |
1933 | wireless provider or the telecommunications company. All such |
1934 | fees collected by the department shall be deposited directly |
1935 | into the State Agency Law Enforcement Radio System Trust Fund, |
1936 | and may be used to construct, maintain, or support the system. |
1937 | The department is further specifically authorized to purchase, |
1938 | sell, trade, rent, lease and maintain all necessary equipment, |
1939 | uniforms, motor vehicles, communication systems, housing |
1940 | facilities, office space, and perform any other acts necessary |
1941 | for the proper administration and enforcement of this chapter. |
1942 | However, all supplies and equipment consisting of single items |
1943 | or in lots shall be purchased under the requirements of s. |
1944 | 287.057. Purchases shall be made by accepting the bid of the |
1945 | lowest responsive bidder, the right being reserved to reject all |
1946 | bids. The department shall prescribe a distinctive uniform and |
1947 | distinctive emblem to be worn by all officers of the Florida |
1948 | Highway Patrol. It shall be unlawful for any other person or |
1949 | persons to wear a similar uniform or emblem, or any part or |
1950 | parts thereof. The department shall also prescribe distinctive |
1951 | colors for use on motor vehicles and motorcycles operated by the |
1952 | Florida Highway Patrol. The prescribed colors shall be referred |
1953 | to as "Florida Highway Patrol black and tan." |
1954 | Section 49. Subsection (3) of section 322.02, Florida |
1955 | Statutes, is amended to read: |
1956 | 322.02 Legislative intent; administration.- |
1957 | (3) The department shall employ a director, who is charged |
1958 | with the duty of serving as the executive officer of the |
1959 | Division of Motorist Services within Driver Licenses of the |
1960 | department insofar as the administration of this chapter is |
1961 | concerned. He or she shall be subject to the supervision and |
1962 | direction of the department, and his or her official actions and |
1963 | decisions as executive officer shall be conclusive unless the |
1964 | same are superseded or reversed by the department or by a court |
1965 | of competent jurisdiction. |
1966 | Section 50. Subsection (1) of section 322.04, Florida |
1967 | Statutes, is amended to read: |
1968 | 322.04 Persons exempt from obtaining driver's license.- |
1969 | (1) The following persons are exempt from obtaining a |
1970 | driver's license: |
1971 | (a) Any employee of the United States Government, while |
1972 | operating a noncommercial motor vehicle owned by or leased to |
1973 | the United States Government and being operated on official |
1974 | business. |
1975 | (b) Any person while driving or operating any road |
1976 | machine, farm tractor, or implement of husbandry temporarily |
1977 | operated or moved on a highway. |
1978 | (c) A nonresident who is at least 16 years of age and who |
1979 | has in his or her immediate possession a valid noncommercial |
1980 | driver's license issued to the nonresident in his or her home |
1981 | state or country, may operate a motor vehicle of the type for |
1982 | which a Class E driver's license is required in this state if he |
1983 | or she has in their immediate possession: |
1984 | 1. A valid noncommercial driver's license issued in his or |
1985 | her name from another state or territory of the United States; |
1986 | or |
1987 | 2. An International Driving Permit issued in his or her |
1988 | name in their country of residence and a valid license issued in |
1989 | that country. |
1990 | (d) A nonresident who is at least 18 years of age and who |
1991 | has in his or her immediate possession a valid noncommercial |
1992 | driver's license issued to the nonresident in his or her home |
1993 | state or country may operate a motor vehicle, other than a |
1994 | commercial motor vehicle, in this state. |
1995 | (d)(e) Any person operating a golf cart, as defined in s. |
1996 | 320.01, which is operated in accordance with the provisions of |
1997 | s. 316.212. |
1998 | Section 51. Paragraph (a) of subsection (1) of section |
1999 | 322.051, Florida Statutes, is amended, and subsection (9) is |
2000 | added to that section, to read: |
2001 | 322.051 Identification cards.- |
2002 | (1) Any person who is 5 years of age or older, or any |
2003 | person who has a disability, regardless of age, who applies for |
2004 | a disabled parking permit under s. 320.0848, may be issued an |
2005 | identification card by the department upon completion of an |
2006 | application and payment of an application fee. |
2007 | (a) Each such application shall include the following |
2008 | information regarding the applicant: |
2009 | 1. Full name (first, middle or maiden, and last), gender, |
2010 | proof of social security card number satisfactory to the |
2011 | department, county of residence, mailing address, proof of |
2012 | residential address satisfactory to the department, country of |
2013 | birth, and a brief description. |
2014 | 2. Proof of birth date satisfactory to the department. |
2015 | 3. Proof of identity satisfactory to the department. Such |
2016 | proof must include one of the following documents issued to the |
2017 | applicant: |
2018 | a. A driver's license record or identification card record |
2019 | from another jurisdiction that required the applicant to submit |
2020 | a document for identification which is substantially similar to |
2021 | a document required under sub-subparagraph b., sub-subparagraph |
2022 | c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph |
2023 | f., sub-subparagraph g., or sub-subparagraph h.; |
2024 | b. A certified copy of a United States birth certificate; |
2025 | c. A valid, unexpired United States passport; |
2026 | d. A naturalization certificate issued by the United |
2027 | States Department of Homeland Security; |
2028 | e. A valid, unexpired alien registration receipt card |
2029 | (green card); |
2030 | f. A Consular Report of Birth Abroad provided by the |
2031 | United States Department of State; |
2032 | g. An unexpired employment authorization card issued by |
2033 | the United States Department of Homeland Security; or |
2034 | h. Proof of nonimmigrant classification provided by the |
2035 | United States Department of Homeland Security, for an original |
2036 | identification card. In order to prove such nonimmigrant |
2037 | classification, applicants must provide at least one of may |
2038 | produce but are not limited to the following documents, and, in |
2039 | addition, the department may require applicants to produce |
2040 | United States Department of Homeland Security documents for the |
2041 | sole purpose of establishing the maintenance of or efforts to |
2042 | maintain continuous lawful presence: |
2043 | (I) A notice of hearing from an immigration court |
2044 | scheduling a hearing on any proceeding. |
2045 | (II) A notice from the Board of Immigration Appeals |
2046 | acknowledging pendency of an appeal. |
2047 | (III) Notice of the approval of an application for |
2048 | adjustment of status issued by the United States Bureau of |
2049 | Citizenship and Immigration Services. |
2050 | (IV) Any official documentation confirming the filing of a |
2051 | petition for asylum or refugee status or any other relief issued |
2052 | by the United States Bureau of Citizenship and Immigration |
2053 | Services. |
2054 | (V) Notice of action transferring any pending matter from |
2055 | another jurisdiction to Florida, issued by the United States |
2056 | Bureau of Citizenship and Immigration Services. |
2057 | (VI) Order of an immigration judge or immigration officer |
2058 | granting any relief that authorizes the alien to live and work |
2059 | in the United States including, but not limited to asylum. |
2060 | (VII) Evidence that an application is pending for |
2061 | adjustment of status to that of an alien lawfully admitted for |
2062 | permanent residence in the United States or conditional |
2063 | permanent resident status in the United States, if a visa number |
2064 | is available having a current priority date for processing by |
2065 | the United States Bureau of Citizenship and Immigration |
2066 | Services. |
2067 | (VIII) On or after January 1, 2010, an unexpired foreign |
2068 | passport with an unexpired United States Visa affixed, |
2069 | accompanied by an approved I-94, documenting the most recent |
2070 | admittance into the United States. |
2071 |
|
2072 | An identification card issued based on documents required |
2073 | Presentation of any of the documents described in sub- |
2074 | subparagraph g. or sub-subparagraph h. is valid entitles the |
2075 | applicant to an identification card for a period not to exceed |
2076 | the expiration date of the document presented or 1 year, |
2077 | whichever first occurs. |
2078 | (9) Notwithstanding any other provision of this section or |
2079 | s. 322.21 to the contrary, the department shall issue or renew a |
2080 | card at no charge to a person who presents good cause for a fee |
2081 | waiver. |
2082 | Section 52. Subsection (4) of section 322.058, Florida |
2083 | Statutes, is amended to read: |
2084 | 322.058 Suspension of driving privileges due to support |
2085 | delinquency; reinstatement.- |
2086 | (4) This section applies only to the annual renewal in the |
2087 | owner's birth month of a motor vehicle registration and does not |
2088 | apply to the transfer of a registration of a motor vehicle sold |
2089 | by a motor vehicle dealer licensed under chapter 320, except for |
2090 | the transfer of registrations which is inclusive of the annual |
2091 | renewals. This section does not affect the issuance of the title |
2092 | to a motor vehicle, notwithstanding s. 319.23(8)(7)(b). |
2093 | Section 53. Section 322.065, Florida Statutes, is amended |
2094 | to read: |
2095 | 322.065 Driver's license expired for 6 4 months or less; |
2096 | penalties.-Any person whose driver's license has been expired |
2097 | for 6 4 months or less and who drives a motor vehicle upon the |
2098 | highways of this state commits is guilty of an infraction and is |
2099 | subject to the penalty provided in s. 318.18. |
2100 | Section 54. Subsection (3) of section 322.07, Florida |
2101 | Statutes, is amended to read: |
2102 | 322.07 Instruction permits and temporary licenses.- |
2103 | (3) Any person who, except for his or her lack of |
2104 | instruction in operating a commercial motor vehicle, would |
2105 | otherwise be qualified to obtain a commercial driver's license |
2106 | under this chapter, may apply for a temporary commercial |
2107 | instruction permit. The department shall issue such a permit |
2108 | entitling the applicant, while having the permit in his or her |
2109 | immediate possession, to drive a commercial motor vehicle on the |
2110 | highways, provided that: |
2111 | (a) The applicant possesses a valid Florida driver's |
2112 | license issued in any state; and |
2113 | (b) The applicant, while operating a commercial motor |
2114 | vehicle, is accompanied by a licensed driver who is 21 years of |
2115 | age or older, who is licensed to operate the class of vehicle |
2116 | being operated, and who is actually occupying the closest seat |
2117 | to the right of the driver. |
2118 | Section 55. Subsections (2) and (7) of section 322.08, |
2119 | Florida Statutes, are amended, and subsection (8) is added to |
2120 | that section, to read: |
2121 | 322.08 Application for license; requirements for license |
2122 | and identification card forms.- |
2123 | (2) Each such application shall include the following |
2124 | information regarding the applicant: |
2125 | (a) Full name (first, middle or maiden, and last), gender, |
2126 | proof of social security card number satisfactory to the |
2127 | department, county of residence, mailing address, proof of |
2128 | residential address satisfactory to the department, country of |
2129 | birth, and a brief description. |
2130 | (b) Proof of birth date satisfactory to the department. |
2131 | (c) Proof of identity satisfactory to the department. Such |
2132 | proof must include one of the following documents issued to the |
2133 | applicant: |
2134 | 1. A driver's license record or identification card record |
2135 | from another jurisdiction that required the applicant to submit |
2136 | a document for identification which is substantially similar to |
2137 | a document required under subparagraph 2., subparagraph 3., |
2138 | subparagraph 4., subparagraph 5., subparagraph 6., subparagraph |
2139 | 7., or subparagraph 8.; |
2140 | 2. A certified copy of a United States birth certificate; |
2141 | 3. A valid, unexpired United States passport; |
2142 | 4. A naturalization certificate issued by the United |
2143 | States Department of Homeland Security; |
2144 | 5. A valid, unexpired alien registration receipt card |
2145 | (green card); |
2146 | 6. A Consular Report of Birth Abroad provided by the |
2147 | United States Department of State; |
2148 | 7. An unexpired employment authorization card issued by |
2149 | the United States Department of Homeland Security; or |
2150 | 8. Proof of nonimmigrant classification provided by the |
2151 | United States Department of Homeland Security, for an original |
2152 | driver's license. In order to prove nonimmigrant classification, |
2153 | an applicant must provide at least one of the following |
2154 | documents, and, in addition, the department may require |
2155 | applicants to produce United States Department of Homeland |
2156 | Security documents for the sole purpose of establishing the |
2157 | maintenance of or efforts to maintain continuous lawful presence |
2158 | may produce the following documents, including, but not limited |
2159 | to: |
2160 | a. A notice of hearing from an immigration court |
2161 | scheduling a hearing on any proceeding. |
2162 | b. A notice from the Board of Immigration Appeals |
2163 | acknowledging pendency of an appeal. |
2164 | c. A notice of the approval of an application for |
2165 | adjustment of status issued by the United States Bureau of |
2166 | Citizenship and Immigration Services. |
2167 | d. Any official documentation confirming the filing of a |
2168 | petition for asylum or refugee status or any other relief issued |
2169 | by the United States Bureau of Citizenship and Immigration |
2170 | Services. |
2171 | e. A notice of action transferring any pending matter from |
2172 | another jurisdiction to this state issued by the United States |
2173 | Bureau of Citizenship and Immigration Services. |
2174 | f. An order of an immigration judge or immigration officer |
2175 | granting any relief that authorizes the alien to live and work |
2176 | in the United States, including, but not limited to, asylum. |
2177 | g. Evidence that an application is pending for adjustment |
2178 | of status to that of an alien lawfully admitted for permanent |
2179 | residence in the United States or conditional permanent resident |
2180 | status in the United States, if a visa number is available |
2181 | having a current priority date for processing by the United |
2182 | States Bureau of Citizenship and Immigration Services. |
2183 | h. On or after January 1, 2010, an unexpired foreign |
2184 | passport with an unexpired United States Visa affixed, |
2185 | accompanied by an approved I-94, documenting the most recent |
2186 | admittance into the United States. |
2187 |
|
2188 | A driver's license or temporary permit issued based on documents |
2189 | required Presentation of any of the documents in subparagraph 7. |
2190 | or subparagraph 8. is valid entitles the applicant to a driver's |
2191 | license or temporary permit for a period not to exceed the |
2192 | expiration date of the document presented or 1 year, whichever |
2193 | occurs first. |
2194 | (d) Whether the applicant has previously been licensed to |
2195 | drive, and, if so, when and by what state, and whether any such |
2196 | license or driving privilege has ever been disqualified, |
2197 | revoked, or suspended, or whether an application has ever been |
2198 | refused, and, if so, the date of and reason for such |
2199 | disqualification, suspension, revocation, or refusal. |
2200 | (e) Each such application may include fingerprints and |
2201 | other unique biometric means of identity. |
2202 | (7) The application form for an original, renewal, or |
2203 | replacement driver's license or identification card shall |
2204 | include language permitting the following: |
2205 | (a) A voluntary contribution of $1 per applicant, which |
2206 | contribution shall be deposited into the Health Care Trust Fund |
2207 | for organ and tissue donor education and for maintaining the |
2208 | organ and tissue donor registry. |
2209 | (b) A voluntary contribution of $1 per applicant, which |
2210 | contribution shall be distributed to the Florida Council of the |
2211 | Blind. |
2212 | (c) A voluntary contribution of $2 per applicant, which |
2213 | shall be distributed to the Hearing Research Institute, |
2214 | Incorporated. |
2215 | (d) A voluntary contribution of $1 per applicant, which |
2216 | shall be distributed to the Juvenile Diabetes Foundation |
2217 | International. |
2218 | (e) A voluntary contribution of $1 per applicant, which |
2219 | shall be distributed to the Children's Hearing Help Fund. |
2220 | (f) A voluntary contribution of $1 per applicant, which |
2221 | shall be distributed to Family First, a nonprofit organization. |
2222 | (g) A voluntary contribution of $1 per applicant to Stop |
2223 | Heart Disease, which shall be distributed to the Florida Heart |
2224 | Research Institute, a nonprofit organization. |
2225 | (h) A voluntary contribution of $1 per applicant to Senior |
2226 | Vision Services, which shall be distributed to the Florida |
2227 | Association of Agencies Serving the Blind, Inc., a not-for- |
2228 | profit organization. |
2229 | (i) A voluntary contribution of $1 per applicant for |
2230 | services for persons with developmental disabilities, which |
2231 | shall be distributed to The Arc of Florida. |
2232 | (j) A voluntary contribution of $1 to the Ronald McDonald |
2233 | House, which shall be distributed each month to Ronald McDonald |
2234 | House Charities of Tampa Bay, Inc. |
2235 | (k) Notwithstanding s. 322.081, a voluntary contribution |
2236 | of $1 per applicant, which shall be distributed to the League |
2237 | Against Cancer/La Liga Contra el Cancer, a not-for-profit |
2238 | organization. |
2239 | (l) A voluntary contribution of $1 per applicant to |
2240 | Prevent Child Sexual Abuse, which shall be distributed to |
2241 | Lauren's Kids, Inc., a nonprofit organization. |
2242 | (m) A voluntary contribution of $1 per applicant, which |
2243 | shall be distributed to Prevent Blindness Florida, a not-for- |
2244 | profit organization, to prevent blindness and preserve the sight |
2245 | of the residents of this state. |
2246 | (n) Notwithstanding s. 322.081, a voluntary contribution |
2247 | of $1 per applicant to the state homes for veterans, to be |
2248 | distributed on a quarterly basis by the department to the State |
2249 | Homes for Veterans Trust Fund, which is administered by the |
2250 | Department of Veterans' Affairs. |
2251 | (o) A voluntary contribution of $1 per applicant for |
2252 | Autism Services and Supports. Such contributions must be |
2253 | transferred by the department each month to the Achievement and |
2254 | Rehabilitation Centers, Inc., Autism Services Fund. |
2255 | (p) A voluntary contribution of $1 per applicant to |
2256 | Support Our Troops, which shall be distributed monthly to |
2257 | Support Our Troops, Inc., a Florida not-for-profit organization. |
2258 |
|
2259 | A statement providing an explanation of the purpose of the trust |
2260 | funds shall also be included. For the purpose of applying the |
2261 | service charge provided in s. 215.20, contributions received |
2262 | under paragraphs (b)-(p) (b)-(n) are not income of a revenue |
2263 | nature. |
2264 | (8) The department may collect and use electronic mail |
2265 | addresses for the purpose of providing renewal notices in lieu |
2266 | of the United State Postal Service. |
2267 | Section 56. Subsection (9) is added to section 322.081, |
2268 | Florida Statutes, to read: |
2269 | 322.081 Requests to establish voluntary checkoff on |
2270 | driver's license application.- |
2271 | (9) The department may annually retain from the first |
2272 | proceeds derived from the voluntary contributions collected an |
2273 | amount sufficient to defray for each voluntary contribution the |
2274 | pro rata share of the department's costs directly related to the |
2275 | voluntary contributions program. Such costs include renewal |
2276 | notices, postage, distribution costs, direct costs to the |
2277 | department, and costs associated with reviewing each |
2278 | organization's compliance with the audit and attestation |
2279 | requirements of this section. The revenues retained by the |
2280 | department may not be less than 0.5 percent and may not exceed |
2281 | 1.5 percent. The balance of the proceeds from the voluntary |
2282 | contributions collected shall be distributed as provided by law. |
2283 | Section 57. Subsection (1) of section 322.095, Florida |
2284 | Statutes, is amended to read: |
2285 | 322.095 Traffic law and substance abuse education program |
2286 | for driver's license applicants.- |
2287 | (1) The Department of Highway Safety and Motor Vehicles |
2288 | must approve traffic law and substance abuse education courses |
2289 | that must be completed by applicants for a Florida driver's |
2290 | license. The curricula for the courses must provide instruction |
2291 | on the physiological and psychological consequences of the abuse |
2292 | of alcohol and other drugs, the societal and economic costs of |
2293 | alcohol and drug abuse, the effects of alcohol and drug abuse on |
2294 | the driver of a motor vehicle, the dangers of driving while |
2295 | distracted, which must specifically include the use of |
2296 | technology while driving, and the laws of this state relating to |
2297 | the operation of a motor vehicle. All instructors teaching the |
2298 | courses shall be certified by the department. |
2299 | Section 58. Subsection (5) of section 322.12, Florida |
2300 | Statutes, is amended to read: |
2301 | 322.12 Examination of applicants.- |
2302 | (5)(a) The department shall formulate a separate |
2303 | examination for applicants for licenses to operate motorcycles. |
2304 | Any applicant for a driver's license who wishes to operate a |
2305 | motorcycle, and who is otherwise qualified, must successfully |
2306 | complete such an examination, which is in addition to the |
2307 | examination administered under subsection (3). The examination |
2308 | must test the applicant's knowledge of the operation of a |
2309 | motorcycle and of any traffic laws specifically relating thereto |
2310 | and must include an actual demonstration of his or her ability |
2311 | to exercise ordinary and reasonable control in the operation of |
2312 | a motorcycle. Any applicant who fails to pass the initial |
2313 | knowledge examination will incur a $5 fee for each subsequent |
2314 | examination, to be deposited into the Highway Safety Operating |
2315 | Trust Fund. Any applicant who fails to pass the initial skills |
2316 | examination will incur a $10 fee for each subsequent |
2317 | examination, to be deposited into the Highway Safety Operating |
2318 | Trust Fund. In the formulation of the examination, the |
2319 | department shall consider the use of the Motorcycle Operator |
2320 | Skills Test and the Motorcycle in Traffic Test offered by the |
2321 | Motorcycle Safety Foundation. The department shall indicate on |
2322 | the license of any person who successfully completes the |
2323 | examination that the licensee is authorized to operate a |
2324 | motorcycle. If the applicant wishes to be licensed to operate a |
2325 | motorcycle only, he or she need not take the skill or road test |
2326 | required under subsection (3) for the operation of a motor |
2327 | vehicle, and the department shall indicate such a limitation on |
2328 | his or her license as a restriction. Every first-time applicant |
2329 | for licensure to operate a motorcycle must provide proof of |
2330 | completion of a motorcycle safety course, as provided for in s. |
2331 | 322.0255, which shall include a final examination before the |
2332 | applicant may be licensed to operate a motorcycle. The |
2333 | department shall indicate on the license of any person who |
2334 | successfully completes the course that the licensee is |
2335 | authorized to operate a motorcycle. If the applicant wishes to |
2336 | be licensed to operate a motorcycle only, he or she need not |
2337 | take the skills or road test required under subsection (3) for |
2338 | the operation of a motor vehicle, and the department shall |
2339 | indicate such a limitation on his or her license as a |
2340 | restriction. |
2341 | (b) The department may exempt any applicant from the |
2342 | examination provided in this subsection if the applicant |
2343 | presents a certificate showing successful completion of a course |
2344 | approved by the department, which course includes a similar |
2345 | examination of the knowledge and skill of the applicant in the |
2346 | operation of a motorcycle. |
2347 | Section 59. Subsection (5) of section 322.121, Florida |
2348 | Statutes, is amended to read: |
2349 | 322.121 Periodic reexamination of all drivers.- |
2350 | (5) Members of the Armed Forces, or their dependents |
2351 | residing with them, shall be granted an automatic extension for |
2352 | the expiration of their Class E licenses without reexamination |
2353 | while serving on active duty outside this state. This extension |
2354 | is valid for 90 days after the member of the Armed Forces is |
2355 | either discharged or returns to this state to live. |
2356 | Section 60. Paragraph (a) of subsection (1) of section |
2357 | 322.14, Florida Statutes, is amended to read: |
2358 | 322.14 Licenses issued to drivers.- |
2359 | (1)(a) The department shall, upon successful completion of |
2360 | all required examinations and payment of the required fee, issue |
2361 | to every applicant qualifying therefor, a driver's license as |
2362 | applied for, which license shall bear thereon a color photograph |
2363 | or digital image of the licensee; the name of the state; a |
2364 | distinguishing number assigned to the licensee; and the |
2365 | licensee's full name, date of birth, and residence address; a |
2366 | brief description of the licensee, including, but not limited |
2367 | to, the licensee's gender and height; and the dates of issuance |
2368 | and expiration of the license. A space shall be provided upon |
2369 | which the licensee shall affix his or her usual signature. No |
2370 | license shall be valid until it has been so signed by the |
2371 | licensee except that the signature of said licensee shall not be |
2372 | required if it appears thereon in facsimile or if the licensee |
2373 | is not present within the state at the time of issuance. |
2374 | Applicants qualifying to receive a Class A, Class B, or Class C |
2375 | driver's license must appear in person within the state for |
2376 | issuance of a color photographic or digital imaged driver's |
2377 | license pursuant to s. 322.142. |
2378 | Section 61. Section 322.1415, Florida Statutes, is created |
2379 | to read: |
2380 | 322.1415 Specialty driver's license and identification |
2381 | card program.- |
2382 | (1) The department may issue to any applicant qualified |
2383 | pursuant to s. 322.14 a specialty driver's license or |
2384 | identification card upon payment of the appropriate fee pursuant |
2385 | to s. 322.21. |
2386 | (2) Department-approved specialty driver's licenses and |
2387 | identification cards shall, at a minimum, be available for state |
2388 | and independent universities domiciled in this state, all |
2389 | Florida professional sports teams designated in s. |
2390 | 320.08058(9)(a), and all branches of the United States military. |
2391 | (3) The design and use of each specialty driver's license |
2392 | and identification card must be approved by the department and |
2393 | the organization that is recognized by the driver's license or |
2394 | card. |
2395 | (4) Organizations receiving funds from this program shall |
2396 | attest as provided in 320.08062 that the funds have been |
2397 | expended in the same manner as provided in s. 320.08058. On |
2398 | December 1 of each year, the department shall deliver an annual |
2399 | report to the President of the Senate and the Speaker of the |
2400 | House of Representatives addressing the viability of the program |
2401 | and detailing the amounts distributed to each entity. |
2402 | (5) This section is repealed August 31, 2015. |
2403 | Section 62. Subsection (2) of section 322.19, Florida |
2404 | Statutes, is amended to read: |
2405 | 322.19 Change of address or name.- |
2406 | (2) Whenever any person, after applying for or receiving a |
2407 | driver's license, changes the legal residence or mailing address |
2408 | in the application or license, the person must, within 10 |
2409 | calendar days, obtain a replacement license that reflects the |
2410 | change. A written request to the department must include the old |
2411 | and new addresses and the driver's license number. Persons with |
2412 | a valid, current student identification card issued by an |
2413 | educational institution in this state are presumed not to have |
2414 | changed their legal residence or mailing address. Nothing in |
2415 | this provision shall affect any person required to register a |
2416 | permanent or temporary address change pursuant to s. 775.13, s. |
2417 | 775.21, s. 775.25, or s. 943.0435. |
2418 | Section 63. Subsections (9), (10), (13), (14), and (16) of |
2419 | section 322.20, Florida Statutes, are amended to read: |
2420 | 322.20 Records of the department; fees; destruction of |
2421 | records.- |
2422 | (9) The department may, upon application, furnish to any |
2423 | person, from its the records of the Division of Driver Licenses, |
2424 | a list of the names, addresses, and birth dates of the licensed |
2425 | drivers of the entire state or any portion thereof by age group. |
2426 | In addition, the department may furnish to the courts, for the |
2427 | purpose of establishing jury selection lists, the names, |
2428 | addresses, and birth dates of the persons of the entire state or |
2429 | any portion thereof by age group having identification cards |
2430 | issued by the department. Each person who requests such |
2431 | information shall pay a fee, set by the department, of 1 cent |
2432 | per name listed, except that the department shall furnish such |
2433 | information without charge to the courts for the purpose of jury |
2434 | selection or to any state agency or to any state attorney, |
2435 | sheriff, or chief of police. Such court, state agency, state |
2436 | attorney, or law enforcement agency may not sell, give away, or |
2437 | allow the copying of such information. Noncompliance with this |
2438 | prohibition shall authorize the department to charge the |
2439 | noncomplying court, state agency, state attorney, or law |
2440 | enforcement agency the appropriate fee for any subsequent lists |
2441 | requested. The department may adopt rules necessary to implement |
2442 | this subsection. |
2443 | (10) The department Division of Driver Licenses is |
2444 | authorized, upon application of any person and payment of the |
2445 | proper fees, to search and to assist such person in the search |
2446 | of the records of the department and make reports thereof and to |
2447 | make photographic copies of the departmental records and |
2448 | attestations thereof. |
2449 | (13) The department Division of Driver Licenses shall |
2450 | implement a system that allows either parent of a minor, or a |
2451 | guardian, or other responsible adult who signed a minor's |
2452 | application for a driver's license to have Internet access |
2453 | through a secure website to inspect the minor's driver history |
2454 | record. Internet access to driver history records granted to a |
2455 | minor's parents, guardian, or other responsible adult shall be |
2456 | furnished by the department at no fee and shall terminate when |
2457 | the minor attains 18 years of age. |
2458 | (14) The department is authorized in accordance with |
2459 | chapter 257 to destroy reports, records, documents, papers, and |
2460 | correspondence in the department Division of Driver Licenses |
2461 | which are considered obsolete. |
2462 | (16) The creation and maintenance of records by the |
2463 | Division of Motorist Services within the department and the |
2464 | Division of Driver Licenses pursuant to this chapter shall not |
2465 | be regarded as law enforcement functions of agency |
2466 | recordkeeping. |
2467 | Section 64. Section 322.202, Florida Statutes, is amended |
2468 | to read: |
2469 | 322.202 Admission of evidence obtained from the Division |
2470 | of Motorist Services Driver Licenses and the Division of Motor |
2471 | Vehicles.- |
2472 | (1) The Legislature finds that the Division of Motorist |
2473 | Services Driver Licenses and the Division of Motor Vehicles of |
2474 | the Department of Highway Safety and Motor Vehicles is are not a |
2475 | law enforcement agency agencies. The Legislature also finds that |
2476 | the division is divisions are not an adjunct adjuncts of any law |
2477 | enforcement agency in that employees have no stake in particular |
2478 | prosecutions. The Legislature further finds that errors in |
2479 | records maintained by the Division of Motorist Services |
2480 | divisions are not within the collective knowledge of any law |
2481 | enforcement agency. The Legislature also finds that the mission |
2482 | missions of the Division of Motorist Services Driver Licenses, |
2483 | the Division of Motor Vehicles, and the Department of Highway |
2484 | Safety and Motor Vehicles provides provide a sufficient |
2485 | incentive to maintain records in a current and correct fashion. |
2486 | (2) The Legislature finds that the purpose of the |
2487 | exclusionary rule is to deter misconduct on the part of law |
2488 | enforcement officers and law enforcement agencies. |
2489 | (3) The Legislature finds that the application of the |
2490 | exclusionary rule to cases where a law enforcement officer |
2491 | effects an arrest based on objectively reasonable reliance on |
2492 | information obtained from the division divisions is repugnant to |
2493 | the purposes of the exclusionary rule and contrary to the |
2494 | decisions of the United States Supreme Court in Arizona v. |
2495 | Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897 |
2496 | (1984). |
2497 | (4) In any case where a law enforcement officer effects an |
2498 | arrest based on objectively reasonable reliance on information |
2499 | obtained from the division divisions, evidence found pursuant to |
2500 | such an arrest shall not be suppressed by application of the |
2501 | exclusionary rule on the grounds that the arrest is subsequently |
2502 | determined to be unlawful due to erroneous information obtained |
2503 | from the divisions. |
2504 | Section 65. Paragraph (i) is added to subsection (1) of |
2505 | section 322.21, Florida Statutes, and subsections (2) and (4) of |
2506 | that section are amended, to read: |
2507 | 322.21 License fees; procedure for handling and collecting |
2508 | fees.- |
2509 | (1) Except as otherwise provided herein, the fee for: |
2510 | (i) The specialty license or identification card issued |
2511 | pursuant to s. 322.1415 is $25, which is in addition to other |
2512 | fees required in this section. The specialty fee shall be |
2513 | distributed as follows: |
2514 | 1. Fifty percent shall be distributed as provided in |
2515 | section 320.08058 to the appropriate state or independent |
2516 | university, the professional sports team, or branches of the |
2517 | military. |
2518 | 2. Fifty percent shall be distributed to the department |
2519 | for department costs directly related to the specialty driver's |
2520 | license and identification card program and to defray costs of |
2521 | production enhancements and distribution. |
2522 | (2) It is the duty of the director of the Division of |
2523 | Motorist Services to provide Driver Licenses to set up a |
2524 | division in the department with the necessary personnel to |
2525 | perform the necessary clerical and routine work for the |
2526 | department in issuing and recording applications, licenses, and |
2527 | certificates of eligibility, including the receiving and |
2528 | accounting of all license funds and their payment into the State |
2529 | Treasury, and other incidental clerical work connected with the |
2530 | administration of this chapter. The department may use such |
2531 | electronic, mechanical, or other devices as necessary to |
2532 | accomplish the purposes of this chapter. |
2533 | (4) If the department determines from its records or is |
2534 | otherwise satisfied that the holder of a license about to expire |
2535 | is entitled to have it renewed, the department shall mail a |
2536 | renewal notice to the licensee at his or her last known address, |
2537 | at least within 30 days before the licensee's birthday. The |
2538 | licensee may shall be issued a renewal license, after |
2539 | reexamination, if required, during the 30 days immediately |
2540 | preceding his or her birthday upon presenting a renewal notice, |
2541 | his or her current license, and the fee for renewal to the |
2542 | department at any driver's license examining office. A driver |
2543 | may renew his or her driver's license up to 18 months prior to |
2544 | the license expiration date. |
2545 | Section 66. Subsection (1) of section 322.22, Florida |
2546 | Statutes, is amended to read: |
2547 | 322.22 Authority of department to cancel license.- |
2548 | (1) The department is authorized to cancel any driver's |
2549 | license, upon determining that the licensee is was not entitled |
2550 | to the license issuance thereof, or that the licensee failed to |
2551 | give the required or correct information in his or her |
2552 | application or committed any fraud in making such application, |
2553 | or that the licensee has two or more licenses on file with the |
2554 | department, each in a different name but bearing the photograph |
2555 | of the licensee, unless the licensee has complied with the |
2556 | requirements of this chapter in obtaining the licenses. The |
2557 | department may cancel any driver's license, identification card, |
2558 | vehicle or vessel registration, or fuel-use decal if the |
2559 | licensee fails to pay the correct fee or pays for the driver's |
2560 | license, identification card, vehicle or vessel registration, or |
2561 | fuel-use decal; pays any tax liability, penalty, or interest |
2562 | specified in chapter 207; or pays any administrative, |
2563 | delinquency, or reinstatement fee by a dishonored check. |
2564 | Section 67. Subsection (6) of section 322.2615, Florida |
2565 | Statutes, is amended to read: |
2566 | 322.2615 Suspension of license; right to review.- |
2567 | (6)(a) If the person whose license was suspended requests |
2568 | a formal review, the department must schedule a hearing to be |
2569 | held within 30 days after such request is received by the |
2570 | department and must notify the person of the date, time, and |
2571 | place of the hearing. |
2572 | (b) Such formal review hearing shall be held before a |
2573 | hearing officer employed by the department, and the hearing |
2574 | officer shall be authorized to administer oaths, examine |
2575 | witnesses and take testimony, receive relevant evidence, issue |
2576 | subpoenas for the officers and witnesses identified in documents |
2577 | in subsection (2), regulate the course and conduct of the |
2578 | hearing, question witnesses, and make a ruling on the |
2579 | suspension. The party requesting the presence of a witness shall |
2580 | be responsible for the payment of any witness fees and for |
2581 | notifying in writing the state attorney's office in the |
2582 | appropriate circuit of the issuance of the subpoena. If the |
2583 | person who requests a formal review hearing fails to appear and |
2584 | the hearing officer finds such failure to be without just cause, |
2585 | the right to a formal hearing is waived and the suspension shall |
2586 | be sustained. |
2587 | (c) A party may seek enforcement of a subpoena under |
2588 | paragraph (b) by: |
2589 | 1. Filing a motion for enforcement of a subpoena in the |
2590 | related criminal case, if any; or |
2591 | 2. Filing a petition for enforcement in the circuit court |
2592 | of the judicial circuit in which the person failing to comply |
2593 | with the subpoena resides. A failure to comply with an order of |
2594 | the court shall result in a finding of contempt of court. |
2595 | However, a person is not in contempt while a subpoena is being |
2596 | challenged. |
2597 | (d) The department must, within 7 working days after a |
2598 | formal review hearing, send notice to the person of the hearing |
2599 | officer's decision as to whether sufficient cause exists to |
2600 | sustain, amend, or invalidate the suspension. |
2601 | Section 68. Subsection (12) is added to section 322.34, |
2602 | Florida Statutes, to read: |
2603 | 322.34 Driving while license suspended, revoked, canceled, |
2604 | or disqualified.- |
2605 | (1) Except as provided in subsection (2), any person whose |
2606 | driver's license or driving privilege has been canceled, |
2607 | suspended, or revoked, except a "habitual traffic offender" as |
2608 | defined in s. 322.264, who drives a vehicle upon the highways of |
2609 | this state while such license or privilege is canceled, |
2610 | suspended, or revoked is guilty of a moving violation, |
2611 | punishable as provided in chapter 318. |
2612 | (12) A person who commits a moving violation as provided |
2613 | in subsection (1) shall not have his or her motor vehicle |
2614 | impounded or immobilized. |
2615 | Section 69. Subsection (2) of section 322.53, Florida |
2616 | Statutes, is amended to read: |
2617 | 322.53 License required; exemptions.- |
2618 | (2) The following persons are exempt from the requirement |
2619 | to obtain a commercial driver's license: |
2620 | (a) Drivers of authorized emergency vehicles. |
2621 | (b) Military personnel driving vehicles operated for |
2622 | military purposes. |
2623 | (c) Farmers transporting agricultural products, farm |
2624 | supplies, or farm machinery to or from their farms within 150 |
2625 | miles of their farm if the vehicle operated under this exemption |
2626 | is not used in the operations of a common or contract motor |
2627 | carrier, or transporting agricultural products to or from the |
2628 | first place of storage or processing or directly to or from |
2629 | market, within 150 miles of their farm. |
2630 | (d) Drivers of recreational vehicles, as defined in s. |
2631 | 320.01. |
2632 | (e) Drivers who operate straight trucks, as defined in s. |
2633 | 316.003, which that are exclusively transporting their own |
2634 | tangible personal property that which is not for sale or hire, |
2635 | and the vehicles are not used in commerce. |
2636 | (f) An employee of a publicly owned transit system who is |
2637 | limited to moving vehicles for maintenance or parking purposes |
2638 | exclusively within the restricted-access confines of a transit |
2639 | system's property. |
2640 | Section 70. Subsection (5) is added to section 322.54, |
2641 | Florida Statutes, to read: |
2642 | 322.54 Classification.- |
2643 | (5) The required driver's license classification of any |
2644 | person operating a commercial motor vehicle that has no gross |
2645 | vehicle weight rating plate or no vehicle identification number |
2646 | shall be determined by the actual weight of the vehicle. |
2647 | Section 71. Section 322.58, Florida Statutes, is repealed. |
2648 | Section 72. Section 322.59, Florida Statutes, is amended |
2649 | to read: |
2650 | 322.59 Possession of medical examiner's certificate.- |
2651 | (1) The department shall not issue a commercial driver's |
2652 | license to any person who is required by the laws of this state |
2653 | or by federal law to possess a medical examiner's certificate, |
2654 | unless such person provides presents a valid certificate, as |
2655 | described in 49 C.F.R. s. 383.71 prior to licensure. |
2656 | (2) The department shall disqualify a driver from |
2657 | operating a commercial motor vehicle if that driver holds a |
2658 | commercial driver's license and fails to comply with the medical |
2659 | certification requirements described in 49 C.F.R. s. 383.71. |
2660 | (2) This section does not expand the requirements as to |
2661 | who must possess a medical examiner's certificate. |
2662 | Section 73. Subsection (5) of section 322.61, Florida |
2663 | Statutes, is amended to read: |
2664 | 322.61 Disqualification from operating a commercial motor |
2665 | vehicle.- |
2666 | (5) Any person who is convicted of two violations |
2667 | specified in subsection (3) which were committed while operating |
2668 | a commercial motor vehicle, or any combination thereof, arising |
2669 | in separate incidents shall be permanently disqualified from |
2670 | operating a commercial motor vehicle. Any holder of a commercial |
2671 | driver's license who is convicted of two violations specified in |
2672 | subsection (3), which were committed while operating any a |
2673 | noncommercial motor vehicle, or any combination thereof, arising |
2674 | in separate incidents shall be permanently disqualified from |
2675 | operating a commercial motor vehicle. The penalty provided in |
2676 | this subsection is in addition to any other applicable penalty. |
2677 | Section 74. Subsections (1), (4), (7), (8), and (11) of |
2678 | section 322.64, Florida Statutes, are amended to read: |
2679 | 322.64 Holder of commercial driver's license; persons |
2680 | operating a commercial motor vehicle; driving with unlawful |
2681 | blood-alcohol level; refusal to submit to breath, urine, or |
2682 | blood test.- |
2683 | (1)(a) A law enforcement officer or correctional officer |
2684 | shall, on behalf of the department, disqualify from operating |
2685 | any commercial motor vehicle a person who while operating or in |
2686 | actual physical control of a commercial motor vehicle is |
2687 | arrested for a violation of s. 316.193, relating to unlawful |
2688 | blood-alcohol level or breath-alcohol level, or a person who has |
2689 | refused to submit to a breath, urine, or blood test authorized |
2690 | by s. 322.63 or s. 316.1932 arising out of the operation or |
2691 | actual physical control of a commercial motor vehicle. A law |
2692 | enforcement officer or correctional officer shall, on behalf of |
2693 | the department, disqualify the holder of a commercial driver's |
2694 | license from operating any commercial motor vehicle if the |
2695 | licenseholder, while operating or in actual physical control of |
2696 | a motor vehicle, is arrested for a violation of s. 316.193, |
2697 | relating to unlawful blood-alcohol level or breath-alcohol |
2698 | level, or refused to submit to a breath, urine, or blood test |
2699 | authorized by s. 322.63 or s. 316.1932. Upon disqualification of |
2700 | the person, the officer shall take the person's driver's license |
2701 | and issue the person a 10-day temporary permit for the operation |
2702 | of noncommercial vehicles only if the person is otherwise |
2703 | eligible for the driving privilege and shall issue the person a |
2704 | notice of disqualification. If the person has been given a |
2705 | blood, breath, or urine test, the results of which are not |
2706 | available to the officer at the time of the arrest, the agency |
2707 | employing the officer shall transmit such results to the |
2708 | department within 5 days after receipt of the results. If the |
2709 | department then determines that the person had a blood-alcohol |
2710 | level or breath-alcohol level of 0.08 or higher, the department |
2711 | shall disqualify the person from operating a commercial motor |
2712 | vehicle pursuant to subsection (3). |
2713 | (b) For purposes of determining the period of |
2714 | disqualification described in 49 C.F.R. s. 383.51, |
2715 | disqualifications listed in paragraph (a) shall be treated as |
2716 | convictions. |
2717 | (c)(b) The disqualification under paragraph (a) shall be |
2718 | pursuant to, and the notice of disqualification shall inform the |
2719 | driver of, the following: |
2720 | 1.a. The driver refused to submit to a lawful breath, |
2721 | blood, or urine test and he or she is disqualified from |
2722 | operating a commercial motor vehicle for the time period |
2723 | specified in 49 C.F.R. s. 383.51 a period of 1 year, for a first |
2724 | refusal, or permanently, if he or she has previously been |
2725 | disqualified under this section; or |
2726 | b. The driver had an unlawful blood-alcohol or breath- |
2727 | alcohol level of 0.08 or higher while driving or in actual |
2728 | physical control of a commercial motor vehicle, or any motor |
2729 | vehicle if the driver holds a commercial driver license, and is |
2730 | disqualified for the time period specified in 49 C.F.R. s. |
2731 | 383.51. The driver was driving or in actual physical control of |
2732 | a commercial motor vehicle, or any motor vehicle if the driver |
2733 | holds a commercial driver's license, had an unlawful blood- |
2734 | alcohol level or breath-alcohol level of 0.08 or higher, and his |
2735 | or her driving privilege shall be disqualified for a period of 1 |
2736 | year for a first offense or permanently disqualified if his or |
2737 | her driving privilege has been previously disqualified under |
2738 | this section. |
2739 | 2. The disqualification period for operating commercial |
2740 | vehicles shall commence on the date of issuance of the notice of |
2741 | disqualification. |
2742 | 3. The driver may request a formal or informal review of |
2743 | the disqualification by the department within 10 days after the |
2744 | date of issuance of the notice of disqualification. |
2745 | 4. The temporary permit issued at the time of |
2746 | disqualification expires at midnight of the 10th day following |
2747 | the date of disqualification. |
2748 | 5. The driver may submit to the department any materials |
2749 | relevant to the disqualification. |
2750 | (4) If the person disqualified requests an informal review |
2751 | pursuant to subparagraph (1)(c)(b)3., the department shall |
2752 | conduct the informal review by a hearing officer employed by the |
2753 | department. Such informal review hearing shall consist solely of |
2754 | an examination by the department of the materials submitted by a |
2755 | law enforcement officer or correctional officer and by the |
2756 | person disqualified, and the presence of an officer or witness |
2757 | is not required. |
2758 | (7) In a formal review hearing under subsection (6) or an |
2759 | informal review hearing under subsection (4), the hearing |
2760 | officer shall determine by a preponderance of the evidence |
2761 | whether sufficient cause exists to sustain, amend, or invalidate |
2762 | the disqualification. The scope of the review shall be limited |
2763 | to the following issues: |
2764 | (a) If the person was disqualified from operating a |
2765 | commercial motor vehicle for driving with an unlawful blood- |
2766 | alcohol level: |
2767 | 1. Whether the arresting law enforcement officer had |
2768 | probable cause to believe that the person was driving or in |
2769 | actual physical control of a commercial motor vehicle, or any |
2770 | motor vehicle if the driver holds a commercial driver's license, |
2771 | in this state while he or she had any alcohol, chemical |
2772 | substances, or controlled substances in his or her body. |
2773 | 2. Whether the person had an unlawful blood-alcohol level |
2774 | or breath-alcohol level of 0.08 or higher. |
2775 | (b) If the person was disqualified from operating a |
2776 | commercial motor vehicle for refusal to submit to a breath, |
2777 | blood, or urine test: |
2778 | 1. Whether the law enforcement officer had probable cause |
2779 | to believe that the person was driving or in actual physical |
2780 | control of a commercial motor vehicle, or any motor vehicle if |
2781 | the driver holds a commercial driver's license, in this state |
2782 | while he or she had any alcohol, chemical substances, or |
2783 | controlled substances in his or her body. |
2784 | 2. Whether the person refused to submit to the test after |
2785 | being requested to do so by a law enforcement officer or |
2786 | correctional officer. |
2787 | 3. Whether the person was told that if he or she refused |
2788 | to submit to such test he or she would be disqualified from |
2789 | operating a commercial motor vehicle for a period of 1 year or, |
2790 | if previously disqualified under this section, permanently. |
2791 | (8) Based on the determination of the hearing officer |
2792 | pursuant to subsection (7) for both informal hearings under |
2793 | subsection (4) and formal hearings under subsection (6), the |
2794 | department shall: |
2795 | (a) sustain the disqualification for the time period |
2796 | described in 49 C.F.R. s. 383.51 a period of 1 year for a first |
2797 | refusal, or permanently if such person has been previously |
2798 | disqualified from operating a commercial motor vehicle under |
2799 | this section. The disqualification period commences on the date |
2800 | of the issuance of the notice of disqualification. |
2801 | (b) Sustain the disqualification: |
2802 | 1. For a period of 1 year if the person was driving or in |
2803 | actual physical control of a commercial motor vehicle, or any |
2804 | motor vehicle if the driver holds a commercial driver's license, |
2805 | and had an unlawful blood-alcohol level or breath-alcohol level |
2806 | of 0.08 or higher; or |
2807 | 2. Permanently if the person has been previously |
2808 | disqualified from operating a commercial motor vehicle under |
2809 | this section or his or her driving privilege has been previously |
2810 | suspended for driving or being in actual physical control of a |
2811 | commercial motor vehicle, or any motor vehicle if the driver |
2812 | holds a commercial driver's license, and had an unlawful blood- |
2813 | alcohol level or breath-alcohol level of 0.08 or higher. |
2814 |
|
2815 | The disqualification period commences on the date of the |
2816 | issuance of the notice of disqualification. |
2817 | (11) The formal review hearing may be conducted upon a |
2818 | review of the reports of a law enforcement officer or a |
2819 | correctional officer, including documents relating to the |
2820 | administration of a breath test or blood test or the refusal to |
2821 | take a breath, blood, or urine either test. However, as provided |
2822 | in subsection (6), the driver may subpoena the officer or any |
2823 | person who administered or analyzed a breath or blood test. |
2824 | Section 75. Section 328.30, Florida Statutes, is amended |
2825 | to read: |
2826 | 328.30 Transactions by electronic or telephonic means.- |
2827 | (1) The department may is authorized to accept any |
2828 | application provided for under this chapter by electronic or |
2829 | telephonic means. |
2830 | (2) The department may issue an electronic certificate of |
2831 | title in lieu of printing a paper title. |
2832 | (3) The department may collect and use electronic mail |
2833 | addresses for the purpose of providing renewal notices in lieu |
2834 | of the United States Postal Service. |
2835 | Section 76. Subsection (2) of section 413.012, Florida |
2836 | Statutes, is amended to read: |
2837 | 413.012 Confidential records disclosure prohibited; |
2838 | exemptions.- |
2839 | (2) It is unlawful for any person to disclose, authorize |
2840 | the disclosure, solicit, receive, or make use of any list of |
2841 | names and addresses or any record containing any information set |
2842 | forth in subsection (1) and maintained in the division. The |
2843 | prohibition provided for in this subsection shall not apply to |
2844 | the use of such information for purposes directly connected with |
2845 | the administration of the vocational rehabilitation program or |
2846 | with the monthly dispatch to the Division of Driver Licenses of |
2847 | the Department of Highway Safety and Motor Vehicles of the name |
2848 | in full, place and date of birth, sex, social security number, |
2849 | and resident address of individuals with central visual acuity |
2850 | 20/200 or less in the better eye with correcting glasses, or a |
2851 | disqualifying field defect in which the peripheral field has |
2852 | contracted to such an extent that the widest diameter or visual |
2853 | field subtends an angular distance no greater than 20 degrees. |
2854 | When requested in writing by an applicant or client, or her or |
2855 | his representative, the Division of Blind Services shall release |
2856 | confidential information to the applicant or client or her or |
2857 | his representative. |
2858 | Section 77. Paragraph (f) of subsection (13) of section |
2859 | 713.78, Florida Statutes, is amended to read: |
2860 | 713.78 Liens for recovering, towing, or storing vehicles |
2861 | and vessels.- |
2862 | (13) |
2863 | (f) This subsection applies only to the annual renewal in |
2864 | the registered owner's birth month of a motor vehicle |
2865 | registration and does not apply to the transfer of a |
2866 | registration of a motor vehicle sold by a motor vehicle dealer |
2867 | licensed under chapter 320, except for the transfer of |
2868 | registrations which is inclusive of the annual renewals. This |
2869 | subsection does not apply to any vehicle registered in the name |
2870 | of the lessor. This subsection does not affect the issuance of |
2871 | the title to a motor vehicle, notwithstanding s. |
2872 | 319.23(8)(7)(b). |
2873 | Section 78. Edna S. Hargrett-Thrower Avenue designated; |
2874 | Department of Transportation to erect suitable markers.- |
2875 | (1) That portion of Orange Blossom Trail between Gore |
2876 | Street and Church Street in Orange County is designated as "Edna |
2877 | S. Hargrett-Thrower Avenue." |
2878 | (2) The Department of Transportation is directed to erect |
2879 | suitable markers designating Edna S. Hargrett-Thrower Avenue as |
2880 | described in subsection (1). |
2881 | Section 79. SP4 Thomas Berry Corbin Memorial Highway |
2882 | designated; Department of Transportation to erect suitable |
2883 | markers.- |
2884 | (1) That portion of U.S. Highway 19/27A/98/State Road 55 |
2885 | between the Suwannee River Bridge and N.E. 592nd Street/Chavous |
2886 | Road/Kate Green Road in Dixie County is designated as "SP4 |
2887 | Thomas Berry Corbin Memorial Highway." |
2888 | (2) The Department of Transportation is directed to erect |
2889 | suitable markers designating SP4 Thomas Berry Corbin Memorial |
2890 | Highway as described in subsection (1). |
2891 | Section 80. U.S. Navy BMC Samuel Calhoun Chavous, Jr. |
2892 | Memorial Highway designated; Department of Transportation to |
2893 | erect suitable markers.- |
2894 | (1) That portion of U.S. Highway 19/98/State Road 55 |
2895 | between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E. |
2896 | 170th Street in Dixie County is designated as "U.S. Navy BMC |
2897 | Samuel Calhoun Chavous, Jr. Memorial Highway." |
2898 | (2) The Department of Transportation is directed to erect |
2899 | suitable markers designating U.S. Navy BMC Samuel Calhoun |
2900 | Chavous, Jr. Memorial Highway as described in subsection (1). |
2901 | Section 81. Marine Lance Corporal Brian R. Buesing |
2902 | Memorial Highway designated; Department of Transportation to |
2903 | erect suitable markers.- |
2904 | (1) That portion of State Road 24 between County Road 347 |
2905 | and Bridge Number 340053 in Levy County is designated as "Marine |
2906 | Lance Corporal Brian R. Buesing Memorial Highway." |
2907 | (2) The Department of Transportation is directed to erect |
2908 | suitable markers designating Marine Lance Corporal Brian R. |
2909 | Buesing Memorial Highway as described in subsection (1). |
2910 | Section 82. United States Army Sergeant Karl A. Campbell |
2911 | Memorial Highway designated; Department of Transportation to |
2912 | erect suitable markers.- |
2913 | (1) That portion of U.S. Highway 19/98/State Road 55/S. |
2914 | Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy |
2915 | County is designated as "United States Army Sergeant Karl A. |
2916 | Campbell Memorial Highway." |
2917 | (2) The Department of Transportation is directed to erect |
2918 | suitable markers designating United States Army Sergeant Karl A. |
2919 | Campbell Memorial Highway as described in subsection (1). |
2920 | Section 83. U.S. Army SPC James A. Page Memorial Highway |
2921 | designated; Department of Transportation to erect suitable |
2922 | markers.- |
2923 | (1) That portion of U.S. Highway 27A/State Road |
2924 | 500/Hathaway Avenue between State Road 24/Thrasher Drive and |
2925 | Town Court in Levy County is designated as "U.S. Army SPC James |
2926 | A. Page Memorial Highway." |
2927 | (2) The Department of Transportation is directed to erect |
2928 | suitable markers designating U.S. Army SPC James A. Page |
2929 | Memorial Highway as described in subsection (1). |
2930 | Section 84. Veterans Memorial Highway designated; |
2931 | Department of Transportation to erect suitable markers.- |
2932 | (1) That portion of State Road 19 between U.S. Highway |
2933 | 17/State Road 15 and Carriage Drive in the City of Palatka in |
2934 | Putnam County is designated as "Veterans Memorial Highway." |
2935 | (2) The Department of Transportation is directed to erect |
2936 | suitable markers designating Veterans Memorial Highway as |
2937 | described in subsection (1). |
2938 | Section 85. Ben G. Watts Highway designated; Department of |
2939 | Transportation to erect suitable markers.- |
2940 | (1) That portion of U.S. Highway 90/State Road 10 between |
2941 | the Holmes County line and the Jackson County line in Washington |
2942 | County is designated as "Ben G. Watts Highway." |
2943 | (2) The Department of Transportation is directed to erect |
2944 | suitable markers designating Ben G. Watts Highway as described |
2945 | in subsection (1). |
2946 | Section 86. Mardi Gras Way designated; Department of |
2947 | Transportation to erect suitable markers.- |
2948 | (1) That portion of State Road 824 between Interstate 95 |
2949 | and U.S. Highway 1 in Broward County is designated as "Mardi |
2950 | Gras Way." |
2951 | (2) The Department of Transportation is directed to erect |
2952 | suitable markers designating Mardi Gras Way as described in |
2953 | subsection (1). |
2954 | Section 87. West Park Boulevard designated; Department of |
2955 | Transportation to erect suitable markers.- |
2956 | (1) That portion of State Road 7 between Pembroke Road and |
2957 | County Line Road in Broward County is designated as "West Park |
2958 | Boulevard." |
2959 | (2) The Department of Transportation is directed to erect |
2960 | suitable markers designating West Park Boulevard as described in |
2961 | subsection (1). |
2962 | Section 88. Pembroke Park Boulevard designated; Department |
2963 | of Transportation to erect suitable markers.- |
2964 | (1) That portion of State Road 858/Hallandale Beach |
2965 | Boulevard between Interstate 95 and U.S. Highway 441/State Road |
2966 | 7 in Broward County is designated as "Pembroke Park Boulevard." |
2967 | (2) The Department of Transportation is directed to erect |
2968 | suitable markers designating Pembroke Park Boulevard as |
2969 | described in subsection (1). |
2970 | Section 89. Stark Memorial Drive designated; Department of |
2971 | Transportation to erect suitable markers.- |
2972 | (1) That portion of State Road 101/Mayport Road between |
2973 | State Road A1A and Wonderwood Connector in Duval County is |
2974 | designated as "Stark Memorial Drive." |
2975 | (2) The Department of Transportation is directed to erect |
2976 | suitable markers designating Stark Memorial Drive as described |
2977 | in subsection (1). |
2978 | Section 90. Duval County Law Enforcement Memorial Overpass |
2979 | designated; Department of Transportation to erect suitable |
2980 | markers.- |
2981 | (1) The Interstate 295/State Road 9A overpass (Bridge |
2982 | Numbers 720256 and 720347) over Interstate 10/State Road 8 in |
2983 | Duval County is designated as "Duval County Law Enforcement |
2984 | Memorial Overpass." |
2985 | (2) The Department of Transportation is directed to erect |
2986 | suitable markers designating Duval County Law Enforcement |
2987 | Memorial Overpass as described in subsection (1). |
2988 | Section 91. Verna Bell Way designated; Department of |
2989 | Transportation to erect suitable markers.- |
2990 | (1) That portion of State Road 200 between Lime Street and |
2991 | Beech Street in the City of Fernandina Beach in Nassau County is |
2992 | designated as "Verna Bell Way." |
2993 | (2) The Department of Transportation is directed to erect |
2994 | suitable markers designating Verna Bell Way as described in |
2995 | subsection (1). |
2996 | Section 92. Deputy Hal P. Croft and Deputy Ronald Jackson |
2997 | Memorial Highway designated; Department of Transportation to |
2998 | erect suitable markers.- |
2999 | (1) That portion of State Road 100 East in Union County |
3000 | between the Bradford County line and the Columbia County line is |
3001 | designated as "Deputy Hal P. Croft and Deputy Ronald Jackson |
3002 | Memorial Highway." |
3003 | (2) The Department of Transportation is directed to erect |
3004 | suitable markers designating Deputy Hal P. Croft and Deputy |
3005 | Ronald Jackson Memorial Highway as described in subsection (1). |
3006 | Section 93. Dr. Oscar Elias Biscet Boulevard designated; |
3007 | Department of Transportation to erect suitable markers.- |
3008 | (1) That portion of Coral Way between S.W. 32nd Avenue and |
3009 | S.W. 37th Avenue in Miami-Dade County is designated as "Dr. |
3010 | Oscar Elias Biscet Boulevard." |
3011 | (2) The Department of Transportation is directed to erect |
3012 | suitable markers designating Dr. Oscar Elias Biscet Boulevard as |
3013 | described in subsection (1). |
3014 | Section 94. Hugh Anderson Boulevard designated; Department |
3015 | of Transportation to erect suitable markers.- |
3016 | (1) That portion of Biscayne Boulevard between N.E. 88th |
3017 | Street and N.E. 105th Street in Miami Shores Village in Miami- |
3018 | Dade County is designated as "Hugh Anderson Boulevard." |
3019 | (2) The Department of Transportation is directed to erect |
3020 | suitable markers designating Hugh Anderson Boulevard as |
3021 | described in subsection (1). |
3022 | Section 95. Palmetto General Hospital Way designated; |
3023 | Department of Transportation to erect suitable markers.- |
3024 | (1) That portion of West 20th Avenue between West 68th |
3025 | Street and West 73rd Street in Miami-Dade County is designated |
3026 | as "Palmetto General Hospital Way." |
3027 | (2) The Department of Transportation is directed to erect |
3028 | suitable markers designating Palmetto General Hospital Way as |
3029 | described in subsection (1). |
3030 | Section 96. Senator Javier D. Souto Way designated; |
3031 | Department of Transportation to erect suitable markers.- |
3032 | (1) That portion of State Road 976/Bird Road between S.W. |
3033 | 87th Avenue and the Palmetto Expressway Ramp in Miami-Dade |
3034 | County is designated as "Senator Javier D. Souto Way." |
3035 | (2) The Department of Transportation is directed to erect |
3036 | suitable markers designating Senator Javier D. Souto Way as |
3037 | described subsection (1). |
3038 | Section 97. Reverend Max Salvadore Avenue designated; |
3039 | Department of Transportation to erect suitable markers.- |
3040 | (1) That portion of S.W. 27th Avenue between S.W. 8th |
3041 | Street and S.W. 13th Street in the City of Miami in Miami-Dade |
3042 | County is designated as "Reverend Max Salvadore Avenue." |
3043 | (2) The Department of Transportation is directed to erect |
3044 | suitable markers designating Reverend Max Salvadore Avenue as |
3045 | described in subsection (1). |
3046 | Section 98. BRIGADA 2506 STREET, Carlos Rodriguez Santana |
3047 | designated; Department of Transportation to erect suitable |
3048 | markers.- |
3049 | (1) That portion of S.W. 8th Street between S.W. 10th |
3050 | Avenue and S.W. 12th Avenue in the City of Miami in Miami-Dade |
3051 | County is designated as "BRIGADA 2506 STREET, Carlos Rodriguez |
3052 | Santana." |
3053 | (2) The Department of Transportation is directed to erect |
3054 | suitable markers designating BRIGADA 2506 STREET, Carlos |
3055 | Rodriguez Santana as described in subsection (1). |
3056 | Section 99. Rev. Jorge Comesanas Way designated; |
3057 | Department of Transportation to erect suitable markers.- |
3058 | (1) That portion of S.W. 87th Avenue between S.W. 8th |
3059 | Street and S.W. 24th Street in Miami-Dade County is designated |
3060 | as "Rev. Jorge Comesanas Way." |
3061 | (2) The Department of Transportation is directed to erect |
3062 | suitable markers designating Rev. Jorge Comesanas Way as |
3063 | described in subsection (1). |
3064 | Section 100. Amadeo Lopez-Castro, Jr. Road designated; |
3065 | Department of Transportation to erect suitable markers.- |
3066 | (1) That portion of S.W. 57th Avenue/Red Road between S.W. |
3067 | 8th Street and S.W. 88th Street/Kendall Drive in Miami-Dade |
3068 | County is designated as "Amadeo Lopez-Castro, Jr. Road." |
3069 | (2) The Department of Transportation is directed to erect |
3070 | suitable markers designating Amadeo Lopez-Castro, Jr. Road as |
3071 | described in subsection (1). |
3072 | Section 101. Benjamin Leon, Jr. Way designated; Department |
3073 | of Transportation to erect suitable markers.- |
3074 | (1) That portion of 27th Avenue located in Miami-Dade |
3075 | County is designated as "Benjamin Leon, Jr. Way." |
3076 | (2) The Department of Transportation is directed to erect |
3077 | suitable markers designating Benjamin Leon, Jr. Way as described |
3078 | in subsection (1). |
3079 | Section 102. Miami Medical Team Way designated; Department |
3080 | of Transportation to erect suitable markers.- |
3081 | (1) That portion of Coral Way/S.W. 22nd Street between |
3082 | 24th Avenue and 27th Avenue in Miami-Dade County is designated |
3083 | as "Miami Medical Team Way." |
3084 | (2) The Department of Transportation is directed to erect |
3085 | suitable markers designating Miami Medical Team Way as described |
3086 | in subsection (1). |
3087 | Section 103. Alma Lee Loy Bridge designated; Department of |
3088 | Transportation to erect suitable markers.- |
3089 | (1) Bridge Number 880077 on State Road 656 between State |
3090 | Road A1A and Indian River Boulevard in the City of Vero Beach in |
3091 | Indian River County is designated as "Alma Lee Loy Bridge." |
3092 | (2) The Department of Transportation is directed to erect |
3093 | suitable markers designating Alma Lee Loy Bridge as described |
3094 | subsection (1). |
3095 | Section 104. Samuel B. Love Memorial Highway designated; |
3096 | Department of Transportation to erect suitable markers.- |
3097 | (1) That portion of Sunset Harbor Road between S.E. 105th |
3098 | Avenue and S.E. 115th Avenue in Marion County is designated as |
3099 | "Samuel B. Love Memorial Highway." |
3100 | (2) The Department of Transportation is directed to erect |
3101 | suitable markers designating Samuel B. Love Memorial Highway as |
3102 | described in subsection (1). |
3103 | Section 105. Elvin Martinez Road designated; Department of |
3104 | Transportation to erect suitable markers.- |
3105 | (1) That portion of Tampa Bay Boulevard between Armenia |
3106 | Avenue and Himes Avenue in Hillsborough County is designated as |
3107 | "Elvin Martinez Road." |
3108 | (2) The Department of Transportation is directed to erect |
3109 | suitable markers designating Elvin Martinez Road as described in |
3110 | subsection (1). |
3111 | Section 106. Whale Harbor Joe Roth, Jr. Bridge designated; |
3112 | Department of Transportation to erect suitable markers.- |
3113 | (1) Whale Harbor Bridge (Bridge Number 900076) on U.S. |
3114 | Highway 1/State Road 5 in Monroe County is designated as "Whale |
3115 | Harbor Joe Roth Jr. Bridge." |
3116 | (2) The Department of Transportation is directed to erect |
3117 | suitable markers designating Whale Harbor Joe Roth Jr. Bridge as |
3118 | described in subsection (1). |
3119 | Section 107. Florida Highway Patrol Trooper Sgt. Nicholas |
3120 | G. Sottile Memorial designated; Department of Transportation to |
3121 | erect suitable markers.- |
3122 | (1) Milepost 22.182 on U.S. Highway 27 in Highlands County |
3123 | is designated as "Florida Highway Patrol Trooper Sgt. Nicholas |
3124 | G. Sottile Memorial." |
3125 | (2) The Department of Transportation is directed to erect |
3126 | suitable markers designating Florida Highway Patrol Trooper Sgt. |
3127 | Nicholas G. Sottile Memorial as described subsection (1). |
3128 | Section 108. Coach Jimmy Carnes Boulevard designated; |
3129 | Department of Transportation to erect suitable markers.- |
3130 | (1) That portion of S.W. 23rd Street, in front of James G. |
3131 | Pressly Stadium, and 4211 S.W. 23rd Street, located between S.W. |
3132 | 2nd Avenue and Fraternity Row/Drive in Alachua County, is |
3133 | designated as "Coach Jimmy Carnes Boulevard." |
3134 | (2) The Department of Transportation is directed to erect |
3135 | suitable markers designating Coach Jimmy Carnes Boulevard as |
3136 | described in subsection (1). |
3137 | Section 109. Section 24 of chapter 2010-230, Laws of |
3138 | Florida, is amended to read: |
3139 | Section 24. Miss Lillie Williams Boulevard designated; |
3140 | Department of Transportation to erect suitable markers.- |
3141 | (1) That portion of N.W. 79th Street between N.W. 6th |
3142 | Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is |
3143 | designated as "Miss Lillie Williams Boulevard." |
3144 | (2) The Department of Transportation is directed to erect |
3145 | suitable markers designating Miss Lillie Williams Boulevard as |
3146 | described in subsection (1). |
3147 | Section 110. Section 45 of chapter 2010-230, Laws of |
3148 | Florida, is amended to read: |
3149 | Section 45. Father Gerard Jean-Juste Street designated; |
3150 | Department of Transportation to erect suitable markers.- |
3151 | (1) That portion of N.W. 54th Street in Miami-Dade County |
3152 | between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti |
3153 | is designated "Father Gerard Jean-Juste Street." |
3154 | (2) The Department of Transportation is directed to erect |
3155 | suitable markers designating Father Gerard Jean-Juste Street as |
3156 | described in subsection (1). |
3157 | Section 111. Tanya Martin Oubre Pekel Street designated; |
3158 | Department of Transportation to erect suitable markers.- |
3159 | (1) That portion of State Road 932/N.E. 103rd Street |
3160 | between N.W. 3rd Avenue and N.E. 6th Avenue in Miami-Dade County |
3161 | is designated as "Tanya Martin Oubre Pekel Street." |
3162 | (2) The Department of Transportation is directed to erect |
3163 | suitable markers designating Tanya Martin Oubre Pekel Street as |
3164 | described in subsection (1). |
3165 | Section 112. Deputy Jack A. Romeis Road designated; |
3166 | Department of Transportation to erect suitable markers.- |
3167 | (1) That portion of State Road 26A in Gainesville, Alachua |
3168 | County, between West University Avenue and S.W. 25th Street, is |
3169 | designated "Deputy Jack A. Romeis Road." |
3170 | (2) The Department of Transportation is directed to erect |
3171 | suitable markers designating Deputy Jack A. Romeis Road as |
3172 | described in subsection (1). |
3173 | Section 113. Nona and Papa Road designated; Department of |
3174 | Transportation to erect suitable markers.- |
3175 | (1) That portion of the San Juan Road Extension in |
3176 | Anastasia State Park in St. Johns County is designated as "Nona |
3177 | and Papa Road." |
3178 | (2) The Department of Transportation is directed to erect |
3179 | suitable markers designating Nona and Papa Road as described |
3180 | subsection (1). |
3181 | Section 114. Walter Francis Spence Parkway designated; |
3182 | Department of Transportation to erect suitable markers.- |
3183 | (1) That portion of State Road 293 from U.S. Highway |
3184 | 98/State Road 30 to State Road 20 in Okaloosa County is |
3185 | designated as "Walter Francis Spence Parkway." |
3186 | (2) The Department of Transportation is directed to erect |
3187 | suitable markers designating Walter Francis Spence Parkway as |
3188 | described subsection (1). |
3189 | Section 115. Florida's Beaches and Rivers Parkway |
3190 | designated; Department of Transportation to erect suitable |
3191 | markers.- |
3192 | (1) That portion of State Route 87 from its intersection |
3193 | with U.S. Highway 98 northward to its intersection with U.S. |
3194 | Highway 90 in Santa Rosa County is designated "Florida's Beaches |
3195 | and Rivers Parkway." |
3196 | (2) The Department of Transportation is directed to erect |
3197 | suitable markers designating Florida's Beaches and Rivers |
3198 | Parkway as described subsection (1). |
3199 | Section 116. Corporal Michael J. Roberts Parkway |
3200 | designated; Department of Transportation to erect suitable |
3201 | markers.- |
3202 | (1) That portion of U.S. 41/State Road 45/Nebraska Avenue |
3203 | from County Road 584/Waters Avenue to State Road 580/Busch |
3204 | Boulevard is designated as "Corporal Michael J. Roberts |
3205 | Parkway." |
3206 | (2) The Department of Transportation is directed to erect |
3207 | suitable markers designating Corporal Michael J. Roberts as |
3208 | described subsection (1). |
3209 | Section 117. Harry T. and Harriette V. Moore Memorial |
3210 | Highway designated; Department of Transportation to erect |
3211 | suitable markers.- |
3212 | (1) That portion of State Road 46 in Brevard County from |
3213 | U.S. Highway 1 to the Volusia County line is designated as |
3214 | "Harry T. and Harriette V. Moore Memorial Highway." |
3215 | (2) The Department of Transportation is directed to erect |
3216 | suitable markers designating Harry T. and Harriette V. Moore |
3217 | Memorial Highway as described in subsection (1). |
3218 | Section 118. Elizabeth G. Means Memorial Boulevard |
3219 | designated; Department of Transportation to erect suitable |
3220 | markers.- |
3221 | (1) That portion of Beaver Street in Duval County between |
3222 | Laura Street and Rushing Street is designated as "Elizabeth G. |
3223 | Means Memorial Boulevard." |
3224 | (2) The Department of Transportation is directed to erect |
3225 | suitable markers designating Elizabeth G. Means Memorial |
3226 | Boulevard as described in subsection (1). |
3227 | Section 119. Louise Steward Memorial Boulevard designated; |
3228 | Department of Transportation to erect suitable markers.- |
3229 | (1) That portion of U.S. Highway 1 Alternate/SR 115/SR |
3230 | 115A/Haines Street Expressway in Duval County between 8th Street |
3231 | and Duval Street is designated as "Louise Steward Memorial |
3232 | Boulevard." |
3233 | (2) The Department of Transportation is directed to erect |
3234 | suitable markers designating Louise Steward Memorial Boulevard |
3235 | as described in subsection (1). |
3236 | Section 120. Isiah J. Williams, III, Memorial Boulevard |
3237 | designated; Department of Transportation to erect suitable |
3238 | markers.- |
3239 | (1) That portion of Edgewood Avenue in Duval County |
3240 | between Commonwealth Avenue and Beaver Street is designated as |
3241 | "Isiah J. Williams, III, Memorial Boulevard." |
3242 | (2) The Department of Transportation is directed to erect |
3243 | suitable markers designating Isiah J. Williams, III, Memorial |
3244 | Boulevard as described in subsection (1). |
3245 | Section 121. (1) This section may be cited as the "To |
3246 | Inform Families First Act." |
3247 | (2) The Department of Highway Safety and Motor Vehicles is |
3248 | encouraged to educate the law enforcement community and the |
3249 | general public about the importance of making certain that |
3250 | drivers are aware of and use the Emergency Contact Information |
3251 | program, established by the department. The department shall |
3252 | provide signs for the driver license offices to advertise the |
3253 | program. This voluntary program allows each driver the |
3254 | opportunity to register the names of up to two individuals as |
3255 | the person he or she would want to be contacted if he or she is |
3256 | involved in a crash. |
3257 | Section 122. Section 322.145, Florida Statutes, is created |
3258 | to read: |
3259 | 322.145 Electronic authentication of licenses.- |
3260 | (1) Any driver's license issued on or after July 1, 2012, |
3261 | must contain a means of electronic authentication, which |
3262 | conforms to a recognized standard for such authentication, such |
3263 | as public key infrastructure, symmetric key algorithms, security |
3264 | tokens, mediametrics, or biometrics. Electronic authentication |
3265 | capabilities must not interfere with or change the driver's |
3266 | license format or topology. |
3267 | (2) The department shall provide, at the applicant's |
3268 | option and at the time a license is issued, a security token |
3269 | that can be electronically authenticated through a personal |
3270 | computer. The token must also conform to one of the standards |
3271 | provided subsection (1). |
3272 | (3) The department shall negotiate a new contract with the |
3273 | vendor selected to implement the electronic authentication |
3274 | feature which provides that the vendor pay all costs of |
3275 | implementing the system. This contract must not conflict with |
3276 | current contractual arrangements for the issuance of driver's |
3277 | licenses. |
3278 | Section 123. Subsection (1) of section 316.066, Florida |
3279 | Statutes, is amended to read: |
3280 | 316.066 Written reports of crashes.- |
3281 | (1)(a) A Florida Traffic Crash Report, Long Form, must is |
3282 | required to be completed and submitted to the department within |
3283 | 10 days after completing an investigation is completed by the |
3284 | every law enforcement officer who in the regular course of duty |
3285 | investigates a motor vehicle crash: |
3286 | 1. That resulted in death of, or personal injury to, or |
3287 | any indication of complaints of pain or discomfort by any of the |
3288 | parties or passengers involved in the crash; |
3289 | 2. That involved one or more passengers, other than the |
3290 | drivers of the vehicles, in any of the vehicles involved in the |
3291 | crash;. |
3292 | 3.2. That involved a violation of s. 316.061(1) or s. |
3293 | 316.193; or. |
3294 | 4.3. In which a vehicle was rendered inoperative to a |
3295 | degree that required a wrecker to remove it from traffic, if |
3296 | such action is appropriate, in the officer's discretion. |
3297 | (b) The long form must include: |
3298 | 1. The date, time, and location of the crash. |
3299 | 2. A description of the vehicles involved. |
3300 | 3. The names and addresses of the parties involved. |
3301 | 4. The names and addresses of witnesses. |
3302 | 5. The name, badge number, and law enforcement agency of |
3303 | the officer investigating the crash. |
3304 | 6. The names of the insurance companies for the respective |
3305 | parties involved in the crash. |
3306 | 7. The names and addresses of all passengers in all |
3307 | vehicles involved in the crash, each clearly identified as being |
3308 | a passenger, including the identification of the vehicle in |
3309 | which each was a passenger. |
3310 | (c)(b) In every crash for which a Florida Traffic Crash |
3311 | Report, Long Form, is not required by this section, the law |
3312 | enforcement officer may complete a short-form crash report or |
3313 | provide a short-form crash report to be completed by each party |
3314 | involved in the crash. The short-form report must include all of |
3315 | the items listed in subparagraphs (b)1.-6. Short-form crash |
3316 | reports prepared by the law enforcement officer shall be |
3317 | maintained by the officer's agency.: |
3318 | 1. The date, time, and location of the crash. |
3319 | 2. A description of the vehicles involved. |
3320 | 3. The names and addresses of the parties involved. |
3321 | 4. The names and addresses of witnesses. |
3322 | 5. The name, badge number, and law enforcement agency of |
3323 | the officer investigating the crash. |
3324 | 6. The names of the insurance companies for the respective |
3325 | parties involved in the crash. |
3326 | (d)(c) Each party to the crash must shall provide the law |
3327 | enforcement officer with proof of insurance, which must to be |
3328 | included in the crash report. If a law enforcement officer |
3329 | submits a report on the accident, proof of insurance must be |
3330 | provided to the officer by each party involved in the crash. Any |
3331 | party who fails to provide the required information commits a |
3332 | noncriminal traffic infraction, punishable as a nonmoving |
3333 | violation as provided in chapter 318, unless the officer |
3334 | determines that due to injuries or other special circumstances |
3335 | such insurance information cannot be provided immediately. If |
3336 | the person provides the law enforcement agency, within 24 hours |
3337 | after the crash, proof of insurance that was valid at the time |
3338 | of the crash, the law enforcement agency may void the citation. |
3339 | (e)(d) The driver of a vehicle that was in any manner |
3340 | involved in a crash resulting in damage to any vehicle or other |
3341 | property in an amount of $500 or more, which crash was not |
3342 | investigated by a law enforcement agency, shall, within 10 days |
3343 | after the crash, submit a written report of the crash to the |
3344 | department or traffic records center. The entity receiving the |
3345 | report may require witnesses of the crash crashes to render |
3346 | reports and may require any driver of a vehicle involved in the |
3347 | a crash of which a written report must be made as provided in |
3348 | this section to file supplemental written reports if whenever |
3349 | the original report is deemed insufficient by the receiving |
3350 | entity. |
3351 | (f) The investigating law enforcement officer may testify |
3352 | at trial or provide a signed affidavit to confirm or supplement |
3353 | the information included on the long-form or short-form report. |
3354 | (e) Short-form crash reports prepared by law enforcement |
3355 | shall be maintained by the law enforcement officer's agency. |
3356 | Section 124. Subsections (5), (6), and (7) are added to |
3357 | section 316.0083, Florida Statutes, to read: |
3358 | 316.0083 Mark Wandall Traffic Safety Program; |
3359 | administration; report.- |
3360 | (5) Prior to installing a traffic infraction detector, the |
3361 | department, a county, or a municipality must request that the |
3362 | Department of Transportation perform a safety hazard study for |
3363 | the intersection. The department, a county, or a municipality |
3364 | shall be responsible for the cost of the study. A traffic |
3365 | infraction detector may not be installed until the Department of |
3366 | Transportation has performed the study and determined that the |
3367 | intersection warrants a traffic infraction detector. |
3368 | (6) A safety hazard study required under this section |
3369 | shall evaluate the safety of an intersection within a 6-month |
3370 | period. A safety hazard exists if, at the end of the study |
3371 | period, the Department of Transportation identifies a |
3372 | statistically disproportionate number of motor vehicle crashes |
3373 | at the intersection, greater than that of similarly situated |
3374 | intersections in the county or municipality. |
3375 | (7) Notwithstanding subsection (1), the department, a |
3376 | county, or a municipality may not use a traffic infraction |
3377 | detector to enforce a violation of s. 316.075(1)(c)1. when a |
3378 | driver is making a right turn or when a driver is making a left |
3379 | turn from a one-way street onto a one-way street. |
3380 | Section 125. Except as otherwise expressly provided in |
3381 | this act, this act shall take effect July 1, 2011. |
3382 |
|
3383 |
|
3384 | ----------------------------------------------------- |
3385 | T I T L E A M E N D M E N T |
3386 | Remove the entire title and insert: |
3387 | A bill to be entitled |
3388 | An act relating to highway safety and motor vehicles; amending |
3389 | s. 20.24, F.S.; specifying that the executive director of the |
3390 | Department of Highway Safety and Motor Vehicles serves at the |
3391 | pleasure of the Governor and Cabinet; creating a Division of |
3392 | Motorist Services within the department; eliminating the |
3393 | Division of Driver Licenses and the Division of Motor Vehicles; |
3394 | amending ss. 261.03 and 288.816, F.S., relating to off-highway |
3395 | vehicle safety and recreation and Consul Corps license plates, |
3396 | respectively; conforming references; amending s. 311.121, F.S., |
3397 | relating to membership of the Seaport Security Officer |
3398 | Qualification, Training, and Standards Coordinating Council; |
3399 | conforming provisions to changes made by the act; amending s. |
3400 | 316.003, F.S.; revising definitions and defining the term "swamp |
3401 | buggy" for purposes of the Florida Uniform Traffic Control Law; |
3402 | reenacting s. 316.065(4), F.S., relating to crash reports, to |
3403 | incorporate changes made to s. 316.066, F.S., by chapter 2010- |
3404 | 163, Laws of Florida; amending s. 316.1303, F.S.; authorizing a |
3405 | person with impaired mobility using a motorized wheelchair or |
3406 | scooter to temporarily leave the sidewalk and use the roadway |
3407 | under certain circumstances; amending s. 316.1957, F.S., |
3408 | relating to parking violations; conforming a reference; amending |
3409 | s. 316.2065, F.S.; revising safety standard requirements for |
3410 | bicycle helmets that must be worn by certain riders and |
3411 | passengers; revising requirements for a bicycle operator to ride |
3412 | in a bicycle lane or along the curb or edge of the roadway; |
3413 | providing for enforcement of requirements for bicycle lighting |
3414 | equipment; providing penalties for violations; providing for |
3415 | dismissal of the charge following a first offense under certain |
3416 | circumstances; amending s. 316.2085, F.S.; requiring the license |
3417 | tag of a motorcycle or moped to remain clearly visible from the |
3418 | rear; prohibiting deliberate acts to conceal or obscure the tag; |
3419 | providing for certain tags to be affixed perpendicularly; |
3420 | amending ss. 316.2122, 316.2124, 316.21265, 316.3026, and |
3421 | 316.550, F.S., relating to low-speed vehicles, disability access |
3422 | vehicles, all-terrain and utility vehicles, motor carriers, and |
3423 | special permits, respectively; conforming cross-references; |
3424 | amending s. 316.545, F.S.; providing for the regulation of |
3425 | apportionable vehicles; amending s. 316.613, F.S.; providing an |
3426 | exception for certain for-hire passenger vehicles from |
3427 | provisions requiring the use of child restraint devices in motor |
3428 | vehicles; amending s. 317.0003, F.S., relating to off-highway |
3429 | vehicles; conforming a cross-reference; amending s. 317.0016, |
3430 | F.S.; eliminating a requirement that the department provide |
3431 | expedited service for certificates of repossession; amending s. |
3432 | 318.14, F.S.; clarifying provisions authorizing a person cited |
3433 | for a noncriminal traffic infraction to elect to attend a driver |
3434 | improvement course or enter a plea of nolo contendere; amending |
3435 | s. 318.1451, F.S.; requiring the curricula of driver improvement |
3436 | schools to include instruction on the dangers of driving while |
3437 | distracted; amending s. 318.15, F.S., relating to the suspension |
3438 | of driving privileges; conforming a reference; providing that a |
3439 | person charged with a traffic infraction may request a hearing |
3440 | that the clerk must set; providing criteria; amending s. 319.14, |
3441 | F.S.; prohibiting a person from knowingly offering for sale, |
3442 | selling, or exchanging certain vehicles unless the department |
3443 | has stamped in a conspicuous place on the certificate of title |
3444 | words stating that the vehicle is a custom vehicle or street rod |
3445 | vehicle; defining the terms "custom vehicle" and "street rod"; |
3446 | providing requirements for inspection and issuance of a rebuilt |
3447 | title; amending s. 319.225, F.S.; revising provisions for |
3448 | vehicle certificates of title; revising requirements for the |
3449 | transfer and reassignment forms for vehicles; revising dealer |
3450 | submission requirements; requiring a dealer selling a vehicle |
3451 | out of state to mail a copy of the power of attorney form to the |
3452 | department; providing for the electronic transfer of a vehicle |
3453 | title; amending s. 319.23, F.S.; providing for the application |
3454 | for a certificate of title, corrected certificate, or assignment |
3455 | or reassignment to be filed from the consummation of the sale of |
3456 | a mobile home; authorizing the department to accept a bond if |
3457 | the applicant for a certificate of title is unable to provide a |
3458 | title that assigns the prior owner's interest in the motor |
3459 | vehicle; providing requirements for the bond and the affidavit; |
3460 | providing for future expiration of the bond; amending s. 319.28, |
3461 | F.S.; eliminating certain requirements that a lienholder obtain |
3462 | a certificate of repossession following repossession of a |
3463 | vehicle or mobile home; providing that a dealer of certain farm |
3464 | or industrial equipment is not subject to licensure as a |
3465 | recovery agent or agency under certain conditions; amending s. |
3466 | 319.323, F.S., relating to title offices for expedited service; |
3467 | conforming provisions to changes made by the act; amending s. |
3468 | 319.40, F.S.; authorizing the department to issue electronic |
3469 | certificates of title and use electronic mail addresses for |
3470 | purposes of certain notifications; amending s. 320.01, F.S.; |
3471 | revising definitions; excluding special mobile equipment and |
3472 | swamp buggies from the meaning of the term "motor vehicle"; |
3473 | deleting an obsolete definition; revising the gross vehicle |
3474 | weight for purposes of defining the terms "apportionable |
3475 | vehicle" and "commercial motor vehicle"; defining the term |
3476 | "swamp buggy"; amending s. 320.02, F.S.; providing that an |
3477 | active-duty military member is exempt from the requirement to |
3478 | provide an address on an application for vehicle registration; |
3479 | requiring the application forms for motor vehicle registration |
3480 | and renewal of registration to include language permitting the |
3481 | applicant to make a voluntary contribution to End Hunger in |
3482 | Florida, Take Stock In Children, Autism Services and Supports, |
3483 | and Support Our Troops; requiring the department to retain |
3484 | certain records for a specified period; amending s. 320.023, |
3485 | F.S.; relating to voluntary contributions; authorizing the |
3486 | department to retain certain proceeds derived from voluntary |
3487 | contributions to cover certain specified costs to the |
3488 | department; amending s. 320.03, F.S., relating to the |
3489 | International Registration Plan; conforming provisions to |
3490 | changes made by the act; amending s. 320.05, F.S.; deleting a |
3491 | provision requiring that the department provide a procedures |
3492 | manual for a fee; clarifying that the creation and maintenance |
3493 | of records by the Division of Motorist Services is not a law |
3494 | enforcement function of agency recordkeeping; amending s. |
3495 | 320.061, F.S.; providing that it is a noncriminal traffic |
3496 | infraction to alter a temporary license plate; amending s. |
3497 | 320.071, F.S.; providing for the renewal of registration for an |
3498 | apportionable vehicle that is registered under the International |
3499 | Registration Plan; amending s. 320.0715, F.S.; clarifying |
3500 | provisions requiring the registration of apportionable vehicles |
3501 | under the International Registration Plan; amending s. 320.08, |
3502 | F.S., relating to license taxes; conforming cross-references; |
3503 | amending s. 320.08056, F.S., relating to specialty license |
3504 | plates; providing a fee for Go Green license plates; revising |
3505 | procedures to change the name of a recipient of the fees |
3506 | collected; amending s. 320.08058, F.S.; providing for a Go Green |
3507 | License plate; providing for distribution of fees collected; |
3508 | changing the recipient of the proceeds for the Live the Dream |
3509 | license plates to the Florida Dream Foundation, Inc.; providing |
3510 | that proceeds from the sale of Support Soccer license plates |
3511 | shall be distributed to the Florida Soccer Foundation, Inc.; |
3512 | amending s. 320.08068, F.S.; revising use of funds received from |
3513 | the sale of motorcycle specialty license plates; amending s. |
3514 | 320.0847, F.S., relating to license plates for mini trucks and |
3515 | low-speed vehicles; conforming cross-references; amending s. |
3516 | 320.0848, F.S.; revising the requirements for disabled parking |
3517 | permit renewals; requiring a permitholder to personally appear |
3518 | to obtain a renewal or replacement permit; revising the |
3519 | requirements for the deposit of fee proceeds from temporary |
3520 | disabled parking permits; amending s. 320.089, F.S.; providing |
3521 | for the issuance of a Combat Infantry Badge license plate; |
3522 | providing qualifications and requirements for the plate; |
3523 | providing for the use of proceeds from the sale of the plate; |
3524 | amending s. 320.27, F.S.; exempting salvage motor vehicle |
3525 | dealers from certain security requirements; amending s. 320.275, |
3526 | F.S., relating to the Automobile Dealers Industry Advisory |
3527 | Board; conforming provisions to the elimination of the Division |
3528 | of Motor Vehicles within the department; amending s. 320.771, |
3529 | F.S.; providing criteria for a dealer to apply for a certificate |
3530 | of title to a recreational vehicle under certain circumstances; |
3531 | amending s. 320.95, F.S.; authorizing the department to use |
3532 | electronic mail addresses for the purpose of providing license |
3533 | renewal notices; amending s. 321.02, F.S.; designating the |
3534 | director of the Division of Highway Patrol of the department as |
3535 | the Colonel of the Florida Highway Patrol; amending s. 322.02, |
3536 | F.S.; providing for a director of the Division of Motorist |
3537 | Services; amending s. 322.04, F.S.; revising provisions |
3538 | exempting a nonresident from the requirement to obtain a |
3539 | driver's license under certain circumstances; amending s. |
3540 | 322.051, F.S.; revising requirements by which an applicant for |
3541 | an identification card may prove nonimmigrant classification; |
3542 | clarifying the validity of an identification card based on |
3543 | specified documents; providing for the department to waive the |
3544 | fees for issuing or renewing an identification card to persons |
3545 | who present good cause for such waiver; amending s. 322.058, |
3546 | F.S., relating to renewal of motor vehicle registration; |
3547 | conforming a cross-reference; amending s. 322.065, F.S.; |
3548 | revising the period of expiration that constitutes the offense |
3549 | of driving with an expired driver's license; amending s. 322.07, |
3550 | F.S.; revising qualifications for obtaining a temporary |
3551 | commercial instruction permit; amending s. 322.08, F.S.; |
3552 | revising requirements by which an applicant for a driver's |
3553 | license may prove nonimmigrant classification; clarifying the |
3554 | validity of a license based on specified documents; providing |
3555 | for driver's license application forms to allow the applicant to |
3556 | make a voluntary contribution to Autism Services and Supports |
3557 | and Support Our Troops, Inc.; authorizing the department to use |
3558 | electronic mail addresses for the purposes of providing license |
3559 | renewal notices; amending s. 322.081, F.S., relating to requests |
3560 | to establish voluntary contributions; authorizing the department |
3561 | to retain certain proceeds derived from the voluntary |
3562 | contributions made on driver's license applications to cover |
3563 | certain specified costs to the department; amending s. 322.095, |
3564 | F.S.; requiring the curricula of traffic law and substance abuse |
3565 | education courses to include instruction on the dangers of |
3566 | driving while distracted; amending s. 322.12, F.S.; deleting |
3567 | provisions requiring a separate examination for applicants for a |
3568 | license to operate a motorcycle; requiring that the motorcycle |
3569 | safety course for a first-time applicant include a final |
3570 | examination; requiring that completion of the course be |
3571 | indicated on the license; amending s. 322.121, F.S.; clarifying |
3572 | provisions authorizing the automatic extension of a license for |
3573 | members of the Armed Forces or their dependents while serving on |
3574 | active duty outside the state; amending s. 322.14, F.S.; |
3575 | deleting a requirement that applicants for specified licenses |
3576 | appear in person for issuance of a color photographic or digital |
3577 | imaged driver's license; creating s. 322.1415, F.S.; authorizing |
3578 | the Department of Highway Safety and Motor Vehicles to issue a |
3579 | specialty driver's license or identification card to qualified |
3580 | applicants; specifying that, at a minimum, the specialty |
3581 | driver's licenses and identification cards must be available for |
3582 | certain state and independent universities and professional |
3583 | sports teams and all of the branches of the United States |
3584 | military; requiring that the design of each specialty driver's |
3585 | license and identification card be approved by the department; |
3586 | providing for future repeal; amending s. 322.19, F.S.; providing |
3587 | that certain persons with a valid student identification card |
3588 | are presumed not to have changed their legal residence or |
3589 | mailing address; amending s. 322.20, F.S., relating to |
3590 | department records; conforming provisions to changes made by the |
3591 | act; amending s. 322.202, F.S.; clarifying that the Division of |
3592 | Motorist Services is not a law enforcement agency; amending s. |
3593 | 322.21, F.S., relating to handling and collecting license fees; |
3594 | providing for the distribution of funds collected from the |
3595 | specialty driver's license and identification card fees; |
3596 | conforming provisions to changes made by the act; authorizing a |
3597 | driver to renew his or her driver's license during a specified |
3598 | period before the license expiration date; amending s. 322.22, |
3599 | F.S.; clarifying provisions authorizing the department to cancel |
3600 | a driver's license; authorizing the department to cancel a |
3601 | license upon determining that the licensee is not entitled to |
3602 | the license; amending s. 322.2615, F.S., relating to a person's |
3603 | right to review of a license suspension; revising provisions for |
3604 | a formal review hearing and enforcement of a subpoena; amending |
3605 | s. 322.34, F.S.; providing that a person who commits a certain |
3606 | infraction shall not have a vehicle impounded or immobilized; |
3607 | amending s. 322.53, F.S.; revising provisions exempting certain |
3608 | farmers and drivers who operate straight trucks from the |
3609 | requirement to obtain a commercial driver's license; amending s. |
3610 | 322.54, F.S.; requiring that the driver's license classification |
3611 | be determined by the actual weight of the vehicle under certain |
3612 | circumstances; repealing s. 322.58, F.S., relating to holders of |
3613 | chauffeur's licenses; amending s. 322.59, F.S.; requiring that |
3614 | the department disqualify a driver holding a commercial driver's |
3615 | license who fails to comply with specified federal certification |
3616 | requirements; amending s. 322.61, F.S.; providing that the |
3617 | holder of a commercial driver's license is permanently |
3618 | disqualified from operating a commercial motor vehicle following |
3619 | two violations of specified offenses committed while operating |
3620 | any vehicle; amending s. 322.64, F.S.; providing that a notice |
3621 | of disqualification from operating a commercial motor vehicle |
3622 | acts as a conviction for purposes of certain federal |
3623 | restrictions imposed for the offense of operating a commercial |
3624 | motor vehicle while under the influence of alcohol; deleting |
3625 | provisions authorizing the department to impose certain |
3626 | alternative restrictions for such offense; amending s. 328.30, |
3627 | F.S.; authorizing the department to issue electronic |
3628 | certificates of title for vessels and use electronic mail |
3629 | addresses for purposes of providing renewal notices; amending s. |
3630 | 413.012, F.S., relating to a prohibition on disclosing |
3631 | confidential records held by the department; conforming |
3632 | provisions to changes made by the act; amending s. 713.78, F.S., |
3633 | relating to renewal of motor vehicle registration; conforming a |
3634 | cross-reference; designating Edna S. Hargrett-Thrower Avenue in |
3635 | Orange County; designating SP4 Thomas Berry Corbin Memorial |
3636 | Highway and U.S. Navy BMC Samuel Calhoun Chavous, Jr. Memorial |
3637 | Highway in Dixie County; designating Marine Lance Corporal Brian |
3638 | R. Buesing Memorial Highway, United States Army Sergeant Karl A. |
3639 | Campbell Memorial Highway, and U.S. Army SPC James A. Page |
3640 | Memorial Highway in Levy County; designating Veterans Memorial |
3641 | Highway in Putnam County; designating Ben G. Watts Highway in |
3642 | Washington County; designating Mardi Gras Way, West Park |
3643 | Boulevard, and Pembroke Park Boulevard in Broward County; |
3644 | designating Stark Memorial Drive and Duval County Law |
3645 | Enforcement Memorial Overpass in Duval County; designating Verna |
3646 | Bell Way in Nassau County; designating Deputy Hal P. Croft and |
3647 | Deputy Ronald Jackson Memorial Highway in Union County; |
3648 | designating Dr. Oscar Elias Biscet Boulevard, Hugh Anderson |
3649 | Boulevard, Palmetto General Hospital Way, Senator Javier D. |
3650 | Souto Way, Reverend Max Salvadore Avenue, BRIGADA 2506 STREET, |
3651 | Carlos Rodriguez Santana, Rev. Jorge Comesanas Way, Amadeo |
3652 | Lopez-Castro, Jr. Road, Benjamin Leon, Jr. Way, and Miami |
3653 | Medical Team Way in Miami-Dade County; designating Alma Lee Loy |
3654 | Bridge in Indian River County; designating Samuel B. Love |
3655 | Memorial Highway in Marion County; designating Elvin Martinez |
3656 | Road in Hillsborough County; designating Whale Harbor Joe Roth, |
3657 | Jr. Bridge in Monroe County; designating Florida Highway Patrol |
3658 | Trooper Sgt. Nicholas G. Sottile Memorial in Highlands County; |
3659 | designating Coach Jimmy Carnes Boulevard in Alachua County; |
3660 | amending ss. 24 and 45, ch. 2010-230, Laws of Florida; revising |
3661 | the designation for Miss Lillie Williams Boulevard and Father |
3662 | Gerard Jean-Juste Street in Miami-Dade County; designating Tanya |
3663 | Martin Oubre Pekel Street in Miami-Dade County; designating |
3664 | Deputy Jack A. Romeis Road in Alachua County; designating Nona |
3665 | and Papa Road in St. Johns County; designating Walter Francis |
3666 | Spence Parkway in Okaloosa County; designating Florida's Beaches |
3667 | and Rivers Parkway in Santa Rosa County; designating Corporal |
3668 | Michael J. Roberts Parkway in Hillsborough County; designating |
3669 | Harry T. and Harriette V. Moore Memorial Highway in Brevard |
3670 | County; designating Elizabeth G. Means Memorial Boulevard, |
3671 | Louise Steward Memorial Boulevard, and Isiah J. Williams, III, |
3672 | Memorial Boulevard in Duval County; directing the Department of |
3673 | Transportation to erect suitable markers; providing a short |
3674 | title; providing for a voluntary emergency contact information |
3675 | program established by the department; creating s. 322.145, |
3676 | F.S.; requiring the Department of Highway Safety and Motor |
3677 | Vehicles to implement a system providing for the electronic |
3678 | authentication of driver's licenses; providing criteria for a |
3679 | token for security authenticity; requiring that the department |
3680 | contract for implementation of the electronic verification; |
3681 | amending s. 316.066, F.S.; revising provisions requiring written |
3682 | reports of motor vehicle crashes; revising conditions under |
3683 | which a report must be submitted to the department; authorizing |
3684 | the investigating officer to testify at trial or provide an |
3685 | affidavit concerning the content of the reports; amending s. |
3686 | 316.0083, F.S.; requiring the Department of Highway Safety and |
3687 | Motor Vehicles, a municipality, or a county to request that the |
3688 | Department of Transportation perform a safety hazard study |
3689 | before installing a traffic infraction detector; specifying |
3690 | which entity is responsible for the cost of the study; providing |
3691 | that a traffic infraction detector may not be installed unless |
3692 | it is determined to be warranted; providing requirements for the |
3693 | safety hazard study; providing that traffic infraction detectors |
3694 | may not be used to issue certain violations; providing effective |
3695 | dates. |