Amendment
Bill No. CS/CS/SB 1150
Amendment No. 376895
CHAMBER ACTION
Senate House
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1Representative Albritton offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5
6     Section 1.  Section 20.24, Florida Statutes, is amended to
7read:
8     20.24  Department of Highway Safety and Motor Vehicles.-
9There is created a Department of Highway Safety and Motor
10Vehicles.
11     (1)  The head of the Department of Highway Safety and Motor
12Vehicles is the Governor and Cabinet. An executive director
13shall serve at the pleasure of the Governor and Cabinet. The
14executive director may establish a command, operational, and
15administrative services structure to assist, manage, and support
16the department in operating programs and delivering services.
17     (2)  The following divisions, and bureaus within the
18divisions, of the Department of Highway Safety and Motor
19Vehicles 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
25Statutes, is amended to read:
26     261.03  Definitions.-As used in this chapter, the term:
27     (9)  "ROV" means any motorized recreational off-highway
28vehicle 64 inches or less in width, having a dry weight of 2,000
29pounds or less, designed to travel on four or more nonhighway
30tires, having nonstraddle seating and a steering wheel, and
31manufactured for recreational use by one or more persons. The
32term "ROV" does not include a golf cart as defined in ss.
33320.01(22) and 316.003(68) or a low-speed vehicle as defined in
34s. 320.01(42).
35     Section 3.  Paragraph (e) of subsection (2) of section
36288.816, Florida Statutes, is amended to read:
37     288.816  Intergovernmental relations.-
38     (2)  The Office of Tourism, Trade, and Economic Development
39shall be responsible for all consular relations between the
40state and all foreign governments doing business in Florida. The
41office shall monitor United States laws and directives to ensure
42that all federal treaties regarding foreign privileges and
43immunities are properly observed. The office shall promulgate
44rules which shall:
45     (e)  Verify entitlement to issuance of special motor
46vehicle license plates by the Division of Motor Vehicles of the
47Department of Highway Safety and Motor Vehicles to honorary
48consuls or such other officials representing foreign governments
49who are not entitled to issuance of special Consul Corps license
50plates by the United States Government.
51     Section 4.  Paragraph (a) of subsection (3) of section
52311.121, Florida Statutes, is amended to read:
53     311.121  Qualifications, training, and certification of
54licensed security officers at Florida seaports.-
55     (3)  The Seaport Security Officer Qualification, Training,
56and Standards Coordinating Council is created under the
57Department of Law Enforcement.
58     (a)  The executive director of the Department of Law
59Enforcement shall appoint 11 members to the council, to include:
60     1.  The seaport administrator of the Department of Law
61Enforcement.
62     2.  The Commissioner of Education or his or her designee.
63     3.  The director of the Division of Licensing of the
64Department of Agriculture and Consumer Services.
65     4.  The administrator of the Florida Seaport Transportation
66and Economic Development Council.
67     5.  Two seaport security directors from seaports designated
68under 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
73of the Department of Highway Safety and Motor Vehicles.
74     Section 5.  Subsections (2) and (21) of section 316.003,
75Florida Statutes, are amended, and subsection (89) is added to
76that section, to read:
77     316.003  Definitions.-The following words and phrases, when
78used in this chapter, shall have the meanings respectively
79ascribed to them in this section, except where the context
80otherwise requires:
81     (2)  BICYCLE.-Every vehicle propelled solely by human
82power, and every motorized bicycle propelled by a combination of
83human power and a an electric helper motor capable of propelling
84the vehicle at a speed of not more than 20 miles per hour on
85level ground upon which any person may ride, having two tandem
86wheels, and including any device generally recognized as a
87bicycle though equipped with two front or two rear wheels. The
88term does not include such a vehicle with a seat height of no
89more than 25 inches from the ground when the seat is adjusted to
90its highest position or a scooter or similar device. No person
91under the age of 16 may operate or ride upon a motorized
92bicycle.
93     (21)  MOTOR VEHICLE.-Any self-propelled vehicle not
94operated upon rails or guideway, but not including any bicycle,
95motorized scooter, electric personal assistive mobility device,
96swamp buggy, or moped.
97     (89)  SWAMP BUGGY.-A motorized off-road vehicle designed to
98travel over swampy terrain, which may use large tires or tracks
99operated from an elevated platform, and may be used upon varied
100terrain. A swamp buggy does not include any vehicle defined in
101chapter 261 or otherwise defined or classified in this chapter.
102A swamp buggy may not be operated upon the public roads,
103streets, or highways of this state, except to the extent
104specifically authorized by a state or federal agency to be used
105exclusively upon lands, managed, owned, or leased by that
106agency.
107     Section 6.  For the purpose of incorporating the amendment
108made by chapter 2010-163, Laws of Florida, to section 316.066,
109Florida Statutes, in a reference thereto, subsection (4) of
110section 316.065, Florida Statutes, is reenacted retroactive to
111July 1, 2010, to read:
112     316.065  Crashes; reports; penalties.-
113     (4)  Any person who knowingly repairs a motor vehicle
114without having made a report as required by subsection (3) is
115guilty of a misdemeanor of the first degree, punishable as
116provided in s. 775.082 or s. 775.083. The owner and driver of a
117vehicle involved in a crash who makes a report thereof in
118accordance with subsection (1) or s. 316.066(1) is not liable
119under this section.
120     Section 7.  Section 316.1303, Florida Statutes, is amended
121to read:
122     316.1303  Traffic regulations to assist mobility-impaired
123persons.-
124     (1)  Whenever a pedestrian is in the process of crossing a
125public street or highway and the pedestrian is mobility impaired
126mobility-impaired (using a guide dog or service animal
127designated as such with a visible means of identification, a
128walker, a crutch, an orthopedic cane, or a wheelchair), the
129driver of every vehicle approaching the intersection, as defined
130in s. 316.003(17), shall bring his or her vehicle to a full stop
131before arriving at such intersection and, before proceeding,
132shall take such precautions as may be necessary to avoid
133injuring such pedestrian.
134     (2)  A person with impaired mobility who is using a
135motorized wheelchair or scooter on a sidewalk may temporarily
136leave the sidewalk and use the roadway to avoid a potential
137conflict, if no alternative route exists. A law enforcement
138officer may issue a warning to such person, but may not issue a
139citation for a violation of subsection (1) to a person described
140in 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
144to read:
145     316.1957  Parking violations; designated parking spaces for
146persons who have disabilities.-When evidence is presented in any
147court of the fact that any motor vehicle was parked in a
148properly designated parking space for persons who have
149disabilities in violation of s. 316.1955, it is prima facie
150evidence that the vehicle was parked and left in the space by
151the person, firm, or corporation in whose name the vehicle is
152registered and licensed according to the records of the
153department 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
156to read:
157     316.2065  Bicycle regulations.-
158     (3)
159     (d)  A bicycle rider or passenger who is under 16 years of
160age must wear a bicycle helmet that is properly fitted and is
161fastened securely upon the passenger's head by a strap, and that
162meets the federal safety standard for bicycle helmets, final
163rule, 16 C.F.R. part 1203. Helmets purchased before October 1,
1642011, and meeting standards of the American National Standards
165Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards
166of the Snell Memorial Foundation (1984 Standard for Protective
167Headgear for Use in Bicycling), or any other nationally
168recognized standards for bicycle helmets adopted by the
169department may continue to be worn by riders or passengers until
170January 1, 2015. As used in this subsection, the term
171"passenger" includes a child who is riding in a trailer or
172semitrailer attached to a bicycle.
173     (5)(a)  Any person operating a bicycle upon a roadway at
174less than the normal speed of traffic at the time and place and
175under the conditions then existing shall ride in the lane marked
176for bicycle use or, if no lane is marked for bicycle use, as
177close as practicable to the right-hand curb or edge of the
178roadway except under any of the following situations:
179     1.  When overtaking and passing another bicycle or vehicle
180proceeding in the same direction.
181     2.  When preparing for a left turn at an intersection or
182into a private road or driveway.
183     3.  When reasonably necessary to avoid any condition or
184potential conflict, including, but not limited to, a fixed or
185moving object, parked or moving vehicle, bicycle, pedestrian,
186animal, surface hazard, turn lane, or substandard-width lane,
187which that makes it unsafe to continue along the right-hand curb
188or edge or within a bicycle lane. For the purposes of this
189subsection, a "substandard-width lane" is a lane that is too
190narrow for a bicycle and another vehicle to travel safely side
191by side within the lane.
192     (b)  Any person operating a bicycle upon a one-way highway
193with two or more marked traffic lanes may ride as near the left-
194hand curb or edge of such roadway as practicable.
195     (8)  Every bicycle in use between sunset and sunrise shall
196be equipped with a lamp on the front exhibiting a white light
197visible from a distance of at least 500 feet to the front and a
198lamp and reflector on the rear each exhibiting a red light
199visible from a distance of 600 feet to the rear. A bicycle or
200its rider may be equipped with lights or reflectors in addition
201to those required by this section. A law enforcement officer may
202issue a bicycle safety brochure and a verbal warning to a
203bicycle rider who violates this subsection. A bicycle rider who
204violates this subsection may be issued a citation by a law
205enforcement officer and assessed a fine for a pedestrian
206violation, as provided in s. 318.18. The court shall dismiss the
207charge against a bicycle rider for a first violation of this
208subsection upon proof of purchase and installation of the proper
209lighting equipment.
210     Section 10.  Subsection (3) of section 316.2085, Florida
211Statutes, is amended to read:
212     316.2085  Riding on motorcycles or mopeds.-
213     (3)  The license tag of a motorcycle or moped must be
214permanently affixed to the vehicle and remain clearly visible
215from the rear at all times may not be adjusted or capable of
216being flipped up. Any deliberate act to conceal or obscure No
217device for or method of concealing or obscuring the legibility
218of the license tag of a motorcycle is prohibited shall be
219installed or used. The license tag of a motorcycle or moped may
220be affixed horizontally to the ground so that the numbers and
221letters read from left to right. Alternatively, a Florida
222license tag for a motorcycle or moped for which the numbers and
223letters read from top to bottom may be affixed perpendicularly
224to the ground, provided that the registered owner of the
225motorcycle or moped maintains a prepaid toll account in good
226standing and a transponder associated with the prepaid toll
227account is affixed to the motorcycle or moped. A license tag for
228a motorcycle or moped issued by another jurisdiction for which
229the numbers and letters read from top to bottom may be affixed
230perpendicularly to the ground.
231     Section 11.  Section 316.2122, Florida Statutes, is amended
232to read:
233     316.2122  Operation of a low-speed vehicle or mini truck on
234certain roadways.-The operation of a low-speed vehicle as
235defined in s. 320.01(42) or a mini truck as defined in s.
236320.01(45) on any road as defined in s. 334.03(15) or (33) is
237authorized with the following restrictions:
238     (1)  A low-speed vehicle or mini truck may be operated only
239on streets where the posted speed limit is 35 miles per hour or
240less. This does not prohibit a low-speed vehicle or mini truck
241from crossing a road or street at an intersection where the road
242or street has a posted speed limit of more than 35 miles per
243hour.
244     (2)  A low-speed vehicle must be equipped with headlamps,
245stop lamps, turn signal lamps, taillamps, reflex reflectors,
246parking brakes, rearview mirrors, windshields, seat belts, and
247vehicle identification numbers.
248     (3)  A low-speed vehicle or mini truck must be registered
249and insured in accordance with s. 320.02 and titled pursuant to
250chapter 319.
251     (4)  Any person operating a low-speed vehicle or mini truck
252must have in his or her possession a valid driver's license.
253     (5)  A county or municipality may prohibit the operation of
254low-speed vehicles or mini trucks on any road under its
255jurisdiction if the governing body of the county or municipality
256determines that such prohibition is necessary in the interest of
257safety.
258     (6)  The Department of Transportation may prohibit the
259operation of low-speed vehicles or mini trucks on any road under
260its jurisdiction if it determines that such prohibition is
261necessary in the interest of safety.
262     Section 12.  Section 316.2124, Florida Statutes, is amended
263to read:
264     316.2124  Motorized disability access vehicles.-The
265Department of Highway Safety and Motor Vehicles is directed to
266provide, by rule, for the regulation of motorized disability
267access vehicles as described in s. 320.01(34). The department
268shall provide that motorized disability access vehicles shall be
269registered in the same manner as motorcycles and shall pay the
270same registration fee as for a motorcycle. There shall also be
271assessed, in addition to the registration fee, a $2.50 surcharge
272for motorized disability access vehicles. This surcharge shall
273be paid into the Highway Safety Operating Trust Fund. Motorized
274disability access vehicles shall not be required to be titled by
275the department. The department shall require motorized
276disability access vehicles to be subject to the same safety
277requirements as set forth in this chapter for motorcycles.
278     Section 13.  Subsection (1) of section 316.21265, Florida
279Statutes, is amended to read:
280     316.21265  Use of all-terrain vehicles, golf carts, low-
281speed vehicles, or utility vehicles by law enforcement
282agencies.-
283     (1)  Notwithstanding any provision of law to the contrary,
284any law enforcement agency in this state may operate all-terrain
285vehicles as defined in s. 316.2074, golf carts as defined in s.
286320.01(22), low-speed vehicles as defined in s. 320.01(42), or
287utility vehicles as defined in s. 320.01(43) on any street,
288road, or highway in this state while carrying out its official
289duties.
290     Section 14.  Subsection (1) of section 316.3026, Florida
291Statutes, is amended to read:
292     316.3026  Unlawful operation of motor carriers.-
293     (1)  The Office of Motor Carrier Compliance of the
294Department of Transportation may issue out-of-service orders to
295motor carriers, as defined in s. 320.01(33), who have after
296proper notice failed to pay any penalty or fine assessed by the
297department, or its agent, against any owner or motor carrier for
298violations of state law, refused to submit to a compliance
299review and provide records pursuant to s. 316.302(5) or s.
300316.70, or violated safety regulations pursuant to s. 316.302 or
301insurance requirements found in s. 627.7415. Such out-of-service
302orders shall have the effect of prohibiting the operations of
303any motor vehicles owned, leased, or otherwise operated by the
304motor carrier upon the roadways of this state, until such time
305as the violations have been corrected or penalties have been
306paid. Out-of-service orders issued under this section must be
307approved by the Secretary of Transportation or his or her
308designee. An administrative hearing pursuant to s. 120.569 shall
309be afforded to motor carriers subject to such orders.
310     Section 15.  Subsection (3) of section 316.545, Florida
311Statutes, is amended to read:
312     316.545  Weight and load unlawful; special fuel and motor
313fuel tax enforcement; inspection; penalty; review.-
314     (3)  Any person who violates the overloading provisions of
315this chapter shall be conclusively presumed to have damaged the
316highways of this state by reason of such overloading, which
317damage is hereby fixed as follows:
318     (a)  When the excess weight is 200 pounds or less than the
319maximum herein provided, the penalty shall be $10;
320     (b)  Five cents per pound for each pound of weight in
321excess of the maximum herein provided when the excess weight
322exceeds 200 pounds. However, whenever the gross weight of the
323vehicle or combination of vehicles does not exceed the maximum
324allowable gross weight, the maximum fine for the first 600
325pounds of unlawful axle weight shall be $10;
326     (c)  For a vehicle equipped with fully functional idle-
327reduction technology, any penalty shall be calculated by
328reducing the actual gross vehicle weight or the internal bridge
329weight by the certified weight of the idle-reduction technology
330or by 400 pounds, whichever is less. The vehicle operator must
331present written certification of the weight of the idle-
332reduction technology and must demonstrate or certify that the
333idle-reduction technology is fully functional at all times. This
334calculation is not allowed for vehicles described in s.
335316.535(6);
336     (d)  An apportionable apportioned motor vehicle, as defined
337in s. 320.01, operating on the highways of this state without
338being properly licensed and registered shall be subject to the
339penalties as herein provided; and
340     (e)  Vehicles operating on the highways of this state from
341nonmember International Registration Plan jurisdictions which
342are not in compliance with the provisions of s. 316.605 shall be
343subject 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
347permits.-
348     (5)(a)  The Department of Transportation may issue a
349wrecker special blanket permit to authorize a wrecker as defined
350in s. 320.01(40) to tow a disabled vehicle as defined in s.
351320.01(38) where the combination of the wrecker and the disabled
352vehicle being towed exceeds the maximum weight limits as
353established by s. 316.535.
354     (10)  Whenever any motor vehicle, or the combination of a
355wrecker as defined in s. 320.01(40) and a towed motor vehicle,
356exceeds any weight or dimensional criteria or special
357operational or safety stipulation contained in a special permit
358issued under the provisions of this section, the penalty
359assessed to the owner or operator shall be as follows:
360     (a)  For violation of weight criteria contained in a
361special permit, the penalty per pound or portion thereof
362exceeding the permitted weight shall be as provided in s.
363316.545.
364     (b)  For each violation of dimensional criteria in a
365special permit, the penalty shall be as provided in s. 316.516
366and penalties for multiple violations of dimensional criteria
367shall be cumulative except that the total penalty for the
368vehicle shall not exceed $1,000.
369     (c)  For each violation of an operational or safety
370stipulation in a special permit, the penalty shall be an amount
371not to exceed $1,000 per violation and penalties for multiple
372violations of operational or safety stipulations shall be
373cumulative except that the total penalty for the vehicle shall
374not exceed $1,000.
375     (d)  For violation of any special condition that has been
376prescribed in the rules of the Department of Transportation and
377declared on the permit, the vehicle shall be determined to be
378out of conformance with the permit and the permit shall be
379declared null and void for the vehicle, and weight and
380dimensional limits for the vehicle shall be as established in s.
381316.515 or s. 316.535, whichever is applicable, and:
382     1.  For weight violations, a penalty as provided in s.
383316.545 shall be assessed for those weights which exceed the
384limits thus established for the vehicle; and
385     2.  For dimensional, operational, or safety violations, a
386penalty as established in paragraph (c) or s. 316.516, whichever
387is applicable, shall be assessed for each nonconforming
388dimensional, operational, or safety violation and the penalties
389for multiple violations shall be cumulative for the vehicle.
390     Section 17.  Subsection (5) of section 316.613, Florida
391Statutes, 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
395section do not apply to a chauffeur-driven taxi, limousine,
396sedan, van, bus, motor coach, or other passenger vehicle if the
397operator and the motor vehicle are hired and used for the
398transportation of persons for compensation. It is the obligation
399and responsibility of the parent, guardian, or other person
400responsible for a child's welfare, as defined in s. 39.01(47),
401to comply with the requirements of this section.
402     Section 18.  Subsection (9) of section 317.0003, Florida
403Statutes, is amended to read:
404     317.0003  Definitions.-As used in this chapter, the term:
405     (9)  "ROV" means any motorized recreational off-highway
406vehicle 64 inches or less in width, having a dry weight of 2,000
407pounds or less, designed to travel on four or more nonhighway
408tires, having nonstraddle seating and a steering wheel, and
409manufactured for recreational use by one or more persons. The
410term "ROV" does not include a golf cart as defined in ss.
411320.01(22) and 316.003(68) or a low-speed vehicle as defined in
412s. 320.01(42).
413     Section 19.  Section 317.0016, Florida Statutes, is amended
414to read:
415     317.0016  Expedited service; applications; fees.-The
416department shall provide, through its agents and for use by the
417public, expedited service on title transfers, title issuances,
418duplicate titles, and recordation of liens, and certificates of
419repossession. A fee of $7 shall be charged for this service,
420which is in addition to the fees imposed by ss. 317.0007 and
421317.0008, and $3.50 of this fee shall be retained by the
422processing agency. All remaining fees shall be deposited in the
423Incidental Trust Fund of the Division of Forestry of the
424Department of Agriculture and Consumer Services. Application for
425expedited service may be made by mail or in person. The
426department shall issue each title applied for pursuant to this
427section within 5 working days after receipt of the application
428except for an application for a duplicate title certificate
429covered by s. 317.0008(3), in which case the title must be
430issued within 5 working days after compliance with the
431department'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;
435procedures.-
436     (9)  Any person who does not hold a commercial driver's
437license and who is cited while driving a noncommercial motor
438vehicle for an infraction under this section other than a
439violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
440driver exceeds the posted limit by 30 miles per hour or more, s.
441320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
442322.61, or s. 322.62 may, in lieu of a court appearance, elect
443to attend in the location of his or her choice within this state
444a basic driver improvement course approved by the Department of
445Highway Safety and Motor Vehicles. In such a case, adjudication
446must be withheld and points, as provided by s. 322.27, may not
447be assessed. However, a person may not make an election under
448this subsection if the person has made an election under this
449subsection in the preceding 12 months. A person may make no more
450than five elections within his or her lifetime under this
451subsection. The requirement for community service under s.
452318.18(8) is not waived by a plea of nolo contendere or by the
453withholding of adjudication of guilt by a court. If a person
454makes an election to attend a basic driver improvement course
455under this subsection, 18 percent of the civil penalty imposed
456under s. 318.18(3) shall be deposited in the State Courts
457Revenue Trust Fund; however, that portion is not revenue for
458purposes of s. 28.36 and may not be used in establishing the
459budget 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
461license and who is cited while driving a noncommercial motor
462vehicle for an offense listed under this subsection may, in lieu
463of payment of fine or court appearance, elect to enter a plea of
464nolo contendere and provide proof of compliance to the clerk of
465the court, designated official, or authorized operator of a
466traffic violations bureau. In such case, adjudication shall be
467withheld; however, no election shall be made under this
468subsection if such person has made an election under this
469subsection in the 12 months preceding election hereunder. No
470person may make more than three elections under this subsection.
471This subsection applies to the following offenses:
472     1.  Operating a motor vehicle without a valid driver's
473license in violation of the provisions of s. 322.03, s. 322.065,
474or s. 322.15(1), or operating a motor vehicle with a license
475that has been suspended for failure to appear, failure to pay
476civil penalty, or failure to attend a driver improvement course
477pursuant to s. 322.291.
478     2.  Operating a motor vehicle without a valid registration
479in 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
482suspended under s. 61.13016 or s. 322.245 for failure to pay
483child support or for failure to pay any other financial
484obligation as provided in s. 322.245; however, this subparagraph
485does not apply if the license has been suspended pursuant to s.
486322.245(1).
487     5.  Operating a motor vehicle with a license that has been
488suspended under s. 322.091 for failure to meet school attendance
489requirements.
490     Section 21.  Paragraph (a) of subsection (2) of section
491318.1451, Florida Statutes, is amended to read:
492     318.1451  Driver improvement schools.-
493     (2)(a)  In determining whether to approve the courses
494referenced in this section, the department shall consider course
495content designed to promote safety, driver awareness, crash
496avoidance techniques, the dangers of driving while distracted,
497which must specifically include the use of technology while
498driving, and other factors or criteria to improve driver
499performance from a safety viewpoint.
500     Section 22.  Paragraph (a) of subsection (1) of section
501318.15, Florida Statutes, is amended, and paragraph (c) is added
502to that subsection, to read:
503     318.15  Failure to comply with civil penalty or to appear;
504penalty.-
505     (1)(a)  If a person fails to comply with the civil
506penalties provided in s. 318.18 within the time period specified
507in s. 318.14(4), fails to enter into or comply with the terms of
508a penalty payment plan with the clerk of the court in accordance
509with ss. 318.14 and 28.246, fails to attend driver improvement
510school, or fails to appear at a scheduled hearing, the clerk of
511the court shall notify the Division of Driver Licenses of the
512Department of Highway Safety and Motor Vehicles of such failure
513within 10 days after such failure. Upon receipt of such notice,
514the department shall immediately issue an order suspending the
515driver's license and privilege to drive of such person effective
51620 days after the date the order of suspension is mailed in
517accordance with s. 322.251(1), (2), and (6). Any such suspension
518of the driving privilege which has not been reinstated,
519including a similar suspension imposed outside Florida, shall
520remain on the records of the department for a period of 7 years
521from the date imposed and shall be removed from the records
522after the expiration of 7 years from the date it is imposed.
523     (c)  A person charged with a traffic infraction may request
524a hearing within 180 days after the date of the violation,
525regardless of any action taken by the court or the department to
526suspend the driving privilege of the person, and, upon request,
527the clerk must set the case for hearing. The person shall be
528given a form for requesting that the driving privilege be
529reinstated. If the 180th day after the date of the violation is
530a Saturday, Sunday, or a legal holiday, then the person charged
531must request the hearing within 177 days after the violation;
532however, the court may grant a request for a hearing made after
533180 days after the alleged offense. This paragraph does not
534affect the assessment of late fees as otherwise provided in this
535chapter.
536     Section 23.  Section 319.14, Florida Statutes, is amended
537to read:
538     319.14  Sale of motor vehicles registered or used as
539taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
540and nonconforming vehicles, custom vehicles, or street rod
541vehicles.-
542     (1)(a)  A No person may not shall knowingly offer for sale,
543sell, or exchange any vehicle that has been licensed,
544registered, or used as a taxicab, police vehicle, or short-term-
545lease vehicle, or a vehicle that has been repurchased by a
546manufacturer pursuant to a settlement, determination, or
547decision under chapter 681, until the department has stamped in
548a conspicuous place on the certificate of title of the vehicle,
549or its duplicate, words stating the nature of the previous use
550of the vehicle or the title has been stamped "Manufacturer's Buy
551Back" to reflect that the vehicle is a nonconforming vehicle. If
552the certificate of title or duplicate was not so stamped upon
553initial issuance thereof or if, subsequent to initial issuance
554of the title, the use of the vehicle is changed to a use
555requiring the notation provided for in this section, the owner
556or lienholder of the vehicle shall surrender the certificate of
557title or duplicate to the department before prior to offering
558the vehicle for sale, and the department shall stamp the
559certificate or duplicate as required herein. If When a vehicle
560has been repurchased by a manufacturer pursuant to a settlement,
561determination, or decision under chapter 681, the title shall be
562stamped "Manufacturer's Buy Back" to reflect that the vehicle is
563a nonconforming vehicle.
564     (b)  A No person may not shall knowingly offer for sale,
565sell, or exchange a rebuilt vehicle until the department has
566stamped in a conspicuous place on the certificate of title for
567the vehicle words stating that the vehicle has been rebuilt or
568assembled from parts, or is a kit car, glider kit, replica, or
569flood vehicle, custom vehicle, or street rod vehicle unless
570proper application for a certificate of title for a vehicle that
571is rebuilt or assembled from parts, or is a kit car, glider kit,
572replica, or flood vehicle, custom vehicle, or street rod vehicle
573has been made to the department in accordance with this chapter
574and the department has conducted the physical examination of the
575vehicle to assure the identity of the vehicle and all major
576component parts, as defined in s. 319.30(1), which have been
577repaired or replaced. Thereafter, the department shall affix a
578decal to the vehicle, in the manner prescribed by the
579department, showing the vehicle to be rebuilt. A vehicle may not
580be inspected or issued a rebuilt title until all major component
581parts, as defined in s. 319.30, which were damaged have been
582repaired or replaced.
583     (c)  As used in this section, the term:
584     1.  "Police vehicle" means a motor vehicle owned or leased
585by the state or a county or municipality and used in law
586enforcement.
587     2.a.  "Short-term-lease vehicle" means a motor vehicle
588leased without a driver and under a written agreement to one or
589more persons from time to time for a period of less than 12
590months.
591     b.  "Long-term-lease vehicle" means a motor vehicle leased
592without a driver and under a written agreement to one person for
593a period of 12 months or longer.
594     c.  "Lease vehicle" includes both short-term-lease vehicles
595and long-term-lease vehicles.
596     3.  "Rebuilt vehicle" means a motor vehicle or mobile home
597built from salvage or junk, as defined in s. 319.30(1).
598     4.  "Assembled from parts" means a motor vehicle or mobile
599home assembled from parts or combined from parts of motor
600vehicles or mobile homes, new or used. "Assembled from parts"
601does not mean a motor vehicle defined as a "rebuilt vehicle" in
602subparagraph 3., which has been declared a total loss pursuant
603to s. 319.30.
604     5.  "Kit car" means a motor vehicle assembled with a kit
605supplied by a manufacturer to rebuild a wrecked or outdated
606motor vehicle with a new body kit.
607     6.  "Glider kit" means a vehicle assembled with a kit
608supplied by a manufacturer to rebuild a wrecked or outdated
609truck or truck tractor.
610     7.  "Replica" means a complete new motor vehicle
611manufactured to look like an old vehicle.
612     8.  "Flood vehicle" means a motor vehicle or mobile home
613that has been declared to be a total loss pursuant to s.
614319.30(3)(a) resulting from damage caused by water.
615     9.  "Nonconforming vehicle" means a motor vehicle which has
616been purchased by a manufacturer pursuant to a settlement,
617determination, or decision under chapter 681.
618     10.  "Settlement" means an agreement entered into between a
619manufacturer and a consumer that occurs after a dispute is
620submitted to a program, or an informal dispute settlement
621procedure established by a manufacturer or is approved for
622arbitration before the New Motor Vehicle Arbitration Board as
623defined 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
6261948, or was manufactured to resemble a vehicle that is 25 years
627of age or older and of a model year after 1948; and
628     b.  Has been altered from the manufacturer's original
629design or has a body constructed from nonoriginal materials.
630
631The model year and year of manufacture which the body of a
632custom vehicle resembles is the model year and year of
633manufacture listed on the certificate of title, regardless of
634when 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
637after 1948 to resemble a vehicle of a model year of 1948 or
638older; and
639     b.  Has been altered from the manufacturer's original
640design or has a body constructed from nonoriginal materials.
641
642The model year and year of manufacture which the body of a
643street rod resembles is the model year and year of manufacture
644listed on the certificate of title, regardless of when the
645vehicle was actually manufactured.
646     (2)  A No person may not shall knowingly sell, exchange, or
647transfer a vehicle referred to in subsection (1) without, before
648prior to consummating the sale, exchange, or transfer,
649disclosing in writing to the purchaser, customer, or transferee
650the fact that the vehicle has previously been titled,
651registered, or used as a taxicab, police vehicle, or short-term-
652lease vehicle, or is a vehicle that is rebuilt or assembled from
653parts, or is a kit car, glider kit, replica, or flood vehicle,
654or is a nonconforming vehicle, custom vehicle, or street rod
655vehicle, as the case may be.
656     (3)  Any person who, with intent to offer for sale or
657exchange any vehicle referred to in subsection (1), knowingly or
658intentionally advertises, publishes, disseminates, circulates,
659or places before the public in any communications medium,
660whether directly or indirectly, any offer to sell or exchange
661the vehicle shall clearly and precisely state in each such offer
662that the vehicle has previously been titled, registered, or used
663as a taxicab, police vehicle, or short-term-lease vehicle or
664that the vehicle or mobile home is a vehicle that is rebuilt or
665assembled from parts, or is a kit car, glider kit, replica, or
666flood vehicle, or is a nonconforming vehicle, custom vehicle, or
667street rod vehicle, as the case may be. Any person who violates
668this subsection commits a misdemeanor of the second degree,
669punishable as provided in s. 775.082 or s. 775.083.
670     (4)  If When a certificate of title, including a foreign
671certificate, is branded to reflect a condition or prior use of
672the titled vehicle, the brand must be noted on the registration
673certificate of the vehicle and such brand shall be carried
674forward on all subsequent certificates of title and registration
675certificates issued for the life of the vehicle.
676     (5)  Any person who knowingly sells, exchanges, or offers
677to sell or exchange a motor vehicle or mobile home contrary to
678the provisions of this section or any officer, agent, or
679employee of a person who knowingly authorizes, directs, aids in,
680or consents to the sale, exchange, or offer to sell or exchange
681a motor vehicle or mobile home contrary to the provisions of
682this section commits a misdemeanor of the second degree,
683punishable as provided in s. 775.082 or s. 775.083.
684     (6)  Any person who removes a rebuilt decal from a rebuilt
685vehicle with the intent to conceal the rebuilt status of the
686vehicle commits a felony of the third degree, punishable as
687provided in s. 775.082, s. 775.083, or s. 775.084.
688     (7)  This section applies to a mobile home, travel trailer,
689camping trailer, truck camper, or fifth-wheel recreation trailer
690only when the such mobile home or vehicle is a rebuilt vehicle
691or is assembled from parts.
692     (8)  A No person is not shall be liable or accountable in
693any civil action arising out of a violation of this section if
694the designation of the previous use or condition of the motor
695vehicle is not noted on the certificate of title and
696registration certificate of the vehicle which was received by,
697or delivered to, such person, unless the such person has
698actively concealed the prior use or condition of the vehicle
699from the purchaser.
700     (9)  Subsections (1), (2), and (3) do not apply to the
701transfer of ownership of a motor vehicle after the motor vehicle
702has ceased to be used as a lease vehicle and the ownership has
703been transferred to an owner for private use or to the transfer
704of ownership of a nonconforming vehicle with 36,000 or more
705miles on its odometer, or 34 months whichever is later and the
706ownership has been transferred to an owner for private use. Such
707owner, as shown on the title certificate, may request the
708department to issue a corrected certificate of title that does
709not contain the statement of the previous use of the vehicle as
710a lease vehicle or condition as a nonconforming vehicle.
711     Section 24.  Section 319.225, Florida Statutes, is amended
712to read:
713     319.225  Transfer and reassignment forms; odometer
714disclosure statements.-
715     (1)  Every certificate of title issued by the department
716must contain the following statement on its reverse side:
717"Federal and state law require the completion of the odometer
718statement set out below. Failure to complete or providing false
719information may result in fines, imprisonment, or both."
720     (2)  Each certificate of title issued by the department
721must contain on its reverse side a form for transfer of title by
722the titleholder of record, which form must contain an odometer
723disclosure statement in the form required by 49 C.F.R. s. 580.5.
724     (3)  Each certificate of title issued by the department
725must contain on its reverse side as many forms as space allows
726for reassignment of title by a licensed dealer as permitted by
727s. 319.21(3), which form or forms shall contain an odometer
728disclosure statement in the form required by 49 C.F.R. s. 580.5.
729When all dealer reassignment forms provided on the back of the
730title certificate have been filled in, a dealer may reassign the
731title certificate by using a separate dealer reassignment form
732issued by the department in compliance with 49 C.F.R. ss. 580.4
733and 580.5, which form shall contain an original, two carbon
734copies one of which shall be submitted directly to the
735department by the dealer within 5 business days after the
736transfer and a copy, one of which shall be retained by the
737dealer in his or her records for 5 years. The provisions of this
738subsection shall also apply to vehicles not previously titled in
739this state and vehicles whose title certificates do not contain
740the forms required by this section.
741     (4)  Upon transfer or reassignment of a certificate of
742title to a used motor vehicle, the transferor shall complete the
743odometer disclosure statement provided for by this section and
744the transferee shall acknowledge the disclosure by signing and
745printing his or her name in the spaces provided. This subsection
746does not apply to a vehicle that has a gross vehicle rating of
747more than 16,000 pounds, a vehicle that is not self-propelled,
748or a vehicle that is 10 years old or older. A lessor who
749transfers title to his or her vehicle without obtaining
750possession of the vehicle shall make odometer disclosure as
751provided by 49 C.F.R. s. 580.7. Any person who fails to complete
752or acknowledge a disclosure statement as required by this
753subsection commits is guilty of a misdemeanor of the second
754degree, punishable as provided in s. 775.082 or s. 775.083. The
755department may not issue a certificate of title unless this
756subsection has been complied with.
757     (5)  The same person may not sign a disclosure statement as
758both the transferor and the transferee in the same transaction
759except as provided in subsection (6).
760     (6)(a)  If the certificate of title is physically held by a
761lienholder, the transferor may give a power of attorney to his
762or her transferee for the purpose of odometer disclosure. The
763power of attorney must be on a form issued or authorized by the
764department, which form must be in compliance with 49 C.F.R. ss.
765580.4 and 580.13. The department shall not require the signature
766of the transferor to be notarized on the form; however, in lieu
767of notarization, the form shall include an affidavit with the
768following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
769HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
770ARE TRUE. The transferee shall sign the power of attorney form,
771print his or her name, and return a copy of the power of
772attorney form to the transferor. Upon receipt of a title
773certificate, the transferee shall complete the space for mileage
774disclosure on the title certificate exactly as the mileage was
775disclosed by the transferor on the power of attorney form. If
776the transferee is a licensed motor vehicle dealer who is
777transferring the vehicle to a retail purchaser, the dealer shall
778make application on behalf of the retail purchaser as provided
779in s. 319.23(6) and shall submit the original power of attorney
780form to the department with the application for title and the
781transferor's title certificate; otherwise, a dealer may reassign
782the title certificate by using the dealer reassignment form in
783the manner prescribed in subsection (3), and, at the time of
784physical transfer of the vehicle, the original power of attorney
785shall be delivered to the person designated as the transferee of
786the dealer on the dealer reassignment form. A copy of the
787executed power of attorney shall be submitted to the department
788with a copy of the executed dealer reassignment form within 5
789business days after the certificate of title and dealer
790reassignment form are delivered by the dealer to its transferee.
791     (b)  If the certificate of title is lost or otherwise
792unavailable, the transferor may give a power of attorney to his
793or her transferee for the purpose of odometer disclosure. The
794power of attorney must be on a form issued or authorized by the
795department, which form must be in compliance with 49 C.F.R. ss.
796580.4 and 580.13. The department shall not require the signature
797of the transferor to be notarized on the form; however, in lieu
798of notarization, the form shall include an affidavit with the
799following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
800HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
801ARE TRUE. The transferee shall sign the power of attorney form,
802print his or her name, and return a copy of the power of
803attorney form to the transferor. Upon receipt of the title
804certificate or a duplicate title certificate, the transferee
805shall complete the space for mileage disclosure on the title
806certificate exactly as the mileage was disclosed by the
807transferor on the power of attorney form. If the transferee is a
808licensed motor vehicle dealer who is transferring the vehicle to
809a retail purchaser, the dealer shall make application on behalf
810of the retail purchaser as provided in s. 319.23(6) and shall
811submit the original power of attorney form to the department
812with the application for title and the transferor's title
813certificate or duplicate title certificate; otherwise, a dealer
814may reassign the title certificate by using the dealer
815reassignment form in the manner prescribed in subsection (3),
816and, at the time of physical transfer of the vehicle, the
817original power of attorney shall be delivered to the person
818designated as the transferee of the dealer on the dealer
819reassignment form. If the dealer sells the vehicle to an out-of-
820state resident or an out-of-state dealer and the power of
821attorney form is applicable to the transaction, the dealer must
822photocopy the completed original of the form and mail it
823directly to the department within 5 business days after the
824certificate of title and dealer reassignment form are delivered
825by the dealer to the purchaser. A copy of the executed power of
826attorney shall be submitted to the department with a copy of the
827executed dealer reassignment form within 5 business days after
828the duplicate certificate of title and dealer reassignment form
829are delivered by the dealer to its transferee.
830     (c)  If the mechanics of the transfer of title to a motor
831vehicle in accordance with the provisions of paragraph (a) or
832paragraph (b) are determined to be incompatible with and
833unlawful under the provisions of 49 C.F.R. part 580, the
834transfer of title to a motor vehicle by operation of this
835subsection can be effected in any manner not inconsistent with
83649 C.F.R. part 580 and Florida law; provided, any power of
837attorney form issued or authorized by the department under this
838subsection shall contain an original, two carbon copies, one of
839which shall be submitted directly to the department by the
840dealer within 5 business days of use by the dealer to effect
841transfer of a title certificate as provided in paragraphs (a)
842and (b) and a copy, one of which shall be retained by the dealer
843in its records for 5 years.
844     (d)  Any person who fails to complete the information
845required by this subsection or to file with the department the
846forms required by this subsection commits is guilty of a
847misdemeanor of the second degree, punishable as provided in s.
848775.082 or s. 775.083. The department shall not issue a
849certificate of title unless this subsection has been complied
850with.
851     (7)  Subject to approval by the National Highway Traffic
852Safety Administration or any other applicable authority, if a
853title is held electronically and the transferee agrees to
854maintain the title electronically, the transferor and transferee
855shall complete a secure reassignment document that discloses the
856odometer reading and is signed by both the transferor and
857transferee at the tax collector's office or license plate
858agency. A dealer acquiring a motor vehicle that has an
859electronic title shall use a secure reassignment document signed
860by the person from whom the dealer acquired the motor vehicle.
861Upon transferring the motor vehicle to a purchaser, a separate
862reassignment document shall be executed.
863     (8)(7)  Each certificate of title issued by the department
864must contain on its reverse side a minimum of three four spaces
865for notation of the name and license number of any auction
866through which the vehicle is sold and the date the vehicle was
867auctioned. Each separate dealer reassignment form issued by the
868department must also have the space referred to in this section.
869When a transfer of title is made at a motor vehicle auction, the
870reassignment must note the name and address of the auction, but
871the auction shall not thereby be deemed to be the owner, seller,
872transferor, or assignor of title. A motor vehicle auction is
873required to execute a dealer reassignment only when it is the
874owner of a vehicle being sold.
875     (9)(8)  Upon transfer or reassignment of a used motor
876vehicle through the services of an auction, the auction shall
877complete the information in the space provided for by subsection
878(8) (7). Any person who fails to complete the information as
879required by this subsection commits is guilty of a misdemeanor
880of the second degree, punishable as provided in s. 775.082 or s.
881775.083. The department shall not issue a certificate of title
882unless this subsection has been complied with.
883     (10)(9)  This section shall be construed to conform to 49
884C.F.R. part 580.
885     Section 25.  Subsection (6) of section 319.23, Florida
886Statutes, is amended, present subsections (7) through (11) of
887that section are renumbered as subsections (8) through (12),
888respectively, and  a new subsection (7) is added to that
889section, to read:
890     319.23  Application for, and issuance of, certificate of
891title.-
892     (6)(a)  In the case of the sale of a motor vehicle or
893mobile home by a licensed dealer to a general purchaser, the
894certificate of title must be obtained in the name of the
895purchaser by the dealer upon application signed by the
896purchaser, and in each other case such certificate must be
897obtained by the purchaser. In each case of transfer of a motor
898vehicle or mobile home, the application for a certificate of
899title, a corrected certificate, or an assignment or reassignment
900must be filed within 30 days after the delivery of the motor
901vehicle or from consummation of the sale of a mobile home to the
902purchaser. An applicant must pay a fee of $20, in addition to
903all other fees and penalties required by law, for failing to
904file such application within the specified time. In the case of
905the sale of a motor vehicle by a licensed motor vehicle dealer
906to a general purchaser who resides in another state or country,
907the dealer is not required to apply for a certificate of title
908for the motor vehicle; however, the dealer must transfer
909ownership and reassign the certificate of title or
910manufacturer's certificate of origin to the purchaser, and the
911purchaser must sign an affidavit, as approved by the department,
912that the purchaser will title and register the motor vehicle in
913another state or country.
914     (b)  If a licensed dealer acquires a motor vehicle or
915mobile home as a trade-in, the dealer must file with the
916department, within 30 days, a notice of sale signed by the
917seller. The department shall update its database for that title
918record to indicate "sold." A licensed dealer need not apply for
919a certificate of title for any motor vehicle or mobile home in
920stock acquired for stock purposes except as provided in s.
921319.225.
922     (7)  If an applicant for a certificate of title is unable
923to provide the department with a certificate of title that
924assigns the prior owner's interest in the motor vehicle, the
925department may accept a bond in the form prescribed by the
926department, along with an affidavit in a form prescribed by the
927department, which includes verification of the vehicle
928identification 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
933business in this state;
934     4.  In an amount equal to two times the value of the
935vehicle as determined by the department; and
936     5.  Conditioned to indemnify all prior owners and
937lienholders and all subsequent purchasers of the vehicle or
938persons who acquire a security interest in the vehicle, and
939their successors in interest, against any expense, loss, or
940damage, including reasonable attorney's fees, occurring because
941of the issuance of the certificate of title for the vehicle or
942for a defect in or undisclosed security interest on the right,
943title, or interest of the applicant to the vehicle.
944     (b)  An interested person has a right to recover on the
945bond for a breach of the bond's condition. The aggregate
946liability of the surety to all persons may not exceed the amount
947of the bond.
948     (c)  A bond under this subsection expires on the third
949anniversary 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
953applicant acquired ownership and possession of the motor
954vehicle;
955     3.  Disclose that no security interests, liens, or
956encumbrances against the motor vehicle are known to the
957applicant against the motor vehicle; and
958     4.  State that the applicant has the right to have a
959certificate of title issued.
960     Section 26.  Paragraph (b) of subsection (2) of section
961319.28, Florida Statutes, is amended, and subsection (3) is
962added 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
966home pursuant to the terms of a security agreement or similar
967instrument, an affidavit by the party to whom possession has
968passed stating that the vehicle or mobile home was repossessed
969upon default in the terms of the security agreement or other
970instrument shall be considered satisfactory proof of ownership
971and right of possession. At least 5 days before prior to selling
972the repossessed vehicle, any subsequent lienholder named in the
973last issued certificate of title shall be sent notice of the
974repossession by certified mail, on a form prescribed by the
975department. If such notice is given and no written protest to
976the department is presented by a subsequent lienholder within 15
977days after from the date on which the notice was mailed, the
978certificate of title or the certificate of repossession shall be
979issued showing no liens. If the former owner or any subsequent
980lienholder files a written protest under oath within such 15-day
981period, the department shall not issue the certificate of title
982or certificate of repossession for 10 days thereafter. If within
983the 10-day period no injunction or other order of a court of
984competent jurisdiction has been served on the department
985commanding it not to deliver the certificate of title or
986certificate of repossession, the department shall deliver the
987certificate of title or repossession to the applicant or as may
988otherwise be directed in the application showing no other liens
989than those shown in the application. Any lienholder who has
990repossessed a vehicle in this state in compliance with the
991provisions of this section must apply to a tax collector's
992office in this state or to the department for a certificate of
993repossession or to the department for a certificate of title
994pursuant to s. 319.323. Proof of the required notice to
995subsequent lienholders shall be submitted together with regular
996title fees. A lienholder to whom a certificate of repossession
997has been issued may assign the certificate of title to the
998subsequent owner. Any person who violates found guilty of
999violating any requirements of this paragraph commits shall be
1000guilty of a felony of the third degree, punishable as provided
1001in s. 775.082, s. 775.083, or s. 775.084.
1002     (3)  A dealer of farm or industrial equipment, as those
1003terms are used in s. 493.6101(22), conducting a repossession of
1004such equipment is not subject to licensure as a recovery agent
1005or recovery agency if such dealer is regularly engaged in the
1006sale of such equipment for a particular manufacturer and the
1007lender is affiliated with that manufacturer.
1008     Section 27.  Section 319.323, Florida Statutes, is amended
1009to read:
1010     319.323  Expedited service; applications; fees.-The
1011department shall establish a separate title office which may be
1012used by private citizens and licensed motor vehicle dealers to
1013receive expedited service on title transfers, title issuances,
1014duplicate titles, and recordation of liens, and certificates of
1015repossession. A fee of $10 shall be charged for this service,
1016which fee is in addition to the fees imposed by s. 319.32. The
1017fee, after deducting the amount referenced by s. 319.324 and
1018$3.50 to be retained by the processing agency, shall be
1019deposited into the General Revenue Fund. Application for
1020expedited service may be made by mail or in person. The
1021department shall issue each title applied for under this section
1022within 5 working days after receipt of the application except
1023for an application for a duplicate title certificate covered by
1024s. 319.23(4), in which case the title must be issued within 5
1025working days after compliance with the department's verification
1026requirements.
1027     Section 28.  Section 319.40, Florida Statutes, is amended
1028to read:
1029     319.40  Transactions by electronic or telephonic means.-
1030     (1)  The department may is authorized to accept any
1031application provided for under this chapter by electronic or
1032telephonic means.
1033     (2)  The department may issue an electronic certificate of
1034title in lieu of printing a paper title.
1035     (3)  The department may collect and use electronic mail
1036addresses as a notification method in lieu of the United States
1037Postal Service, except for any notice regarding the potential
1038forfeiture or foreclosure of an interest in property.
1039     Section 29.  Paragraph (a) of subsection (1) of section
1040320.01, Florida Statutes, is amended, present subsections (24)
1041through (45) are renumbered as subsections (23) through (44),
1042respectively, present subsections (23), (25), and (26) are
1043amended, and a new subsection (45) is added to that section, to
1044read:
1045     320.01  Definitions, general.-As used in the Florida
1046Statutes, except as otherwise provided, the term:
1047     (1)  "Motor vehicle" means:
1048     (a)  An automobile, motorcycle, truck, trailer,
1049semitrailer, truck tractor and semitrailer combination, or any
1050other vehicle operated on the roads of this state, used to
1051transport persons or property, and propelled by power other than
1052muscular power, but the term does not include traction engines,
1053road rollers, special mobile equipment as defined in chapter
1054316, such vehicles as run only upon a track, bicycles, swamp
1055buggies, or mopeds.
1056     (23)  "Apportioned motor vehicle" means any motor vehicle
1057which is required to be registered, or with respect to which an
1058election has been made to register it, under the International
1059Registration Plan.
1060     (24)(25)  "Apportionable vehicle" means any vehicle, except
1061recreational vehicles, vehicles displaying restricted plates,
1062city pickup and delivery vehicles, buses used in transportation
1063of chartered parties, and government-owned vehicles, which is
1064used or intended for use in two or more member jurisdictions
1065that allocate or proportionally register vehicles and which is
1066used for the transportation of persons for hire or is designed,
1067used, or maintained primarily for the transportation of property
1068and:
1069     (a)  Is a power unit having a gross vehicle weight in
1070excess of 26,000 26,001 pounds;
1071     (b)  Is a power unit having three or more axles, regardless
1072of weight; or
1073     (c)  Is used in combination, when the weight of such
1074combination exceeds 26,000 26,001 pounds gross vehicle weight.
1075
1076Vehicles, or combinations thereof, having a gross vehicle weight
1077of 26,000 26,001 pounds or less and two-axle vehicles may be
1078proportionally registered.
1079     (25)(26)  "Commercial motor vehicle" means any vehicle that
1080which is not owned or operated by a governmental entity, that
1081which uses special fuel or motor fuel on the public highways,
1082and that which has a gross vehicle weight of 26,001 pounds or
1083more, or has three or more axles regardless of weight, or is
1084used in combination when the weight of such combination exceeds
108526,000 26,001 pounds gross vehicle weight. A vehicle that
1086occasionally transports personal property to and from a closed-
1087course motorsport facility, as defined in s. 549.09(1)(a), is
1088not a commercial motor vehicle if the use is not for profit and
1089corporate sponsorship is not involved. As used in this
1090subsection, the term "corporate sponsorship" means a payment,
1091donation, gratuity, in-kind service, or other benefit provided
1092to or derived by a person in relation to the underlying
1093activity, other than the display of product or corporate names,
1094logos, or other graphic information on the property being
1095transported.
1096     (45)  SWAMP BUGGY.-A motorized off-road vehicle designed to
1097travel over swampy terrain, which may utilize large tires or
1098tracks operated from an elevated platform, and may be used upon
1099varied terrain. A swamp buggy does not include any vehicle
1100defined in chapter 261 or otherwise defined or classified in
1101this chapter. A swamp buggy may not be operated upon the public
1102roads, streets, or highways of this state, except to the extent
1103specifically authorized by a state or federal agency to be used
1104exclusively upon lands, managed, owned, or leased by that
1105agency.
1106     Section 30.  Subsection (2) of section 320.02, Florida
1107Statutes, is amended, paragraphs (o), (p), (q), and (r) are
1108added to subsection (15), and subsection (18) is added to that
1109section, to read:
1110     320.02  Registration required; application for
1111registration; forms.-
1112     (2)(a)  The application for registration shall include the
1113street address of the owner's permanent residence or the address
1114of his or her permanent place of business and shall be
1115accompanied by personal or business identification information
1116which may include, but need not be limited to, a driver's
1117license number, Florida identification card number, or federal
1118employer identification number. If the owner does not have a
1119permanent residence or permanent place of business or if the
1120owner's permanent residence or permanent place of business
1121cannot be identified by a street address, the application shall
1122include:
1123     1.  If the vehicle is registered to a business, the name
1124and street address of the permanent residence of an owner of the
1125business, an officer of the corporation, or an employee who is
1126in a supervisory position.
1127     2.  If the vehicle is registered to an individual, the name
1128and street address of the permanent residence of a close
1129relative or friend who is a resident of this state.
1130
1131If the vehicle is registered to an active-duty military member
1132who is a Florida resident, the member is exempt from the
1133requirement to provide a Florida residential address.
1134     (b)  The department shall prescribe a form upon which motor
1135vehicle owners may record odometer readings when registering
1136their motor vehicles.
1137     (15)
1138     (o)  The application form for motor vehicle registration
1139and renewal registration must include language permitting the
1140voluntary contribution of $1 to End Hunger in Florida. The
1141proceeds shall be distributed monthly by the department to the
1142Florida Association of Food Banks, Inc., a corporation not for
1143profit under s. 501(c)(3) of the Internal Revenue Code. The
1144funds shall be used by the organization for the purpose of
1145ending hunger in Florida.
1146     (p)  The application form for motor vehicle registration
1147and renewal of registration must include language permitting a
1148voluntary contribution of $1 to Take Stock In Children. Such
1149contributions shall be transferred by the department each month
1150to Take Stock In Children, Inc.
1151     (q)  The application form for motor vehicle registration
1152and renewal of registration must include language permitting a
1153voluntary contribution of $1 per applicant for Autism Services
1154and Supports. Such contributions must be transferred by the
1155department each month to the Achievement and Rehabilitation
1156Centers, Inc., Autism Services Fund.
1157     (r)  The application form for motor vehicle registration
1158and renewal of registration must include language permitting a
1159voluntary contribution of $1 to Support Our Troops, which shall
1160be distributed monthly to Support Our Troops, Inc., a Florida
1161not-for-profit organization.
1162
1163For the purpose of applying the service charge provided in s.
1164215.20, contributions received under this subsection are not
1165income of a revenue nature.
1166     (18)  All electronic registration records shall be retained
1167by the department for not less than 10 years.
1168     Section 31.  Subsection (9) is added to section 320.023,
1169Florida Statutes, to read:
1170     320.023  Requests to establish voluntary checkoff on motor
1171vehicle registration application.-
1172     (9)  The department may annually retain from the first
1173proceeds derived from the voluntary contributions collected an
1174amount sufficient to defray for each voluntary contribution the
1175pro rata share of the department's costs directly related to the
1176voluntary contributions program. Such costs include renewal
1177notices, postage, distribution costs, direct costs to the
1178department, and costs associated with reviewing each
1179organization's compliance with the audit and attestation
1180requirements of this section. The revenues retained by the
1181department may not be less than 0.5 percent and may not exceed
11821.5 percent. The balance of the proceeds from the voluntary
1183contributions collected shall be distributed as provided by law.
1184     Section 32.  Subsections (7) and (8) of section 320.03,
1185Florida Statutes, are amended to read:
1186     320.03  Registration; duties of tax collectors;
1187International Registration Plan.-
1188     (7)  The Department of Highway Safety and Motor Vehicles
1189shall register apportionable apportioned motor vehicles under
1190the provisions of the International Registration Plan. The
1191department may adopt rules to implement and enforce the
1192provisions of the plan.
1193     (8)  If the applicant's name appears on the list referred
1194to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1195license plate or revalidation sticker may not be issued until
1196that person's name no longer appears on the list or until the
1197person presents a receipt from the governmental entity or the
1198clerk of court that provided the data showing that the fines
1199outstanding have been paid. This subsection does not apply to
1200the owner of a leased vehicle if the vehicle is registered in
1201the name of the lessee of the vehicle. The tax collector and the
1202clerk of the court are each entitled to receive monthly, as
1203costs for implementing and administering this subsection, 10
1204percent of the civil penalties and fines recovered from such
1205persons. As used in this subsection, the term "civil penalties
1206and fines" does not include a wrecker operator's lien as
1207described in s. 713.78(13). If the tax collector has private tag
1208agents, such tag agents are entitled to receive a pro rata share
1209of the amount paid to the tax collector, based upon the
1210percentage of license plates and revalidation stickers issued by
1211the tag agent compared to the total issued within the county.
1212The authority of any private agent to issue license plates shall
1213be revoked, after notice and a hearing as provided in chapter
1214120, if he or she issues any license plate or revalidation
1215sticker contrary to the provisions of this subsection. This
1216section applies only to the annual renewal in the owner's birth
1217month of a motor vehicle registration and does not apply to the
1218transfer of a registration of a motor vehicle sold by a motor
1219vehicle dealer licensed under this chapter, except for the
1220transfer of registrations which is inclusive of the annual
1221renewals. This section does not affect the issuance of the title
1222to 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;
1226lists and searches; fees.-
1227     (3)
1228     (b)  Fees therefor shall be charged and collected as
1229follows:
1230     1.  For providing lists of motor vehicle or vessel records
1231for the entire state, or any part or parts thereof, divided
1232according to counties, a sum computed at a rate of not less than
12331 cent nor more than 5 cents per item.
1234     2.  For providing noncertified photographic copies of motor
1235vehicle or vessel documents, $1 per page.
1236     3.  For providing noncertified photographic copies of
1237micrographic records, $1 per page.
1238     4.  For providing certified copies of motor vehicle or
1239vessel records, $3 per record.
1240     5.  For providing noncertified computer-generated printouts
1241of motor vehicle or vessel records, 50 cents per record.
1242     6.  For providing certified computer-generated printouts of
1243motor vehicle or vessel records, $3 per record.
1244     7.  For providing electronic access to motor vehicle,
1245vessel, and mobile home registration data requested by tag,
1246vehicle identification number, title number, or decal number, 50
1247cents per item.
1248     8.  For providing electronic access to driver's license
1249status report by name, sex, and date of birth or by driver
1250license number, 50 cents per item.
1251     9.  For providing lists of licensed mobile home dealers and
1252manufacturers and recreational vehicle dealers and
1253manufacturers, $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
1258Procedures Manual, $25.
1259     (5)  The creation and maintenance of records by the
1260Division of Motorist Services within the department and the
1261Division of Motor Vehicles pursuant to this chapter shall not be
1262regarded as law enforcement functions of agency recordkeeping.
1263     Section 34.  Section 320.061, Florida Statutes, is amended
1264to read:
1265     320.061  Unlawful to alter motor vehicle registration
1266certificates, temporary license plates, license plates, mobile
1267home stickers, or validation stickers or to obscure license
1268plates; penalty.-No person shall alter the original appearance
1269of any registration license plate, temporary license plate,
1270mobile home sticker, validation sticker, or vehicle registration
1271certificate issued for and assigned to any motor vehicle or
1272mobile home, whether by mutilation, alteration, defacement, or
1273change of color or in any other manner. No person shall apply or
1274attach any substance, reflective matter, illuminated device,
1275spray, coating, covering, or other material onto or around any
1276license plate that interferes with the legibility, angular
1277visibility, or detectability of any feature or detail on the
1278license plate or interferes with the ability to record any
1279feature or detail on the license plate. Any person who violates
1280this section commits a noncriminal traffic infraction,
1281punishable as a moving violation as provided in chapter 318.
1282     Section 35.  Subsection (1) of section 320.071, Florida
1283Statutes, is amended to read:
1284     320.071  Advance registration renewal; procedures.-
1285     (1)(a)  The owner of any motor vehicle or mobile home
1286currently registered in this state may file an application for
1287renewal of registration with the department, or its authorized
1288agent in the county wherein the owner resides, any time during
1289the 3 months preceding the date of expiration of the
1290registration period. The registration period may not exceed 27
1291months.
1292     (b)  The owner of any apportionable apportioned motor
1293vehicle currently registered in this state under the provisions
1294of the International Registration Plan may file an application
1295for renewal of registration with the department any time during
1296the 3 months preceding the date of expiration of the
1297registration period.
1298     Section 36.  Subsections (1) and (3) of section 320.0715,
1299Florida Statutes, are amended to read:
1300     320.0715  International Registration Plan; motor carrier
1301services; permits; retention of records.-
1302     (1)  All apportionable commercial motor vehicles domiciled
1303in this state and engaged in interstate commerce shall be
1304registered in accordance with the provisions of the
1305International Registration Plan and shall display apportioned
1306license plates.
1307     (3)(a)  If the department is unable to immediately issue
1308the apportioned license plate to an applicant currently
1309registered in this state under the International Registration
1310Plan or to a vehicle currently titled in this state, the
1311department or its designated agent is authorized to issue a 60-
1312day temporary operational permit. The department or agent of the
1313department shall charge a $3 fee and the service charge
1314authorized by s. 320.04 for each temporary operational permit it
1315issues.
1316     (b)  The department shall in no event issue a temporary
1317operational permit for any apportionable commercial motor
1318vehicle to any applicant until the applicant has shown that:
1319     1.  All sales or use taxes due on the registration of the
1320vehicle are paid; and
1321     2.  Insurance requirements have been met in accordance with
1322ss. 320.02(5) and 627.7415.
1323     (c)  Issuance of a temporary operational permit provides
1324commercial motor vehicle registration privileges in each
1325International Registration Plan member jurisdiction designated
1326on said permit and therefore requires payment of all applicable
1327registration fees and taxes due for that period of registration.
1328     (d)  Application for permanent registration must be made to
1329the department within 10 days following from issuance of a
1330temporary operational permit. Failure to file an application
1331within this 10-day period may result in cancellation of the
1332temporary operational permit.
1333     Section 37.  Paragraph (d) of subsection (5) of section
1334320.08, Florida Statutes, is amended to read:
1335     320.08  License taxes.-Except as otherwise provided herein,
1336there are hereby levied and imposed annual license taxes for the
1337operation of motor vehicles, mopeds, motorized bicycles as
1338defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
1339and mobile homes, as defined in s. 320.01, which shall be paid
1340to and collected by the department or its agent upon the
1341registration or renewal of registration of the following:
1342     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1343SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1344     (d)  A wrecker, as defined in s. 320.01(40), which is used
1345to tow a vessel as defined in s. 327.02(39), a disabled,
1346abandoned, stolen-recovered, or impounded motor vehicle as
1347defined in s. 320.01(38), or a replacement motor vehicle as
1348defined in s. 320.01(39): $41 flat, of which $11 shall be
1349deposited into the General Revenue Fund.
1350     Section 38.  Subsection (9) of section 320.08056, Florida
1351Statutes, is amended, and paragraph (aaaa) is added to
1352subsection (4) of that section, to read:
1353     320.08056  Specialty license plates.-
1354     (4)  The following license plate annual use fees shall be
1355collected for the appropriate specialty license plates:
1356     (aaaa)  Go Green license plate, $25.
1357     (9)(a)  The organization that requested the specialty
1358license plate may not redesign the specialty license plate
1359unless the inventory of those plates has been depleted. However,
1360the organization may purchase the remaining inventory of the
1361specialty license plates from the department at cost.
1362     (b)  An organization with a specialty license plate must
1363submit a written request to the department 90 days before the
1364convening of the next regular session of the Legislature in
1365order to change the name of the recipient organization listed in
1366this section or s. 320.08058.
1367     Section 39.  Paragraph (b) of subsection (48) and
1368subsection (53) of section 320.08058, Florida Statutes, are
1369amended, 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
1373distributed to the Florida Dream Foundation, Inc. The Florida
1374Dream Foundation, Inc., shall retain the first $60,000 in
1375proceeds from the annual use fees as reimbursement for
1376administrative costs, startup costs, and costs incurred in the
1377approval process. Thereafter, up to 25 percent shall be used for
1378continuing promotion and marketing of the license plate and
1379concept. The remaining funds shall be used in the following
1380manner:
1381     1.  Twenty-five percent shall be distributed equally among
1382the sickle cell organizations that are Florida members of the
1383Sickle Cell Disease Association of America, Inc., for programs
1384that provide research, care, and treatment for sickle cell
1385disease.
1386     2.  Twenty-five percent shall be distributed to the Florida
1387chapter of the March of Dimes for programs and services that
1388improve the health of babies through the prevention of birth
1389defects and infant mortality.
1390     3.  Ten percent shall be distributed to the Florida
1391Association of Healthy Start Coalitions to decrease racial
1392disparity in infant mortality and to increase healthy birth
1393outcomes. Funding will be used by local Healthy Start Coalitions
1394to provide services and increase screening rates for high-risk
1395pregnant women, children under 4 years of age, and women of
1396childbearing age.
1397     4.  Ten percent shall be distributed to the Community
1398Partnership for Homeless, Inc., for programs that provide relief
1399from poverty, hunger, and homelessness.
1400     5.  Five percent of the proceeds shall be used by the
1401foundation for administrative costs directly associated with
1402operations as they relate to the management and distribution of
1403the proceeds.
1404     (53)  SUPPORT SOCCER LICENSE PLATES.-
1405     (a)  The department shall develop a Support Soccer license
1406plate as provided in this section. Support Soccer license plates
1407must bear the colors and design approved by the department. The
1408word "Florida" must appear at the top of the plate, and the
1409words "Support Soccer" must appear at the bottom of the plate.
1410     (b)  The annual use fees shall be distributed to the
1411Florida Lighthouse Soccer Foundation, Inc., which shall retain
1412the initial revenues from the sale of such plates until all
1413startup costs for developing and establishing the plate have
1414been recovered, not to exceed $85,000. Thereafter, the proceeds
1415of 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
1417Florida Lighthouse Soccer Foundation, Inc., for continuing
1418promotion and marketing of the license plate and concept.
1419     2.  Twenty percent shall be distributed to the Florida
1420Youth Soccer Association for programs and services that foster
1421the physical, mental, and emotional growth and development of
1422Florida's youth through the sport of soccer at all levels of age
1423and competition, including a portion to be determined by the
1424Florida Youth Soccer Association for the TOPSoccer program to
1425promote participation by the physically and mentally
1426disadvantaged.
1427     3.  Twenty percent shall be distributed as grants for
1428programs that promote participation by the economically
1429disadvantaged and to support soccer programs where none
1430previously existed.
1431     4.  Ten percent shall be distributed to the Florida State
1432Soccer Association to promote the sport of soccer and the long-
1433term development of the sport.
1434     5.  Ten percent shall be distributed as grants for programs
1435that promote and support the construction of fields and soccer-
1436specific infrastructure.
1437     6.  Ten percent shall be distributed as grants for programs
1438that foster and promote health, physical fitness, and
1439educational opportunities through soccer.
1440     7.  Five percent shall be expended by the Florida
1441Lighthouse Soccer Foundation, Inc., for administrative costs
1442directly associated with the foundation's operations as they
1443relate to the management and distribution of the proceeds.
1444     (79)  GO GREEN LICENSE PLATE.-
1445     (a)  Notwithstanding the provisions of s. 45 of chapter
14462008-176, Laws of Florida, as amended by s. 21 of chapter 2010-
1447223, Laws of Florida, and upon receipt of $60,000 and submission
1448of the proposed art design for the specialty license plate to
1449the department in a medium prescribed by the department, as soon
1450as practicable, but no later than 60 days after the effective
1451date of this act, the department shall develop a Go Green
1452license plate as provided in this section. The plate must bear
1453the colors and design approved by the department. The word
1454"Florida" must appear at the top of the plate, and the words "Go
1455Green" must appear at the bottom of the plate.
1456     (b)  The annual use fees shall be distributed to the
1457Coalition for Renewable Energy Solutions, Inc., which shall
1458retain the initial revenues from the sales of such plates until
1459all startup costs incurred in the development and approval of
1460the plates have been reimbursed. Thereafter, the proceeds shall
1461be used by the coalition as follows:
1462     1.  A maximum of 10 percent of the proceeds may be used to
1463fund the administrative and marketing costs of the license plate
1464program.
1465     2.  The remaining fees shall be used to fund programs and
1466projects that educate the public and implement or publicize
1467renewable energy solutions.
1468     Section 40.  Paragraph (e) of subsection (4) of section
1469320.08068, 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
1472collected for each motorcycle specialty license plate. Annual
1473use fees shall be distributed to The Able Trust as custodial
1474agent. The Able Trust may retain a maximum of 10 percent of the
1475proceeds from the sale of the license plate for administrative
1476costs. The Able Trust shall distribute the remaining funds as
1477follows:
1478     (e)  Twenty percent to the Florida Association of Centers
1479for Independent Living to be used to leverage additional funding
1480and new sources of revenue for the centers for independent
1481living in this state.
1482     Section 41.  Subsection (1) of section 320.0847, Florida
1483Statutes, 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
1486owner or lessee of any vehicle registered as a low-speed vehicle
1487as defined in s. 320.01(42) or a mini truck as defined in s.
1488320.01(45) upon payment of the appropriate license taxes and
1489fees prescribed in s. 320.08.
1490     Section 42.  Subsections (1), (2), and (4) of section
1491320.0848, Florida Statutes, are amended to read:
1492     320.0848  Persons who have disabilities; issuance of
1493disabled parking permits; temporary permits; permits for certain
1494providers of transportation services to persons who have
1495disabilities.-
1496     (1)(a)  The Department of Highway Safety and Motor Vehicles
1497or its authorized agents shall, upon application and receipt of
1498the fee, issue a disabled parking permit for a period of up to 4
1499years, which period ends on the applicant's birthday, to any
1500person who has long-term mobility impairment, or a temporary
1501disabled parking permit not to exceed 6 months to any person who
1502has a temporary mobility impairment. No person will be required
1503to pay a fee for a parking permit for disabled persons more than
1504once in a 12-month period from the date of the prior fee
1505payment.
1506     (b)1.  The person must be currently certified as being
1507legally blind or as having any of the following disabilities
1508that render him or her unable to walk 200 feet without stopping
1509to rest:
1510     a.  Inability to walk without the use of or assistance from
1511a brace, cane, crutch, prosthetic device, or other assistive
1512device, or without the assistance of another person. If the
1513assistive device significantly restores the person's ability to
1514walk to the extent that the person can walk without severe
1515limitation, the person is not eligible for the exemption parking
1516permit.
1517     b.  The need to permanently use a wheelchair.
1518     c.  Restriction by lung disease to the extent that the
1519person's forced (respiratory) expiratory volume for 1 second,
1520when measured by spirometry, is less than 1 liter, or the
1521person's arterial oxygen is less than 60 mm/hg on room air at
1522rest.
1523     d.  Use of portable oxygen.
1524     e.  Restriction by cardiac condition to the extent that the
1525person's functional limitations are classified in severity as
1526Class III or Class IV according to standards set by the American
1527Heart Association.
1528     f.  Severe limitation in the person's ability to walk due
1529to an arthritic, neurological, or orthopedic condition.
1530     2.  The certification of disability which is required under
1531subparagraph 1. must be provided by a physician licensed under
1532chapter 458, chapter 459, or chapter 460, by a podiatric
1533physician licensed under chapter 461, by an optometrist licensed
1534under chapter 463, by an advanced registered nurse practitioner
1535licensed under chapter 464 under the protocol of a licensed
1536physician as stated in this subparagraph, by a physician
1537assistant licensed under chapter 458 or chapter 459, or by a
1538similarly licensed physician from another state if the
1539application is accompanied by documentation of the physician's
1540licensure in the other state and a form signed by the out-of-
1541state physician verifying his or her knowledge of this state's
1542eligibility guidelines.
1543     (c)  The certificate of disability must include, but need
1544not be limited to:
1545     1.  The disability of the applicant; the certifying
1546practitioner's name and address; the practitioner's
1547certification number; the eligibility criteria for the permit;
1548the penalty for falsification by either the certifying
1549practitioner or the applicant; the duration of the condition
1550that entitles the person to the permit; and justification for
1551the additional placard pursuant to subsection (2).
1552     2.  The statement, in bold letters: "A disabled parking
1553permit may be issued only for a medical necessity that severely
1554affects mobility."
1555     3.  The signatures of:
1556     a.  The applicant's physician or other certifying
1557practitioner.
1558     b.  The applicant or the applicant's parent or guardian.
1559     c.  The employee of the department's authorized agent which
1560employee is processing the application.
1561     (d)  Beginning October 1, 2011 April 1, 1999, the
1562Department of Highway Safety and Motor Vehicles shall renew the
1563disabled parking permit of any person certified as permanently
1564disabled on the application if the person applies for renewal in
1565person and provides a current certificate of disability pursuant
1566to this subsection. The requirement to apply for renewal in
1567person does not apply if the severity of the disability prevents
1568a disabled person from physically visiting or being transported
1569to a driver license or tax collector office and the certifying
1570physician has signed an additional section of the department's
1571parking permit application to exempt the disabled person from
1572the appearance requirement.
1573     (e)  The Department of Highway Safety and Motor Vehicles
1574shall, in consultation with the Commission for the
1575Transportation Disadvantaged, adopt rules, in accordance with
1576chapter 120, for the issuance of a disabled parking permit to
1577any organization that can adequately demonstrate a bona fide
1578need for such a permit because the organization provides regular
1579transportation services to persons who have disabilities and are
1580certified as provided in this subsection.
1581     (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
1582MOBILITY PROBLEMS.-
1583     (a)  The disabled parking permit is a placard that can be
1584placed in a motor vehicle so as to be visible from the front and
1585rear of the vehicle. Each side of the placard must have the
1586international symbol of accessibility in a contrasting color in
1587the center so as to be visible. One side of the placard must
1588display the applicant's driver's license number or state
1589identification card number along with a warning that the
1590applicant must have such identification at all times while using
1591the parking permit. In those cases where the severity of the
1592disability prevents a disabled person from physically visiting
1593or being transported to a driver license or tax collector office
1594to obtain a driver's license or identification card, a
1595certifying physician may sign the exemption section of the
1596department's parking permit application to exempt the disabled
1597person from being issued a driver's license or identification
1598card for the number to be displayed on the parking permit. A
1599validation sticker must also be issued with each disabled
1600parking permit, showing the month and year of expiration on each
1601side of the placard. Validation stickers must be of the size
1602specified by the Department of Highway Safety and Motor Vehicles
1603and must be affixed to the disabled parking permits. The
1604disabled parking permits must use the same colors as license
1605plate validations.
1606     (b)  License plates issued under ss. 320.084, 320.0842,
1607320.0843, and 320.0845 are valid for the same parking privileges
1608and other privileges provided under ss. 316.1955, 316.1964, and
1609526.141(5)(a).
1610     (c)  The department shall not issue an additional disabled
1611parking permit unless the applicant states that he or she is a
1612frequent traveler or a quadriplegic. The department may not
1613issue to any one eligible applicant more than two disabled
1614parking permits except to an organization in accordance with
1615paragraph (1)(e). Subsections (1), (5), (6), and (7) apply to
1616this subsection.
1617     (d)  If an applicant who is a disabled veteran, is a
1618resident of this state, has been honorably discharged, and
1619either has been determined by the Department of Defense or the
1620United States Department of Veterans Affairs or its predecessor
1621to have a service-connected disability rating for compensation
1622of 50 percent or greater or has been determined to have a
1623service-connected disability rating of 50 percent or greater and
1624is in receipt of both disability retirement pay from the United
1625States Department of Veterans Affairs, he or she must still
1626provide a signed physician's statement of qualification for the
1627disabled parking permits.
1628     (e)  To obtain a replacement for a disabled parking permit
1629that has been lost or stolen, a person must appear in person,
1630submit an application on a form prescribed by the department,
1631and must pay a replacement fee in the amount of $1.00, to be
1632retained by the issuing agency. If the person submits with the
1633application a police report documenting that the permit was
1634stolen, there is no replacement fee. The requirement to apply
1635for replacement in person does not apply if the severity of the
1636disability prevents a disabled person from physically visiting
1637or being transported to a driver license or tax collector
1638office, and the certifying physician has signed an additional
1639section of the department's parking permit application to exempt
1640the disabled person from the appearance requirement.
1641     (f)  A person who qualifies for a disabled parking permit
1642under this section may be issued an international wheelchair
1643user symbol license plate under s. 320.0843 in lieu of the
1644disabled parking permit; or, if the person qualifies for a "DV"
1645license plate under s. 320.084, such a license plate may be
1646issued to him or her in lieu of a disabled parking permit.
1647     (4)  From the proceeds of the temporary disabled parking
1648permit fees:
1649     (a)  The Department of Highway Safety and Motor Vehicles
1650must receive $3.50 for each temporary permit, to be deposited
1651into the Highway Safety Operating Trust Fund and used for
1652implementing the real-time disabled parking permit database and
1653for administering the disabled parking permit program.
1654     (b)  The tax collector, for processing, must receive $2.50
1655for each temporary permit.
1656     (c)  The remainder must be distributed monthly as follows:
1657     1.  To the Florida Endowment Foundation for Vocational
1658Rehabilitation, known as "The Able Trust," Florida Governor's
1659Alliance for the Employment of Disabled Citizens for the purpose
1660of improving employment and training opportunities for persons
1661who have disabilities, with special emphasis on removing
1662transportation barriers, $4. These fees must be directly
1663deposited into the Florida Endowment Foundation for Vocational
1664Rehabilitation as established in s. 413.615 Transportation
1665Disadvantaged Trust Fund for transfer to the Florida Governor's
1666Alliance for Employment of Disabled Citizens.
1667     2.  To the Transportation Disadvantaged Trust Fund to be
1668used for funding matching grants to counties for the purpose of
1669improving transportation of persons who have disabilities, $5.
1670     Section 43.  Effective October 1, 2011, subsection (1) of
1671section 320.089, Florida Statutes, is amended to read:
1672     320.089  Members of National Guard and active United States
1673Armed Forces reservists; former prisoners of war; survivors of
1674Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1675Freedom and Operation Enduring Freedom Veterans; Combat Infantry
1676Badge recipients; special license plates; fee.-
1677     (1)(a)  Each owner or lessee of an automobile or truck for
1678private use or recreational vehicle as specified in s.
1679320.08(9)(c) or (d), which is not used for hire or commercial
1680use, who is a resident of the state and an active or retired
1681member of the Florida National Guard, a survivor of the attack
1682on Pearl Harbor, a recipient of the Purple Heart medal, or an
1683active or retired member of any branch of the United States
1684Armed Forces Reserve, or a recipient of the Combat Infantry
1685Badge shall, upon application to the department, accompanied by
1686proof of active membership or retired status in the Florida
1687National Guard, proof of membership in the Pearl Harbor
1688Survivors Association or proof of active military duty in Pearl
1689Harbor on December 7, 1941, proof of being a Purple Heart medal
1690recipient, or proof of active or retired membership in any
1691branch of the Armed Forces Reserve, or proof of membership in
1692the Combat Infantrymen's Association, Inc., or other proof of
1693being a recipient of the Combat Infantry Badge, and upon payment
1694of the license tax for the vehicle as provided in s. 320.08, be
1695issued a license plate as provided by s. 320.06, upon which, in
1696lieu of the serial numbers prescribed by s. 320.06, shall be
1697stamped the words "National Guard," "Pearl Harbor Survivor,"
1698"Combat-wounded veteran," or "U.S. Reserve," or "Combat Infantry
1699Badge," as appropriate, followed by the serial number of the
1700license plate. Additionally, the Purple Heart plate may have the
1701words "Purple Heart" stamped on the plate and the likeness of
1702the Purple Heart medal appearing on the plate.
1703     (b)  Notwithstanding any other provision of law to the
1704contrary, beginning with fiscal year 2002-2003 and annually
1705thereafter, the first $100,000 in general revenue generated from
1706the sale of license plates issued under this section shall be
1707deposited into the Grants and Donations Trust Fund, as described
1708in s. 296.38(2), to be used for the purposes established by law
1709for that trust fund. Any additional general revenue generated
1710from the sale of such plates shall be deposited into the State
1711Homes for Veterans Trust Fund and used solely to construct,
1712operate, and maintain domiciliary and nursing homes for
1713veterans, subject to the requirements of chapter 216.
1714     (c)  Notwithstanding any provisions of law to the contrary,
1715an applicant for a Pearl Harbor Survivor license plate or a
1716Purple Heart license plate who also qualifies for a disabled
1717veteran's license plate under s. 320.084 shall be issued the
1718appropriate special license plate without payment of the license
1719tax imposed by s. 320.08.
1720     Section 44.  Subsection (3) of section 320.27, Florida
1721Statutes, is amended to read:
1722     320.27  Motor vehicle dealers.-
1723     (3)  APPLICATION AND FEE.-The application for the license
1724shall be in such form as may be prescribed by the department and
1725shall be subject to such rules with respect thereto as may be so
1726prescribed by it. Such application shall be verified by oath or
1727affirmation and shall contain a full statement of the name and
1728birth date of the person or persons applying therefor; the name
1729of the firm or copartnership, with the names and places of
1730residence of all members thereof, if such applicant is a firm or
1731copartnership; the names and places of residence of the
1732principal officers, if the applicant is a body corporate or
1733other artificial body; the name of the state under whose laws
1734the corporation is organized; the present and former place or
1735places of residence of the applicant; and prior business in
1736which the applicant has been engaged and the location thereof.
1737Such application shall describe the exact location of the place
1738of business and shall state whether the place of business is
1739owned by the applicant and when acquired, or, if leased, a true
1740copy of the lease shall be attached to the application. The
1741applicant shall certify that the location provides an adequately
1742equipped office and is not a residence; that the location
1743affords sufficient unoccupied space upon and within which
1744adequately to store all motor vehicles offered and displayed for
1745sale; and that the location is a suitable place where the
1746applicant can in good faith carry on such business and keep and
1747maintain books, records, and files necessary to conduct such
1748business, which will be available at all reasonable hours to
1749inspection by the department or any of its inspectors or other
1750employees. The applicant shall certify that the business of a
1751motor vehicle dealer is the principal business which shall be
1752conducted at that location. Such application shall contain a
1753statement that the applicant is either franchised by a
1754manufacturer of motor vehicles, in which case the name of each
1755motor vehicle that the applicant is franchised to sell shall be
1756included, or an independent (nonfranchised) motor vehicle
1757dealer. Such application shall contain such other relevant
1758information as may be required by the department, including
1759evidence that the applicant is insured under a garage liability
1760insurance policy or a general liability insurance policy coupled
1761with a business automobile policy, which shall include, at a
1762minimum, $25,000 combined single-limit liability coverage
1763including bodily injury and property damage protection and
1764$10,000 personal injury protection. A salvage motor vehicle
1765dealer as defined in subparagraph (1)(c)5. is exempt from the
1766requirements for garage liability insurance and personal injury
1767protection insurance on those vehicles that cannot be legally
1768operated on Florida roads, highways, or streets. Franchise
1769dealers must submit a garage liability insurance policy, and all
1770other dealers must submit a garage liability insurance policy or
1771a general liability insurance policy coupled with a business
1772automobile policy. Such policy shall be for the license period,
1773and evidence of a new or continued policy shall be delivered to
1774the department at the beginning of each license period. Upon
1775making initial application, the applicant shall pay to the
1776department a fee of $300 in addition to any other fees now
1777required by law; upon making a subsequent renewal application,
1778the applicant shall pay to the department a fee of $75 in
1779addition to any other fees now required by law. Upon making an
1780application for a change of location, the person shall pay a fee
1781of $50 in addition to any other fees now required by law. The
1782department shall, in the case of every application for initial
1783licensure, verify whether certain facts set forth in the
1784application are true. Each applicant, general partner in the
1785case of a partnership, or corporate officer and director in the
1786case of a corporate applicant, must file a set of fingerprints
1787with the department for the purpose of determining any prior
1788criminal record or any outstanding warrants. The department
1789shall submit the fingerprints to the Department of Law
1790Enforcement for state processing and forwarding to the Federal
1791Bureau of Investigation for federal processing. The actual cost
1792of state and federal processing shall be borne by the applicant
1793and is in addition to the fee for licensure. The department may
1794issue a license to an applicant pending the results of the
1795fingerprint investigation, which license is fully revocable if
1796the department subsequently determines that any facts set forth
1797in the application are not true or correctly represented.
1798     Section 45.  Paragraphs (a) and (b) of subsection (2) of
1799section 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
1803executive director of the Department of Highway Safety and Motor
1804Vehicles shall appoint the members from names submitted by the
1805entities for the designated categories the member will
1806represent. The executive director shall appoint one
1807representative of the Department of Highway Safety and Motor
1808Vehicles, who must represent the Division of Motor Vehicles; two
1809representatives of the independent motor vehicle industry as
1810recommended by the Florida Independent Automobile Dealers
1811Association; two representatives of the franchise motor vehicle
1812industry as recommended by the Florida Automobile Dealers
1813Association; one representative of the auction motor vehicle
1814industry who is from an auction chain and is recommended by a
1815group affiliated with the National Auto Auction Association; one
1816representative of the auction motor vehicle industry who is from
1817an independent auction and is recommended by a group affiliated
1818with the National Auto Auction Association; one representative
1819from the Department of Revenue; a Florida tax collector
1820representative recommended by the Florida Tax Collectors
1821Association; one representative from the Better Business Bureau;
1822one representative from the Department of Agriculture and
1823Consumer Services, who must represent the Division of Consumer
1824Services; and one representative of the insurance industry who
1825writes motor vehicle dealer surety bonds.
1826     (b)1.  The executive director shall appoint the following
1827initial members to 1-year terms: one representative from the
1828motor vehicle auction industry who represents an auction chain,
1829one representative from the independent motor vehicle industry,
1830one representative from the franchise motor vehicle industry,
1831one representative from the Department of Revenue, one Florida
1832tax collector, and one representative from the Better Business
1833Bureau.
1834     2.  The executive director shall appoint the following
1835initial members to 2-year terms: one representative from the
1836motor vehicle auction industry who represents an independent
1837auction, one representative from the independent motor vehicle
1838industry, one representative from the franchise motor vehicle
1839industry, one representative from the Division of Consumer
1840Services, one representative from the insurance industry, and
1841one representative from the department Division of Motor
1842Vehicles.
1843     3.  As the initial terms expire, the executive director
1844shall appoint successors from the same designated category for
1845terms of 2 years. If renominated, a member may succeed himself
1846or herself.
1847     4.  The board shall appoint a chair and vice chair at its
1848initial meeting and every 2 years thereafter.
1849     Section 46.  Subsection (1) of section 320.771, Florida
1850Statutes, 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
1854buying, selling, or dealing in recreational vehicles or offering
1855or displaying recreational vehicles for sale. The term "dealer"
1856includes a recreational vehicle broker. Any person who buys,
1857sells, deals in, or offers or displays for sale, or who acts as
1858the agent for the sale of, one or more recreational vehicles in
1859any 12-month period shall be prima facie presumed to be a
1860dealer. The terms "selling" and "sale" include lease-purchase
1861transactions. The term "dealer" does not include banks, credit
1862unions, and finance companies that acquire recreational vehicles
1863as an incident to their regular business and does not include
1864mobile home rental and leasing companies that sell recreational
1865vehicles to dealers licensed under this section. A licensed
1866dealer may transact business in recreational vehicles with a
1867motor vehicle auction as defined in s. 320.27(1)(c)4. Further, a
1868licensed dealer may, at retail or wholesale, sell a motor
1869vehicle, as described in s. 320.01(1)(a), acquired in exchange
1870for the sale of a recreational vehicle, if such acquisition is
1871incidental to the principal business of being a recreational
1872vehicle dealer. However, a recreational vehicle dealer may not
1873buy a motor vehicle for the purpose of resale unless licensed as
1874a motor vehicle dealer pursuant to s. 320.27.
1875     (b)  "Recreational vehicle broker" means any person who is
1876engaged in the business of offering to procure or procuring used
1877recreational vehicles for the general public; who holds himself
1878or herself out through solicitation, advertisement, or otherwise
1879as one who offers to procure or procures used recreational
1880vehicles for the general public; or who acts as the agent or
1881intermediary on behalf of the owner or seller of a used
1882recreational vehicle which is for sale or who assists or
1883represents the seller in finding a buyer for the recreational
1884vehicle.
1885     (c)  For the purposes of this section, the term
1886"recreational vehicle" does not include any camping trailer, as
1887defined in s. 320.01(1)(b)2.
1888     (d)  A dealer may apply for a certificate of title to a
1889recreational vehicle required to be registered under s.
1890320.08(9) using a manufacturer's statement of origin as
1891permitted by s. 319.23(1) only if such dealer is authorized by a
1892manufacturer/dealer agreement as defined in s. 320.3202(8) on
1893file with the department to buy, sell, or deal in that
1894particular line-make of recreational vehicle and is authorized
1895by such agreement to perform delivery and preparation
1896obligations and warranty defect adjustments on that line-make.
1897     Section 47.  Section 320.95, Florida Statutes, is amended
1898to read:
1899     320.95  Transactions by electronic or telephonic means.-
1900     (1)  The department may is authorized to accept any
1901application provided for under this chapter by electronic or
1902telephonic means.
1903     (2)  The department may collect and use electronic mail
1904addresses for the purpose of providing renewal notices in lieu
1905of the United States Postal Service.
1906     Section 48.  Section 321.02, Florida Statutes, is amended
1907to read:
1908     321.02  Powers and duties of department, highway patrol.-
1909The director of the Division of Highway Patrol of the Department
1910of Highway Safety and Motor Vehicles shall be designated the
1911Colonel also be the commander of the Florida Highway Patrol. The
1912said department shall set up and promulgate rules and
1913regulations by which the personnel of the Florida Highway Patrol
1914officers shall be examined, employed, trained, located,
1915suspended, reduced in rank, discharged, recruited, paid and
1916pensioned, subject to civil service provisions hereafter set
1917out. The department may enter into contracts or agreements, with
1918or without competitive bidding or procurement, to make
1919available, on a fair, reasonable, nonexclusive, and
1920nondiscriminatory basis, property and other structures under
1921division control for the placement of new facilities by any
1922wireless provider of mobile service as defined in 47 U.S.C. s.
1923153(27) or s. 332(d), and any telecommunications company as
1924defined in s. 364.02 when it is determined to be practical and
1925feasible to make such property or other structures available.
1926The department may, without adopting a rule, charge a just,
1927reasonable, and nondiscriminatory fee for placement of the
1928facilities, payable annually, based on the fair market value of
1929space used by comparable communications facilities in the state.
1930The department and a wireless provider or telecommunications
1931company may negotiate the reduction or elimination of a fee in
1932consideration of services provided to the division by the
1933wireless provider or the telecommunications company. All such
1934fees collected by the department shall be deposited directly
1935into the State Agency Law Enforcement Radio System Trust Fund,
1936and may be used to construct, maintain, or support the system.
1937The department is further specifically authorized to purchase,
1938sell, trade, rent, lease and maintain all necessary equipment,
1939uniforms, motor vehicles, communication systems, housing
1940facilities, office space, and perform any other acts necessary
1941for the proper administration and enforcement of this chapter.
1942However, all supplies and equipment consisting of single items
1943or in lots shall be purchased under the requirements of s.
1944287.057. Purchases shall be made by accepting the bid of the
1945lowest responsive bidder, the right being reserved to reject all
1946bids. The department shall prescribe a distinctive uniform and
1947distinctive emblem to be worn by all officers of the Florida
1948Highway Patrol. It shall be unlawful for any other person or
1949persons to wear a similar uniform or emblem, or any part or
1950parts thereof. The department shall also prescribe distinctive
1951colors for use on motor vehicles and motorcycles operated by the
1952Florida Highway Patrol. The prescribed colors shall be referred
1953to as "Florida Highway Patrol black and tan."
1954     Section 49.  Subsection (3) of section 322.02, Florida
1955Statutes, is amended to read:
1956     322.02  Legislative intent; administration.-
1957     (3)  The department shall employ a director, who is charged
1958with the duty of serving as the executive officer of the
1959Division of Motorist Services within Driver Licenses of the
1960department insofar as the administration of this chapter is
1961concerned. He or she shall be subject to the supervision and
1962direction of the department, and his or her official actions and
1963decisions as executive officer shall be conclusive unless the
1964same are superseded or reversed by the department or by a court
1965of competent jurisdiction.
1966     Section 50.  Subsection (1) of section 322.04, Florida
1967Statutes, is amended to read:
1968     322.04  Persons exempt from obtaining driver's license.-
1969     (1)  The following persons are exempt from obtaining a
1970driver's license:
1971     (a)  Any employee of the United States Government, while
1972operating a noncommercial motor vehicle owned by or leased to
1973the United States Government and being operated on official
1974business.
1975     (b)  Any person while driving or operating any road
1976machine, farm tractor, or implement of husbandry temporarily
1977operated or moved on a highway.
1978     (c)  A nonresident who is at least 16 years of age and who
1979has in his or her immediate possession a valid noncommercial
1980driver's license issued to the nonresident in his or her home
1981state or country, may operate a motor vehicle of the type for
1982which a Class E driver's license is required in this state if he
1983or she has in their immediate possession:
1984     1.  A valid noncommercial driver's license issued in his or
1985her name from another state or territory of the United States;
1986or
1987     2.  An International Driving Permit issued in his or her
1988name in their country of residence and a valid license issued in
1989that country.
1990     (d)  A nonresident who is at least 18 years of age and who
1991has in his or her immediate possession a valid noncommercial
1992driver's license issued to the nonresident in his or her home
1993state or country may operate a motor vehicle, other than a
1994commercial motor vehicle, in this state.
1995     (d)(e)  Any person operating a golf cart, as defined in s.
1996320.01, which is operated in accordance with the provisions of
1997s. 316.212.
1998     Section 51.  Paragraph (a) of subsection (1) of section
1999322.051, Florida Statutes, is amended, and subsection (9) is
2000added to that section, to read:
2001     322.051  Identification cards.-
2002     (1)  Any person who is 5 years of age or older, or any
2003person who has a disability, regardless of age, who applies for
2004a disabled parking permit under s. 320.0848, may be issued an
2005identification card by the department upon completion of an
2006application and payment of an application fee.
2007     (a)  Each such application shall include the following
2008information regarding the applicant:
2009     1.  Full name (first, middle or maiden, and last), gender,
2010proof of social security card number satisfactory to the
2011department, county of residence, mailing address, proof of
2012residential address satisfactory to the department, country of
2013birth, and a brief description.
2014     2.  Proof of birth date satisfactory to the department.
2015     3.  Proof of identity satisfactory to the department. Such
2016proof must include one of the following documents issued to the
2017applicant:
2018     a.  A driver's license record or identification card record
2019from another jurisdiction that required the applicant to submit
2020a document for identification which is substantially similar to
2021a document required under sub-subparagraph b., sub-subparagraph
2022c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
2023f., 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
2027States 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
2031United States Department of State;
2032     g.  An unexpired employment authorization card issued by
2033the United States Department of Homeland Security; or
2034     h.  Proof of nonimmigrant classification provided by the
2035United States Department of Homeland Security, for an original
2036identification card. In order to prove such nonimmigrant
2037classification, applicants must provide at least one of may
2038produce but are not limited to the following documents, and, in
2039addition, the department may require applicants to produce
2040United States Department of Homeland Security documents for the
2041sole purpose of establishing the maintenance of or efforts to
2042maintain continuous lawful presence:
2043     (I)  A notice of hearing from an immigration court
2044scheduling a hearing on any proceeding.
2045     (II)  A notice from the Board of Immigration Appeals
2046acknowledging pendency of an appeal.
2047     (III)  Notice of the approval of an application for
2048adjustment of status issued by the United States Bureau of
2049Citizenship and Immigration Services.
2050     (IV)  Any official documentation confirming the filing of a
2051petition for asylum or refugee status or any other relief issued
2052by the United States Bureau of Citizenship and Immigration
2053Services.
2054     (V)  Notice of action transferring any pending matter from
2055another jurisdiction to Florida, issued by the United States
2056Bureau of Citizenship and Immigration Services.
2057     (VI)  Order of an immigration judge or immigration officer
2058granting any relief that authorizes the alien to live and work
2059in the United States including, but not limited to asylum.
2060     (VII)  Evidence that an application is pending for
2061adjustment of status to that of an alien lawfully admitted for
2062permanent residence in the United States or conditional
2063permanent resident status in the United States, if a visa number
2064is available having a current priority date for processing by
2065the United States Bureau of Citizenship and Immigration
2066Services.
2067     (VIII)  On or after January 1, 2010, an unexpired foreign
2068passport with an unexpired United States Visa affixed,
2069accompanied by an approved I-94, documenting the most recent
2070admittance into the United States.
2071
2072An identification card issued based on documents required
2073Presentation of any of the documents described in sub-
2074subparagraph g. or sub-subparagraph h. is valid entitles the
2075applicant to an identification card for a period not to exceed
2076the expiration date of the document presented or 1 year,
2077whichever first occurs.
2078     (9)  Notwithstanding any other provision of this section or
2079s. 322.21 to the contrary, the department shall issue or renew a
2080card at no charge to a person who presents good cause for a fee
2081waiver.
2082     Section 52.  Subsection (4) of section 322.058, Florida
2083Statutes, is amended to read:
2084     322.058  Suspension of driving privileges due to support
2085delinquency; reinstatement.-
2086     (4)  This section applies only to the annual renewal in the
2087owner's birth month of a motor vehicle registration and does not
2088apply to the transfer of a registration of a motor vehicle sold
2089by a motor vehicle dealer licensed under chapter 320, except for
2090the transfer of registrations which is inclusive of the annual
2091renewals. This section does not affect the issuance of the title
2092to a motor vehicle, notwithstanding s. 319.23(8)(7)(b).
2093     Section 53.  Section 322.065, Florida Statutes, is amended
2094to read:
2095     322.065  Driver's license expired for 6 4 months or less;
2096penalties.-Any person whose driver's license has been expired
2097for 6 4 months or less and who drives a motor vehicle upon the
2098highways of this state commits is guilty of an infraction and is
2099subject to the penalty provided in s. 318.18.
2100     Section 54.  Subsection (3) of section 322.07, Florida
2101Statutes, is amended to read:
2102     322.07  Instruction permits and temporary licenses.-
2103     (3)  Any person who, except for his or her lack of
2104instruction in operating a commercial motor vehicle, would
2105otherwise be qualified to obtain a commercial driver's license
2106under this chapter, may apply for a temporary commercial
2107instruction permit. The department shall issue such a permit
2108entitling the applicant, while having the permit in his or her
2109immediate possession, to drive a commercial motor vehicle on the
2110highways, provided that:
2111     (a)  The applicant possesses a valid Florida driver's
2112license issued in any state; and
2113     (b)  The applicant, while operating a commercial motor
2114vehicle, is accompanied by a licensed driver who is 21 years of
2115age or older, who is licensed to operate the class of vehicle
2116being operated, and who is actually occupying the closest seat
2117to the right of the driver.
2118     Section 55.  Subsections (2) and (7) of section 322.08,
2119Florida Statutes, are amended, and subsection (8) is added to
2120that section, to read:
2121     322.08  Application for license; requirements for license
2122and identification card forms.-
2123     (2)  Each such application shall include the following
2124information regarding the applicant:
2125     (a)  Full name (first, middle or maiden, and last), gender,
2126proof of social security card number satisfactory to the
2127department, county of residence, mailing address, proof of
2128residential address satisfactory to the department, country of
2129birth, and a brief description.
2130     (b)  Proof of birth date satisfactory to the department.
2131     (c)  Proof of identity satisfactory to the department. Such
2132proof must include one of the following documents issued to the
2133applicant:
2134     1.  A driver's license record or identification card record
2135from another jurisdiction that required the applicant to submit
2136a document for identification which is substantially similar to
2137a document required under subparagraph 2., subparagraph 3.,
2138subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
21397., 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
2143States 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
2147United States Department of State;
2148     7.  An unexpired employment authorization card issued by
2149the United States Department of Homeland Security; or
2150     8.  Proof of nonimmigrant classification provided by the
2151United States Department of Homeland Security, for an original
2152driver's license. In order to prove nonimmigrant classification,
2153an applicant must provide at least one of the following
2154documents, and, in addition, the department may require
2155applicants to produce United States Department of Homeland
2156Security documents for the sole purpose of establishing the
2157maintenance of or efforts to maintain continuous lawful presence
2158may produce the following documents, including, but not limited
2159to:
2160     a.  A notice of hearing from an immigration court
2161scheduling a hearing on any proceeding.
2162     b.  A notice from the Board of Immigration Appeals
2163acknowledging pendency of an appeal.
2164     c.  A notice of the approval of an application for
2165adjustment of status issued by the United States Bureau of
2166Citizenship and Immigration Services.
2167     d.  Any official documentation confirming the filing of a
2168petition for asylum or refugee status or any other relief issued
2169by the United States Bureau of Citizenship and Immigration
2170Services.
2171     e.  A notice of action transferring any pending matter from
2172another jurisdiction to this state issued by the United States
2173Bureau of Citizenship and Immigration Services.
2174     f.  An order of an immigration judge or immigration officer
2175granting any relief that authorizes the alien to live and work
2176in the United States, including, but not limited to, asylum.
2177     g.  Evidence that an application is pending for adjustment
2178of status to that of an alien lawfully admitted for permanent
2179residence in the United States or conditional permanent resident
2180status in the United States, if a visa number is available
2181having a current priority date for processing by the United
2182States Bureau of Citizenship and Immigration Services.
2183     h.  On or after January 1, 2010, an unexpired foreign
2184passport with an unexpired United States Visa affixed,
2185accompanied by an approved I-94, documenting the most recent
2186admittance into the United States.
2187
2188A driver's license or temporary permit issued based on documents
2189required Presentation of any of the documents in subparagraph 7.
2190or subparagraph 8. is valid entitles the applicant to a driver's
2191license or temporary permit for a period not to exceed the
2192expiration date of the document presented or 1 year, whichever
2193occurs first.
2194     (d)  Whether the applicant has previously been licensed to
2195drive, and, if so, when and by what state, and whether any such
2196license or driving privilege has ever been disqualified,
2197revoked, or suspended, or whether an application has ever been
2198refused, and, if so, the date of and reason for such
2199disqualification, suspension, revocation, or refusal.
2200     (e)  Each such application may include fingerprints and
2201other unique biometric means of identity.
2202     (7)  The application form for an original, renewal, or
2203replacement driver's license or identification card shall
2204include language permitting the following:
2205     (a)  A voluntary contribution of $1 per applicant, which
2206contribution shall be deposited into the Health Care Trust Fund
2207for organ and tissue donor education and for maintaining the
2208organ and tissue donor registry.
2209     (b)  A voluntary contribution of $1 per applicant, which
2210contribution shall be distributed to the Florida Council of the
2211Blind.
2212     (c)  A voluntary contribution of $2 per applicant, which
2213shall be distributed to the Hearing Research Institute,
2214Incorporated.
2215     (d)  A voluntary contribution of $1 per applicant, which
2216shall be distributed to the Juvenile Diabetes Foundation
2217International.
2218     (e)  A voluntary contribution of $1 per applicant, which
2219shall be distributed to the Children's Hearing Help Fund.
2220     (f)  A voluntary contribution of $1 per applicant, which
2221shall be distributed to Family First, a nonprofit organization.
2222     (g)  A voluntary contribution of $1 per applicant to Stop
2223Heart Disease, which shall be distributed to the Florida Heart
2224Research Institute, a nonprofit organization.
2225     (h)  A voluntary contribution of $1 per applicant to Senior
2226Vision Services, which shall be distributed to the Florida
2227Association of Agencies Serving the Blind, Inc., a not-for-
2228profit organization.
2229     (i)  A voluntary contribution of $1 per applicant for
2230services for persons with developmental disabilities, which
2231shall be distributed to The Arc of Florida.
2232     (j)  A voluntary contribution of $1 to the Ronald McDonald
2233House, which shall be distributed each month to Ronald McDonald
2234House Charities of Tampa Bay, Inc.
2235     (k)  Notwithstanding s. 322.081, a voluntary contribution
2236of $1 per applicant, which shall be distributed to the League
2237Against Cancer/La Liga Contra el Cancer, a not-for-profit
2238organization.
2239     (l)  A voluntary contribution of $1 per applicant to
2240Prevent Child Sexual Abuse, which shall be distributed to
2241Lauren's Kids, Inc., a nonprofit organization.
2242     (m)  A voluntary contribution of $1 per applicant, which
2243shall be distributed to Prevent Blindness Florida, a not-for-
2244profit organization, to prevent blindness and preserve the sight
2245of the residents of this state.
2246     (n)  Notwithstanding s. 322.081, a voluntary contribution
2247of $1 per applicant to the state homes for veterans, to be
2248distributed on a quarterly basis by the department to the State
2249Homes for Veterans Trust Fund, which is administered by the
2250Department of Veterans' Affairs.
2251     (o)  A voluntary contribution of $1 per applicant for
2252Autism Services and Supports. Such contributions must be
2253transferred by the department each month to the Achievement and
2254Rehabilitation Centers, Inc., Autism Services Fund.
2255     (p)  A voluntary contribution of $1 per applicant to
2256Support Our Troops, which shall be distributed monthly to
2257Support Our Troops, Inc., a Florida not-for-profit organization.
2258
2259A statement providing an explanation of the purpose of the trust
2260funds shall also be included. For the purpose of applying the
2261service charge provided in s. 215.20, contributions received
2262under paragraphs (b)-(p) (b)-(n) are not income of a revenue
2263nature.
2264     (8)  The department may collect and use electronic mail
2265addresses for the purpose of providing renewal notices in lieu
2266of the United State Postal Service.
2267     Section 56.  Subsection (9) is added to section 322.081,
2268Florida Statutes, to read:
2269     322.081  Requests to establish voluntary checkoff on
2270driver's license application.-
2271     (9)  The department may annually retain from the first
2272proceeds derived from the voluntary contributions collected an
2273amount sufficient to defray for each voluntary contribution the
2274pro rata share of the department's costs directly related to the
2275voluntary contributions program. Such costs include renewal
2276notices, postage, distribution costs, direct costs to the
2277department, and costs associated with reviewing each
2278organization's compliance with the audit and attestation
2279requirements of this section. The revenues retained by the
2280department may not be less than 0.5 percent and may not exceed
22811.5 percent. The balance of the proceeds from the voluntary
2282contributions collected shall be distributed as provided by law.
2283     Section 57.  Subsection (1) of section 322.095, Florida
2284Statutes, is amended to read:
2285     322.095  Traffic law and substance abuse education program
2286for driver's license applicants.-
2287     (1)  The Department of Highway Safety and Motor Vehicles
2288must approve traffic law and substance abuse education courses
2289that must be completed by applicants for a Florida driver's
2290license. The curricula for the courses must provide instruction
2291on the physiological and psychological consequences of the abuse
2292of alcohol and other drugs, the societal and economic costs of
2293alcohol and drug abuse, the effects of alcohol and drug abuse on
2294the driver of a motor vehicle, the dangers of driving while
2295distracted, which must specifically include the use of
2296technology while driving, and the laws of this state relating to
2297the operation of a motor vehicle. All instructors teaching the
2298courses shall be certified by the department.
2299     Section 58.  Subsection (5) of section 322.12, Florida
2300Statutes, is amended to read:
2301     322.12  Examination of applicants.-
2302     (5)(a)  The department shall formulate a separate
2303examination for applicants for licenses to operate motorcycles.
2304Any applicant for a driver's license who wishes to operate a
2305motorcycle, and who is otherwise qualified, must successfully
2306complete such an examination, which is in addition to the
2307examination administered under subsection (3). The examination
2308must test the applicant's knowledge of the operation of a
2309motorcycle and of any traffic laws specifically relating thereto
2310and must include an actual demonstration of his or her ability
2311to exercise ordinary and reasonable control in the operation of
2312a motorcycle. Any applicant who fails to pass the initial
2313knowledge examination will incur a $5 fee for each subsequent
2314examination, to be deposited into the Highway Safety Operating
2315Trust Fund. Any applicant who fails to pass the initial skills
2316examination will incur a $10 fee for each subsequent
2317examination, to be deposited into the Highway Safety Operating
2318Trust Fund. In the formulation of the examination, the
2319department shall consider the use of the Motorcycle Operator
2320Skills Test and the Motorcycle in Traffic Test offered by the
2321Motorcycle Safety Foundation. The department shall indicate on
2322the license of any person who successfully completes the
2323examination that the licensee is authorized to operate a
2324motorcycle. If the applicant wishes to be licensed to operate a
2325motorcycle only, he or she need not take the skill or road test
2326required under subsection (3) for the operation of a motor
2327vehicle, and the department shall indicate such a limitation on
2328his or her license as a restriction. Every first-time applicant
2329for licensure to operate a motorcycle must provide proof of
2330completion of a motorcycle safety course, as provided for in s.
2331322.0255, which shall include a final examination before the
2332applicant may be licensed to operate a motorcycle. The
2333department shall indicate on the license of any person who
2334successfully completes the course that the licensee is
2335authorized to operate a motorcycle. If the applicant wishes to
2336be licensed to operate a motorcycle only, he or she need not
2337take the skills or road test required under subsection (3) for
2338the operation of a motor vehicle, and the department shall
2339indicate such a limitation on his or her license as a
2340restriction.
2341     (b)  The department may exempt any applicant from the
2342examination provided in this subsection if the applicant
2343presents a certificate showing successful completion of a course
2344approved by the department, which course includes a similar
2345examination of the knowledge and skill of the applicant in the
2346operation of a motorcycle.
2347     Section 59.  Subsection (5) of section 322.121, Florida
2348Statutes, is amended to read:
2349     322.121  Periodic reexamination of all drivers.-
2350     (5)  Members of the Armed Forces, or their dependents
2351residing with them, shall be granted an automatic extension for
2352the expiration of their Class E licenses without reexamination
2353while serving on active duty outside this state. This extension
2354is valid for 90 days after the member of the Armed Forces is
2355either discharged or returns to this state to live.
2356     Section 60.  Paragraph (a) of subsection (1) of section
2357322.14, Florida Statutes, is amended to read:
2358     322.14  Licenses issued to drivers.-
2359     (1)(a)  The department shall, upon successful completion of
2360all required examinations and payment of the required fee, issue
2361to every applicant qualifying therefor, a driver's license as
2362applied for, which license shall bear thereon a color photograph
2363or digital image of the licensee; the name of the state; a
2364distinguishing number assigned to the licensee; and the
2365licensee's full name, date of birth, and residence address; a
2366brief description of the licensee, including, but not limited
2367to, the licensee's gender and height; and the dates of issuance
2368and expiration of the license. A space shall be provided upon
2369which the licensee shall affix his or her usual signature. No
2370license shall be valid until it has been so signed by the
2371licensee except that the signature of said licensee shall not be
2372required if it appears thereon in facsimile or if the licensee
2373is not present within the state at the time of issuance.
2374Applicants qualifying to receive a Class A, Class B, or Class C
2375driver's license must appear in person within the state for
2376issuance of a color photographic or digital imaged driver's
2377license pursuant to s. 322.142.
2378     Section 61.  Section 322.1415, Florida Statutes, is created
2379to read:
2380     322.1415  Specialty driver's license and identification
2381card program.-
2382     (1)  The department may issue to any applicant qualified
2383pursuant to s. 322.14 a specialty driver's license or
2384identification card upon payment of the appropriate fee pursuant
2385to s. 322.21.
2386     (2)  Department-approved specialty driver's licenses and
2387identification cards shall, at a minimum, be available for state
2388and independent universities domiciled in this state, all
2389Florida professional sports teams designated in s.
2390320.08058(9)(a), and all branches of the United States military.
2391     (3)  The design and use of each specialty driver's license
2392and identification card must be approved by the department and
2393the organization that is recognized by the driver's license or
2394card.
2395     (4)  Organizations receiving funds from this program shall
2396attest as provided in 320.08062 that the funds have been
2397expended in the same manner as provided in s. 320.08058. On
2398December 1 of each year, the department shall deliver an annual
2399report to the President of the Senate and the Speaker of the
2400House of Representatives addressing the viability of the program
2401and 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
2404Statutes, is amended to read:
2405     322.19  Change of address or name.-
2406     (2)  Whenever any person, after applying for or receiving a
2407driver's license, changes the legal residence or mailing address
2408in the application or license, the person must, within 10
2409calendar days, obtain a replacement license that reflects the
2410change. A written request to the department must include the old
2411and new addresses and the driver's license number. Persons with
2412a valid, current student identification card issued by an
2413educational institution in this state are presumed not to have
2414changed their legal residence or mailing address. Nothing in
2415this provision shall affect any person required to register a
2416permanent or temporary address change pursuant to s. 775.13, s.
2417775.21, s. 775.25, or s. 943.0435.
2418     Section 63.  Subsections (9), (10), (13), (14), and (16) of
2419section 322.20, Florida Statutes, are amended to read:
2420     322.20  Records of the department; fees; destruction of
2421records.-
2422     (9)  The department may, upon application, furnish to any
2423person, from its the records of the Division of Driver Licenses,
2424a list of the names, addresses, and birth dates of the licensed
2425drivers of the entire state or any portion thereof by age group.
2426In addition, the department may furnish to the courts, for the
2427purpose of establishing jury selection lists, the names,
2428addresses, and birth dates of the persons of the entire state or
2429any portion thereof by age group having identification cards
2430issued by the department. Each person who requests such
2431information shall pay a fee, set by the department, of 1 cent
2432per name listed, except that the department shall furnish such
2433information without charge to the courts for the purpose of jury
2434selection or to any state agency or to any state attorney,
2435sheriff, or chief of police. Such court, state agency, state
2436attorney, or law enforcement agency may not sell, give away, or
2437allow the copying of such information. Noncompliance with this
2438prohibition shall authorize the department to charge the
2439noncomplying court, state agency, state attorney, or law
2440enforcement agency the appropriate fee for any subsequent lists
2441requested. The department may adopt rules necessary to implement
2442this subsection.
2443     (10)  The department Division of Driver Licenses is
2444authorized, upon application of any person and payment of the
2445proper fees, to search and to assist such person in the search
2446of the records of the department and make reports thereof and to
2447make photographic copies of the departmental records and
2448attestations thereof.
2449     (13)  The department Division of Driver Licenses shall
2450implement a system that allows either parent of a minor, or a
2451guardian, or other responsible adult who signed a minor's
2452application for a driver's license to have Internet access
2453through a secure website to inspect the minor's driver history
2454record. Internet access to driver history records granted to a
2455minor's parents, guardian, or other responsible adult shall be
2456furnished by the department at no fee and shall terminate when
2457the minor attains 18 years of age.
2458     (14)  The department is authorized in accordance with
2459chapter 257 to destroy reports, records, documents, papers, and
2460correspondence in the department Division of Driver Licenses
2461which are considered obsolete.
2462     (16)  The creation and maintenance of records by the
2463Division of Motorist Services within the department and the
2464Division of Driver Licenses pursuant to this chapter shall not
2465be regarded as law enforcement functions of agency
2466recordkeeping.
2467     Section 64.  Section 322.202, Florida Statutes, is amended
2468to read:
2469     322.202  Admission of evidence obtained from the Division
2470of Motorist Services Driver Licenses and the Division of Motor
2471Vehicles.-
2472     (1)  The Legislature finds that the Division of Motorist
2473Services Driver Licenses and the Division of Motor Vehicles of
2474the Department of Highway Safety and Motor Vehicles is are not a
2475law enforcement agency agencies. The Legislature also finds that
2476the division is divisions are not an adjunct adjuncts of any law
2477enforcement agency in that employees have no stake in particular
2478prosecutions. The Legislature further finds that errors in
2479records maintained by the Division of Motorist Services
2480divisions are not within the collective knowledge of any law
2481enforcement agency. The Legislature also finds that the mission
2482missions of the Division of Motorist Services Driver Licenses,
2483the Division of Motor Vehicles, and the Department of Highway
2484Safety and Motor Vehicles provides provide a sufficient
2485incentive to maintain records in a current and correct fashion.
2486     (2)  The Legislature finds that the purpose of the
2487exclusionary rule is to deter misconduct on the part of law
2488enforcement officers and law enforcement agencies.
2489     (3)  The Legislature finds that the application of the
2490exclusionary rule to cases where a law enforcement officer
2491effects an arrest based on objectively reasonable reliance on
2492information obtained from the division divisions is repugnant to
2493the purposes of the exclusionary rule and contrary to the
2494decisions of the United States Supreme Court in Arizona v.
2495Evans, 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
2498arrest based on objectively reasonable reliance on information
2499obtained from the division divisions, evidence found pursuant to
2500such an arrest shall not be suppressed by application of the
2501exclusionary rule on the grounds that the arrest is subsequently
2502determined to be unlawful due to erroneous information obtained
2503from the divisions.
2504     Section 65.  Paragraph (i) is added to subsection (1) of
2505section 322.21, Florida Statutes, and subsections (2) and (4) of
2506that section are amended, to read:
2507     322.21  License fees; procedure for handling and collecting
2508fees.-
2509     (1)  Except as otherwise provided herein, the fee for:
2510     (i)  The specialty license or identification card issued
2511pursuant to s. 322.1415 is $25, which is in addition to other
2512fees required in this section. The specialty fee shall be
2513distributed as follows:
2514     1.  Fifty percent shall be distributed as provided in
2515section 320.08058 to the appropriate state or independent
2516university, the professional sports team, or branches of the
2517military.
2518     2.  Fifty percent shall be distributed to the department  
2519for department costs directly related to the specialty driver's
2520license and identification card program and to defray costs of
2521production enhancements and distribution.
2522     (2)  It is the duty of the director of the Division of
2523Motorist Services to provide Driver Licenses to set up a
2524division in the department with the necessary personnel to
2525perform the necessary clerical and routine work for the
2526department in issuing and recording applications, licenses, and
2527certificates of eligibility, including the receiving and
2528accounting of all license funds and their payment into the State
2529Treasury, and other incidental clerical work connected with the
2530administration of this chapter. The department may use such
2531electronic, mechanical, or other devices as necessary to
2532accomplish the purposes of this chapter.
2533     (4)  If the department determines from its records or is
2534otherwise satisfied that the holder of a license about to expire
2535is entitled to have it renewed, the department shall mail a
2536renewal notice to the licensee at his or her last known address,
2537at least within 30 days before the licensee's birthday. The
2538licensee may shall be issued a renewal license, after
2539reexamination, if required, during the 30 days immediately
2540preceding his or her birthday upon presenting a renewal notice,
2541his or her current license, and the fee for renewal to the
2542department at any driver's license examining office. A driver
2543may renew his or her driver's license up to 18 months prior to
2544the license expiration date.
2545     Section 66.  Subsection (1) of section 322.22, Florida
2546Statutes, is amended to read:
2547     322.22  Authority of department to cancel license.-
2548     (1)  The department is authorized to cancel any driver's
2549license, upon determining that the licensee is was not entitled
2550to the license issuance thereof, or that the licensee failed to
2551give the required or correct information in his or her
2552application or committed any fraud in making such application,
2553or that the licensee has two or more licenses on file with the
2554department, each in a different name but bearing the photograph
2555of the licensee, unless the licensee has complied with the
2556requirements of this chapter in obtaining the licenses. The
2557department may cancel any driver's license, identification card,
2558vehicle or vessel registration, or fuel-use decal if the
2559licensee fails to pay the correct fee or pays for the driver's
2560license, identification card, vehicle or vessel registration, or
2561fuel-use decal; pays any tax liability, penalty, or interest
2562specified in chapter 207; or pays any administrative,
2563delinquency, or reinstatement fee by a dishonored check.
2564     Section 67.  Subsection (6) of section 322.2615, Florida
2565Statutes, is amended to read:
2566     322.2615  Suspension of license; right to review.-
2567     (6)(a)  If the person whose license was suspended requests
2568a formal review, the department must schedule a hearing to be
2569held within 30 days after such request is received by the
2570department and must notify the person of the date, time, and
2571place of the hearing.
2572     (b)  Such formal review hearing shall be held before a
2573hearing officer employed by the department, and the hearing
2574officer shall be authorized to administer oaths, examine
2575witnesses and take testimony, receive relevant evidence, issue
2576subpoenas for the officers and witnesses identified in documents
2577in subsection (2), regulate the course and conduct of the
2578hearing, question witnesses, and make a ruling on the
2579suspension. The party requesting the presence of a witness shall
2580be responsible for the payment of any witness fees and for
2581notifying in writing the state attorney's office in the
2582appropriate circuit of the issuance of the subpoena. If the
2583person who requests a formal review hearing fails to appear and
2584the hearing officer finds such failure to be without just cause,
2585the right to a formal hearing is waived and the suspension shall
2586be sustained.
2587     (c)  A party may seek enforcement of a subpoena under
2588paragraph (b) by:
2589     1.  Filing a motion for enforcement of a subpoena in the
2590related criminal case, if any; or
2591     2.  Filing a petition for enforcement in the circuit court
2592of the judicial circuit in which the person failing to comply
2593with the subpoena resides. A failure to comply with an order of
2594the court shall result in a finding of contempt of court.
2595However, a person is not in contempt while a subpoena is being
2596challenged.
2597     (d)  The department must, within 7 working days after a
2598formal review hearing, send notice to the person of the hearing
2599officer's decision as to whether sufficient cause exists to
2600sustain, amend, or invalidate the suspension.
2601     Section 68.  Subsection (12) is added to section 322.34,
2602Florida Statutes, to read:
2603     322.34  Driving while license suspended, revoked, canceled,
2604or disqualified.-
2605     (1)  Except as provided in subsection (2), any person whose
2606driver's license or driving privilege has been canceled,
2607suspended, or revoked, except a "habitual traffic offender" as
2608defined in s. 322.264, who drives a vehicle upon the highways of
2609this state while such license or privilege is canceled,
2610suspended, or revoked is guilty of a moving violation,
2611punishable as provided in chapter 318.
2612     (12)  A person who commits a moving violation as provided
2613in subsection (1) shall not have his or her motor vehicle
2614impounded or immobilized.
2615     Section 69.  Subsection (2) of section 322.53, Florida
2616Statutes, is amended to read:
2617     322.53  License required; exemptions.-
2618     (2)  The following persons are exempt from the requirement
2619to obtain a commercial driver's license:
2620     (a)  Drivers of authorized emergency vehicles.
2621     (b)  Military personnel driving vehicles operated for
2622military purposes.
2623     (c)  Farmers transporting agricultural products, farm
2624supplies, or farm machinery to or from their farms within 150
2625miles of their farm if the vehicle operated under this exemption
2626is not used in the operations of a common or contract motor
2627carrier, or transporting agricultural products to or from the
2628first place of storage or processing or directly to or from
2629market, within 150 miles of their farm.
2630     (d)  Drivers of recreational vehicles, as defined in s.
2631320.01.
2632     (e)  Drivers who operate straight trucks, as defined in s.
2633316.003, which that are exclusively transporting their own
2634tangible personal property that which is not for sale or hire,
2635and the vehicles are not used in commerce.
2636     (f)  An employee of a publicly owned transit system who is
2637limited to moving vehicles for maintenance or parking purposes
2638exclusively within the restricted-access confines of a transit
2639system's property.
2640     Section 70.  Subsection (5) is added to section 322.54,
2641Florida Statutes, to read:
2642     322.54  Classification.-
2643     (5)  The required driver's license classification of any
2644person operating a commercial motor vehicle that has no gross
2645vehicle weight rating plate or no vehicle identification number
2646shall 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
2649to read:
2650     322.59  Possession of medical examiner's certificate.-
2651     (1)  The department shall not issue a commercial driver's
2652license to any person who is required by the laws of this state
2653or by federal law to possess a medical examiner's certificate,
2654unless such person provides presents a valid certificate, as
2655described in 49 C.F.R. s. 383.71 prior to licensure.
2656     (2)  The department shall disqualify a driver from
2657operating a commercial motor vehicle if that driver holds a
2658commercial driver's license and fails to comply with the medical
2659certification requirements described in 49 C.F.R. s. 383.71.
2660     (2)  This section does not expand the requirements as to
2661who must possess a medical examiner's certificate.
2662     Section 73.  Subsection (5) of section 322.61, Florida
2663Statutes, is amended to read:
2664     322.61  Disqualification from operating a commercial motor
2665vehicle.-
2666     (5)  Any person who is convicted of two violations
2667specified in subsection (3) which were committed while operating
2668a commercial motor vehicle, or any combination thereof, arising
2669in separate incidents shall be permanently disqualified from
2670operating a commercial motor vehicle. Any holder of a commercial
2671driver's license who is convicted of two violations specified in
2672subsection (3), which were committed while operating any a
2673noncommercial motor vehicle, or any combination thereof, arising
2674in separate incidents shall be permanently disqualified from
2675operating a commercial motor vehicle. The penalty provided in
2676this subsection is in addition to any other applicable penalty.
2677     Section 74.  Subsections (1), (4), (7), (8), and (11) of
2678section 322.64, Florida Statutes, are amended to read:
2679     322.64  Holder of commercial driver's license; persons
2680operating a commercial motor vehicle; driving with unlawful
2681blood-alcohol level; refusal to submit to breath, urine, or
2682blood test.-
2683     (1)(a)  A law enforcement officer or correctional officer
2684shall, on behalf of the department, disqualify from operating
2685any commercial motor vehicle a person who while operating or in
2686actual physical control of a commercial motor vehicle is
2687arrested for a violation of s. 316.193, relating to unlawful
2688blood-alcohol level or breath-alcohol level, or a person who has
2689refused to submit to a breath, urine, or blood test authorized
2690by s. 322.63 or s. 316.1932 arising out of the operation or
2691actual physical control of a commercial motor vehicle. A law
2692enforcement officer or correctional officer shall, on behalf of
2693the department, disqualify the holder of a commercial driver's
2694license from operating any commercial motor vehicle if the
2695licenseholder, while operating or in actual physical control of
2696a motor vehicle, is arrested for a violation of s. 316.193,
2697relating to unlawful blood-alcohol level or breath-alcohol
2698level, or refused to submit to a breath, urine, or blood test
2699authorized by s. 322.63 or s. 316.1932. Upon disqualification of
2700the person, the officer shall take the person's driver's license
2701and issue the person a 10-day temporary permit for the operation
2702of noncommercial vehicles only if the person is otherwise
2703eligible for the driving privilege and shall issue the person a
2704notice of disqualification. If the person has been given a
2705blood, breath, or urine test, the results of which are not
2706available to the officer at the time of the arrest, the agency
2707employing the officer shall transmit such results to the
2708department within 5 days after receipt of the results. If the
2709department then determines that the person had a blood-alcohol
2710level or breath-alcohol level of 0.08 or higher, the department
2711shall disqualify the person from operating a commercial motor
2712vehicle pursuant to subsection (3).
2713     (b)  For purposes of determining the period of
2714disqualification described in 49 C.F.R. s. 383.51,
2715disqualifications listed in paragraph (a) shall be treated as
2716convictions.
2717     (c)(b)  The disqualification under paragraph (a) shall be
2718pursuant to, and the notice of disqualification shall inform the
2719driver of, the following:
2720     1.a.  The driver refused to submit to a lawful breath,
2721blood, or urine test and he or she is disqualified from
2722operating a commercial motor vehicle for the time period
2723specified in 49 C.F.R. s. 383.51 a period of 1 year, for a first
2724refusal, or permanently, if he or she has previously been
2725disqualified under this section; or
2726     b.  The driver had an unlawful blood-alcohol or breath-
2727alcohol level of 0.08 or higher while driving or in actual
2728physical control of a commercial motor vehicle, or any motor
2729vehicle if the driver holds a commercial driver license, and is
2730disqualified for the time period specified in 49 C.F.R. s.
2731383.51. The driver was driving or in actual physical control of
2732a commercial motor vehicle, or any motor vehicle if the driver
2733holds a commercial driver's license, had an unlawful blood-
2734alcohol level or breath-alcohol level of 0.08 or higher, and his
2735or her driving privilege shall be disqualified for a period of 1
2736year for a first offense or permanently disqualified if his or
2737her driving privilege has been previously disqualified under
2738this section.
2739     2.  The disqualification period for operating commercial
2740vehicles shall commence on the date of issuance of the notice of
2741disqualification.
2742     3.  The driver may request a formal or informal review of
2743the disqualification by the department within 10 days after the
2744date of issuance of the notice of disqualification.
2745     4.  The temporary permit issued at the time of
2746disqualification expires at midnight of the 10th day following
2747the date of disqualification.
2748     5.  The driver may submit to the department any materials
2749relevant to the disqualification.
2750     (4)  If the person disqualified requests an informal review
2751pursuant to subparagraph (1)(c)(b)3., the department shall
2752conduct the informal review by a hearing officer employed by the
2753department. Such informal review hearing shall consist solely of
2754an examination by the department of the materials submitted by a
2755law enforcement officer or correctional officer and by the
2756person disqualified, and the presence of an officer or witness
2757is not required.
2758     (7)  In a formal review hearing under subsection (6) or an
2759informal review hearing under subsection (4), the hearing
2760officer shall determine by a preponderance of the evidence
2761whether sufficient cause exists to sustain, amend, or invalidate
2762the disqualification. The scope of the review shall be limited
2763to the following issues:
2764     (a)  If the person was disqualified from operating a
2765commercial motor vehicle for driving with an unlawful blood-
2766alcohol level:
2767     1.  Whether the arresting law enforcement officer had
2768probable cause to believe that the person was driving or in
2769actual physical control of a commercial motor vehicle, or any
2770motor vehicle if the driver holds a commercial driver's license,
2771in this state while he or she had any alcohol, chemical
2772substances, or controlled substances in his or her body.
2773     2.  Whether the person had an unlawful blood-alcohol level
2774or breath-alcohol level of 0.08 or higher.
2775     (b)  If the person was disqualified from operating a
2776commercial motor vehicle for refusal to submit to a breath,
2777blood, or urine test:
2778     1.  Whether the law enforcement officer had probable cause
2779to believe that the person was driving or in actual physical
2780control of a commercial motor vehicle, or any motor vehicle if
2781the driver holds a commercial driver's license, in this state
2782while he or she had any alcohol, chemical substances, or
2783controlled substances in his or her body.
2784     2.  Whether the person refused to submit to the test after
2785being requested to do so by a law enforcement officer or
2786correctional officer.
2787     3.  Whether the person was told that if he or she refused
2788to submit to such test he or she would be disqualified from
2789operating a commercial motor vehicle for a period of 1 year or,
2790if previously disqualified under this section, permanently.
2791     (8)  Based on the determination of the hearing officer
2792pursuant to subsection (7) for both informal hearings under
2793subsection (4) and formal hearings under subsection (6), the
2794department shall:
2795     (a)  sustain the disqualification for the time period
2796described in 49 C.F.R. s. 383.51 a period of 1 year for a first
2797refusal, or permanently if such person has been previously
2798disqualified from operating a commercial motor vehicle under
2799this section. The disqualification period commences on the date
2800of 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
2803actual physical control of a commercial motor vehicle, or any
2804motor vehicle if the driver holds a commercial driver's license,
2805and had an unlawful blood-alcohol level or breath-alcohol level
2806of 0.08 or higher; or
2807     2.  Permanently if the person has been previously
2808disqualified from operating a commercial motor vehicle under
2809this section or his or her driving privilege has been previously
2810suspended for driving or being in actual physical control of a
2811commercial motor vehicle, or any motor vehicle if the driver
2812holds a commercial driver's license, and had an unlawful blood-
2813alcohol level or breath-alcohol level of 0.08 or higher.
2814
2815The disqualification period commences on the date of the
2816issuance of the notice of disqualification.
2817     (11)  The formal review hearing may be conducted upon a
2818review of the reports of a law enforcement officer or a
2819correctional officer, including documents relating to the
2820administration of a breath test or blood test or the refusal to
2821take a breath, blood, or urine either test. However, as provided
2822in subsection (6), the driver may subpoena the officer or any
2823person who administered or analyzed a breath or blood test.
2824     Section 75.  Section 328.30, Florida Statutes, is amended
2825to read:
2826     328.30  Transactions by electronic or telephonic means.-
2827     (1)  The department may is authorized to accept any
2828application provided for under this chapter by electronic or
2829telephonic means.
2830     (2)  The department may issue an electronic certificate of
2831title in lieu of printing a paper title.
2832     (3)  The department may collect and use electronic mail
2833addresses for the purpose of providing renewal notices in lieu
2834of the United States Postal Service.
2835     Section 76.  Subsection (2) of section 413.012, Florida
2836Statutes, is amended to read:
2837     413.012  Confidential records disclosure prohibited;
2838exemptions.-
2839     (2)  It is unlawful for any person to disclose, authorize
2840the disclosure, solicit, receive, or make use of any list of
2841names and addresses or any record containing any information set
2842forth in subsection (1) and maintained in the division. The
2843prohibition provided for in this subsection shall not apply to
2844the use of such information for purposes directly connected with
2845the administration of the vocational rehabilitation program or
2846with the monthly dispatch to the Division of Driver Licenses of
2847the Department of Highway Safety and Motor Vehicles of the name
2848in full, place and date of birth, sex, social security number,
2849and resident address of individuals with central visual acuity
285020/200 or less in the better eye with correcting glasses, or a
2851disqualifying field defect in which the peripheral field has
2852contracted to such an extent that the widest diameter or visual
2853field subtends an angular distance no greater than 20 degrees.
2854When requested in writing by an applicant or client, or her or
2855his representative, the Division of Blind Services shall release
2856confidential information to the applicant or client or her or
2857his representative.
2858     Section 77.  Paragraph (f) of subsection (13) of section
2859713.78, Florida Statutes, is amended to read:
2860     713.78  Liens for recovering, towing, or storing vehicles
2861and vessels.-
2862     (13)
2863     (f)  This subsection applies only to the annual renewal in
2864the registered owner's birth month of a motor vehicle
2865registration and does not apply to the transfer of a
2866registration of a motor vehicle sold by a motor vehicle dealer
2867licensed under chapter 320, except for the transfer of
2868registrations which is inclusive of the annual renewals. This
2869subsection does not apply to any vehicle registered in the name
2870of the lessor. This subsection does not affect the issuance of
2871the title to a motor vehicle, notwithstanding s.
2872319.23(8)(7)(b).
2873     Section 78.  Edna S. Hargrett-Thrower Avenue designated;
2874Department of Transportation to erect suitable markers.-
2875     (1)  That portion of Orange Blossom Trail between Gore
2876Street and Church Street in Orange County is designated as "Edna
2877S. Hargrett-Thrower Avenue."
2878     (2)  The Department of Transportation is directed to erect
2879suitable markers designating Edna S. Hargrett-Thrower Avenue as
2880described in subsection (1).
2881     Section 79.  SP4 Thomas Berry Corbin Memorial Highway
2882designated; Department of Transportation to erect suitable
2883markers.-
2884     (1)  That portion of U.S. Highway 19/27A/98/State Road 55
2885between the Suwannee River Bridge and N.E. 592nd Street/Chavous
2886Road/Kate Green Road in Dixie County is designated as "SP4
2887Thomas Berry Corbin Memorial Highway."
2888     (2)  The Department of Transportation is directed to erect
2889suitable markers designating SP4 Thomas Berry Corbin Memorial
2890Highway as described in subsection (1).
2891     Section 80.  U.S. Navy BMC Samuel Calhoun Chavous, Jr.
2892Memorial Highway designated; Department of Transportation to
2893erect suitable markers.-
2894     (1)  That portion of U.S. Highway 19/98/State Road 55
2895between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
2896170th Street in Dixie County is designated as "U.S. Navy BMC
2897Samuel Calhoun Chavous, Jr. Memorial Highway."
2898     (2)  The Department of Transportation is directed to erect
2899suitable markers designating U.S. Navy BMC Samuel Calhoun
2900Chavous, Jr. Memorial Highway as described in subsection (1).
2901     Section 81.  Marine Lance Corporal Brian R. Buesing
2902Memorial Highway designated; Department of Transportation to
2903erect suitable markers.-
2904     (1)  That portion of State Road 24 between County Road 347
2905and Bridge Number 340053 in Levy County is designated as "Marine
2906Lance Corporal Brian R. Buesing Memorial Highway."
2907     (2)  The Department of Transportation is directed to erect
2908suitable markers designating Marine Lance Corporal Brian R.
2909Buesing Memorial Highway as described in subsection (1).
2910     Section 82.  United States Army Sergeant Karl A. Campbell
2911Memorial Highway designated; Department of Transportation to
2912erect suitable markers.-
2913     (1)  That portion of U.S. Highway 19/98/State Road 55/S.
2914Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
2915County is designated as "United States Army Sergeant Karl A.
2916Campbell Memorial Highway."
2917     (2)  The Department of Transportation is directed to erect
2918suitable markers designating United States Army Sergeant Karl A.
2919Campbell Memorial Highway as described in subsection (1).
2920     Section 83.  U.S. Army SPC James A. Page Memorial Highway
2921designated; Department of Transportation to erect suitable
2922markers.-
2923     (1)  That portion of U.S. Highway 27A/State Road
2924500/Hathaway Avenue between State Road 24/Thrasher Drive and
2925Town Court in Levy County is designated as "U.S. Army SPC James
2926A. Page Memorial Highway."
2927     (2)  The Department of Transportation is directed to erect
2928suitable markers designating U.S. Army SPC James A. Page
2929Memorial Highway as described in subsection (1).
2930     Section 84.  Veterans Memorial Highway designated;
2931Department of Transportation to erect suitable markers.-
2932     (1)  That portion of State Road 19 between U.S. Highway
293317/State Road 15 and Carriage Drive in the City of Palatka in
2934Putnam County is designated as "Veterans Memorial Highway."
2935     (2)  The Department of Transportation is directed to erect
2936suitable markers designating Veterans Memorial Highway as
2937described in subsection (1).
2938     Section 85.  Ben G. Watts Highway designated; Department of
2939Transportation to erect suitable markers.-
2940     (1)  That portion of U.S. Highway 90/State Road 10 between
2941the Holmes County line and the Jackson County line in Washington
2942County is designated as "Ben G. Watts Highway."
2943     (2)  The Department of Transportation is directed to erect
2944suitable markers designating Ben G. Watts Highway as described
2945in subsection (1).
2946     Section 86.  Mardi Gras Way designated; Department of
2947Transportation to erect suitable markers.-
2948     (1)  That portion of State Road 824 between Interstate 95
2949and U.S. Highway 1 in Broward County is designated as "Mardi
2950Gras Way."
2951     (2)  The Department of Transportation is directed to erect
2952suitable markers designating Mardi Gras Way as described in
2953subsection (1).
2954     Section 87.  West Park Boulevard designated; Department of
2955Transportation to erect suitable markers.-
2956     (1)  That portion of State Road 7 between Pembroke Road and
2957County Line Road in Broward County is designated as "West Park
2958Boulevard."
2959     (2)  The Department of Transportation is directed to erect
2960suitable markers designating West Park Boulevard as described in
2961subsection (1).
2962     Section 88.  Pembroke Park Boulevard designated; Department
2963of Transportation to erect suitable markers.-
2964     (1)  That portion of State Road 858/Hallandale Beach
2965Boulevard between Interstate 95 and U.S. Highway 441/State Road
29667 in Broward County is designated as "Pembroke Park Boulevard."
2967     (2)  The Department of Transportation is directed to erect
2968suitable markers designating Pembroke Park Boulevard as
2969described in subsection (1).
2970     Section 89.  Stark Memorial Drive designated; Department of
2971Transportation to erect suitable markers.-
2972     (1)  That portion of State Road 101/Mayport Road between
2973State Road A1A and Wonderwood Connector in Duval County is
2974designated as "Stark Memorial Drive."
2975     (2)  The Department of Transportation is directed to erect
2976suitable markers designating Stark Memorial Drive as described
2977in subsection (1).
2978     Section 90.  Duval County Law Enforcement Memorial Overpass
2979designated; Department of Transportation to erect suitable
2980markers.-
2981     (1)  The Interstate 295/State Road 9A overpass (Bridge
2982Numbers 720256 and 720347) over Interstate 10/State Road 8 in
2983Duval County is designated as "Duval County Law Enforcement
2984Memorial Overpass."
2985     (2)  The Department of Transportation is directed to erect
2986suitable markers designating Duval County Law Enforcement
2987Memorial Overpass as described in subsection (1).
2988     Section 91.  Verna Bell Way designated; Department of
2989Transportation to erect suitable markers.-
2990     (1)  That portion of State Road 200 between Lime Street and
2991Beech Street in the City of Fernandina Beach in Nassau County is
2992designated as "Verna Bell Way."
2993     (2)  The Department of Transportation is directed to erect
2994suitable markers designating Verna Bell Way as described in
2995subsection (1).
2996     Section 92.  Deputy Hal P. Croft and Deputy Ronald Jackson
2997Memorial Highway designated; Department of Transportation to
2998erect suitable markers.-
2999     (1)  That portion of State Road 100 East in Union County
3000between the Bradford County line and the Columbia County line is
3001designated as "Deputy Hal P. Croft and Deputy Ronald Jackson
3002Memorial Highway."
3003     (2)  The Department of Transportation is directed to erect
3004suitable markers designating Deputy Hal P. Croft and Deputy
3005Ronald Jackson Memorial Highway as described in subsection (1).
3006     Section 93.  Dr. Oscar Elias Biscet Boulevard designated;
3007Department of Transportation to erect suitable markers.-
3008     (1)  That portion of Coral Way between S.W. 32nd Avenue and
3009S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
3010Oscar Elias Biscet Boulevard."
3011     (2)  The Department of Transportation is directed to erect
3012suitable markers designating Dr. Oscar Elias Biscet Boulevard as
3013described in subsection (1).
3014     Section 94.  Hugh Anderson Boulevard designated; Department
3015of Transportation to erect suitable markers.-
3016     (1)  That portion of Biscayne Boulevard between N.E. 88th
3017Street and N.E. 105th Street in Miami Shores Village in Miami-
3018Dade County is designated as "Hugh Anderson Boulevard."
3019     (2)  The Department of Transportation is directed to erect
3020suitable markers designating Hugh Anderson Boulevard as
3021described in subsection (1).
3022     Section 95.  Palmetto General Hospital Way designated;
3023Department of Transportation to erect suitable markers.-
3024     (1)  That portion of West 20th Avenue between West 68th
3025Street and West 73rd Street in Miami-Dade County is designated
3026as "Palmetto General Hospital Way."
3027     (2)  The Department of Transportation is directed to erect
3028suitable markers designating Palmetto General Hospital Way as
3029described in subsection (1).
3030     Section 96.  Senator Javier D. Souto Way designated;
3031Department of Transportation to erect suitable markers.-
3032     (1)  That portion of State Road 976/Bird Road between S.W.
303387th Avenue and the Palmetto Expressway Ramp in Miami-Dade
3034County is designated as "Senator Javier D. Souto Way."
3035     (2)  The Department of Transportation is directed to erect
3036suitable markers designating Senator Javier D. Souto Way as
3037described subsection (1).
3038     Section 97.  Reverend Max Salvadore Avenue designated;
3039Department of Transportation to erect suitable markers.-
3040     (1)  That portion of S.W. 27th Avenue between S.W. 8th
3041Street and S.W. 13th Street in the City of Miami in Miami-Dade
3042County is designated as "Reverend Max Salvadore Avenue."
3043     (2)  The Department of Transportation is directed to erect
3044suitable markers designating Reverend Max Salvadore Avenue as
3045described in subsection (1).
3046     Section 98.  BRIGADA 2506 STREET, Carlos Rodriguez Santana
3047designated; Department of Transportation to erect suitable
3048markers.-
3049     (1)  That portion of S.W. 8th Street between S.W. 10th
3050Avenue and S.W. 12th Avenue in the City of Miami in Miami-Dade
3051County is designated as "BRIGADA 2506 STREET, Carlos Rodriguez
3052Santana."
3053     (2)  The Department of Transportation is directed to erect
3054suitable markers designating BRIGADA 2506 STREET, Carlos
3055Rodriguez Santana as described in subsection (1).
3056     Section 99.  Rev. Jorge Comesanas Way designated;
3057Department of Transportation to erect suitable markers.-
3058     (1)  That portion of S.W. 87th Avenue between S.W. 8th
3059Street and S.W. 24th Street in Miami-Dade County is designated
3060as "Rev. Jorge Comesanas Way."
3061     (2)  The Department of Transportation is directed to erect
3062suitable markers designating Rev. Jorge Comesanas Way as
3063described in subsection (1).
3064     Section 100.  Amadeo Lopez-Castro, Jr. Road designated;
3065Department of Transportation to erect suitable markers.-
3066     (1)  That portion of S.W. 57th Avenue/Red Road between S.W.
30678th Street and S.W. 88th Street/Kendall Drive in Miami-Dade
3068County is designated as "Amadeo Lopez-Castro, Jr. Road."
3069     (2)  The Department of Transportation is directed to erect
3070suitable markers designating Amadeo Lopez-Castro, Jr. Road as
3071described in subsection (1).
3072     Section 101.  Benjamin Leon, Jr. Way designated; Department
3073of Transportation to erect suitable markers.-
3074     (1)  That portion of 27th Avenue located in Miami-Dade
3075County is designated as "Benjamin Leon, Jr. Way."
3076     (2)  The Department of Transportation is directed to erect
3077suitable markers designating Benjamin Leon, Jr. Way as described
3078in subsection (1).
3079     Section 102.  Miami Medical Team Way designated; Department
3080of Transportation to erect suitable markers.-
3081     (1)  That portion of Coral Way/S.W. 22nd Street between
308224th Avenue and 27th Avenue in Miami-Dade County is designated
3083as "Miami Medical Team Way."
3084     (2)  The Department of Transportation is directed to erect
3085suitable markers designating Miami Medical Team Way as described
3086in subsection (1).
3087     Section 103.  Alma Lee Loy Bridge designated; Department of
3088Transportation to erect suitable markers.-
3089     (1)  Bridge Number 880077 on State Road 656 between State
3090Road A1A and Indian River Boulevard in the City of Vero Beach in
3091Indian River County is designated as "Alma Lee Loy Bridge."
3092     (2)  The Department of Transportation is directed to erect
3093suitable markers designating Alma Lee Loy Bridge as described
3094subsection (1).
3095     Section 104.  Samuel B. Love Memorial Highway designated;
3096Department of Transportation to erect suitable markers.-
3097     (1)  That portion of Sunset Harbor Road between S.E. 105th
3098Avenue 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
3101suitable markers designating Samuel B. Love Memorial Highway as
3102described in subsection (1).
3103     Section 105.  Elvin Martinez Road designated; Department of
3104Transportation to erect suitable markers.-
3105     (1)  That portion of Tampa Bay Boulevard between Armenia
3106Avenue and Himes Avenue in Hillsborough County is designated as
3107"Elvin Martinez Road."
3108     (2)  The Department of Transportation is directed to erect
3109suitable markers designating Elvin Martinez Road as described in
3110subsection (1).
3111     Section 106.  Whale Harbor Joe Roth, Jr. Bridge designated;
3112Department of Transportation to erect suitable markers.-
3113     (1)  Whale Harbor Bridge (Bridge Number 900076) on U.S.
3114Highway 1/State Road 5 in Monroe County is designated as "Whale
3115Harbor Joe Roth Jr. Bridge."
3116     (2)  The Department of Transportation is directed to erect
3117suitable markers designating Whale Harbor Joe Roth Jr. Bridge as
3118described in subsection (1).
3119     Section 107.  Florida Highway Patrol Trooper Sgt. Nicholas
3120G. Sottile Memorial designated; Department of Transportation to
3121erect suitable markers.-
3122     (1)  Milepost 22.182 on U.S. Highway 27 in Highlands County
3123is designated as "Florida Highway Patrol Trooper Sgt. Nicholas
3124G. Sottile Memorial."
3125     (2)  The Department of Transportation is directed to erect
3126suitable markers designating Florida Highway Patrol Trooper Sgt.
3127Nicholas G. Sottile Memorial as described subsection (1).
3128     Section 108.  Coach Jimmy Carnes Boulevard designated;
3129Department of Transportation to erect suitable markers.-
3130     (1)  That portion of S.W. 23rd Street, in front of James G.
3131Pressly Stadium, and 4211 S.W. 23rd Street, located between S.W.
31322nd Avenue and Fraternity Row/Drive in Alachua County, is
3133designated as "Coach Jimmy Carnes Boulevard."
3134     (2)  The Department of Transportation is directed to erect
3135suitable markers designating Coach Jimmy Carnes Boulevard as
3136described in subsection (1).
3137     Section 109.  Section 24 of chapter 2010-230, Laws of
3138Florida, is amended to read:
3139     Section 24.  Miss Lillie Williams Boulevard designated;
3140Department of Transportation to erect suitable markers.-
3141     (1)  That portion of N.W. 79th Street between N.W. 6th
3142Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
3143designated as "Miss Lillie Williams Boulevard."
3144     (2)  The Department of Transportation is directed to erect
3145suitable markers designating Miss Lillie Williams Boulevard as
3146described in subsection (1).
3147     Section 110.  Section 45 of chapter 2010-230, Laws of
3148Florida, is amended to read:
3149     Section 45.  Father Gerard Jean-Juste Street designated;
3150Department of Transportation to erect suitable markers.-
3151     (1)  That portion of N.W. 54th Street in Miami-Dade County
3152between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
3153is designated "Father Gerard Jean-Juste Street."
3154     (2)  The Department of Transportation is directed to erect
3155suitable markers designating Father Gerard Jean-Juste Street as
3156described in subsection (1).
3157     Section 111.  Tanya Martin Oubre Pekel Street designated;
3158Department of Transportation to erect suitable markers.-
3159     (1)  That portion of State Road 932/N.E. 103rd Street
3160between N.W. 3rd Avenue and N.E. 6th Avenue in Miami-Dade County
3161is designated as "Tanya Martin Oubre Pekel Street."
3162     (2)  The Department of Transportation is directed to erect
3163suitable markers designating Tanya Martin Oubre Pekel Street as
3164described in subsection (1).
3165     Section 112.  Deputy Jack A. Romeis Road designated;
3166Department of Transportation to erect suitable markers.-
3167     (1)  That portion of State Road 26A in Gainesville, Alachua
3168County, between West University Avenue and S.W. 25th Street, is
3169designated "Deputy Jack A. Romeis Road."
3170     (2)  The Department of Transportation is directed to erect
3171suitable markers designating Deputy Jack A. Romeis Road as
3172described in subsection (1).
3173     Section 113.  Nona and Papa Road designated; Department of
3174Transportation to erect suitable markers.-
3175     (1)  That portion of the San Juan Road Extension in
3176Anastasia State Park in St. Johns County is designated as "Nona
3177and Papa Road."
3178     (2)  The Department of Transportation is directed to erect
3179suitable markers designating Nona and Papa Road as described
3180subsection (1).
3181     Section 114.  Walter Francis Spence Parkway designated;
3182Department of Transportation to erect suitable markers.-
3183     (1)  That portion of State Road 293 from U.S. Highway
318498/State Road 30 to State Road 20 in Okaloosa County is
3185designated as "Walter Francis Spence Parkway."
3186     (2)  The Department of Transportation is directed to erect
3187suitable markers designating Walter Francis Spence Parkway as
3188described subsection (1).
3189     Section 115.  Florida's Beaches and Rivers Parkway
3190designated; Department of Transportation to erect suitable
3191markers.-
3192     (1)  That portion of State Route 87 from its intersection
3193with U.S. Highway 98 northward to its intersection with U.S.
3194Highway 90 in Santa Rosa County is designated "Florida's Beaches
3195and Rivers Parkway."
3196     (2)  The Department of Transportation is directed to erect
3197suitable markers designating Florida's Beaches and Rivers
3198Parkway as described subsection (1).
3199     Section 116.  Corporal Michael J. Roberts Parkway
3200designated; Department of Transportation to erect suitable
3201markers.-
3202     (1)  That portion of U.S. 41/State Road 45/Nebraska Avenue
3203from County Road 584/Waters Avenue to State Road 580/Busch
3204Boulevard is designated as "Corporal Michael J. Roberts
3205Parkway."
3206     (2)  The Department of Transportation is directed to erect
3207suitable markers designating Corporal Michael J. Roberts as
3208described subsection (1).
3209     Section 117.  Harry T. and Harriette V. Moore Memorial
3210Highway designated; Department of Transportation to erect
3211suitable markers.-
3212     (1)  That portion of State Road 46 in Brevard County from
3213U.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
3216suitable markers designating Harry T. and Harriette V. Moore
3217Memorial Highway as described in subsection (1).
3218     Section 118.  Elizabeth G. Means Memorial Boulevard
3219designated; Department of Transportation to erect suitable
3220markers.-
3221     (1)  That portion of Beaver Street in Duval County between
3222Laura Street and Rushing Street is designated as "Elizabeth G.
3223Means Memorial Boulevard."
3224     (2)  The Department of Transportation is directed to erect
3225suitable markers designating Elizabeth G. Means Memorial
3226Boulevard as described in subsection (1).
3227     Section 119.  Louise Steward Memorial Boulevard designated;
3228Department of Transportation to erect suitable markers.-
3229     (1)  That portion of U.S. Highway 1 Alternate/SR 115/SR
3230115A/Haines Street Expressway in Duval County between 8th Street
3231and Duval Street is designated as "Louise Steward Memorial
3232Boulevard."
3233     (2)  The Department of Transportation is directed to erect
3234suitable markers designating Louise Steward Memorial Boulevard
3235as described in subsection (1).
3236     Section 120.  Isiah J. Williams, III, Memorial Boulevard
3237designated; Department of Transportation to erect suitable
3238markers.-
3239     (1)  That portion of Edgewood Avenue in Duval County
3240between 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
3243suitable markers designating Isiah J. Williams, III, Memorial
3244Boulevard as described in subsection (1).
3245     Section 121.  (1)  This section may be cited as the "To
3246Inform Families First Act."
3247     (2)  The Department of Highway Safety and Motor Vehicles is
3248encouraged to educate the law enforcement community and the
3249general public about the importance of making certain that
3250drivers are aware of and use the Emergency Contact Information
3251program, established by the department. The department shall
3252provide signs for the driver license offices to advertise the
3253program. This voluntary program allows each driver the
3254opportunity to register the names of up to two individuals as
3255the person he or she would want to be contacted if he or she is
3256involved in a crash.
3257     Section 122.  Section 322.145, Florida Statutes, is created
3258to read:
3259     322.145  Electronic authentication of licenses.-
3260     (1)  Any driver's license issued on or after July 1, 2012,
3261must contain a means of electronic authentication, which
3262conforms to a recognized standard for such authentication, such
3263as public key infrastructure, symmetric key algorithms, security
3264tokens, mediametrics, or biometrics. Electronic authentication
3265capabilities must not interfere with or change the driver's
3266license format or topology.
3267     (2)  The department shall provide, at the applicant's
3268option and at the time a license is issued, a security token
3269that can be electronically authenticated through a personal
3270computer. The token must also conform to one of the standards
3271provided subsection (1).
3272     (3)  The department shall negotiate a new contract with the
3273vendor selected to implement the electronic authentication
3274feature which provides that the vendor pay all costs of
3275implementing the system. This contract must not conflict with
3276current contractual arrangements for the issuance of driver's
3277licenses.
3278     Section 123.  Subsection (1) of section 316.066, Florida
3279Statutes, is amended to read:
3280     316.066  Written reports of crashes.-
3281     (1)(a)  A Florida Traffic Crash Report, Long Form, must is
3282required to be completed and submitted to the department within
328310 days after completing an investigation is completed by the
3284every law enforcement officer who in the regular course of duty
3285investigates a motor vehicle crash:
3286     1.  That resulted in death of, or personal injury to, or
3287any indication of complaints of pain or discomfort by any of the
3288parties or passengers involved in the crash;
3289     2.  That involved one or more passengers, other than the
3290drivers of the vehicles, in any of the vehicles involved in the
3291crash;.
3292     3.2.  That involved a violation of s. 316.061(1) or s.
3293316.193; or.
3294     4.3.  In which a vehicle was rendered inoperative to a
3295degree that required a wrecker to remove it from traffic, if
3296such 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
3303the officer investigating the crash.
3304     6.  The names of the insurance companies for the respective
3305parties involved in the crash.
3306     7.  The names and addresses of all passengers in all
3307vehicles involved in the crash, each clearly identified as being
3308a passenger, including the identification of the vehicle in
3309which each was a passenger.
3310     (c)(b)  In every crash for which a Florida Traffic Crash
3311Report, Long Form, is not required by this section, the law
3312enforcement officer may complete a short-form crash report or
3313provide a short-form crash report to be completed by each party
3314involved in the crash. The short-form report must include all of
3315the items listed in subparagraphs (b)1.-6. Short-form crash
3316reports prepared by the law enforcement officer shall be
3317maintained 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
3323the officer investigating the crash.
3324     6.  The names of the insurance companies for the respective
3325parties involved in the crash.
3326     (d)(c)  Each party to the crash must shall provide the law
3327enforcement officer with proof of insurance, which must to be
3328included in the crash report. If a law enforcement officer
3329submits a report on the accident, proof of insurance must be
3330provided to the officer by each party involved in the crash. Any
3331party who fails to provide the required information commits a
3332noncriminal traffic infraction, punishable as a nonmoving
3333violation as provided in chapter 318, unless the officer
3334determines that due to injuries or other special circumstances
3335such insurance information cannot be provided immediately. If
3336the person provides the law enforcement agency, within 24 hours
3337after the crash, proof of insurance that was valid at the time
3338of the crash, the law enforcement agency may void the citation.
3339     (e)(d)  The driver of a vehicle that was in any manner
3340involved in a crash resulting in damage to any vehicle or other
3341property in an amount of $500 or more, which crash was not
3342investigated by a law enforcement agency, shall, within 10 days
3343after the crash, submit a written report of the crash to the
3344department or traffic records center. The entity receiving the
3345report may require witnesses of the crash crashes to render
3346reports and may require any driver of a vehicle involved in the
3347a crash of which a written report must be made as provided in
3348this section to file supplemental written reports if whenever
3349the original report is deemed insufficient by the receiving
3350entity.
3351     (f)  The investigating law enforcement officer may testify
3352at trial or provide a signed affidavit to confirm or supplement
3353the information included on the long-form or short-form report.
3354     (e)  Short-form crash reports prepared by law enforcement
3355shall be maintained by the law enforcement officer's agency.
3356     Section 124.  Subsections (5), (6), and (7) are added to
3357section 316.0083, Florida Statutes, to read:
3358     316.0083  Mark Wandall Traffic Safety Program;
3359administration; report.-
3360     (5)  Prior to installing a traffic infraction detector, the
3361department, a county, or a municipality must request that the
3362Department of Transportation perform a safety hazard study for
3363the intersection. The department, a county, or a municipality
3364shall be responsible for the cost of the study. A traffic
3365infraction detector may not be installed until the Department of
3366Transportation has performed the study and determined that the
3367intersection warrants a traffic infraction detector.
3368     (6)  A safety hazard study required under this section
3369shall evaluate the safety of an intersection within a 6-month
3370period. A safety hazard exists if, at the end of the study
3371period, the Department of Transportation identifies a
3372statistically disproportionate number of motor vehicle crashes
3373at the intersection, greater than that of similarly situated
3374intersections in the county or municipality.
3375     (7)  Notwithstanding subsection (1), the department, a
3376county, or a municipality may not use a traffic infraction
3377detector to enforce a violation of s. 316.075(1)(c)1. when a
3378driver is making a right turn or when a driver is making a left
3379turn from a one-way street onto a one-way street.
3380     Section 125.  Except as otherwise expressly provided in
3381this 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
3388An act relating to highway safety and motor vehicles; amending
3389s. 20.24, F.S.; specifying that the executive director of the
3390Department of Highway Safety and Motor Vehicles serves at the
3391pleasure of the Governor and Cabinet; creating a Division of
3392Motorist Services within the department; eliminating the
3393Division of Driver Licenses and the Division of Motor Vehicles;
3394amending ss. 261.03 and 288.816, F.S., relating to off-highway
3395vehicle safety and recreation and Consul Corps license plates,
3396respectively; conforming references; amending s. 311.121, F.S.,
3397relating to membership of the Seaport Security Officer
3398Qualification, Training, and Standards Coordinating Council;
3399conforming provisions to changes made by the act; amending s.
3400316.003, F.S.; revising definitions and defining the term "swamp
3401buggy" for purposes of the Florida Uniform Traffic Control Law;
3402reenacting s. 316.065(4), F.S., relating to crash reports, to
3403incorporate changes made to s. 316.066, F.S., by chapter 2010-
3404163, Laws of Florida; amending s. 316.1303, F.S.; authorizing a
3405person with impaired mobility using a motorized wheelchair or
3406scooter to temporarily leave the sidewalk and use the roadway
3407under certain circumstances; amending s. 316.1957, F.S.,
3408relating to parking violations; conforming a reference; amending
3409s. 316.2065, F.S.; revising safety standard requirements for
3410bicycle helmets that must be worn by certain riders and
3411passengers; revising requirements for a bicycle operator to ride
3412in a bicycle lane or along the curb or edge of the roadway;
3413providing for enforcement of requirements for bicycle lighting
3414equipment; providing penalties for violations; providing for
3415dismissal of the charge following a first offense under certain
3416circumstances; amending s. 316.2085, F.S.; requiring the license
3417tag of a motorcycle or moped to remain clearly visible from the
3418rear; prohibiting deliberate acts to conceal or obscure the tag;
3419providing for certain tags to be affixed perpendicularly;
3420amending ss. 316.2122, 316.2124, 316.21265, 316.3026, and
3421316.550, F.S., relating to low-speed vehicles, disability access
3422vehicles, all-terrain and utility vehicles, motor carriers, and
3423special permits, respectively; conforming cross-references;
3424amending s. 316.545, F.S.; providing for the regulation of
3425apportionable vehicles; amending s. 316.613, F.S.; providing an
3426exception for certain for-hire passenger vehicles from
3427provisions requiring the use of child restraint devices in motor
3428vehicles; amending s. 317.0003, F.S., relating to off-highway
3429vehicles; conforming a cross-reference; amending s. 317.0016,
3430F.S.; eliminating a requirement that the department provide
3431expedited service for certificates of repossession; amending s.
3432318.14, F.S.; clarifying provisions authorizing a person cited
3433for a noncriminal traffic infraction to elect to attend a driver
3434improvement course or enter a plea of nolo contendere; amending
3435s. 318.1451, F.S.; requiring the curricula of driver improvement
3436schools to include instruction on the dangers of driving while
3437distracted; amending s. 318.15, F.S., relating to the suspension
3438of driving privileges; conforming a reference; providing that a
3439person charged with a traffic infraction may request a hearing
3440that the clerk must set; providing criteria; amending s. 319.14,
3441F.S.; prohibiting a person from knowingly offering for sale,
3442selling, or exchanging certain vehicles unless the department
3443has stamped in a conspicuous place on the certificate of title
3444words stating that the vehicle is a custom vehicle or street rod
3445vehicle; defining the terms "custom vehicle" and "street rod";
3446providing requirements for inspection and issuance of a rebuilt
3447title; amending s. 319.225, F.S.; revising provisions for
3448vehicle certificates of title; revising requirements for the
3449transfer and reassignment forms for vehicles; revising dealer
3450submission requirements; requiring a dealer selling a vehicle
3451out of state to mail a copy of the power of attorney form to the
3452department; providing for the electronic transfer of a vehicle
3453title; amending s. 319.23, F.S.; providing for the application
3454for a certificate of title, corrected certificate, or assignment
3455or reassignment to be filed from the consummation of the sale of
3456a mobile home; authorizing the department to accept a bond if
3457the applicant for a certificate of title is unable to provide a
3458title that assigns the prior owner's interest in the motor
3459vehicle; providing requirements for the bond and the affidavit;
3460providing for future expiration of the bond; amending s. 319.28,
3461F.S.; eliminating certain requirements that a lienholder obtain
3462a certificate of repossession following repossession of a
3463vehicle or mobile home; providing that a dealer of certain farm
3464or industrial equipment is not subject to licensure as a
3465recovery agent or agency under certain conditions; amending s.
3466319.323, F.S., relating to title offices for expedited service;
3467conforming provisions to changes made by the act; amending s.
3468319.40, F.S.; authorizing the department to issue electronic
3469certificates of title and use electronic mail addresses for
3470purposes of certain notifications; amending s. 320.01, F.S.;
3471revising definitions; excluding special mobile equipment and
3472swamp buggies from the meaning of the term "motor vehicle";
3473deleting an obsolete definition; revising the gross vehicle
3474weight for purposes of defining the terms "apportionable
3475vehicle" and "commercial motor vehicle"; defining the term
3476"swamp buggy"; amending s. 320.02, F.S.; providing that an
3477active-duty military member is exempt from the requirement to
3478provide an address on an application for vehicle registration;
3479requiring the application forms for motor vehicle registration
3480and renewal of registration to include language permitting the
3481applicant to make a voluntary contribution to End Hunger in
3482Florida, Take Stock In Children, Autism Services and Supports,
3483and Support Our Troops; requiring the department to retain
3484certain records for a specified period; amending s. 320.023,
3485F.S.; relating to voluntary contributions; authorizing the
3486department to retain certain proceeds derived from voluntary
3487contributions to cover certain specified costs to the
3488department; amending s. 320.03, F.S., relating to the
3489International Registration Plan; conforming provisions to
3490changes made by the act; amending s. 320.05, F.S.; deleting a
3491provision requiring that the department provide a procedures
3492manual for a fee; clarifying that the creation and maintenance
3493of records by the Division of Motorist Services is not a law
3494enforcement function of agency recordkeeping; amending s.
3495320.061, F.S.; providing that it is a noncriminal traffic
3496infraction to alter a temporary license plate; amending s.
3497320.071, F.S.; providing for the renewal of registration for an
3498apportionable vehicle that is registered under the International
3499Registration Plan; amending s. 320.0715, F.S.; clarifying
3500provisions requiring the registration of apportionable vehicles
3501under the International Registration Plan; amending s. 320.08,
3502F.S., relating to license taxes; conforming cross-references;
3503amending s. 320.08056, F.S., relating to specialty license
3504plates; providing a fee for Go Green license plates; revising
3505procedures to change the name of a recipient of the fees
3506collected; amending s. 320.08058, F.S.; providing for a Go Green
3507License plate; providing for distribution of fees collected;
3508changing the recipient of the proceeds for the Live the Dream
3509license plates to the Florida Dream Foundation, Inc.; providing
3510that proceeds from the sale of Support Soccer license plates
3511shall be distributed to the Florida Soccer Foundation, Inc.;
3512amending s. 320.08068, F.S.; revising use of funds received from
3513the sale of motorcycle specialty license plates; amending s.
3514320.0847, F.S., relating to license plates for mini trucks and
3515low-speed vehicles; conforming cross-references; amending s.
3516320.0848, F.S.; revising the requirements for disabled parking
3517permit renewals; requiring a permitholder to personally appear
3518to obtain a renewal or replacement permit; revising the
3519requirements for the deposit of fee proceeds from temporary
3520disabled parking permits; amending s. 320.089, F.S.; providing
3521for the issuance of a Combat Infantry Badge license plate;
3522providing qualifications and requirements for the plate;
3523providing for the use of proceeds from the sale of the plate;
3524amending s. 320.27, F.S.; exempting salvage motor vehicle
3525dealers from certain security requirements; amending s. 320.275,
3526F.S., relating to the Automobile Dealers Industry Advisory
3527Board; conforming provisions to the elimination of the Division
3528of Motor Vehicles within the department; amending s. 320.771,
3529F.S.; providing criteria for a dealer to apply for a certificate
3530of title to a recreational vehicle under certain circumstances;
3531amending s. 320.95, F.S.; authorizing the department to use
3532electronic mail addresses for the purpose of providing license
3533renewal notices; amending s. 321.02, F.S.; designating the
3534director of the Division of Highway Patrol of the department as
3535the Colonel of the Florida Highway Patrol; amending s. 322.02,
3536F.S.; providing for a director of the Division of Motorist
3537Services; amending s. 322.04, F.S.; revising provisions
3538exempting a nonresident from the requirement to obtain a
3539driver's license under certain circumstances; amending s.
3540322.051, F.S.; revising requirements by which an applicant for
3541an identification card may prove nonimmigrant classification;
3542clarifying the validity of an identification card based on
3543specified documents; providing for the department to waive the
3544fees for issuing or renewing an identification card to persons
3545who present good cause for such waiver; amending s. 322.058,
3546F.S., relating to renewal of motor vehicle registration;
3547conforming a cross-reference; amending s. 322.065, F.S.;
3548revising the period of expiration that constitutes the offense
3549of driving with an expired driver's license; amending s. 322.07,
3550F.S.; revising qualifications for obtaining a temporary
3551commercial instruction permit; amending s. 322.08, F.S.;
3552revising requirements by which an applicant for a driver's
3553license may prove nonimmigrant classification; clarifying the
3554validity of a license based on specified documents; providing
3555for driver's license application forms to allow the applicant to
3556make a voluntary contribution to Autism Services and Supports
3557and Support Our Troops, Inc.; authorizing the department to use
3558electronic mail addresses for the purposes of providing license
3559renewal notices; amending s. 322.081, F.S., relating to requests
3560to establish voluntary contributions; authorizing the department
3561to retain certain proceeds derived from the voluntary
3562contributions made on driver's license applications to cover
3563certain specified costs to the department; amending s. 322.095,
3564F.S.; requiring the curricula of traffic law and substance abuse
3565education courses to include instruction on the dangers of
3566driving while distracted; amending s. 322.12, F.S.; deleting
3567provisions requiring a separate examination for applicants for a
3568license to operate a motorcycle; requiring that the motorcycle
3569safety course for a first-time applicant include a final
3570examination; requiring that completion of the course be
3571indicated on the license; amending s. 322.121, F.S.; clarifying
3572provisions authorizing the automatic extension of a license for
3573members of the Armed Forces or their dependents while serving on
3574active duty outside the state; amending s. 322.14, F.S.;
3575deleting a requirement that applicants for specified licenses
3576appear in person for issuance of a color photographic or digital
3577imaged driver's license; creating s. 322.1415, F.S.; authorizing
3578the Department of Highway Safety and Motor Vehicles to issue a
3579specialty driver's license or identification card to qualified
3580applicants; specifying that, at a minimum, the specialty
3581driver's licenses and identification cards must be available for
3582certain state and independent universities and professional
3583sports teams and all of the branches of the United States
3584military; requiring that the design of each specialty driver's
3585license and identification card be approved by the department;
3586providing for future repeal; amending s. 322.19, F.S.; providing
3587that certain persons with a valid student identification card
3588are presumed not to have changed their legal residence or
3589mailing address; amending s. 322.20, F.S., relating to
3590department records; conforming provisions to changes made by the
3591act; amending s. 322.202, F.S.; clarifying that the Division of
3592Motorist Services is not a law enforcement agency; amending s.
3593322.21, F.S., relating to handling and collecting license fees;
3594providing for the distribution of funds collected from the
3595specialty driver's license and identification card fees;
3596conforming provisions to changes made by the act; authorizing a
3597driver to renew his or her driver's license during a specified
3598period before the license expiration date; amending s. 322.22,
3599F.S.; clarifying provisions authorizing the department to cancel
3600a driver's license; authorizing the department to cancel a
3601license upon determining that the licensee is not entitled to
3602the license; amending s. 322.2615, F.S., relating to a person's
3603right to review of a license suspension; revising provisions for
3604a formal review hearing and enforcement of a subpoena; amending
3605s. 322.34, F.S.; providing that a person who commits a certain
3606infraction shall not have a vehicle impounded or immobilized;
3607amending s. 322.53, F.S.; revising provisions exempting certain
3608farmers and drivers who operate straight trucks from the
3609requirement to obtain a commercial driver's license; amending s.
3610322.54, F.S.; requiring that the driver's license classification
3611be determined by the actual weight of the vehicle under certain
3612circumstances; repealing s. 322.58, F.S., relating to holders of
3613chauffeur's licenses; amending s. 322.59, F.S.; requiring that
3614the department disqualify a driver holding a commercial driver's
3615license who fails to comply with specified federal certification
3616requirements; amending s. 322.61, F.S.; providing that the
3617holder of a commercial driver's license is permanently
3618disqualified from operating a commercial motor vehicle following
3619two violations of specified offenses committed while operating
3620any vehicle; amending s. 322.64, F.S.; providing that a notice
3621of disqualification from operating a commercial motor vehicle
3622acts as a conviction for purposes of certain federal
3623restrictions imposed for the offense of operating a commercial
3624motor vehicle while under the influence of alcohol; deleting
3625provisions authorizing the department to impose certain
3626alternative restrictions for such offense; amending s. 328.30,
3627F.S.; authorizing the department to issue electronic
3628certificates of title for vessels and use electronic mail
3629addresses for purposes of providing renewal notices; amending s.
3630413.012, F.S., relating to a prohibition on disclosing
3631confidential records held by the department; conforming
3632provisions to changes made by the act; amending s. 713.78, F.S.,
3633relating to renewal of motor vehicle registration; conforming a
3634cross-reference; designating Edna S. Hargrett-Thrower Avenue in
3635Orange County; designating SP4 Thomas Berry Corbin Memorial
3636Highway and U.S. Navy BMC Samuel Calhoun Chavous, Jr. Memorial
3637Highway in Dixie County; designating Marine Lance Corporal Brian
3638R. Buesing Memorial Highway, United States Army Sergeant Karl A.
3639Campbell Memorial Highway, and U.S. Army SPC James A. Page
3640Memorial Highway in Levy County; designating Veterans Memorial
3641Highway in Putnam County; designating Ben G. Watts Highway in
3642Washington County; designating Mardi Gras Way, West Park
3643Boulevard, and Pembroke Park Boulevard in Broward County;
3644designating Stark Memorial Drive and Duval County Law
3645Enforcement Memorial Overpass in Duval County; designating Verna
3646Bell Way in Nassau County; designating Deputy Hal P. Croft and
3647Deputy Ronald Jackson Memorial Highway in Union County;
3648designating Dr. Oscar Elias Biscet Boulevard, Hugh Anderson
3649Boulevard, Palmetto General Hospital Way, Senator Javier D.
3650Souto Way, Reverend Max Salvadore Avenue, BRIGADA 2506 STREET,
3651Carlos Rodriguez Santana, Rev. Jorge Comesanas Way, Amadeo
3652Lopez-Castro, Jr. Road, Benjamin Leon, Jr. Way, and Miami
3653Medical Team Way in Miami-Dade County; designating Alma Lee Loy
3654Bridge in Indian River County; designating Samuel B. Love
3655Memorial Highway in Marion County; designating Elvin Martinez
3656Road in Hillsborough County; designating Whale Harbor Joe Roth,
3657Jr. Bridge in Monroe County; designating Florida Highway Patrol
3658Trooper Sgt. Nicholas G. Sottile Memorial in Highlands County;
3659designating Coach Jimmy Carnes Boulevard in Alachua County;
3660amending ss. 24 and 45, ch. 2010-230, Laws of Florida; revising
3661the designation for Miss Lillie Williams Boulevard and Father
3662Gerard Jean-Juste Street in Miami-Dade County; designating Tanya
3663Martin Oubre Pekel Street in Miami-Dade County; designating
3664Deputy Jack A. Romeis Road in Alachua County; designating Nona
3665and Papa Road in St. Johns County; designating Walter Francis
3666Spence Parkway in Okaloosa County; designating Florida's Beaches
3667and Rivers Parkway in Santa Rosa County; designating Corporal
3668Michael J. Roberts Parkway in Hillsborough County; designating
3669Harry T. and Harriette V. Moore Memorial Highway in Brevard
3670County; designating Elizabeth G. Means Memorial Boulevard,
3671Louise Steward Memorial Boulevard, and Isiah J. Williams, III,
3672Memorial Boulevard in Duval County; directing the Department of
3673Transportation to erect suitable markers; providing a short
3674title; providing for a voluntary emergency contact information
3675program established by the department; creating s. 322.145,
3676F.S.; requiring the Department of Highway Safety and Motor
3677Vehicles to implement a system providing for the electronic
3678authentication of driver's licenses; providing criteria for a
3679token for security authenticity; requiring that the department
3680contract for implementation of the electronic verification;
3681amending s. 316.066, F.S.; revising provisions requiring written
3682reports of motor vehicle crashes; revising conditions under
3683which a report must be submitted to the department; authorizing
3684the investigating officer to testify at trial or provide an
3685affidavit concerning the content of the reports; amending s.
3686316.0083, F.S.; requiring the Department of Highway Safety and
3687Motor Vehicles, a municipality, or a county to request that the
3688Department of Transportation perform a safety hazard study
3689before installing a traffic infraction detector; specifying
3690which entity is responsible for the cost of the study; providing
3691that a traffic infraction detector may not be installed unless
3692it is determined to be warranted; providing requirements for the
3693safety hazard study; providing that traffic infraction detectors
3694may not be used to issue certain violations; providing effective
3695dates.


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