Amendment
Bill No. CS/CS/SB 1150
Amendment No. 735831
CHAMBER ACTION
Senate House
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1Representative Steinberg offered the following:
2
3     Substitute Amendment for Amendment (162081) (with title
4amendment)
5     Remove everything after the enacting clause and insert:
6
7     Section 1.  Section 20.24, Florida Statutes, is amended to
8read:
9     20.24  Department of Highway Safety and Motor Vehicles.-
10There is created a Department of Highway Safety and Motor
11Vehicles.
12     (1)  The head of the Department of Highway Safety and Motor
13Vehicles is the Governor and Cabinet. An executive director
14shall serve at the pleasure of the Governor and Cabinet. The
15executive director may establish a command, operational, and
16administrative services structure to assist, manage, and support
17the department in operating programs and delivering services.
18     (2)  The following divisions, and bureaus within the
19divisions, of the Department of Highway Safety and Motor
20Vehicles are established:
21     (a)  Division of the Florida Highway Patrol.
22     (b)  Division of Motorist Services.
23     (b)  Division of Driver Licenses.
24     (c)  Division of Motor Vehicles.
25     Section 2.  Subsection (9) of section 261.03, Florida
26Statutes, is amended to read:
27     261.03  Definitions.-As used in this chapter, the term:
28     (9)  "ROV" means any motorized recreational off-highway
29vehicle 64 inches or less in width, having a dry weight of 2,000
30pounds or less, designed to travel on four or more nonhighway
31tires, having nonstraddle seating and a steering wheel, and
32manufactured for recreational use by one or more persons. The
33term "ROV" does not include a golf cart as defined in ss.
34320.01(22) and 316.003(68) or a low-speed vehicle as defined in
35s. 320.01(42).
36     Section 3.  Paragraph (e) of subsection (2) of section
37288.816, Florida Statutes, is amended to read:
38     288.816  Intergovernmental relations.-
39     (2)  The Office of Tourism, Trade, and Economic Development
40shall be responsible for all consular relations between the
41state and all foreign governments doing business in Florida. The
42office shall monitor United States laws and directives to ensure
43that all federal treaties regarding foreign privileges and
44immunities are properly observed. The office shall promulgate
45rules which shall:
46     (e)  Verify entitlement to issuance of special motor
47vehicle license plates by the Division of Motor Vehicles of the
48Department of Highway Safety and Motor Vehicles to honorary
49consuls or such other officials representing foreign governments
50who are not entitled to issuance of special Consul Corps license
51plates by the United States Government.
52     Section 4.  Paragraph (a) of subsection (3) of section
53311.121, Florida Statutes, is amended to read:
54     311.121  Qualifications, training, and certification of
55licensed security officers at Florida seaports.-
56     (3)  The Seaport Security Officer Qualification, Training,
57and Standards Coordinating Council is created under the
58Department of Law Enforcement.
59     (a)  The executive director of the Department of Law
60Enforcement shall appoint 11 members to the council, to include:
61     1.  The seaport administrator of the Department of Law
62Enforcement.
63     2.  The Commissioner of Education or his or her designee.
64     3.  The director of the Division of Licensing of the
65Department of Agriculture and Consumer Services.
66     4.  The administrator of the Florida Seaport Transportation
67and Economic Development Council.
68     5.  Two seaport security directors from seaports designated
69under s. 311.09.
70     6.  One director of a state law enforcement academy.
71     7.  One representative of a local law enforcement agency.
72     8.  Two representatives of contract security services.
73     9.  One representative of the Division of Driver Licenses
74of the Department of Highway Safety and Motor Vehicles.
75     Section 5.  Subsections (2) and (21) of section 316.003,
76Florida Statutes, are amended, and subsection (89) is added to
77that section, to read:
78     316.003  Definitions.-The following words and phrases, when
79used in this chapter, shall have the meanings respectively
80ascribed to them in this section, except where the context
81otherwise requires:
82     (2)  BICYCLE.-Every vehicle propelled solely by human
83power, and every motorized bicycle propelled by a combination of
84human power and a an electric helper motor capable of propelling
85the vehicle at a speed of not more than 20 miles per hour on
86level ground upon which any person may ride, having two tandem
87wheels, and including any device generally recognized as a
88bicycle though equipped with two front or two rear wheels. The
89term does not include such a vehicle with a seat height of no
90more than 25 inches from the ground when the seat is adjusted to
91its highest position or a scooter or similar device. No person
92under the age of 16 may operate or ride upon a motorized
93bicycle.
94     (21)  MOTOR VEHICLE.-Any self-propelled vehicle not
95operated upon rails or guideway, but not including any bicycle,
96motorized scooter, electric personal assistive mobility device,
97swamp buggy, or moped.
98     (89)  SWAMP BUGGY.-A motorized off-road vehicle designed to
99travel over swampy terrain, which may use large tires or tracks
100operated from an elevated platform, and may be used upon varied
101terrain. A swamp buggy does not include any vehicle defined in
102chapter 261 or otherwise defined or classified in this chapter.
103A swamp buggy may not be operated upon the public roads,
104streets, or highways of this state, except to the extent
105specifically authorized by a state or federal agency to be used
106exclusively upon lands, managed, owned, or leased by that
107agency.
108     Section 6.  For the purpose of incorporating the amendment
109made by chapter 2010-163, Laws of Florida, to section 316.066,
110Florida Statutes, in a reference thereto, subsection (4) of
111section 316.065, Florida Statutes, is reenacted retroactive to
112July 1, 2010, to read:
113     316.065  Crashes; reports; penalties.-
114     (4)  Any person who knowingly repairs a motor vehicle
115without having made a report as required by subsection (3) is
116guilty of a misdemeanor of the first degree, punishable as
117provided in s. 775.082 or s. 775.083. The owner and driver of a
118vehicle involved in a crash who makes a report thereof in
119accordance with subsection (1) or s. 316.066(1) is not liable
120under this section.
121     Section 7.  Section 316.1303, Florida Statutes, is amended
122to read:
123     316.1303  Traffic regulations to assist mobility-impaired
124persons.-
125     (1)  Whenever a pedestrian is in the process of crossing a
126public street or highway and the pedestrian is mobility impaired
127mobility-impaired (using a guide dog or service animal
128designated as such with a visible means of identification, a
129walker, a crutch, an orthopedic cane, or a wheelchair), the
130driver of every vehicle approaching the intersection, as defined
131in s. 316.003(17), shall bring his or her vehicle to a full stop
132before arriving at such intersection and, before proceeding,
133shall take such precautions as may be necessary to avoid
134injuring such pedestrian.
135     (2)  A person with impaired mobility who is using a
136motorized wheelchair or scooter on a sidewalk may temporarily
137leave the sidewalk and use the roadway to avoid a potential
138conflict, if no alternative route exists. A law enforcement
139officer may issue a warning to such person, but may not issue a
140citation for a violation of subsection (1) to a person described
141in this subsection.
142     (3)  A person who is convicted of a violation of subsection
143(1) this section shall be punished as provided in s. 318.18(3).
144     Section 8.  Section 316.1957, Florida Statutes, is amended
145to read:
146     316.1957  Parking violations; designated parking spaces for
147persons who have disabilities.-When evidence is presented in any
148court of the fact that any motor vehicle was parked in a
149properly designated parking space for persons who have
150disabilities in violation of s. 316.1955, it is prima facie
151evidence that the vehicle was parked and left in the space by
152the person, firm, or corporation in whose name the vehicle is
153registered and licensed according to the records of the
154department Division of Motor Vehicles.
155     Section 9.  Paragraph (d) of subsection (3) and subsections
156(5) and (8) of section 316.2065, Florida Statutes, are amended
157to read:
158     316.2065  Bicycle regulations.-
159     (3)
160     (d)  A bicycle rider or passenger who is under 16 years of
161age must wear a bicycle helmet that is properly fitted and is
162fastened securely upon the passenger's head by a strap, and that
163meets the federal safety standard for bicycle helmets, final
164rule, 16 C.F.R. part 1203. Helmets purchased before October 1,
1652011, and meeting standards of the American National Standards
166Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards
167of the Snell Memorial Foundation (1984 Standard for Protective
168Headgear for Use in Bicycling), or any other nationally
169recognized standards for bicycle helmets adopted by the
170department may continue to be worn by riders or passengers until
171January 1, 2015. As used in this subsection, the term
172"passenger" includes a child who is riding in a trailer or
173semitrailer attached to a bicycle.
174     (5)(a)  Any person operating a bicycle upon a roadway at
175less than the normal speed of traffic at the time and place and
176under the conditions then existing shall ride in the lane marked
177for bicycle use or, if no lane is marked for bicycle use, as
178close as practicable to the right-hand curb or edge of the
179roadway except under any of the following situations:
180     1.  When overtaking and passing another bicycle or vehicle
181proceeding in the same direction.
182     2.  When preparing for a left turn at an intersection or
183into a private road or driveway.
184     3.  When reasonably necessary to avoid any condition or
185potential conflict, including, but not limited to, a fixed or
186moving object, parked or moving vehicle, bicycle, pedestrian,
187animal, surface hazard, turn lane, or substandard-width lane,
188which that makes it unsafe to continue along the right-hand curb
189or edge or within a bicycle lane. For the purposes of this
190subsection, a "substandard-width lane" is a lane that is too
191narrow for a bicycle and another vehicle to travel safely side
192by side within the lane.
193     (b)  Any person operating a bicycle upon a one-way highway
194with two or more marked traffic lanes may ride as near the left-
195hand curb or edge of such roadway as practicable.
196     (8)  Every bicycle in use between sunset and sunrise shall
197be equipped with a lamp on the front exhibiting a white light
198visible from a distance of at least 500 feet to the front and a
199lamp and reflector on the rear each exhibiting a red light
200visible from a distance of 600 feet to the rear. A bicycle or
201its rider may be equipped with lights or reflectors in addition
202to those required by this section. A law enforcement officer may
203issue a bicycle safety brochure and a verbal warning to a
204bicycle rider who violates this subsection. A bicycle rider who
205violates this subsection may be issued a citation by a law
206enforcement officer and assessed a fine for a pedestrian
207violation, as provided in s. 318.18. The court shall dismiss the
208charge against a bicycle rider for a first violation of this
209subsection upon proof of purchase and installation of the proper
210lighting equipment.
211     Section 10.  Subsection (3) of section 316.2085, Florida
212Statutes, is amended to read:
213     316.2085  Riding on motorcycles or mopeds.-
214     (3)  The license tag of a motorcycle or moped must be
215permanently affixed to the vehicle and remain clearly visible
216from the rear at all times may not be adjusted or capable of
217being flipped up. Any deliberate act to conceal or obscure No
218device for or method of concealing or obscuring the legibility
219of the license tag of a motorcycle is prohibited shall be
220installed or used. The license tag of a motorcycle or moped may
221be affixed horizontally to the ground so that the numbers and
222letters read from left to right. Alternatively, a Florida
223license tag for a motorcycle or moped for which the numbers and
224letters read from top to bottom may be affixed perpendicularly
225to the ground, provided that the registered owner of the
226motorcycle or moped maintains a prepaid toll account in good
227standing and a transponder associated with the prepaid toll
228account is affixed to the motorcycle or moped. A license tag for
229a motorcycle or moped issued by another jurisdiction for which
230the numbers and letters read from top to bottom may be affixed
231perpendicularly to the ground.
232     Section 11.  Section 316.2122, Florida Statutes, is amended
233to read:
234     316.2122  Operation of a low-speed vehicle or mini truck on
235certain roadways.-The operation of a low-speed vehicle as
236defined in s. 320.01(42) or a mini truck as defined in s.
237320.01(45) on any road as defined in s. 334.03(15) or (33) is
238authorized with the following restrictions:
239     (1)  A low-speed vehicle or mini truck may be operated only
240on streets where the posted speed limit is 35 miles per hour or
241less. This does not prohibit a low-speed vehicle or mini truck
242from crossing a road or street at an intersection where the road
243or street has a posted speed limit of more than 35 miles per
244hour.
245     (2)  A low-speed vehicle must be equipped with headlamps,
246stop lamps, turn signal lamps, taillamps, reflex reflectors,
247parking brakes, rearview mirrors, windshields, seat belts, and
248vehicle identification numbers.
249     (3)  A low-speed vehicle or mini truck must be registered
250and insured in accordance with s. 320.02 and titled pursuant to
251chapter 319.
252     (4)  Any person operating a low-speed vehicle or mini truck
253must have in his or her possession a valid driver's license.
254     (5)  A county or municipality may prohibit the operation of
255low-speed vehicles or mini trucks on any road under its
256jurisdiction if the governing body of the county or municipality
257determines that such prohibition is necessary in the interest of
258safety.
259     (6)  The Department of Transportation may prohibit the
260operation of low-speed vehicles or mini trucks on any road under
261its jurisdiction if it determines that such prohibition is
262necessary in the interest of safety.
263     Section 12.  Section 316.2124, Florida Statutes, is amended
264to read:
265     316.2124  Motorized disability access vehicles.-The
266Department of Highway Safety and Motor Vehicles is directed to
267provide, by rule, for the regulation of motorized disability
268access vehicles as described in s. 320.01(34). The department
269shall provide that motorized disability access vehicles shall be
270registered in the same manner as motorcycles and shall pay the
271same registration fee as for a motorcycle. There shall also be
272assessed, in addition to the registration fee, a $2.50 surcharge
273for motorized disability access vehicles. This surcharge shall
274be paid into the Highway Safety Operating Trust Fund. Motorized
275disability access vehicles shall not be required to be titled by
276the department. The department shall require motorized
277disability access vehicles to be subject to the same safety
278requirements as set forth in this chapter for motorcycles.
279     Section 13.  Subsection (1) of section 316.21265, Florida
280Statutes, is amended to read:
281     316.21265  Use of all-terrain vehicles, golf carts, low-
282speed vehicles, or utility vehicles by law enforcement
283agencies.-
284     (1)  Notwithstanding any provision of law to the contrary,
285any law enforcement agency in this state may operate all-terrain
286vehicles as defined in s. 316.2074, golf carts as defined in s.
287320.01(22), low-speed vehicles as defined in s. 320.01(42), or
288utility vehicles as defined in s. 320.01(43) on any street,
289road, or highway in this state while carrying out its official
290duties.
291     Section 14.  Subsection (1) of section 316.3026, Florida
292Statutes, is amended to read:
293     316.3026  Unlawful operation of motor carriers.-
294     (1)  The Office of Motor Carrier Compliance of the
295Department of Transportation may issue out-of-service orders to
296motor carriers, as defined in s. 320.01(33), who have after
297proper notice failed to pay any penalty or fine assessed by the
298department, or its agent, against any owner or motor carrier for
299violations of state law, refused to submit to a compliance
300review and provide records pursuant to s. 316.302(5) or s.
301316.70, or violated safety regulations pursuant to s. 316.302 or
302insurance requirements found in s. 627.7415. Such out-of-service
303orders shall have the effect of prohibiting the operations of
304any motor vehicles owned, leased, or otherwise operated by the
305motor carrier upon the roadways of this state, until such time
306as the violations have been corrected or penalties have been
307paid. Out-of-service orders issued under this section must be
308approved by the Secretary of Transportation or his or her
309designee. An administrative hearing pursuant to s. 120.569 shall
310be afforded to motor carriers subject to such orders.
311     Section 15.  Subsection (3) of section 316.545, Florida
312Statutes, is amended to read:
313     316.545  Weight and load unlawful; special fuel and motor
314fuel tax enforcement; inspection; penalty; review.-
315     (3)  Any person who violates the overloading provisions of
316this chapter shall be conclusively presumed to have damaged the
317highways of this state by reason of such overloading, which
318damage is hereby fixed as follows:
319     (a)  When the excess weight is 200 pounds or less than the
320maximum herein provided, the penalty shall be $10;
321     (b)  Five cents per pound for each pound of weight in
322excess of the maximum herein provided when the excess weight
323exceeds 200 pounds. However, whenever the gross weight of the
324vehicle or combination of vehicles does not exceed the maximum
325allowable gross weight, the maximum fine for the first 600
326pounds of unlawful axle weight shall be $10;
327     (c)  For a vehicle equipped with fully functional idle-
328reduction technology, any penalty shall be calculated by
329reducing the actual gross vehicle weight or the internal bridge
330weight by the certified weight of the idle-reduction technology
331or by 400 pounds, whichever is less. The vehicle operator must
332present written certification of the weight of the idle-
333reduction technology and must demonstrate or certify that the
334idle-reduction technology is fully functional at all times. This
335calculation is not allowed for vehicles described in s.
336316.535(6);
337     (d)  An apportionable apportioned motor vehicle, as defined
338in s. 320.01, operating on the highways of this state without
339being properly licensed and registered shall be subject to the
340penalties as herein provided; and
341     (e)  Vehicles operating on the highways of this state from
342nonmember International Registration Plan jurisdictions which
343are not in compliance with the provisions of s. 316.605 shall be
344subject to the penalties as herein provided.
345     Section 16.  Paragraph (a) of subsection (5) and subsection
346(10) of section 316.550, Florida Statutes, are amended to read:
347     316.550  Operations not in conformity with law; special
348permits.-
349     (5)(a)  The Department of Transportation may issue a
350wrecker special blanket permit to authorize a wrecker as defined
351in s. 320.01(40) to tow a disabled vehicle as defined in s.
352320.01(38) where the combination of the wrecker and the disabled
353vehicle being towed exceeds the maximum weight limits as
354established by s. 316.535.
355     (10)  Whenever any motor vehicle, or the combination of a
356wrecker as defined in s. 320.01(40) and a towed motor vehicle,
357exceeds any weight or dimensional criteria or special
358operational or safety stipulation contained in a special permit
359issued under the provisions of this section, the penalty
360assessed to the owner or operator shall be as follows:
361     (a)  For violation of weight criteria contained in a
362special permit, the penalty per pound or portion thereof
363exceeding the permitted weight shall be as provided in s.
364316.545.
365     (b)  For each violation of dimensional criteria in a
366special permit, the penalty shall be as provided in s. 316.516
367and penalties for multiple violations of dimensional criteria
368shall be cumulative except that the total penalty for the
369vehicle shall not exceed $1,000.
370     (c)  For each violation of an operational or safety
371stipulation in a special permit, the penalty shall be an amount
372not to exceed $1,000 per violation and penalties for multiple
373violations of operational or safety stipulations shall be
374cumulative except that the total penalty for the vehicle shall
375not exceed $1,000.
376     (d)  For violation of any special condition that has been
377prescribed in the rules of the Department of Transportation and
378declared on the permit, the vehicle shall be determined to be
379out of conformance with the permit and the permit shall be
380declared null and void for the vehicle, and weight and
381dimensional limits for the vehicle shall be as established in s.
382316.515 or s. 316.535, whichever is applicable, and:
383     1.  For weight violations, a penalty as provided in s.
384316.545 shall be assessed for those weights which exceed the
385limits thus established for the vehicle; and
386     2.  For dimensional, operational, or safety violations, a
387penalty as established in paragraph (c) or s. 316.516, whichever
388is applicable, shall be assessed for each nonconforming
389dimensional, operational, or safety violation and the penalties
390for multiple violations shall be cumulative for the vehicle.
391     Section 17.  Subsection (5) of section 316.613, Florida
392Statutes, is renumbered as subsection (6), and a new subsection
393(5) is added to that section to read:
394     316.613  Child restraint requirements.-
395     (5)  The child restraint requirements imposed by this
396section do not apply to a chauffeur-driven taxi, limousine,
397sedan, van, bus, motor coach, or other passenger vehicle if the
398operator and the motor vehicle are hired and used for the
399transportation of persons for compensation. It is the obligation
400and responsibility of the parent, guardian, or other person
401responsible for a child's welfare, as defined in s. 39.01(47),
402to comply with the requirements of this section.
403     Section 18.  Effective July 1, 2012, subsection (1) and
404paragraph (b) of subsection (2) of section 316.613, Florida
405Statutes, are amended, and subsection (7) is added to that
406section, to read:
407     316.613  Child restraint requirements.-
408     (1)(a)  Each Every operator of a motor vehicle as defined
409herein, while transporting a child in a motor vehicle operated
410on the roadways, streets, or highways of this state, shall, if
411the child is 7 5 years of age or younger and is less than 4 feet
4129 inches in height, provide for protection of the child by
413properly using a crash-tested, federally approved child
414restraint device that is appropriate for the height and weight
415of the child. The device may include a vehicle manufacturer's
416integrated child seat, a separate child safety seat, or a child
417booster seat that displays the child's weight and height
418specifications for the seat on the attached manufacturer's label
419as required by Federal Motor Vehicle Safety Standard No. 213.
420The device must comply with the standards of the United States
421Department of Transportation and be secured in the motor vehicle
422in accordance with the manufacturer's instructions. The court
423may dismiss the charge against a motor vehicle operator for a
424first violation of this subsection upon proof that a federally
425approved child restraint device has been purchased or otherwise
426obtained.
427     (b)  For children aged through 3 years, such restraint
428device must be a separate carrier or a vehicle manufacturer's
429integrated child seat.
430     (c)  For children aged 4 through 7 5 years who are less
431than 4 feet 9 inches in height, a separate carrier, an
432integrated child seat, or a child booster seat belt may be used.
433However, the requirement to use a child booster seat does not
434apply when a separate carrier, integrated child seat, or seat
435belt as required in s. 316.614(4)(a) is used and the person is:
436     1.  Transporting the child gratuitously and in good faith
437in response to a declared emergency situation or an immediate
438emergency involving the child; or
439     2.  Transporting a child whose medical condition
440necessitates an exception as evidenced by appropriate
441documentation from a health professional.
442     (d)(b)  The Division of Motor Vehicles shall provide notice
443of the requirement for child restraint devices, which notice
444shall accompany the delivery of each motor vehicle license tag.
445     (2)  As used in this section, the term "motor vehicle"
446means a motor vehicle as defined in s. 316.003 that is operated
447on the roadways, streets, and highways of the state. The term
448does not include:
449     (b)  A bus or a passenger vehicle designed to accommodate
45010 or more persons and used for the transportation of persons
451for compensation, other than a bus regularly used to transport
452children to or from school, as defined in s. 316.615(1)(b), or
453in conjunction with school activities.
454     (7)  It is the legislative intent that the child-restraint
455requirements imposed by this section shall not apply to a
456chauffeur-driven taxi, limousine, sedan, van, bus, motor coach,
457or other passenger vehicle if the operator and the motor vehicle
458are hired and used for transporting persons for compensation. It
459shall be the obligation and responsibility of the parent,
460guardian, or other person responsible for a child's welfare as
461defined in s. 39.01(47), to comply with the requirements of this
462section.
463     Section 19.  Effective July 1, 2011, a driver of a motor
464vehicle who does not violate the then-existing provisions of s.
465316.613(1)(c), Florida Statutes, but whose conduct would violate
466that provision, as amended July 1, 2012, shall be issued a
467verbal warning and given educational literature by a law
468enforcement officer.
469     Section 20.  Subsection (9) of section 317.0003, Florida
470Statutes, is amended to read:
471     317.0003  Definitions.-As used in this chapter, the term:
472     (9)  "ROV" means any motorized recreational off-highway
473vehicle 64 inches or less in width, having a dry weight of 2,000
474pounds or less, designed to travel on four or more nonhighway
475tires, having nonstraddle seating and a steering wheel, and
476manufactured for recreational use by one or more persons. The
477term "ROV" does not include a golf cart as defined in ss.
478320.01(22) and 316.003(68) or a low-speed vehicle as defined in
479s. 320.01(42).
480     Section 21.  Section 317.0016, Florida Statutes, is amended
481to read:
482     317.0016  Expedited service; applications; fees.-The
483department shall provide, through its agents and for use by the
484public, expedited service on title transfers, title issuances,
485duplicate titles, and recordation of liens, and certificates of
486repossession. A fee of $7 shall be charged for this service,
487which is in addition to the fees imposed by ss. 317.0007 and
488317.0008, and $3.50 of this fee shall be retained by the
489processing agency. All remaining fees shall be deposited in the
490Incidental Trust Fund of the Division of Forestry of the
491Department of Agriculture and Consumer Services. Application for
492expedited service may be made by mail or in person. The
493department shall issue each title applied for pursuant to this
494section within 5 working days after receipt of the application
495except for an application for a duplicate title certificate
496covered by s. 317.0008(3), in which case the title must be
497issued within 5 working days after compliance with the
498department's verification requirements.
499     Section 22.  Subsection (9) and paragraph (a) of subsection
500(10) of section 318.14, Florida Statutes, are amended to read:
501     318.14  Noncriminal traffic infractions; exception;
502procedures.-
503     (9)  Any person who does not hold a commercial driver's
504license and who is cited while driving a noncommercial motor
505vehicle for an infraction under this section other than a
506violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
507driver exceeds the posted limit by 30 miles per hour or more, s.
508320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
509322.61, or s. 322.62 may, in lieu of a court appearance, elect
510to attend in the location of his or her choice within this state
511a basic driver improvement course approved by the Department of
512Highway Safety and Motor Vehicles. In such a case, adjudication
513must be withheld and points, as provided by s. 322.27, may not
514be assessed. However, a person may not make an election under
515this subsection if the person has made an election under this
516subsection in the preceding 12 months. A person may make no more
517than five elections within his or her lifetime under this
518subsection. The requirement for community service under s.
519318.18(8) is not waived by a plea of nolo contendere or by the
520withholding of adjudication of guilt by a court. If a person
521makes an election to attend a basic driver improvement course
522under this subsection, 18 percent of the civil penalty imposed
523under s. 318.18(3) shall be deposited in the State Courts
524Revenue Trust Fund; however, that portion is not revenue for
525purposes of s. 28.36 and may not be used in establishing the
526budget of the clerk of the court under that section or s. 28.35.
527     (10)(a)  Any person who does not hold a commercial driver's
528license and who is cited while driving a noncommercial motor
529vehicle for an offense listed under this subsection may, in lieu
530of payment of fine or court appearance, elect to enter a plea of
531nolo contendere and provide proof of compliance to the clerk of
532the court, designated official, or authorized operator of a
533traffic violations bureau. In such case, adjudication shall be
534withheld; however, no election shall be made under this
535subsection if such person has made an election under this
536subsection in the 12 months preceding election hereunder. No
537person may make more than three elections under this subsection.
538This subsection applies to the following offenses:
539     1.  Operating a motor vehicle without a valid driver's
540license in violation of the provisions of s. 322.03, s. 322.065,
541or s. 322.15(1), or operating a motor vehicle with a license
542that has been suspended for failure to appear, failure to pay
543civil penalty, or failure to attend a driver improvement course
544pursuant to s. 322.291.
545     2.  Operating a motor vehicle without a valid registration
546in violation of s. 320.0605, s. 320.07, or s. 320.131.
547     3.  Operating a motor vehicle in violation of s. 316.646.
548     4.  Operating a motor vehicle with a license that has been
549suspended under s. 61.13016 or s. 322.245 for failure to pay
550child support or for failure to pay any other financial
551obligation as provided in s. 322.245; however, this subparagraph
552does not apply if the license has been suspended pursuant to s.
553322.245(1).
554     5.  Operating a motor vehicle with a license that has been
555suspended under s. 322.091 for failure to meet school attendance
556requirements.
557     Section 23.  Paragraph (a) of subsection (2) of section
558318.1451, Florida Statutes, is amended to read:
559     318.1451  Driver improvement schools.-
560     (2)(a)  In determining whether to approve the courses
561referenced in this section, the department shall consider course
562content designed to promote safety, driver awareness, crash
563avoidance techniques, the dangers of driving while distracted,
564which must specifically include the use of technology while
565driving, and other factors or criteria to improve driver
566performance from a safety viewpoint.
567     Section 24.  Paragraph (a) of subsection (1) of section
568318.15, Florida Statutes, is amended, and paragraph (c) is added
569to that subsection, to read:
570     318.15  Failure to comply with civil penalty or to appear;
571penalty.-
572     (1)(a)  If a person fails to comply with the civil
573penalties provided in s. 318.18 within the time period specified
574in s. 318.14(4), fails to enter into or comply with the terms of
575a penalty payment plan with the clerk of the court in accordance
576with ss. 318.14 and 28.246, fails to attend driver improvement
577school, or fails to appear at a scheduled hearing, the clerk of
578the court shall notify the Division of Driver Licenses of the
579Department of Highway Safety and Motor Vehicles of such failure
580within 10 days after such failure. Upon receipt of such notice,
581the department shall immediately issue an order suspending the
582driver's license and privilege to drive of such person effective
58320 days after the date the order of suspension is mailed in
584accordance with s. 322.251(1), (2), and (6). Any such suspension
585of the driving privilege which has not been reinstated,
586including a similar suspension imposed outside Florida, shall
587remain on the records of the department for a period of 7 years
588from the date imposed and shall be removed from the records
589after the expiration of 7 years from the date it is imposed.
590     (c)  A person charged with a traffic infraction may request
591a hearing within 180 days after the date of the violation,
592regardless of any action taken by the court or the department to
593suspend the driving privilege of the person, and, upon request,
594the clerk must set the case for hearing. The person shall be
595given a form for requesting that the driving privilege be
596reinstated. If the 180th day after the date of the violation is
597a Saturday, Sunday, or a legal holiday, then the person charged
598must request the hearing within 177 days after the violation;
599however, the court may grant a request for a hearing made after
600180 days after the alleged offense. This paragraph does not
601affect the assessment of late fees as otherwise provided in this
602chapter.
603     Section 25.  Section 319.14, Florida Statutes, is amended
604to read:
605     319.14  Sale of motor vehicles registered or used as
606taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
607and nonconforming vehicles, custom vehicles, or street rod
608vehicles.-
609     (1)(a)  A No person may not shall knowingly offer for sale,
610sell, or exchange any vehicle that has been licensed,
611registered, or used as a taxicab, police vehicle, or short-term-
612lease vehicle, or a vehicle that has been repurchased by a
613manufacturer pursuant to a settlement, determination, or
614decision under chapter 681, until the department has stamped in
615a conspicuous place on the certificate of title of the vehicle,
616or its duplicate, words stating the nature of the previous use
617of the vehicle or the title has been stamped "Manufacturer's Buy
618Back" to reflect that the vehicle is a nonconforming vehicle. If
619the certificate of title or duplicate was not so stamped upon
620initial issuance thereof or if, subsequent to initial issuance
621of the title, the use of the vehicle is changed to a use
622requiring the notation provided for in this section, the owner
623or lienholder of the vehicle shall surrender the certificate of
624title or duplicate to the department before prior to offering
625the vehicle for sale, and the department shall stamp the
626certificate or duplicate as required herein. If When a vehicle
627has been repurchased by a manufacturer pursuant to a settlement,
628determination, or decision under chapter 681, the title shall be
629stamped "Manufacturer's Buy Back" to reflect that the vehicle is
630a nonconforming vehicle.
631     (b)  A No person may not shall knowingly offer for sale,
632sell, or exchange a rebuilt vehicle until the department has
633stamped in a conspicuous place on the certificate of title for
634the vehicle words stating that the vehicle has been rebuilt or
635assembled from parts, or is a kit car, glider kit, replica, or
636flood vehicle, custom vehicle, or street rod vehicle unless
637proper application for a certificate of title for a vehicle that
638is rebuilt or assembled from parts, or is a kit car, glider kit,
639replica, or flood vehicle, custom vehicle, or street rod vehicle
640has been made to the department in accordance with this chapter
641and the department has conducted the physical examination of the
642vehicle to assure the identity of the vehicle and all major
643component parts, as defined in s. 319.30(1), which have been
644repaired or replaced. Thereafter, the department shall affix a
645decal to the vehicle, in the manner prescribed by the
646department, showing the vehicle to be rebuilt. A vehicle may not
647be inspected or issued a rebuilt title until all major component
648parts, as defined in s. 319.30, which were damaged have been
649repaired or replaced.
650     (c)  As used in this section, the term:
651     1.  "Police vehicle" means a motor vehicle owned or leased
652by the state or a county or municipality and used in law
653enforcement.
654     2.a.  "Short-term-lease vehicle" means a motor vehicle
655leased without a driver and under a written agreement to one or
656more persons from time to time for a period of less than 12
657months.
658     b.  "Long-term-lease vehicle" means a motor vehicle leased
659without a driver and under a written agreement to one person for
660a period of 12 months or longer.
661     c.  "Lease vehicle" includes both short-term-lease vehicles
662and long-term-lease vehicles.
663     3.  "Rebuilt vehicle" means a motor vehicle or mobile home
664built from salvage or junk, as defined in s. 319.30(1).
665     4.  "Assembled from parts" means a motor vehicle or mobile
666home assembled from parts or combined from parts of motor
667vehicles or mobile homes, new or used. "Assembled from parts"
668does not mean a motor vehicle defined as a "rebuilt vehicle" in
669subparagraph 3., which has been declared a total loss pursuant
670to s. 319.30.
671     5.  "Kit car" means a motor vehicle assembled with a kit
672supplied by a manufacturer to rebuild a wrecked or outdated
673motor vehicle with a new body kit.
674     6.  "Glider kit" means a vehicle assembled with a kit
675supplied by a manufacturer to rebuild a wrecked or outdated
676truck or truck tractor.
677     7.  "Replica" means a complete new motor vehicle
678manufactured to look like an old vehicle.
679     8.  "Flood vehicle" means a motor vehicle or mobile home
680that has been declared to be a total loss pursuant to s.
681319.30(3)(a) resulting from damage caused by water.
682     9.  "Nonconforming vehicle" means a motor vehicle which has
683been purchased by a manufacturer pursuant to a settlement,
684determination, or decision under chapter 681.
685     10.  "Settlement" means an agreement entered into between a
686manufacturer and a consumer that occurs after a dispute is
687submitted to a program, or an informal dispute settlement
688procedure established by a manufacturer or is approved for
689arbitration before the New Motor Vehicle Arbitration Board as
690defined in s. 681.102.
691     11.  "Custom vehicle" means a motor vehicle that:
692     a.  Is 25 years of age or older and of a model year after
6931948, or was manufactured to resemble a vehicle that is 25 years
694of age or older and of a model year after 1948; and
695     b.  Has been altered from the manufacturer's original
696design or has a body constructed from nonoriginal materials.
697
698The model year and year of manufacture which the body of a
699custom vehicle resembles is the model year and year of
700manufacture listed on the certificate of title, regardless of
701when the vehicle was actually manufactured.
702     12.  "Street rod" means a motor vehicle that:
703     a.  Is a model year of 1948 or older or was manufactured
704after 1948 to resemble a vehicle of a model year of 1948 or
705older; and
706     b.  Has been altered from the manufacturer's original
707design or has a body constructed from nonoriginal materials.
708
709The model year and year of manufacture which the body of a
710street rod resembles is the model year and year of manufacture
711listed on the certificate of title, regardless of when the
712vehicle was actually manufactured.
713     (2)  A No person may not shall knowingly sell, exchange, or
714transfer a vehicle referred to in subsection (1) without, before
715prior to consummating the sale, exchange, or transfer,
716disclosing in writing to the purchaser, customer, or transferee
717the fact that the vehicle has previously been titled,
718registered, or used as a taxicab, police vehicle, or short-term-
719lease vehicle, or is a vehicle that is rebuilt or assembled from
720parts, or is a kit car, glider kit, replica, or flood vehicle,
721or is a nonconforming vehicle, custom vehicle, or street rod
722vehicle, as the case may be.
723     (3)  Any person who, with intent to offer for sale or
724exchange any vehicle referred to in subsection (1), knowingly or
725intentionally advertises, publishes, disseminates, circulates,
726or places before the public in any communications medium,
727whether directly or indirectly, any offer to sell or exchange
728the vehicle shall clearly and precisely state in each such offer
729that the vehicle has previously been titled, registered, or used
730as a taxicab, police vehicle, or short-term-lease vehicle or
731that the vehicle or mobile home is a vehicle that is rebuilt or
732assembled from parts, or is a kit car, glider kit, replica, or
733flood vehicle, or is a nonconforming vehicle, custom vehicle, or
734street rod vehicle, as the case may be. Any person who violates
735this subsection commits a misdemeanor of the second degree,
736punishable as provided in s. 775.082 or s. 775.083.
737     (4)  If When a certificate of title, including a foreign
738certificate, is branded to reflect a condition or prior use of
739the titled vehicle, the brand must be noted on the registration
740certificate of the vehicle and such brand shall be carried
741forward on all subsequent certificates of title and registration
742certificates issued for the life of the vehicle.
743     (5)  Any person who knowingly sells, exchanges, or offers
744to sell or exchange a motor vehicle or mobile home contrary to
745the provisions of this section or any officer, agent, or
746employee of a person who knowingly authorizes, directs, aids in,
747or consents to the sale, exchange, or offer to sell or exchange
748a motor vehicle or mobile home contrary to the provisions of
749this section commits a misdemeanor of the second degree,
750punishable as provided in s. 775.082 or s. 775.083.
751     (6)  Any person who removes a rebuilt decal from a rebuilt
752vehicle with the intent to conceal the rebuilt status of the
753vehicle commits a felony of the third degree, punishable as
754provided in s. 775.082, s. 775.083, or s. 775.084.
755     (7)  This section applies to a mobile home, travel trailer,
756camping trailer, truck camper, or fifth-wheel recreation trailer
757only when the such mobile home or vehicle is a rebuilt vehicle
758or is assembled from parts.
759     (8)  A No person is not shall be liable or accountable in
760any civil action arising out of a violation of this section if
761the designation of the previous use or condition of the motor
762vehicle is not noted on the certificate of title and
763registration certificate of the vehicle which was received by,
764or delivered to, such person, unless the such person has
765actively concealed the prior use or condition of the vehicle
766from the purchaser.
767     (9)  Subsections (1), (2), and (3) do not apply to the
768transfer of ownership of a motor vehicle after the motor vehicle
769has ceased to be used as a lease vehicle and the ownership has
770been transferred to an owner for private use or to the transfer
771of ownership of a nonconforming vehicle with 36,000 or more
772miles on its odometer, or 34 months whichever is later and the
773ownership has been transferred to an owner for private use. Such
774owner, as shown on the title certificate, may request the
775department to issue a corrected certificate of title that does
776not contain the statement of the previous use of the vehicle as
777a lease vehicle or condition as a nonconforming vehicle.
778     Section 26.  Section 319.225, Florida Statutes, is amended
779to read:
780     319.225  Transfer and reassignment forms; odometer
781disclosure statements.-
782     (1)  Every certificate of title issued by the department
783must contain the following statement on its reverse side:
784"Federal and state law require the completion of the odometer
785statement set out below. Failure to complete or providing false
786information may result in fines, imprisonment, or both."
787     (2)  Each certificate of title issued by the department
788must contain on its reverse side a form for transfer of title by
789the titleholder of record, which form must contain an odometer
790disclosure statement in the form required by 49 C.F.R. s. 580.5.
791     (3)  Each certificate of title issued by the department
792must contain on its reverse side as many forms as space allows
793for reassignment of title by a licensed dealer as permitted by
794s. 319.21(3), which form or forms shall contain an odometer
795disclosure statement in the form required by 49 C.F.R. s. 580.5.
796When all dealer reassignment forms provided on the back of the
797title certificate have been filled in, a dealer may reassign the
798title certificate by using a separate dealer reassignment form
799issued by the department in compliance with 49 C.F.R. ss. 580.4
800and 580.5, which form shall contain an original, two carbon
801copies one of which shall be submitted directly to the
802department by the dealer within 5 business days after the
803transfer and a copy, one of which shall be retained by the
804dealer in his or her records for 5 years. The provisions of this
805subsection shall also apply to vehicles not previously titled in
806this state and vehicles whose title certificates do not contain
807the forms required by this section.
808     (4)  Upon transfer or reassignment of a certificate of
809title to a used motor vehicle, the transferor shall complete the
810odometer disclosure statement provided for by this section and
811the transferee shall acknowledge the disclosure by signing and
812printing his or her name in the spaces provided. This subsection
813does not apply to a vehicle that has a gross vehicle rating of
814more than 16,000 pounds, a vehicle that is not self-propelled,
815or a vehicle that is 10 years old or older. A lessor who
816transfers title to his or her vehicle without obtaining
817possession of the vehicle shall make odometer disclosure as
818provided by 49 C.F.R. s. 580.7. Any person who fails to complete
819or acknowledge a disclosure statement as required by this
820subsection commits is guilty of a misdemeanor of the second
821degree, punishable as provided in s. 775.082 or s. 775.083. The
822department may not issue a certificate of title unless this
823subsection has been complied with.
824     (5)  The same person may not sign a disclosure statement as
825both the transferor and the transferee in the same transaction
826except as provided in subsection (6).
827     (6)(a)  If the certificate of title is physically held by a
828lienholder, the transferor may give a power of attorney to his
829or her transferee for the purpose of odometer disclosure. The
830power of attorney must be on a form issued or authorized by the
831department, which form must be in compliance with 49 C.F.R. ss.
832580.4 and 580.13. The department shall not require the signature
833of the transferor to be notarized on the form; however, in lieu
834of notarization, the form shall include an affidavit with the
835following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
836HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
837ARE TRUE. The transferee shall sign the power of attorney form,
838print his or her name, and return a copy of the power of
839attorney form to the transferor. Upon receipt of a title
840certificate, the transferee shall complete the space for mileage
841disclosure on the title certificate exactly as the mileage was
842disclosed by the transferor on the power of attorney form. If
843the transferee is a licensed motor vehicle dealer who is
844transferring the vehicle to a retail purchaser, the dealer shall
845make application on behalf of the retail purchaser as provided
846in s. 319.23(6) and shall submit the original power of attorney
847form to the department with the application for title and the
848transferor's title certificate; otherwise, a dealer may reassign
849the title certificate by using the dealer reassignment form in
850the manner prescribed in subsection (3), and, at the time of
851physical transfer of the vehicle, the original power of attorney
852shall be delivered to the person designated as the transferee of
853the dealer on the dealer reassignment form. A copy of the
854executed power of attorney shall be submitted to the department
855with a copy of the executed dealer reassignment form within 5
856business days after the certificate of title and dealer
857reassignment form are delivered by the dealer to its transferee.
858     (b)  If the certificate of title is lost or otherwise
859unavailable, the transferor may give a power of attorney to his
860or her transferee for the purpose of odometer disclosure. The
861power of attorney must be on a form issued or authorized by the
862department, which form must be in compliance with 49 C.F.R. ss.
863580.4 and 580.13. The department shall not require the signature
864of the transferor to be notarized on the form; however, in lieu
865of notarization, the form shall include an affidavit with the
866following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
867HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
868ARE TRUE. The transferee shall sign the power of attorney form,
869print his or her name, and return a copy of the power of
870attorney form to the transferor. Upon receipt of the title
871certificate or a duplicate title certificate, the transferee
872shall complete the space for mileage disclosure on the title
873certificate exactly as the mileage was disclosed by the
874transferor on the power of attorney form. If the transferee is a
875licensed motor vehicle dealer who is transferring the vehicle to
876a retail purchaser, the dealer shall make application on behalf
877of the retail purchaser as provided in s. 319.23(6) and shall
878submit the original power of attorney form to the department
879with the application for title and the transferor's title
880certificate or duplicate title certificate; otherwise, a dealer
881may reassign the title certificate by using the dealer
882reassignment form in the manner prescribed in subsection (3),
883and, at the time of physical transfer of the vehicle, the
884original power of attorney shall be delivered to the person
885designated as the transferee of the dealer on the dealer
886reassignment form. If the dealer sells the vehicle to an out-of-
887state resident or an out-of-state dealer and the power of
888attorney form is applicable to the transaction, the dealer must
889photocopy the completed original of the form and mail it
890directly to the department within 5 business days after the
891certificate of title and dealer reassignment form are delivered
892by the dealer to the purchaser. A copy of the executed power of
893attorney shall be submitted to the department with a copy of the
894executed dealer reassignment form within 5 business days after
895the duplicate certificate of title and dealer reassignment form
896are delivered by the dealer to its transferee.
897     (c)  If the mechanics of the transfer of title to a motor
898vehicle in accordance with the provisions of paragraph (a) or
899paragraph (b) are determined to be incompatible with and
900unlawful under the provisions of 49 C.F.R. part 580, the
901transfer of title to a motor vehicle by operation of this
902subsection can be effected in any manner not inconsistent with
90349 C.F.R. part 580 and Florida law; provided, any power of
904attorney form issued or authorized by the department under this
905subsection shall contain an original, two carbon copies, one of
906which shall be submitted directly to the department by the
907dealer within 5 business days of use by the dealer to effect
908transfer of a title certificate as provided in paragraphs (a)
909and (b) and a copy, one of which shall be retained by the dealer
910in its records for 5 years.
911     (d)  Any person who fails to complete the information
912required by this subsection or to file with the department the
913forms required by this subsection commits is guilty of a
914misdemeanor of the second degree, punishable as provided in s.
915775.082 or s. 775.083. The department shall not issue a
916certificate of title unless this subsection has been complied
917with.
918     (7)  Subject to approval by the National Highway Traffic
919Safety Administration or any other applicable authority, if a
920title is held electronically and the transferee agrees to
921maintain the title electronically, the transferor and transferee
922shall complete a secure reassignment document that discloses the
923odometer reading and is signed by both the transferor and
924transferee at the tax collector's office or license plate
925agency. A dealer acquiring a motor vehicle that has an
926electronic title shall use a secure reassignment document signed
927by the person from whom the dealer acquired the motor vehicle.
928Upon transferring the motor vehicle to a purchaser, a separate
929reassignment document shall be executed.
930     (8)(7)  Each certificate of title issued by the department
931must contain on its reverse side a minimum of three four spaces
932for notation of the name and license number of any auction
933through which the vehicle is sold and the date the vehicle was
934auctioned. Each separate dealer reassignment form issued by the
935department must also have the space referred to in this section.
936When a transfer of title is made at a motor vehicle auction, the
937reassignment must note the name and address of the auction, but
938the auction shall not thereby be deemed to be the owner, seller,
939transferor, or assignor of title. A motor vehicle auction is
940required to execute a dealer reassignment only when it is the
941owner of a vehicle being sold.
942     (9)(8)  Upon transfer or reassignment of a used motor
943vehicle through the services of an auction, the auction shall
944complete the information in the space provided for by subsection
945(8) (7). Any person who fails to complete the information as
946required by this subsection commits is guilty of a misdemeanor
947of the second degree, punishable as provided in s. 775.082 or s.
948775.083. The department shall not issue a certificate of title
949unless this subsection has been complied with.
950     (10)(9)  This section shall be construed to conform to 49
951C.F.R. part 580.
952     Section 27.  Subsection (6) of section 319.23, Florida
953Statutes, is amended, present subsections (7) through (11) of
954that section are renumbered as subsections (8) through (12),
955respectively, and  a new subsection (7) is added to that
956section, to read:
957     319.23  Application for, and issuance of, certificate of
958title.-
959     (6)(a)  In the case of the sale of a motor vehicle or
960mobile home by a licensed dealer to a general purchaser, the
961certificate of title must be obtained in the name of the
962purchaser by the dealer upon application signed by the
963purchaser, and in each other case such certificate must be
964obtained by the purchaser. In each case of transfer of a motor
965vehicle or mobile home, the application for a certificate of
966title, a corrected certificate, or an assignment or reassignment
967must be filed within 30 days after the delivery of the motor
968vehicle or from consummation of the sale of a mobile home to the
969purchaser. An applicant must pay a fee of $20, in addition to
970all other fees and penalties required by law, for failing to
971file such application within the specified time. In the case of
972the sale of a motor vehicle by a licensed motor vehicle dealer
973to a general purchaser who resides in another state or country,
974the dealer is not required to apply for a certificate of title
975for the motor vehicle; however, the dealer must transfer
976ownership and reassign the certificate of title or
977manufacturer's certificate of origin to the purchaser, and the
978purchaser must sign an affidavit, as approved by the department,
979that the purchaser will title and register the motor vehicle in
980another state or country.
981     (b)  If a licensed dealer acquires a motor vehicle or
982mobile home as a trade-in, the dealer must file with the
983department, within 30 days, a notice of sale signed by the
984seller. The department shall update its database for that title
985record to indicate "sold." A licensed dealer need not apply for
986a certificate of title for any motor vehicle or mobile home in
987stock acquired for stock purposes except as provided in s.
988319.225.
989     (7)  If an applicant for a certificate of title is unable
990to provide the department with a certificate of title that
991assigns the prior owner's interest in the motor vehicle, the
992department may accept a bond in the form prescribed by the
993department, along with an affidavit in a form prescribed by the
994department, which includes verification of the vehicle
995identification number and an application for title.
996     (a)  The bond must be:
997     1.  In a form prescribed by the department;
998     2.  Executed by the applicant;
999     3.  Issued by a person authorized to conduct a surety
1000business in this state;
1001     4.  In an amount equal to two times the value of the
1002vehicle as determined by the department; and
1003     5.  Conditioned to indemnify all prior owners and
1004lienholders and all subsequent purchasers of the vehicle or
1005persons who acquire a security interest in the vehicle, and
1006their successors in interest, against any expense, loss, or
1007damage, including reasonable attorney's fees, occurring because
1008of the issuance of the certificate of title for the vehicle or
1009for a defect in or undisclosed security interest on the right,
1010title, or interest of the applicant to the vehicle.
1011     (b)  An interested person has a right to recover on the
1012bond for a breach of the bond's condition. The aggregate
1013liability of the surety to all persons may not exceed the amount
1014of the bond.
1015     (c)  A bond under this subsection expires on the third
1016anniversary of the date the bond became effective.
1017     (d)  The affidavit must:
1018     1.  Be in a form prescribed by the department;
1019     2.  Include the facts and circumstances through which the
1020applicant acquired ownership and possession of the motor
1021vehicle;
1022     3.  Disclose that no security interests, liens, or
1023encumbrances against the motor vehicle are known to the
1024applicant against the motor vehicle; and
1025     4.  State that the applicant has the right to have a
1026certificate of title issued.
1027     Section 28.  Paragraph (b) of subsection (2) of section
1028319.28, Florida Statutes, is amended, and subsection (3) is
1029added to that section, to read:
1030     319.28  Transfer of ownership by operation of law.-
1031     (2)
1032     (b)  In case of repossession of a motor vehicle or mobile
1033home pursuant to the terms of a security agreement or similar
1034instrument, an affidavit by the party to whom possession has
1035passed stating that the vehicle or mobile home was repossessed
1036upon default in the terms of the security agreement or other
1037instrument shall be considered satisfactory proof of ownership
1038and right of possession. At least 5 days before prior to selling
1039the repossessed vehicle, any subsequent lienholder named in the
1040last issued certificate of title shall be sent notice of the
1041repossession by certified mail, on a form prescribed by the
1042department. If such notice is given and no written protest to
1043the department is presented by a subsequent lienholder within 15
1044days after from the date on which the notice was mailed, the
1045certificate of title or the certificate of repossession shall be
1046issued showing no liens. If the former owner or any subsequent
1047lienholder files a written protest under oath within such 15-day
1048period, the department shall not issue the certificate of title
1049or certificate of repossession for 10 days thereafter. If within
1050the 10-day period no injunction or other order of a court of
1051competent jurisdiction has been served on the department
1052commanding it not to deliver the certificate of title or
1053certificate of repossession, the department shall deliver the
1054certificate of title or repossession to the applicant or as may
1055otherwise be directed in the application showing no other liens
1056than those shown in the application. Any lienholder who has
1057repossessed a vehicle in this state in compliance with the
1058provisions of this section must apply to a tax collector's
1059office in this state or to the department for a certificate of
1060repossession or to the department for a certificate of title
1061pursuant to s. 319.323. Proof of the required notice to
1062subsequent lienholders shall be submitted together with regular
1063title fees. A lienholder to whom a certificate of repossession
1064has been issued may assign the certificate of title to the
1065subsequent owner. Any person who violates found guilty of
1066violating any requirements of this paragraph commits shall be
1067guilty of a felony of the third degree, punishable as provided
1068in s. 775.082, s. 775.083, or s. 775.084.
1069     (3)  A dealer of farm or industrial equipment, as those
1070terms are used in s. 493.6101(22), conducting a repossession of
1071such equipment is not subject to licensure as a recovery agent
1072or recovery agency if such dealer is regularly engaged in the
1073sale of such equipment for a particular manufacturer and the
1074lender is affiliated with that manufacturer.
1075     Section 29.  Section 319.323, Florida Statutes, is amended
1076to read:
1077     319.323  Expedited service; applications; fees.-The
1078department shall establish a separate title office which may be
1079used by private citizens and licensed motor vehicle dealers to
1080receive expedited service on title transfers, title issuances,
1081duplicate titles, and recordation of liens, and certificates of
1082repossession. A fee of $10 shall be charged for this service,
1083which fee is in addition to the fees imposed by s. 319.32. The
1084fee, after deducting the amount referenced by s. 319.324 and
1085$3.50 to be retained by the processing agency, shall be
1086deposited into the General Revenue Fund. Application for
1087expedited service may be made by mail or in person. The
1088department shall issue each title applied for under this section
1089within 5 working days after receipt of the application except
1090for an application for a duplicate title certificate covered by
1091s. 319.23(4), in which case the title must be issued within 5
1092working days after compliance with the department's verification
1093requirements.
1094     Section 30.  Section 319.40, Florida Statutes, is amended
1095to read:
1096     319.40  Transactions by electronic or telephonic means.-
1097     (1)  The department may is authorized to accept any
1098application provided for under this chapter by electronic or
1099telephonic means.
1100     (2)  The department may issue an electronic certificate of
1101title in lieu of printing a paper title.
1102     (3)  The department may collect and use electronic mail
1103addresses as a notification method in lieu of the United States
1104Postal Service, except for any notice regarding the potential
1105forfeiture or foreclosure of an interest in property.
1106     Section 31.  Paragraph (a) of subsection (1) of section
1107320.01, Florida Statutes, is amended, present subsections (24)
1108through (45) are renumbered as subsections (23) through (44),
1109respectively, present subsections (23), (25), and (26) are
1110amended, and a new subsection (45) is added to that section, to
1111read:
1112     320.01  Definitions, general.-As used in the Florida
1113Statutes, except as otherwise provided, the term:
1114     (1)  "Motor vehicle" means:
1115     (a)  An automobile, motorcycle, truck, trailer,
1116semitrailer, truck tractor and semitrailer combination, or any
1117other vehicle operated on the roads of this state, used to
1118transport persons or property, and propelled by power other than
1119muscular power, but the term does not include traction engines,
1120road rollers, special mobile equipment as defined in chapter
1121316, such vehicles as run only upon a track, bicycles, swamp
1122buggies, or mopeds.
1123     (23)  "Apportioned motor vehicle" means any motor vehicle
1124which is required to be registered, or with respect to which an
1125election has been made to register it, under the International
1126Registration Plan.
1127     (24)(25)  "Apportionable vehicle" means any vehicle, except
1128recreational vehicles, vehicles displaying restricted plates,
1129city pickup and delivery vehicles, buses used in transportation
1130of chartered parties, and government-owned vehicles, which is
1131used or intended for use in two or more member jurisdictions
1132that allocate or proportionally register vehicles and which is
1133used for the transportation of persons for hire or is designed,
1134used, or maintained primarily for the transportation of property
1135and:
1136     (a)  Is a power unit having a gross vehicle weight in
1137excess of 26,000 26,001 pounds;
1138     (b)  Is a power unit having three or more axles, regardless
1139of weight; or
1140     (c)  Is used in combination, when the weight of such
1141combination exceeds 26,000 26,001 pounds gross vehicle weight.
1142
1143Vehicles, or combinations thereof, having a gross vehicle weight
1144of 26,000 26,001 pounds or less and two-axle vehicles may be
1145proportionally registered.
1146     (25)(26)  "Commercial motor vehicle" means any vehicle that
1147which is not owned or operated by a governmental entity, that
1148which uses special fuel or motor fuel on the public highways,
1149and that which has a gross vehicle weight of 26,001 pounds or
1150more, or has three or more axles regardless of weight, or is
1151used in combination when the weight of such combination exceeds
115226,000 26,001 pounds gross vehicle weight. A vehicle that
1153occasionally transports personal property to and from a closed-
1154course motorsport facility, as defined in s. 549.09(1)(a), is
1155not a commercial motor vehicle if the use is not for profit and
1156corporate sponsorship is not involved. As used in this
1157subsection, the term "corporate sponsorship" means a payment,
1158donation, gratuity, in-kind service, or other benefit provided
1159to or derived by a person in relation to the underlying
1160activity, other than the display of product or corporate names,
1161logos, or other graphic information on the property being
1162transported.
1163     (45)  SWAMP BUGGY.-A motorized off-road vehicle designed to
1164travel over swampy terrain, which may utilize large tires or
1165tracks operated from an elevated platform, and may be used upon
1166varied terrain. A swamp buggy does not include any vehicle
1167defined in chapter 261 or otherwise defined or classified in
1168this chapter. A swamp buggy may not be operated upon the public
1169roads, streets, or highways of this state, except to the extent
1170specifically authorized by a state or federal agency to be used
1171exclusively upon lands, managed, owned, or leased by that
1172agency.
1173     Section 32.  Subsection (2) of section 320.02, Florida
1174Statutes, is amended, paragraphs (o), (p), (q), and (r) are
1175added to subsection (15), and subsection (18) is added to that
1176section, to read:
1177     320.02  Registration required; application for
1178registration; forms.-
1179     (2)(a)  The application for registration shall include the
1180street address of the owner's permanent residence or the address
1181of his or her permanent place of business and shall be
1182accompanied by personal or business identification information
1183which may include, but need not be limited to, a driver's
1184license number, Florida identification card number, or federal
1185employer identification number. If the owner does not have a
1186permanent residence or permanent place of business or if the
1187owner's permanent residence or permanent place of business
1188cannot be identified by a street address, the application shall
1189include:
1190     1.  If the vehicle is registered to a business, the name
1191and street address of the permanent residence of an owner of the
1192business, an officer of the corporation, or an employee who is
1193in a supervisory position.
1194     2.  If the vehicle is registered to an individual, the name
1195and street address of the permanent residence of a close
1196relative or friend who is a resident of this state.
1197
1198If the vehicle is registered to an active-duty military member
1199who is a Florida resident, the member is exempt from the
1200requirement to provide a Florida residential address.
1201     (b)  The department shall prescribe a form upon which motor
1202vehicle owners may record odometer readings when registering
1203their motor vehicles.
1204     (15)
1205     (o)  The application form for motor vehicle registration
1206and renewal registration must include language permitting the
1207voluntary contribution of $1 to End Hunger in Florida. The
1208proceeds shall be distributed monthly by the department to the
1209Florida Association of Food Banks, Inc., a corporation not for
1210profit under s. 501(c)(3) of the Internal Revenue Code. The
1211funds shall be used by the organization for the purpose of
1212ending hunger in Florida.
1213     (p)  The application form for motor vehicle registration
1214and renewal of registration must include language permitting a
1215voluntary contribution of $1 to Take Stock In Children. Such
1216contributions shall be transferred by the department each month
1217to Take Stock In Children, Inc.
1218     (q)  The application form for motor vehicle registration
1219and renewal of registration must include language permitting a
1220voluntary contribution of $1 per applicant for Autism Services
1221and Supports. Such contributions must be transferred by the
1222department each month to the Achievement and Rehabilitation
1223Centers, Inc., Autism Services Fund.
1224     (r)  The application form for motor vehicle registration
1225and renewal of registration must include language permitting a
1226voluntary contribution of $1 to Support Our Troops, which shall
1227be distributed monthly to Support Our Troops, Inc., a Florida
1228not-for-profit organization.
1229
1230For the purpose of applying the service charge provided in s.
1231215.20, contributions received under this subsection are not
1232income of a revenue nature.
1233     (18)  All electronic registration records shall be retained
1234by the department for not less than 10 years.
1235     Section 33.  Subsection (9) is added to section 320.023,
1236Florida Statutes, to read:
1237     320.023  Requests to establish voluntary checkoff on motor
1238vehicle registration application.-
1239     (9)  The department may annually retain from the first
1240proceeds derived from the voluntary contributions collected an
1241amount sufficient to defray for each voluntary contribution the
1242pro rata share of the department's costs directly related to the
1243voluntary contributions program. Such costs include renewal
1244notices, postage, distribution costs, direct costs to the
1245department, and costs associated with reviewing each
1246organization's compliance with the audit and attestation
1247requirements of this section. The revenues retained by the
1248department may not be less than 0.5 percent and may not exceed
12491.5 percent. The balance of the proceeds from the voluntary
1250contributions collected shall be distributed as provided by law.
1251     Section 34.  Subsections (7) and (8) of section 320.03,
1252Florida Statutes, are amended to read:
1253     320.03  Registration; duties of tax collectors;
1254International Registration Plan.-
1255     (7)  The Department of Highway Safety and Motor Vehicles
1256shall register apportionable apportioned motor vehicles under
1257the provisions of the International Registration Plan. The
1258department may adopt rules to implement and enforce the
1259provisions of the plan.
1260     (8)  If the applicant's name appears on the list referred
1261to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1262license plate or revalidation sticker may not be issued until
1263that person's name no longer appears on the list or until the
1264person presents a receipt from the governmental entity or the
1265clerk of court that provided the data showing that the fines
1266outstanding have been paid. This subsection does not apply to
1267the owner of a leased vehicle if the vehicle is registered in
1268the name of the lessee of the vehicle. The tax collector and the
1269clerk of the court are each entitled to receive monthly, as
1270costs for implementing and administering this subsection, 10
1271percent of the civil penalties and fines recovered from such
1272persons. As used in this subsection, the term "civil penalties
1273and fines" does not include a wrecker operator's lien as
1274described in s. 713.78(13). If the tax collector has private tag
1275agents, such tag agents are entitled to receive a pro rata share
1276of the amount paid to the tax collector, based upon the
1277percentage of license plates and revalidation stickers issued by
1278the tag agent compared to the total issued within the county.
1279The authority of any private agent to issue license plates shall
1280be revoked, after notice and a hearing as provided in chapter
1281120, if he or she issues any license plate or revalidation
1282sticker contrary to the provisions of this subsection. This
1283section applies only to the annual renewal in the owner's birth
1284month of a motor vehicle registration and does not apply to the
1285transfer of a registration of a motor vehicle sold by a motor
1286vehicle dealer licensed under this chapter, except for the
1287transfer of registrations which is inclusive of the annual
1288renewals. This section does not affect the issuance of the title
1289to a motor vehicle, notwithstanding s. 319.23(8)(7)(b).
1290     Section 35.  Paragraph (b) of subsection (3) and subsection
1291(5) of section 320.05, Florida Statutes, are amended to read:
1292     320.05  Records of the department; inspection procedure;
1293lists and searches; fees.-
1294     (3)
1295     (b)  Fees therefor shall be charged and collected as
1296follows:
1297     1.  For providing lists of motor vehicle or vessel records
1298for the entire state, or any part or parts thereof, divided
1299according to counties, a sum computed at a rate of not less than
13001 cent nor more than 5 cents per item.
1301     2.  For providing noncertified photographic copies of motor
1302vehicle or vessel documents, $1 per page.
1303     3.  For providing noncertified photographic copies of
1304micrographic records, $1 per page.
1305     4.  For providing certified copies of motor vehicle or
1306vessel records, $3 per record.
1307     5.  For providing noncertified computer-generated printouts
1308of motor vehicle or vessel records, 50 cents per record.
1309     6.  For providing certified computer-generated printouts of
1310motor vehicle or vessel records, $3 per record.
1311     7.  For providing electronic access to motor vehicle,
1312vessel, and mobile home registration data requested by tag,
1313vehicle identification number, title number, or decal number, 50
1314cents per item.
1315     8.  For providing electronic access to driver's license
1316status report by name, sex, and date of birth or by driver
1317license number, 50 cents per item.
1318     9.  For providing lists of licensed mobile home dealers and
1319manufacturers and recreational vehicle dealers and
1320manufacturers, $15 per list.
1321     10.  For providing lists of licensed motor vehicle dealers,
1322$25 per list.
1323     11.  For each copy of a videotape record, $15 per tape.
1324     12.  For each copy of the Division of Motor Vehicles
1325Procedures Manual, $25.
1326     (5)  The creation and maintenance of records by the
1327Division of Motorist Services within the department and the
1328Division of Motor Vehicles pursuant to this chapter shall not be
1329regarded as law enforcement functions of agency recordkeeping.
1330     Section 36.  Paragraph (d) is added to subsection (1) of
1331section 320.06, Florida Statutes, to read:
1332     320.06  Registration certificates, license plates, and
1333validation stickers generally.-
1334     (1)
1335     (d)  The department may conduct a pilot program to evaluate
1336designs, concepts, and technologies for alternative license
1337plate technologies. The pilot program shall investigate the
1338feasibility and use of alternative license plate technologies
1339and shall be limited to license plates that are used on
1340government-owned motor vehicles, as defined in s. 320.0655.
1341Government license plates in the pilot program are exempt from
1342current license plate requirements in paragraph (3)(a).
1343     Section 37.  Section 320.061, Florida Statutes, is amended
1344to read:
1345     320.061  Unlawful to alter motor vehicle registration
1346certificates, temporary license plates, license plates, mobile
1347home stickers, or validation stickers or to obscure license
1348plates; penalty.-No person shall alter the original appearance
1349of any registration license plate, temporary license plate,
1350mobile home sticker, validation sticker, or vehicle registration
1351certificate issued for and assigned to any motor vehicle or
1352mobile home, whether by mutilation, alteration, defacement, or
1353change of color or in any other manner. No person shall apply or
1354attach any substance, reflective matter, illuminated device,
1355spray, coating, covering, or other material onto or around any
1356license plate that interferes with the legibility, angular
1357visibility, or detectability of any feature or detail on the
1358license plate or interferes with the ability to record any
1359feature or detail on the license plate. Any person who violates
1360this section commits a noncriminal traffic infraction,
1361punishable as a moving violation as provided in chapter 318.
1362     Section 38.  Subsection (1) of section 320.071, Florida
1363Statutes, is amended to read:
1364     320.071  Advance registration renewal; procedures.-
1365     (1)(a)  The owner of any motor vehicle or mobile home
1366currently registered in this state may file an application for
1367renewal of registration with the department, or its authorized
1368agent in the county wherein the owner resides, any time during
1369the 3 months preceding the date of expiration of the
1370registration period. The registration period may not exceed 27
1371months.
1372     (b)  The owner of any apportionable apportioned motor
1373vehicle currently registered in this state under the provisions
1374of the International Registration Plan may file an application
1375for renewal of registration with the department any time during
1376the 3 months preceding the date of expiration of the
1377registration period.
1378     Section 39.  Subsections (1) and (3) of section 320.0715,
1379Florida Statutes, are amended to read:
1380     320.0715  International Registration Plan; motor carrier
1381services; permits; retention of records.-
1382     (1)  All apportionable commercial motor vehicles domiciled
1383in this state and engaged in interstate commerce shall be
1384registered in accordance with the provisions of the
1385International Registration Plan and shall display apportioned
1386license plates.
1387     (3)(a)  If the department is unable to immediately issue
1388the apportioned license plate to an applicant currently
1389registered in this state under the International Registration
1390Plan or to a vehicle currently titled in this state, the
1391department or its designated agent is authorized to issue a 60-
1392day temporary operational permit. The department or agent of the
1393department shall charge a $3 fee and the service charge
1394authorized by s. 320.04 for each temporary operational permit it
1395issues.
1396     (b)  The department shall in no event issue a temporary
1397operational permit for any apportionable commercial motor
1398vehicle to any applicant until the applicant has shown that:
1399     1.  All sales or use taxes due on the registration of the
1400vehicle are paid; and
1401     2.  Insurance requirements have been met in accordance with
1402ss. 320.02(5) and 627.7415.
1403     (c)  Issuance of a temporary operational permit provides
1404commercial motor vehicle registration privileges in each
1405International Registration Plan member jurisdiction designated
1406on said permit and therefore requires payment of all applicable
1407registration fees and taxes due for that period of registration.
1408     (d)  Application for permanent registration must be made to
1409the department within 10 days following from issuance of a
1410temporary operational permit. Failure to file an application
1411within this 10-day period may result in cancellation of the
1412temporary operational permit.
1413     Section 40.  Paragraph (d) of subsection (5) of section
1414320.08, Florida Statutes, is amended to read:
1415     320.08  License taxes.-Except as otherwise provided herein,
1416there are hereby levied and imposed annual license taxes for the
1417operation of motor vehicles, mopeds, motorized bicycles as
1418defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
1419and mobile homes, as defined in s. 320.01, which shall be paid
1420to and collected by the department or its agent upon the
1421registration or renewal of registration of the following:
1422     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1423SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1424     (d)  A wrecker, as defined in s. 320.01(40), which is used
1425to tow a vessel as defined in s. 327.02(39), a disabled,
1426abandoned, stolen-recovered, or impounded motor vehicle as
1427defined in s. 320.01(38), or a replacement motor vehicle as
1428defined in s. 320.01(39): $41 flat, of which $11 shall be
1429deposited into the General Revenue Fund.
1430     Section 41.  Subsection (9) of section 320.08056, Florida
1431Statutes, is amended, and paragraph (aaaa) is added to
1432subsection (4) of that section, to read:
1433     320.08056  Specialty license plates.-
1434     (4)  The following license plate annual use fees shall be
1435collected for the appropriate specialty license plates:
1436     (aaaa)  Go Green license plate, $25.
1437     (9)(a)  The organization that requested the specialty
1438license plate may not redesign the specialty license plate
1439unless the inventory of those plates has been depleted. However,
1440the organization may purchase the remaining inventory of the
1441specialty license plates from the department at cost.
1442     (b)  An organization with a specialty license plate must
1443submit a written request to the department 90 days before the
1444convening of the next regular session of the Legislature in
1445order to change the name of the recipient organization listed in
1446this section or s. 320.08058.
1447     Section 42.  Paragraph (b) of subsection (48) and
1448subsection (53) of section 320.08058, Florida Statutes, are
1449amended, and subsection (79) is added to that section, to read:
1450     320.08058  Specialty license plates.-
1451     (48)  LIVE THE DREAM LICENSE PLATES.-
1452     (b)  The proceeds of the annual use fee shall be
1453distributed to the Florida Dream Foundation, Inc. The Florida
1454Dream Foundation, Inc., shall retain the first $60,000 in
1455proceeds from the annual use fees as reimbursement for
1456administrative costs, startup costs, and costs incurred in the
1457approval process. Thereafter, up to 25 percent shall be used for
1458continuing promotion and marketing of the license plate and
1459concept. The remaining funds shall be used in the following
1460manner:
1461     1.  Twenty-five percent shall be distributed equally among
1462the sickle cell organizations that are Florida members of the
1463Sickle Cell Disease Association of America, Inc., for programs
1464that provide research, care, and treatment for sickle cell
1465disease.
1466     2.  Twenty-five percent shall be distributed to the Florida
1467chapter of the March of Dimes for programs and services that
1468improve the health of babies through the prevention of birth
1469defects and infant mortality.
1470     3.  Ten percent shall be distributed to the Florida
1471Association of Healthy Start Coalitions to decrease racial
1472disparity in infant mortality and to increase healthy birth
1473outcomes. Funding will be used by local Healthy Start Coalitions
1474to provide services and increase screening rates for high-risk
1475pregnant women, children under 4 years of age, and women of
1476childbearing age.
1477     4.  Ten percent shall be distributed to the Community
1478Partnership for Homeless, Inc., for programs that provide relief
1479from poverty, hunger, and homelessness.
1480     5.  Five percent of the proceeds shall be used by the
1481foundation for administrative costs directly associated with
1482operations as they relate to the management and distribution of
1483the proceeds.
1484     (53)  SUPPORT SOCCER LICENSE PLATES.-
1485     (a)  The department shall develop a Support Soccer license
1486plate as provided in this section. Support Soccer license plates
1487must bear the colors and design approved by the department. The
1488word "Florida" must appear at the top of the plate, and the
1489words "Support Soccer" must appear at the bottom of the plate.
1490     (b)  The annual use fees shall be distributed to the
1491Florida Lighthouse Soccer Foundation, Inc., which shall retain
1492the initial revenues from the sale of such plates until all
1493startup costs for developing and establishing the plate have
1494been recovered, not to exceed $85,000. Thereafter, the proceeds
1495of the annual use fee shall be used in the following manner:
1496     1.  Up to 25 percent of the proceeds may be used by the
1497Florida Lighthouse Soccer Foundation, Inc., for continuing
1498promotion and marketing of the license plate and concept.
1499     2.  Twenty percent shall be distributed to the Florida
1500Youth Soccer Association for programs and services that foster
1501the physical, mental, and emotional growth and development of
1502Florida's youth through the sport of soccer at all levels of age
1503and competition, including a portion to be determined by the
1504Florida Youth Soccer Association for the TOPSoccer program to
1505promote participation by the physically and mentally
1506disadvantaged.
1507     3.  Twenty percent shall be distributed as grants for
1508programs that promote participation by the economically
1509disadvantaged and to support soccer programs where none
1510previously existed.
1511     4.  Ten percent shall be distributed to the Florida State
1512Soccer Association to promote the sport of soccer and the long-
1513term development of the sport.
1514     5.  Ten percent shall be distributed as grants for programs
1515that promote and support the construction of fields and soccer-
1516specific infrastructure.
1517     6.  Ten percent shall be distributed as grants for programs
1518that foster and promote health, physical fitness, and
1519educational opportunities through soccer.
1520     7.  Five percent shall be expended by the Florida
1521Lighthouse Soccer Foundation, Inc., for administrative costs
1522directly associated with the foundation's operations as they
1523relate to the management and distribution of the proceeds.
1524     (79)  GO GREEN LICENSE PLATE.-
1525     (a)  Notwithstanding the provisions of s. 45 of chapter
15262008-176, Laws of Florida, as amended by s. 21 of chapter 2010-
1527223, Laws of Florida, and upon receipt of $60,000 and submission
1528of the proposed art design for the specialty license plate to
1529the department in a medium prescribed by the department, as soon
1530as practicable, but no later than 60 days after the effective
1531date of this act, the department shall develop a Go Green
1532license plate as provided in this section. The plate must bear
1533the colors and design approved by the department. The word
1534"Florida" must appear at the top of the plate, and the words "Go
1535Green" must appear at the bottom of the plate.
1536     (b)  The annual use fees shall be distributed to the
1537Coalition for Renewable Energy Solutions, Inc., which shall
1538retain the initial revenues from the sales of such plates until
1539all startup costs incurred in the development and approval of
1540the plates have been reimbursed. Thereafter, the proceeds shall
1541be used by the coalition as follows:
1542     1.  A maximum of 10 percent of the proceeds may be used to
1543fund the administrative and marketing costs of the license plate
1544program.
1545     2.  The remaining fees shall be used to fund programs and
1546projects that educate the public and implement or publicize
1547renewable energy solutions.
1548     Section 43.  Paragraph (e) of subsection (4) of section
1549320.08068, Florida Statutes, is amended to read:
1550     320.08068  Motorcycle specialty license plates.-
1551     (4)  A license plate annual use fee of $20 shall be
1552collected for each motorcycle specialty license plate. Annual
1553use fees shall be distributed to The Able Trust as custodial
1554agent. The Able Trust may retain a maximum of 10 percent of the
1555proceeds from the sale of the license plate for administrative
1556costs. The Able Trust shall distribute the remaining funds as
1557follows:
1558     (e)  Twenty percent to the Florida Association of Centers
1559for Independent Living to be used to leverage additional funding
1560and new sources of revenue for the centers for independent
1561living in this state.
1562     Section 44.  Subsection (1) of section 320.0847, Florida
1563Statutes, is amended to read:
1564     320.0847  Mini truck and low-speed vehicle license plates.-
1565     (1)  The department shall issue a license plate to the
1566owner or lessee of any vehicle registered as a low-speed vehicle
1567as defined in s. 320.01(42) or a mini truck as defined in s.
1568320.01(45) upon payment of the appropriate license taxes and
1569fees prescribed in s. 320.08.
1570     Section 45.  Subsections (1), (2), and (4) of section
1571320.0848, Florida Statutes, are amended to read:
1572     320.0848  Persons who have disabilities; issuance of
1573disabled parking permits; temporary permits; permits for certain
1574providers of transportation services to persons who have
1575disabilities.-
1576     (1)(a)  The Department of Highway Safety and Motor Vehicles
1577or its authorized agents shall, upon application and receipt of
1578the fee, issue a disabled parking permit for a period of up to 4
1579years, which period ends on the applicant's birthday, to any
1580person who has long-term mobility impairment, or a temporary
1581disabled parking permit not to exceed 6 months to any person who
1582has a temporary mobility impairment. No person will be required
1583to pay a fee for a parking permit for disabled persons more than
1584once in a 12-month period from the date of the prior fee
1585payment.
1586     (b)1.  The person must be currently certified as being
1587legally blind or as having any of the following disabilities
1588that render him or her unable to walk 200 feet without stopping
1589to rest:
1590     a.  Inability to walk without the use of or assistance from
1591a brace, cane, crutch, prosthetic device, or other assistive
1592device, or without the assistance of another person. If the
1593assistive device significantly restores the person's ability to
1594walk to the extent that the person can walk without severe
1595limitation, the person is not eligible for the exemption parking
1596permit.
1597     b.  The need to permanently use a wheelchair.
1598     c.  Restriction by lung disease to the extent that the
1599person's forced (respiratory) expiratory volume for 1 second,
1600when measured by spirometry, is less than 1 liter, or the
1601person's arterial oxygen is less than 60 mm/hg on room air at
1602rest.
1603     d.  Use of portable oxygen.
1604     e.  Restriction by cardiac condition to the extent that the
1605person's functional limitations are classified in severity as
1606Class III or Class IV according to standards set by the American
1607Heart Association.
1608     f.  Severe limitation in the person's ability to walk due
1609to an arthritic, neurological, or orthopedic condition.
1610     2.  The certification of disability which is required under
1611subparagraph 1. must be provided by a physician licensed under
1612chapter 458, chapter 459, or chapter 460, by a podiatric
1613physician licensed under chapter 461, by an optometrist licensed
1614under chapter 463, by an advanced registered nurse practitioner
1615licensed under chapter 464 under the protocol of a licensed
1616physician as stated in this subparagraph, by a physician
1617assistant licensed under chapter 458 or chapter 459, or by a
1618similarly licensed physician from another state if the
1619application is accompanied by documentation of the physician's
1620licensure in the other state and a form signed by the out-of-
1621state physician verifying his or her knowledge of this state's
1622eligibility guidelines.
1623     (c)  The certificate of disability must include, but need
1624not be limited to:
1625     1.  The disability of the applicant; the certifying
1626practitioner's name and address; the practitioner's
1627certification number; the eligibility criteria for the permit;
1628the penalty for falsification by either the certifying
1629practitioner or the applicant; the duration of the condition
1630that entitles the person to the permit; and justification for
1631the additional placard pursuant to subsection (2).
1632     2.  The statement, in bold letters: "A disabled parking
1633permit may be issued only for a medical necessity that severely
1634affects mobility."
1635     3.  The signatures of:
1636     a.  The applicant's physician or other certifying
1637practitioner.
1638     b.  The applicant or the applicant's parent or guardian.
1639     c.  The employee of the department's authorized agent which
1640employee is processing the application.
1641     (d)  Beginning October 1, 2011 April 1, 1999, the
1642Department of Highway Safety and Motor Vehicles shall renew the
1643disabled parking permit of any person certified as permanently
1644disabled on the application if the person applies for renewal in
1645person and provides a current certificate of disability pursuant
1646to this subsection. The requirement to apply for renewal in
1647person does not apply if the severity of the disability prevents
1648a disabled person from physically visiting or being transported
1649to a driver license or tax collector office and the certifying
1650physician has signed an additional section of the department's
1651parking permit application to exempt the disabled person from
1652the appearance requirement.
1653     (e)  The Department of Highway Safety and Motor Vehicles
1654shall, in consultation with the Commission for the
1655Transportation Disadvantaged, adopt rules, in accordance with
1656chapter 120, for the issuance of a disabled parking permit to
1657any organization that can adequately demonstrate a bona fide
1658need for such a permit because the organization provides regular
1659transportation services to persons who have disabilities and are
1660certified as provided in this subsection.
1661     (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
1662MOBILITY PROBLEMS.-
1663     (a)  The disabled parking permit is a placard that can be
1664placed in a motor vehicle so as to be visible from the front and
1665rear of the vehicle. Each side of the placard must have the
1666international symbol of accessibility in a contrasting color in
1667the center so as to be visible. One side of the placard must
1668display the applicant's driver's license number or state
1669identification card number along with a warning that the
1670applicant must have such identification at all times while using
1671the parking permit. In those cases where the severity of the
1672disability prevents a disabled person from physically visiting
1673or being transported to a driver license or tax collector office
1674to obtain a driver's license or identification card, a
1675certifying physician may sign the exemption section of the
1676department's parking permit application to exempt the disabled
1677person from being issued a driver's license or identification
1678card for the number to be displayed on the parking permit. A
1679validation sticker must also be issued with each disabled
1680parking permit, showing the month and year of expiration on each
1681side of the placard. Validation stickers must be of the size
1682specified by the Department of Highway Safety and Motor Vehicles
1683and must be affixed to the disabled parking permits. The
1684disabled parking permits must use the same colors as license
1685plate validations.
1686     (b)  License plates issued under ss. 320.084, 320.0842,
1687320.0843, and 320.0845 are valid for the same parking privileges
1688and other privileges provided under ss. 316.1955, 316.1964, and
1689526.141(5)(a).
1690     (c)  The department shall not issue an additional disabled
1691parking permit unless the applicant states that he or she is a
1692frequent traveler or a quadriplegic. The department may not
1693issue to any one eligible applicant more than two disabled
1694parking permits except to an organization in accordance with
1695paragraph (1)(e). Subsections (1), (5), (6), and (7) apply to
1696this subsection.
1697     (d)  If an applicant who is a disabled veteran, is a
1698resident of this state, has been honorably discharged, and
1699either has been determined by the Department of Defense or the
1700United States Department of Veterans Affairs or its predecessor
1701to have a service-connected disability rating for compensation
1702of 50 percent or greater or has been determined to have a
1703service-connected disability rating of 50 percent or greater and
1704is in receipt of both disability retirement pay from the United
1705States Department of Veterans Affairs, he or she must still
1706provide a signed physician's statement of qualification for the
1707disabled parking permits.
1708     (e)  To obtain a replacement for a disabled parking permit
1709that has been lost or stolen, a person must appear in person,
1710submit an application on a form prescribed by the department,
1711and must pay a replacement fee in the amount of $1.00, to be
1712retained by the issuing agency. If the person submits with the
1713application a police report documenting that the permit was
1714stolen, there is no replacement fee. The requirement to apply
1715for replacement in person does not apply if the severity of the
1716disability prevents a disabled person from physically visiting
1717or being transported to a driver license or tax collector
1718office, and the certifying physician has signed an additional
1719section of the department's parking permit application to exempt
1720the disabled person from the appearance requirement.
1721     (f)  A person who qualifies for a disabled parking permit
1722under this section may be issued an international wheelchair
1723user symbol license plate under s. 320.0843 in lieu of the
1724disabled parking permit; or, if the person qualifies for a "DV"
1725license plate under s. 320.084, such a license plate may be
1726issued to him or her in lieu of a disabled parking permit.
1727     (4)  From the proceeds of the temporary disabled parking
1728permit fees:
1729     (a)  The Department of Highway Safety and Motor Vehicles
1730must receive $3.50 for each temporary permit, to be deposited
1731into the Highway Safety Operating Trust Fund and used for
1732implementing the real-time disabled parking permit database and
1733for administering the disabled parking permit program.
1734     (b)  The tax collector, for processing, must receive $2.50
1735for each temporary permit.
1736     (c)  The remainder must be distributed monthly as follows:
1737     1.  To the Florida Endowment Foundation for Vocational
1738Rehabilitation, known as "The Able Trust," Florida Governor's
1739Alliance for the Employment of Disabled Citizens for the purpose
1740of improving employment and training opportunities for persons
1741who have disabilities, with special emphasis on removing
1742transportation barriers, $4. These fees must be directly
1743deposited into the Florida Endowment Foundation for Vocational
1744Rehabilitation as established in s. 413.615 Transportation
1745Disadvantaged Trust Fund for transfer to the Florida Governor's
1746Alliance for Employment of Disabled Citizens.
1747     2.  To the Transportation Disadvantaged Trust Fund to be
1748used for funding matching grants to counties for the purpose of
1749improving transportation of persons who have disabilities, $5.
1750     Section 46.  Effective October 1, 2011, subsection (1) of
1751section 320.089, Florida Statutes, is amended to read:
1752     320.089  Members of National Guard and active United States
1753Armed Forces reservists; former prisoners of war; survivors of
1754Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1755Freedom and Operation Enduring Freedom Veterans; Combat Infantry
1756Badge recipients; special license plates; fee.-
1757     (1)(a)  Each owner or lessee of an automobile or truck for
1758private use or recreational vehicle as specified in s.
1759320.08(9)(c) or (d), which is not used for hire or commercial
1760use, who is a resident of the state and an active or retired
1761member of the Florida National Guard, a survivor of the attack
1762on Pearl Harbor, a recipient of the Purple Heart medal, or an
1763active or retired member of any branch of the United States
1764Armed Forces Reserve, or a recipient of the Combat Infantry
1765Badge shall, upon application to the department, accompanied by
1766proof of active membership or retired status in the Florida
1767National Guard, proof of membership in the Pearl Harbor
1768Survivors Association or proof of active military duty in Pearl
1769Harbor on December 7, 1941, proof of being a Purple Heart medal
1770recipient, or proof of active or retired membership in any
1771branch of the Armed Forces Reserve, or proof of membership in
1772the Combat Infantrymen's Association, Inc., or other proof of
1773being a recipient of the Combat Infantry Badge, and upon payment
1774of the license tax for the vehicle as provided in s. 320.08, be
1775issued a license plate as provided by s. 320.06, upon which, in
1776lieu of the serial numbers prescribed by s. 320.06, shall be
1777stamped the words "National Guard," "Pearl Harbor Survivor,"
1778"Combat-wounded veteran," or "U.S. Reserve," or "Combat Infantry
1779Badge," as appropriate, followed by the serial number of the
1780license plate. Additionally, the Purple Heart plate may have the
1781words "Purple Heart" stamped on the plate and the likeness of
1782the Purple Heart medal appearing on the plate.
1783     (b)  Notwithstanding any other provision of law to the
1784contrary, beginning with fiscal year 2002-2003 and annually
1785thereafter, the first $100,000 in general revenue generated from
1786the sale of license plates issued under this section shall be
1787deposited into the Grants and Donations Trust Fund, as described
1788in s. 296.38(2), to be used for the purposes established by law
1789for that trust fund. Any additional general revenue generated
1790from the sale of such plates shall be deposited into the State
1791Homes for Veterans Trust Fund and used solely to construct,
1792operate, and maintain domiciliary and nursing homes for
1793veterans, subject to the requirements of chapter 216.
1794     (c)  Notwithstanding any provisions of law to the contrary,
1795an applicant for a Pearl Harbor Survivor license plate or a
1796Purple Heart license plate who also qualifies for a disabled
1797veteran's license plate under s. 320.084 shall be issued the
1798appropriate special license plate without payment of the license
1799tax imposed by s. 320.08.
1800     Section 47.  Subsection (3) of section 320.27, Florida
1801Statutes, is amended to read:
1802     320.27  Motor vehicle dealers.-
1803     (3)  APPLICATION AND FEE.-The application for the license
1804shall be in such form as may be prescribed by the department and
1805shall be subject to such rules with respect thereto as may be so
1806prescribed by it. Such application shall be verified by oath or
1807affirmation and shall contain a full statement of the name and
1808birth date of the person or persons applying therefor; the name
1809of the firm or copartnership, with the names and places of
1810residence of all members thereof, if such applicant is a firm or
1811copartnership; the names and places of residence of the
1812principal officers, if the applicant is a body corporate or
1813other artificial body; the name of the state under whose laws
1814the corporation is organized; the present and former place or
1815places of residence of the applicant; and prior business in
1816which the applicant has been engaged and the location thereof.
1817Such application shall describe the exact location of the place
1818of business and shall state whether the place of business is
1819owned by the applicant and when acquired, or, if leased, a true
1820copy of the lease shall be attached to the application. The
1821applicant shall certify that the location provides an adequately
1822equipped office and is not a residence; that the location
1823affords sufficient unoccupied space upon and within which
1824adequately to store all motor vehicles offered and displayed for
1825sale; and that the location is a suitable place where the
1826applicant can in good faith carry on such business and keep and
1827maintain books, records, and files necessary to conduct such
1828business, which will be available at all reasonable hours to
1829inspection by the department or any of its inspectors or other
1830employees. The applicant shall certify that the business of a
1831motor vehicle dealer is the principal business which shall be
1832conducted at that location. Such application shall contain a
1833statement that the applicant is either franchised by a
1834manufacturer of motor vehicles, in which case the name of each
1835motor vehicle that the applicant is franchised to sell shall be
1836included, or an independent (nonfranchised) motor vehicle
1837dealer. Such application shall contain such other relevant
1838information as may be required by the department, including
1839evidence that the applicant is insured under a garage liability
1840insurance policy or a general liability insurance policy coupled
1841with a business automobile policy, which shall include, at a
1842minimum, $25,000 combined single-limit liability coverage
1843including bodily injury and property damage protection and
1844$10,000 personal injury protection. A salvage motor vehicle
1845dealer as defined in subparagraph (1)(c)5. is exempt from the
1846requirements for garage liability insurance and personal injury
1847protection insurance on those vehicles that have been issued a
1848certificate of destruction and if the vehicle cannot be legally
1849operated on Florida roads, highways, or streets. Franchise
1850dealers must submit a garage liability insurance policy, and all
1851other dealers must submit a garage liability insurance policy or
1852a general liability insurance policy coupled with a business
1853automobile policy. Such policy shall be for the license period,
1854and evidence of a new or continued policy shall be delivered to
1855the department at the beginning of each license period. Upon
1856making initial application, the applicant shall pay to the
1857department a fee of $300 in addition to any other fees now
1858required by law; upon making a subsequent renewal application,
1859the applicant shall pay to the department a fee of $75 in
1860addition to any other fees now required by law. Upon making an
1861application for a change of location, the person shall pay a fee
1862of $50 in addition to any other fees now required by law. The
1863department shall, in the case of every application for initial
1864licensure, verify whether certain facts set forth in the
1865application are true. Each applicant, general partner in the
1866case of a partnership, or corporate officer and director in the
1867case of a corporate applicant, must file a set of fingerprints
1868with the department for the purpose of determining any prior
1869criminal record or any outstanding warrants. The department
1870shall submit the fingerprints to the Department of Law
1871Enforcement for state processing and forwarding to the Federal
1872Bureau of Investigation for federal processing. The actual cost
1873of state and federal processing shall be borne by the applicant
1874and is in addition to the fee for licensure. The department may
1875issue a license to an applicant pending the results of the
1876fingerprint investigation, which license is fully revocable if
1877the department subsequently determines that any facts set forth
1878in the application are not true or correctly represented.
1879     Section 48.  Paragraphs (a) and (b) of subsection (2) of
1880section 320.275, Florida Statutes, are amended to read:
1881     320.275  Automobile Dealers Industry Advisory Board.-
1882     (2)  MEMBERSHIP, TERMS, MEETINGS.-
1883     (a)  The board shall be composed of 12 members. The
1884executive director of the Department of Highway Safety and Motor
1885Vehicles shall appoint the members from names submitted by the
1886entities for the designated categories the member will
1887represent. The executive director shall appoint one
1888representative of the Department of Highway Safety and Motor
1889Vehicles, who must represent the Division of Motor Vehicles; two
1890representatives of the independent motor vehicle industry as
1891recommended by the Florida Independent Automobile Dealers
1892Association; two representatives of the franchise motor vehicle
1893industry as recommended by the Florida Automobile Dealers
1894Association; one representative of the auction motor vehicle
1895industry who is from an auction chain and is recommended by a
1896group affiliated with the National Auto Auction Association; one
1897representative of the auction motor vehicle industry who is from
1898an independent auction and is recommended by a group affiliated
1899with the National Auto Auction Association; one representative
1900from the Department of Revenue; a Florida tax collector
1901representative recommended by the Florida Tax Collectors
1902Association; one representative from the Better Business Bureau;
1903one representative from the Department of Agriculture and
1904Consumer Services, who must represent the Division of Consumer
1905Services; and one representative of the insurance industry who
1906writes motor vehicle dealer surety bonds.
1907     (b)1.  The executive director shall appoint the following
1908initial members to 1-year terms: one representative from the
1909motor vehicle auction industry who represents an auction chain,
1910one representative from the independent motor vehicle industry,
1911one representative from the franchise motor vehicle industry,
1912one representative from the Department of Revenue, one Florida
1913tax collector, and one representative from the Better Business
1914Bureau.
1915     2.  The executive director shall appoint the following
1916initial members to 2-year terms: one representative from the
1917motor vehicle auction industry who represents an independent
1918auction, one representative from the independent motor vehicle
1919industry, one representative from the franchise motor vehicle
1920industry, one representative from the Division of Consumer
1921Services, one representative from the insurance industry, and
1922one representative from the department Division of Motor
1923Vehicles.
1924     3.  As the initial terms expire, the executive director
1925shall appoint successors from the same designated category for
1926terms of 2 years. If renominated, a member may succeed himself
1927or herself.
1928     4.  The board shall appoint a chair and vice chair at its
1929initial meeting and every 2 years thereafter.
1930     Section 49.  Subsection (1) of section 320.771, Florida
1931Statutes, is amended to read:
1932     320.771  License required of recreational vehicle dealers.-
1933     (1)  DEFINITIONS.-As used in this section:
1934     (a)  "Dealer" means any person engaged in the business of
1935buying, selling, or dealing in recreational vehicles or offering
1936or displaying recreational vehicles for sale. The term "dealer"
1937includes a recreational vehicle broker. Any person who buys,
1938sells, deals in, or offers or displays for sale, or who acts as
1939the agent for the sale of, one or more recreational vehicles in
1940any 12-month period shall be prima facie presumed to be a
1941dealer. The terms "selling" and "sale" include lease-purchase
1942transactions. The term "dealer" does not include banks, credit
1943unions, and finance companies that acquire recreational vehicles
1944as an incident to their regular business and does not include
1945mobile home rental and leasing companies that sell recreational
1946vehicles to dealers licensed under this section. A licensed
1947dealer may transact business in recreational vehicles with a
1948motor vehicle auction as defined in s. 320.27(1)(c)4. Further, a
1949licensed dealer may, at retail or wholesale, sell a motor
1950vehicle, as described in s. 320.01(1)(a), acquired in exchange
1951for the sale of a recreational vehicle, if such acquisition is
1952incidental to the principal business of being a recreational
1953vehicle dealer. However, a recreational vehicle dealer may not
1954buy a motor vehicle for the purpose of resale unless licensed as
1955a motor vehicle dealer pursuant to s. 320.27.
1956     (b)  "Recreational vehicle broker" means any person who is
1957engaged in the business of offering to procure or procuring used
1958recreational vehicles for the general public; who holds himself
1959or herself out through solicitation, advertisement, or otherwise
1960as one who offers to procure or procures used recreational
1961vehicles for the general public; or who acts as the agent or
1962intermediary on behalf of the owner or seller of a used
1963recreational vehicle which is for sale or who assists or
1964represents the seller in finding a buyer for the recreational
1965vehicle.
1966     (c)  For the purposes of this section, the term
1967"recreational vehicle" does not include any camping trailer, as
1968defined in s. 320.01(1)(b)2.
1969     (d)  A dealer may apply for a certificate of title to a
1970recreational vehicle required to be registered under s.
1971320.08(9) using a manufacturer's statement of origin as
1972permitted by s. 319.23(1) only if such dealer is authorized by a
1973manufacturer/dealer agreement as defined in s. 320.3202(8) on
1974file with the department to buy, sell, or deal in that
1975particular line-make of recreational vehicle and is authorized
1976by such agreement to perform delivery and preparation
1977obligations and warranty defect adjustments on that line-make.
1978     Section 50.  Section 320.95, Florida Statutes, is amended
1979to read:
1980     320.95  Transactions by electronic or telephonic means.-
1981     (1)  The department may is authorized to accept any
1982application provided for under this chapter by electronic or
1983telephonic means.
1984     (2)  The department may collect and use electronic mail
1985addresses for the purpose of providing renewal notices in lieu
1986of the United States Postal Service.
1987     Section 51.  Section 321.02, Florida Statutes, is amended
1988to read:
1989     321.02  Powers and duties of department, highway patrol.-
1990The director of the Division of Highway Patrol of the Department
1991of Highway Safety and Motor Vehicles shall be designated the
1992Colonel also be the commander of the Florida Highway Patrol. The
1993said department shall set up and promulgate rules and
1994regulations by which the personnel of the Florida Highway Patrol
1995officers shall be examined, employed, trained, located,
1996suspended, reduced in rank, discharged, recruited, paid and
1997pensioned, subject to civil service provisions hereafter set
1998out. The department may enter into contracts or agreements, with
1999or without competitive bidding or procurement, to make
2000available, on a fair, reasonable, nonexclusive, and
2001nondiscriminatory basis, property and other structures under
2002division control for the placement of new facilities by any
2003wireless provider of mobile service as defined in 47 U.S.C. s.
2004153(27) or s. 332(d), and any telecommunications company as
2005defined in s. 364.02 when it is determined to be practical and
2006feasible to make such property or other structures available.
2007The department may, without adopting a rule, charge a just,
2008reasonable, and nondiscriminatory fee for placement of the
2009facilities, payable annually, based on the fair market value of
2010space used by comparable communications facilities in the state.
2011The department and a wireless provider or telecommunications
2012company may negotiate the reduction or elimination of a fee in
2013consideration of services provided to the division by the
2014wireless provider or the telecommunications company. All such
2015fees collected by the department shall be deposited directly
2016into the State Agency Law Enforcement Radio System Trust Fund,
2017and may be used to construct, maintain, or support the system.
2018The department is further specifically authorized to purchase,
2019sell, trade, rent, lease and maintain all necessary equipment,
2020uniforms, motor vehicles, communication systems, housing
2021facilities, office space, and perform any other acts necessary
2022for the proper administration and enforcement of this chapter.
2023However, all supplies and equipment consisting of single items
2024or in lots shall be purchased under the requirements of s.
2025287.057. Purchases shall be made by accepting the bid of the
2026lowest responsive bidder, the right being reserved to reject all
2027bids. The department shall prescribe a distinctive uniform and
2028distinctive emblem to be worn by all officers of the Florida
2029Highway Patrol. It shall be unlawful for any other person or
2030persons to wear a similar uniform or emblem, or any part or
2031parts thereof. The department shall also prescribe distinctive
2032colors for use on motor vehicles and motorcycles operated by the
2033Florida Highway Patrol. The prescribed colors shall be referred
2034to as "Florida Highway Patrol black and tan."
2035     Section 52.  Subsection (3) of section 322.02, Florida
2036Statutes, is amended to read:
2037     322.02  Legislative intent; administration.-
2038     (3)  The department shall employ a director, who is charged
2039with the duty of serving as the executive officer of the
2040Division of Motorist Services within Driver Licenses of the
2041department insofar as the administration of this chapter is
2042concerned. He or she shall be subject to the supervision and
2043direction of the department, and his or her official actions and
2044decisions as executive officer shall be conclusive unless the
2045same are superseded or reversed by the department or by a court
2046of competent jurisdiction.
2047     Section 53.  Subsection (1) of section 322.04, Florida
2048Statutes, is amended to read:
2049     322.04  Persons exempt from obtaining driver's license.-
2050     (1)  The following persons are exempt from obtaining a
2051driver's license:
2052     (a)  Any employee of the United States Government, while
2053operating a noncommercial motor vehicle owned by or leased to
2054the United States Government and being operated on official
2055business.
2056     (b)  Any person while driving or operating any road
2057machine, farm tractor, or implement of husbandry temporarily
2058operated or moved on a highway.
2059     (c)  A nonresident who is at least 16 years of age and who
2060has in his or her immediate possession a valid noncommercial
2061driver's license issued to the nonresident in his or her home
2062state or country, may operate a motor vehicle of the type for
2063which a Class E driver's license is required in this state if he
2064or she has in their immediate possession:
2065     1.  A valid noncommercial driver's license issued in his or
2066her name from another state or territory of the United States;
2067or
2068     2.  An International Driving Permit issued in his or her
2069name in their country of residence and a valid license issued in
2070that country.
2071     (d)  A nonresident who is at least 18 years of age and who
2072has in his or her immediate possession a valid noncommercial
2073driver's license issued to the nonresident in his or her home
2074state or country may operate a motor vehicle, other than a
2075commercial motor vehicle, in this state.
2076     (d)(e)  Any person operating a golf cart, as defined in s.
2077320.01, which is operated in accordance with the provisions of
2078s. 316.212.
2079     Section 54.  Paragraph (a) of subsection (1) of section
2080322.051, Florida Statutes, is amended to read:
2081     322.051  Identification cards.-
2082     (1)  Any person who is 5 years of age or older, or any
2083person who has a disability, regardless of age, who applies for
2084a disabled parking permit under s. 320.0848, may be issued an
2085identification card by the department upon completion of an
2086application and payment of an application fee.
2087     (a)  Each such application shall include the following
2088information regarding the applicant:
2089     1.  Full name (first, middle or maiden, and last), gender,
2090proof of social security card number satisfactory to the
2091department, county of residence, mailing address, proof of
2092residential address satisfactory to the department, country of
2093birth, and a brief description.
2094     2.  Proof of birth date satisfactory to the department.
2095     3.  Proof of identity satisfactory to the department. Such
2096proof must include one of the following documents issued to the
2097applicant:
2098     a.  A driver's license record or identification card record
2099from another jurisdiction that required the applicant to submit
2100a document for identification which is substantially similar to
2101a document required under sub-subparagraph b., sub-subparagraph
2102c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
2103f., sub-subparagraph g., or sub-subparagraph h.;
2104     b.  A certified copy of a United States birth certificate;
2105     c.  A valid, unexpired United States passport;
2106     d.  A naturalization certificate issued by the United
2107States Department of Homeland Security;
2108     e.  A valid, unexpired alien registration receipt card
2109(green card);
2110     f.  A Consular Report of Birth Abroad provided by the
2111United States Department of State;
2112     g.  An unexpired employment authorization card issued by
2113the United States Department of Homeland Security; or
2114     h.  Proof of nonimmigrant classification provided by the
2115United States Department of Homeland Security, for an original
2116identification card. In order to prove such nonimmigrant
2117classification, applicants must provide at least one of may
2118produce but are not limited to the following documents, and, in
2119addition, the department may require applicants to produce
2120United States Department of Homeland Security documents for the
2121sole purpose of establishing the maintenance of or efforts to
2122maintain continuous lawful presence:
2123     (I)  A notice of hearing from an immigration court
2124scheduling a hearing on any proceeding.
2125     (II)  A notice from the Board of Immigration Appeals
2126acknowledging pendency of an appeal.
2127     (III)  Notice of the approval of an application for
2128adjustment of status issued by the United States Bureau of
2129Citizenship and Immigration Services.
2130     (IV)  Any official documentation confirming the filing of a
2131petition for asylum or refugee status or any other relief issued
2132by the United States Bureau of Citizenship and Immigration
2133Services.
2134     (V)  Notice of action transferring any pending matter from
2135another jurisdiction to Florida, issued by the United States
2136Bureau of Citizenship and Immigration Services.
2137     (VI)  Order of an immigration judge or immigration officer
2138granting any relief that authorizes the alien to live and work
2139in the United States including, but not limited to asylum.
2140     (VII)  Evidence that an application is pending for
2141adjustment of status to that of an alien lawfully admitted for
2142permanent residence in the United States or conditional
2143permanent resident status in the United States, if a visa number
2144is available having a current priority date for processing by
2145the United States Bureau of Citizenship and Immigration
2146Services.
2147     (VIII)  On or after January 1, 2010, an unexpired foreign
2148passport with an unexpired United States Visa affixed,
2149accompanied by an approved I-94, documenting the most recent
2150admittance into the United States.
2151
2152An identification card issued based on documents required
2153Presentation of any of the documents described in sub-
2154subparagraph g. or sub-subparagraph h. is valid entitles the
2155applicant to an identification card for a period not to exceed
2156the expiration date of the document presented or 1 year,
2157whichever first occurs.
2158     Section 55.  Subsection (4) of section 322.058, Florida
2159Statutes, is amended to read:
2160     322.058  Suspension of driving privileges due to support
2161delinquency; reinstatement.-
2162     (4)  This section applies only to the annual renewal in the
2163owner's birth month of a motor vehicle registration and does not
2164apply to the transfer of a registration of a motor vehicle sold
2165by a motor vehicle dealer licensed under chapter 320, except for
2166the transfer of registrations which is inclusive of the annual
2167renewals. This section does not affect the issuance of the title
2168to a motor vehicle, notwithstanding s. 319.23(8)(7)(b).
2169     Section 56.  Section 322.065, Florida Statutes, is amended
2170to read:
2171     322.065  Driver's license expired for 6 4 months or less;
2172penalties.-Any person whose driver's license has been expired
2173for 6 4 months or less and who drives a motor vehicle upon the
2174highways of this state commits is guilty of an infraction and is
2175subject to the penalty provided in s. 318.18.
2176     Section 57.  Subsection (3) of section 322.07, Florida
2177Statutes, is amended to read:
2178     322.07  Instruction permits and temporary licenses.-
2179     (3)  Any person who, except for his or her lack of
2180instruction in operating a commercial motor vehicle, would
2181otherwise be qualified to obtain a commercial driver's license
2182under this chapter, may apply for a temporary commercial
2183instruction permit. The department shall issue such a permit
2184entitling the applicant, while having the permit in his or her
2185immediate possession, to drive a commercial motor vehicle on the
2186highways, provided that:
2187     (a)  The applicant possesses a valid Florida driver's
2188license issued in any state; and
2189     (b)  The applicant, while operating a commercial motor
2190vehicle, is accompanied by a licensed driver who is 21 years of
2191age or older, who is licensed to operate the class of vehicle
2192being operated, and who is actually occupying the closest seat
2193to the right of the driver.
2194     Section 58.  Subsections (2) and (7) of section 322.08,
2195Florida Statutes, are amended, and subsection (8) is added to
2196that section, to read:
2197     322.08  Application for license; requirements for license
2198and identification card forms.-
2199     (2)  Each such application shall include the following
2200information regarding the applicant:
2201     (a)  Full name (first, middle or maiden, and last), gender,
2202proof of social security card number satisfactory to the
2203department, county of residence, mailing address, proof of
2204residential address satisfactory to the department, country of
2205birth, and a brief description.
2206     (b)  Proof of birth date satisfactory to the department.
2207     (c)  Proof of identity satisfactory to the department. Such
2208proof must include one of the following documents issued to the
2209applicant:
2210     1.  A driver's license record or identification card record
2211from another jurisdiction that required the applicant to submit
2212a document for identification which is substantially similar to
2213a document required under subparagraph 2., subparagraph 3.,
2214subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
22157., or subparagraph 8.;
2216     2.  A certified copy of a United States birth certificate;
2217     3.  A valid, unexpired United States passport;
2218     4.  A naturalization certificate issued by the United
2219States Department of Homeland Security;
2220     5.  A valid, unexpired alien registration receipt card
2221(green card);
2222     6.  A Consular Report of Birth Abroad provided by the
2223United States Department of State;
2224     7.  An unexpired employment authorization card issued by
2225the United States Department of Homeland Security; or
2226     8.  Proof of nonimmigrant classification provided by the
2227United States Department of Homeland Security, for an original
2228driver's license. In order to prove nonimmigrant classification,
2229an applicant must provide at least one of the following
2230documents, and, in addition, the department may require
2231applicants to produce United States Department of Homeland
2232Security documents for the sole purpose of establishing the
2233maintenance of or efforts to maintain continuous lawful presence
2234may produce the following documents, including, but not limited
2235to:
2236     a.  A notice of hearing from an immigration court
2237scheduling a hearing on any proceeding.
2238     b.  A notice from the Board of Immigration Appeals
2239acknowledging pendency of an appeal.
2240     c.  A notice of the approval of an application for
2241adjustment of status issued by the United States Bureau of
2242Citizenship and Immigration Services.
2243     d.  Any official documentation confirming the filing of a
2244petition for asylum or refugee status or any other relief issued
2245by the United States Bureau of Citizenship and Immigration
2246Services.
2247     e.  A notice of action transferring any pending matter from
2248another jurisdiction to this state issued by the United States
2249Bureau of Citizenship and Immigration Services.
2250     f.  An order of an immigration judge or immigration officer
2251granting any relief that authorizes the alien to live and work
2252in the United States, including, but not limited to, asylum.
2253     g.  Evidence that an application is pending for adjustment
2254of status to that of an alien lawfully admitted for permanent
2255residence in the United States or conditional permanent resident
2256status in the United States, if a visa number is available
2257having a current priority date for processing by the United
2258States Bureau of Citizenship and Immigration Services.
2259     h.  On or after January 1, 2010, an unexpired foreign
2260passport with an unexpired United States Visa affixed,
2261accompanied by an approved I-94, documenting the most recent
2262admittance into the United States.
2263
2264A driver's license or temporary permit issued based on documents
2265required Presentation of any of the documents in subparagraph 7.
2266or subparagraph 8. is valid entitles the applicant to a driver's
2267license or temporary permit for a period not to exceed the
2268expiration date of the document presented or 1 year, whichever
2269occurs first.
2270     (d)  Whether the applicant has previously been licensed to
2271drive, and, if so, when and by what state, and whether any such
2272license or driving privilege has ever been disqualified,
2273revoked, or suspended, or whether an application has ever been
2274refused, and, if so, the date of and reason for such
2275disqualification, suspension, revocation, or refusal.
2276     (e)  Each such application may include fingerprints and
2277other unique biometric means of identity.
2278     (7)  The application form for an original, renewal, or
2279replacement driver's license or identification card shall
2280include language permitting the following:
2281     (a)  A voluntary contribution of $1 per applicant, which
2282contribution shall be deposited into the Health Care Trust Fund
2283for organ and tissue donor education and for maintaining the
2284organ and tissue donor registry.
2285     (b)  A voluntary contribution of $1 per applicant, which
2286contribution shall be distributed to the Florida Council of the
2287Blind.
2288     (c)  A voluntary contribution of $2 per applicant, which
2289shall be distributed to the Hearing Research Institute,
2290Incorporated.
2291     (d)  A voluntary contribution of $1 per applicant, which
2292shall be distributed to the Juvenile Diabetes Foundation
2293International.
2294     (e)  A voluntary contribution of $1 per applicant, which
2295shall be distributed to the Children's Hearing Help Fund.
2296     (f)  A voluntary contribution of $1 per applicant, which
2297shall be distributed to Family First, a nonprofit organization.
2298     (g)  A voluntary contribution of $1 per applicant to Stop
2299Heart Disease, which shall be distributed to the Florida Heart
2300Research Institute, a nonprofit organization.
2301     (h)  A voluntary contribution of $1 per applicant to Senior
2302Vision Services, which shall be distributed to the Florida
2303Association of Agencies Serving the Blind, Inc., a not-for-
2304profit organization.
2305     (i)  A voluntary contribution of $1 per applicant for
2306services for persons with developmental disabilities, which
2307shall be distributed to The Arc of Florida.
2308     (j)  A voluntary contribution of $1 to the Ronald McDonald
2309House, which shall be distributed each month to Ronald McDonald
2310House Charities of Tampa Bay, Inc.
2311     (k)  Notwithstanding s. 322.081, a voluntary contribution
2312of $1 per applicant, which shall be distributed to the League
2313Against Cancer/La Liga Contra el Cancer, a not-for-profit
2314organization.
2315     (l)  A voluntary contribution of $1 per applicant to
2316Prevent Child Sexual Abuse, which shall be distributed to
2317Lauren's Kids, Inc., a nonprofit organization.
2318     (m)  A voluntary contribution of $1 per applicant, which
2319shall be distributed to Prevent Blindness Florida, a not-for-
2320profit organization, to prevent blindness and preserve the sight
2321of the residents of this state.
2322     (n)  Notwithstanding s. 322.081, a voluntary contribution
2323of $1 per applicant to the state homes for veterans, to be
2324distributed on a quarterly basis by the department to the State
2325Homes for Veterans Trust Fund, which is administered by the
2326Department of Veterans' Affairs.
2327     (o)  A voluntary contribution of $1 per applicant for
2328Autism Services and Supports. Such contributions must be
2329transferred by the department each month to the Achievement and
2330Rehabilitation Centers, Inc., Autism Services Fund.
2331     (p)  A voluntary contribution of $1 per applicant to
2332Support Our Troops, which shall be distributed monthly to
2333Support Our Troops, Inc., a Florida not-for-profit organization.
2334
2335A statement providing an explanation of the purpose of the trust
2336funds shall also be included. For the purpose of applying the
2337service charge provided in s. 215.20, contributions received
2338under paragraphs (b)-(p) (b)-(n) are not income of a revenue
2339nature.
2340     (8)  The department may collect and use electronic mail
2341addresses for the purpose of providing renewal notices in lieu
2342of the United State Postal Service.
2343     Section 59.  Subsection (9) is added to section 322.081,
2344Florida Statutes, to read:
2345     322.081  Requests to establish voluntary checkoff on
2346driver's license application.-
2347     (9)  The department may annually retain from the first
2348proceeds derived from the voluntary contributions collected an
2349amount sufficient to defray for each voluntary contribution the
2350pro rata share of the department's costs directly related to the
2351voluntary contributions program. Such costs include renewal
2352notices, postage, distribution costs, direct costs to the
2353department, and costs associated with reviewing each
2354organization's compliance with the audit and attestation
2355requirements of this section. The revenues retained by the
2356department may not be less than 0.5 percent and may not exceed
23571.5 percent. The balance of the proceeds from the voluntary
2358contributions collected shall be distributed as provided by law.
2359     Section 60.  Subsection (1) of section 322.095, Florida
2360Statutes, is amended to read:
2361     322.095  Traffic law and substance abuse education program
2362for driver's license applicants.-
2363     (1)  The Department of Highway Safety and Motor Vehicles
2364must approve traffic law and substance abuse education courses
2365that must be completed by applicants for a Florida driver's
2366license. The curricula for the courses must provide instruction
2367on the physiological and psychological consequences of the abuse
2368of alcohol and other drugs, the societal and economic costs of
2369alcohol and drug abuse, the effects of alcohol and drug abuse on
2370the driver of a motor vehicle, the dangers of driving while
2371distracted, which must specifically include the use of
2372technology while driving, and the laws of this state relating to
2373the operation of a motor vehicle. All instructors teaching the
2374courses shall be certified by the department.
2375     Section 61.  Subsection (5) of section 322.12, Florida
2376Statutes, is amended to read:
2377     322.12  Examination of applicants.-
2378     (5)(a)  The department shall formulate a separate
2379examination for applicants for licenses to operate motorcycles.
2380Any applicant for a driver's license who wishes to operate a
2381motorcycle, and who is otherwise qualified, must successfully
2382complete such an examination, which is in addition to the
2383examination administered under subsection (3). The examination
2384must test the applicant's knowledge of the operation of a
2385motorcycle and of any traffic laws specifically relating thereto
2386and must include an actual demonstration of his or her ability
2387to exercise ordinary and reasonable control in the operation of
2388a motorcycle. Any applicant who fails to pass the initial
2389knowledge examination will incur a $5 fee for each subsequent
2390examination, to be deposited into the Highway Safety Operating
2391Trust Fund. Any applicant who fails to pass the initial skills
2392examination will incur a $10 fee for each subsequent
2393examination, to be deposited into the Highway Safety Operating
2394Trust Fund. In the formulation of the examination, the
2395department shall consider the use of the Motorcycle Operator
2396Skills Test and the Motorcycle in Traffic Test offered by the
2397Motorcycle Safety Foundation. The department shall indicate on
2398the license of any person who successfully completes the
2399examination that the licensee is authorized to operate a
2400motorcycle. If the applicant wishes to be licensed to operate a
2401motorcycle only, he or she need not take the skill or road test
2402required under subsection (3) for the operation of a motor
2403vehicle, and the department shall indicate such a limitation on
2404his or her license as a restriction. Every first-time applicant
2405for licensure to operate a motorcycle must provide proof of
2406completion of a motorcycle safety course, as provided for in s.
2407322.0255, which shall include a final examination before the
2408applicant may be licensed to operate a motorcycle. The
2409department shall indicate on the license of any person who
2410successfully completes the course that the licensee is
2411authorized to operate a motorcycle. If the applicant wishes to
2412be licensed to operate a motorcycle only, he or she need not
2413take the skills or road test required under subsection (3) for
2414the operation of a motor vehicle, and the department shall
2415indicate such a limitation on his or her license as a
2416restriction.
2417     (b)  The department may exempt any applicant from the
2418examination provided in this subsection if the applicant
2419presents a certificate showing successful completion of a course
2420approved by the department, which course includes a similar
2421examination of the knowledge and skill of the applicant in the
2422operation of a motorcycle.
2423     Section 62.  Subsection (5) of section 322.121, Florida
2424Statutes, is amended to read:
2425     322.121  Periodic reexamination of all drivers.-
2426     (5)  Members of the Armed Forces, or their dependents
2427residing with them, shall be granted an automatic extension for
2428the expiration of their Class E licenses without reexamination
2429while serving on active duty outside this state. This extension
2430is valid for 90 days after the member of the Armed Forces is
2431either discharged or returns to this state to live.
2432     Section 63.  Paragraph (a) of subsection (1) of section
2433322.14, Florida Statutes, is amended to read:
2434     322.14  Licenses issued to drivers.-
2435     (1)(a)  The department shall, upon successful completion of
2436all required examinations and payment of the required fee, issue
2437to every applicant qualifying therefor, a driver's license as
2438applied for, which license shall bear thereon a color photograph
2439or digital image of the licensee; the name of the state; a
2440distinguishing number assigned to the licensee; and the
2441licensee's full name, date of birth, and residence address; a
2442brief description of the licensee, including, but not limited
2443to, the licensee's gender and height; and the dates of issuance
2444and expiration of the license. A space shall be provided upon
2445which the licensee shall affix his or her usual signature. No
2446license shall be valid until it has been so signed by the
2447licensee except that the signature of said licensee shall not be
2448required if it appears thereon in facsimile or if the licensee
2449is not present within the state at the time of issuance.
2450Applicants qualifying to receive a Class A, Class B, or Class C
2451driver's license must appear in person within the state for
2452issuance of a color photographic or digital imaged driver's
2453license pursuant to s. 322.142.
2454     Section 64.  Section 322.1415, Florida Statutes, is created
2455to read:
2456     322.1415  Specialty driver's license and identification
2457card program.-
2458     (1)  The department may issue to any applicant qualified
2459pursuant to s. 322.14 a specialty driver's license or
2460identification card upon payment of the appropriate fee pursuant
2461to s. 322.21.
2462     (2)  Department-approved specialty driver's licenses and
2463identification cards shall, at a minimum, be available for state
2464and independent universities domiciled in this state, all
2465Florida professional sports teams designated in s.
2466320.08058(9)(a), and all branches of the United States military.
2467     (3)  The design and use of each specialty driver's license
2468and identification card must be approved by the department and
2469the organization that is recognized by the driver's license or
2470card.
2471     (4)  Organizations receiving funds from this program shall
2472attest as provided in 320.08062 that the funds have been
2473expended in the same manner as provided in s. 320.08058. On
2474December 1 of each year, the department shall deliver an annual
2475report to the President of the Senate and the Speaker of the
2476House of Representatives addressing the viability of the program
2477and detailing the amounts distributed to each entity.
2478     (5)  This section is repealed August 31, 2015.
2479     Section 65.  Subsection (2) of section 322.19, Florida
2480Statutes, is amended to read:
2481     322.19  Change of address or name.-
2482     (2)  Whenever any person, after applying for or receiving a
2483driver's license, changes the legal residence or mailing address
2484in the application or license, the person must, within 10
2485calendar days, obtain a replacement license that reflects the
2486change. A written request to the department must include the old
2487and new addresses and the driver's license number. Persons with
2488a valid, current student identification card issued by an
2489educational institution in this state are presumed not to have
2490changed their legal residence or mailing address. Nothing in
2491this provision shall affect any person required to register a
2492permanent or temporary address change pursuant to s. 775.13, s.
2493775.21, s. 775.25, or s. 943.0435.
2494     Section 66.  Subsections (9), (10), (13), (14), and (16) of
2495section 322.20, Florida Statutes, are amended to read:
2496     322.20  Records of the department; fees; destruction of
2497records.-
2498     (9)  The department may, upon application, furnish to any
2499person, from its the records of the Division of Driver Licenses,
2500a list of the names, addresses, and birth dates of the licensed
2501drivers of the entire state or any portion thereof by age group.
2502In addition, the department may furnish to the courts, for the
2503purpose of establishing jury selection lists, the names,
2504addresses, and birth dates of the persons of the entire state or
2505any portion thereof by age group having identification cards
2506issued by the department. Each person who requests such
2507information shall pay a fee, set by the department, of 1 cent
2508per name listed, except that the department shall furnish such
2509information without charge to the courts for the purpose of jury
2510selection or to any state agency or to any state attorney,
2511sheriff, or chief of police. Such court, state agency, state
2512attorney, or law enforcement agency may not sell, give away, or
2513allow the copying of such information. Noncompliance with this
2514prohibition shall authorize the department to charge the
2515noncomplying court, state agency, state attorney, or law
2516enforcement agency the appropriate fee for any subsequent lists
2517requested. The department may adopt rules necessary to implement
2518this subsection.
2519     (10)  The department Division of Driver Licenses is
2520authorized, upon application of any person and payment of the
2521proper fees, to search and to assist such person in the search
2522of the records of the department and make reports thereof and to
2523make photographic copies of the departmental records and
2524attestations thereof.
2525     (13)  The department Division of Driver Licenses shall
2526implement a system that allows either parent of a minor, or a
2527guardian, or other responsible adult who signed a minor's
2528application for a driver's license to have Internet access
2529through a secure website to inspect the minor's driver history
2530record. Internet access to driver history records granted to a
2531minor's parents, guardian, or other responsible adult shall be
2532furnished by the department at no fee and shall terminate when
2533the minor attains 18 years of age.
2534     (14)  The department is authorized in accordance with
2535chapter 257 to destroy reports, records, documents, papers, and
2536correspondence in the department Division of Driver Licenses
2537which are considered obsolete.
2538     (16)  The creation and maintenance of records by the
2539Division of Motorist Services within the department and the
2540Division of Driver Licenses pursuant to this chapter shall not
2541be regarded as law enforcement functions of agency
2542recordkeeping.
2543     Section 67.  Section 322.202, Florida Statutes, is amended
2544to read:
2545     322.202  Admission of evidence obtained from the Division
2546of Motorist Services Driver Licenses and the Division of Motor
2547Vehicles.-
2548     (1)  The Legislature finds that the Division of Motorist
2549Services Driver Licenses and the Division of Motor Vehicles of
2550the Department of Highway Safety and Motor Vehicles is are not a
2551law enforcement agency agencies. The Legislature also finds that
2552the division is divisions are not an adjunct adjuncts of any law
2553enforcement agency in that employees have no stake in particular
2554prosecutions. The Legislature further finds that errors in
2555records maintained by the Division of Motorist Services
2556divisions are not within the collective knowledge of any law
2557enforcement agency. The Legislature also finds that the mission
2558missions of the Division of Motorist Services Driver Licenses,
2559the Division of Motor Vehicles, and the Department of Highway
2560Safety and Motor Vehicles provides provide a sufficient
2561incentive to maintain records in a current and correct fashion.
2562     (2)  The Legislature finds that the purpose of the
2563exclusionary rule is to deter misconduct on the part of law
2564enforcement officers and law enforcement agencies.
2565     (3)  The Legislature finds that the application of the
2566exclusionary rule to cases where a law enforcement officer
2567effects an arrest based on objectively reasonable reliance on
2568information obtained from the division divisions is repugnant to
2569the purposes of the exclusionary rule and contrary to the
2570decisions of the United States Supreme Court in Arizona v.
2571Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897
2572(1984).
2573     (4)  In any case where a law enforcement officer effects an
2574arrest based on objectively reasonable reliance on information
2575obtained from the division divisions, evidence found pursuant to
2576such an arrest shall not be suppressed by application of the
2577exclusionary rule on the grounds that the arrest is subsequently
2578determined to be unlawful due to erroneous information obtained
2579from the divisions.
2580     Section 68.  Paragraph (i) is added to subsection (1) of
2581section 322.21, Florida Statutes, and subsections (2) and (4) of
2582that section are amended, to read:
2583     322.21  License fees; procedure for handling and collecting
2584fees.-
2585     (1)  Except as otherwise provided herein, the fee for:
2586     (i)  The specialty license or identification card issued
2587pursuant to s. 322.1415 is $25, which is in addition to other
2588fees required in this section. The specialty fee shall be
2589distributed as follows:
2590     1.  Fifty percent shall be distributed as provided in
2591section 320.08058 to the appropriate state or independent
2592university, the professional sports team, or branches of the
2593military.
2594     2.  Fifty percent shall be distributed to the department  
2595for department costs directly related to the specialty driver's
2596license and identification card program and to defray costs of
2597production enhancements and distribution.
2598     (2)  It is the duty of the director of the Division of
2599Motorist Services to provide Driver Licenses to set up a
2600division in the department with the necessary personnel to
2601perform the necessary clerical and routine work for the
2602department in issuing and recording applications, licenses, and
2603certificates of eligibility, including the receiving and
2604accounting of all license funds and their payment into the State
2605Treasury, and other incidental clerical work connected with the
2606administration of this chapter. The department may use such
2607electronic, mechanical, or other devices as necessary to
2608accomplish the purposes of this chapter.
2609     (4)  If the department determines from its records or is
2610otherwise satisfied that the holder of a license about to expire
2611is entitled to have it renewed, the department shall mail a
2612renewal notice to the licensee at his or her last known address,
2613at least within 30 days before the licensee's birthday. The
2614licensee may shall be issued a renewal license, after
2615reexamination, if required, during the 30 days immediately
2616preceding his or her birthday upon presenting a renewal notice,
2617his or her current license, and the fee for renewal to the
2618department at any driver's license examining office. A driver
2619may renew his or her driver's license up to 18 months prior to
2620the license expiration date.
2621     Section 69.  Subsection (1) of section 322.22, Florida
2622Statutes, is amended to read:
2623     322.22  Authority of department to cancel license.-
2624     (1)  The department is authorized to cancel any driver's
2625license, upon determining that the licensee is was not entitled
2626to the license issuance thereof, or that the licensee failed to
2627give the required or correct information in his or her
2628application or committed any fraud in making such application,
2629or that the licensee has two or more licenses on file with the
2630department, each in a different name but bearing the photograph
2631of the licensee, unless the licensee has complied with the
2632requirements of this chapter in obtaining the licenses. The
2633department may cancel any driver's license, identification card,
2634vehicle or vessel registration, or fuel-use decal if the
2635licensee fails to pay the correct fee or pays for the driver's
2636license, identification card, vehicle or vessel registration, or
2637fuel-use decal; pays any tax liability, penalty, or interest
2638specified in chapter 207; or pays any administrative,
2639delinquency, or reinstatement fee by a dishonored check.
2640     Section 70.  Subsection (6) of section 322.2615, Florida
2641Statutes, is amended to read:
2642     322.2615  Suspension of license; right to review.-
2643     (6)(a)  If the person whose license was suspended requests
2644a formal review, the department must schedule a hearing to be
2645held within 30 days after such request is received by the
2646department and must notify the person of the date, time, and
2647place of the hearing.
2648     (b)  Such formal review hearing shall be held before a
2649hearing officer employed by the department, and the hearing
2650officer shall be authorized to administer oaths, examine
2651witnesses and take testimony, receive relevant evidence, issue
2652subpoenas for the officers and witnesses identified in documents
2653in subsection (2), regulate the course and conduct of the
2654hearing, question witnesses, and make a ruling on the
2655suspension. The party requesting the presence of a witness shall
2656be responsible for the payment of any witness fees and for
2657notifying in writing the state attorney's office in the
2658appropriate circuit of the issuance of the subpoena. If the
2659person who requests a formal review hearing fails to appear and
2660the hearing officer finds such failure to be without just cause,
2661the right to a formal hearing is waived and the suspension shall
2662be sustained.
2663     (c)  A party may seek enforcement of a subpoena under
2664paragraph (b) by:
2665     1.  Filing a motion for enforcement of a subpoena in the
2666related criminal case, if any; or
2667     2.  Filing a petition for enforcement in the circuit court
2668of the judicial circuit in which the person failing to comply
2669with the subpoena resides. A failure to comply with an order of
2670the court shall result in a finding of contempt of court.
2671However, a person is not in contempt while a subpoena is being
2672challenged.
2673     (d)  The department must, within 7 working days after a
2674formal review hearing, send notice to the person of the hearing
2675officer's decision as to whether sufficient cause exists to
2676sustain, amend, or invalidate the suspension.
2677     Section 71.  Subsection (12) is added to section 322.34,
2678Florida Statutes, to read:
2679     322.34  Driving while license suspended, revoked, canceled,
2680or disqualified.-
2681     (1)  Except as provided in subsection (2), any person whose
2682driver's license or driving privilege has been canceled,
2683suspended, or revoked, except a "habitual traffic offender" as
2684defined in s. 322.264, who drives a vehicle upon the highways of
2685this state while such license or privilege is canceled,
2686suspended, or revoked is guilty of a moving violation,
2687punishable as provided in chapter 318.
2688     (12)  A person who commits a moving violation as provided
2689in subsection (1) shall not have his or her motor vehicle
2690impounded or immobilized.
2691     Section 72.  Subsection (2) of section 322.53, Florida
2692Statutes, is amended to read:
2693     322.53  License required; exemptions.-
2694     (2)  The following persons are exempt from the requirement
2695to obtain a commercial driver's license:
2696     (a)  Drivers of authorized emergency vehicles.
2697     (b)  Military personnel driving vehicles operated for
2698military purposes.
2699     (c)  Farmers transporting agricultural products, farm
2700supplies, or farm machinery to or from their farms within 150
2701miles of their farm if the vehicle operated under this exemption
2702is not used in the operations of a common or contract motor
2703carrier, or transporting agricultural products to or from the
2704first place of storage or processing or directly to or from
2705market, within 150 miles of their farm.
2706     (d)  Drivers of recreational vehicles, as defined in s.
2707320.01.
2708     (e)  Drivers who operate straight trucks, as defined in s.
2709316.003, which that are exclusively transporting their own
2710tangible personal property that which is not for sale or hire,
2711and the vehicles are not used in commerce.
2712     (f)  An employee of a publicly owned transit system who is
2713limited to moving vehicles for maintenance or parking purposes
2714exclusively within the restricted-access confines of a transit
2715system's property.
2716     Section 73.  Subsection (5) is added to section 322.54,
2717Florida Statutes, to read:
2718     322.54  Classification.-
2719     (5)  The required driver's license classification of any
2720person operating a commercial motor vehicle that has no gross
2721vehicle weight rating plate or no vehicle identification number
2722shall be determined by the actual weight of the vehicle.
2723     Section 74.  Section 322.58, Florida Statutes, is repealed.
2724     Section 75.  Section 322.59, Florida Statutes, is amended
2725to read:
2726     322.59  Possession of medical examiner's certificate.-
2727     (1)  The department shall not issue a commercial driver's
2728license to any person who is required by the laws of this state
2729or by federal law to possess a medical examiner's certificate,
2730unless such person provides presents a valid certificate, as
2731described in 49 C.F.R. s. 383.71 prior to licensure.
2732     (2)  The department shall disqualify a driver from
2733operating a commercial motor vehicle if that driver holds a
2734commercial driver's license and fails to comply with the medical
2735certification requirements described in 49 C.F.R. s. 383.71.
2736     (2)  This section does not expand the requirements as to
2737who must possess a medical examiner's certificate.
2738     Section 76.  Subsection (5) of section 322.61, Florida
2739Statutes, is amended to read:
2740     322.61  Disqualification from operating a commercial motor
2741vehicle.-
2742     (5)  Any person who is convicted of two violations
2743specified in subsection (3) which were committed while operating
2744a commercial motor vehicle, or any combination thereof, arising
2745in separate incidents shall be permanently disqualified from
2746operating a commercial motor vehicle. Any holder of a commercial
2747driver's license who is convicted of two violations specified in
2748subsection (3), which were committed while operating any a
2749noncommercial motor vehicle, or any combination thereof, arising
2750in separate incidents shall be permanently disqualified from
2751operating a commercial motor vehicle. The penalty provided in
2752this subsection is in addition to any other applicable penalty.
2753     Section 77.  Subsections (1), (4), (7), (8), and (11) of
2754section 322.64, Florida Statutes, are amended to read:
2755     322.64  Holder of commercial driver's license; persons
2756operating a commercial motor vehicle; driving with unlawful
2757blood-alcohol level; refusal to submit to breath, urine, or
2758blood test.-
2759     (1)(a)  A law enforcement officer or correctional officer
2760shall, on behalf of the department, disqualify from operating
2761any commercial motor vehicle a person who while operating or in
2762actual physical control of a commercial motor vehicle is
2763arrested for a violation of s. 316.193, relating to unlawful
2764blood-alcohol level or breath-alcohol level, or a person who has
2765refused to submit to a breath, urine, or blood test authorized
2766by s. 322.63 or s. 316.1932 arising out of the operation or
2767actual physical control of a commercial motor vehicle. A law
2768enforcement officer or correctional officer shall, on behalf of
2769the department, disqualify the holder of a commercial driver's
2770license from operating any commercial motor vehicle if the
2771licenseholder, while operating or in actual physical control of
2772a motor vehicle, is arrested for a violation of s. 316.193,
2773relating to unlawful blood-alcohol level or breath-alcohol
2774level, or refused to submit to a breath, urine, or blood test
2775authorized by s. 322.63 or s. 316.1932. Upon disqualification of
2776the person, the officer shall take the person's driver's license
2777and issue the person a 10-day temporary permit for the operation
2778of noncommercial vehicles only if the person is otherwise
2779eligible for the driving privilege and shall issue the person a
2780notice of disqualification. If the person has been given a
2781blood, breath, or urine test, the results of which are not
2782available to the officer at the time of the arrest, the agency
2783employing the officer shall transmit such results to the
2784department within 5 days after receipt of the results. If the
2785department then determines that the person had a blood-alcohol
2786level or breath-alcohol level of 0.08 or higher, the department
2787shall disqualify the person from operating a commercial motor
2788vehicle pursuant to subsection (3).
2789     (b)  For purposes of determining the period of
2790disqualification described in 49 C.F.R. s. 383.51,
2791disqualifications listed in paragraph (a) shall be treated as
2792convictions.
2793     (c)(b)  The disqualification under paragraph (a) shall be
2794pursuant to, and the notice of disqualification shall inform the
2795driver of, the following:
2796     1.a.  The driver refused to submit to a lawful breath,
2797blood, or urine test and he or she is disqualified from
2798operating a commercial motor vehicle for the time period
2799specified in 49 C.F.R. s. 383.51 a period of 1 year, for a first
2800refusal, or permanently, if he or she has previously been
2801disqualified under this section; or
2802     b.  The driver had an unlawful blood-alcohol or breath-
2803alcohol level of 0.08 or higher while driving or in actual
2804physical control of a commercial motor vehicle, or any motor
2805vehicle if the driver holds a commercial driver license, and is
2806disqualified for the time period specified in 49 C.F.R. s.
2807383.51. The driver was driving or in actual physical control of
2808a commercial motor vehicle, or any motor vehicle if the driver
2809holds a commercial driver's license, had an unlawful blood-
2810alcohol level or breath-alcohol level of 0.08 or higher, and his
2811or her driving privilege shall be disqualified for a period of 1
2812year for a first offense or permanently disqualified if his or
2813her driving privilege has been previously disqualified under
2814this section.
2815     2.  The disqualification period for operating commercial
2816vehicles shall commence on the date of issuance of the notice of
2817disqualification.
2818     3.  The driver may request a formal or informal review of
2819the disqualification by the department within 10 days after the
2820date of issuance of the notice of disqualification.
2821     4.  The temporary permit issued at the time of
2822disqualification expires at midnight of the 10th day following
2823the date of disqualification.
2824     5.  The driver may submit to the department any materials
2825relevant to the disqualification.
2826     (4)  If the person disqualified requests an informal review
2827pursuant to subparagraph (1)(c)(b)3., the department shall
2828conduct the informal review by a hearing officer employed by the
2829department. Such informal review hearing shall consist solely of
2830an examination by the department of the materials submitted by a
2831law enforcement officer or correctional officer and by the
2832person disqualified, and the presence of an officer or witness
2833is not required.
2834     (7)  In a formal review hearing under subsection (6) or an
2835informal review hearing under subsection (4), the hearing
2836officer shall determine by a preponderance of the evidence
2837whether sufficient cause exists to sustain, amend, or invalidate
2838the disqualification. The scope of the review shall be limited
2839to the following issues:
2840     (a)  If the person was disqualified from operating a
2841commercial motor vehicle for driving with an unlawful blood-
2842alcohol level:
2843     1.  Whether the arresting law enforcement officer had
2844probable cause to believe that the person was driving or in
2845actual physical control of a commercial motor vehicle, or any
2846motor vehicle if the driver holds a commercial driver's license,
2847in this state while he or she had any alcohol, chemical
2848substances, or controlled substances in his or her body.
2849     2.  Whether the person had an unlawful blood-alcohol level
2850or breath-alcohol level of 0.08 or higher.
2851     (b)  If the person was disqualified from operating a
2852commercial motor vehicle for refusal to submit to a breath,
2853blood, or urine test:
2854     1.  Whether the law enforcement officer had probable cause
2855to believe that the person was driving or in actual physical
2856control of a commercial motor vehicle, or any motor vehicle if
2857the driver holds a commercial driver's license, in this state
2858while he or she had any alcohol, chemical substances, or
2859controlled substances in his or her body.
2860     2.  Whether the person refused to submit to the test after
2861being requested to do so by a law enforcement officer or
2862correctional officer.
2863     3.  Whether the person was told that if he or she refused
2864to submit to such test he or she would be disqualified from
2865operating a commercial motor vehicle for a period of 1 year or,
2866if previously disqualified under this section, permanently.
2867     (8)  Based on the determination of the hearing officer
2868pursuant to subsection (7) for both informal hearings under
2869subsection (4) and formal hearings under subsection (6), the
2870department shall:
2871     (a)  sustain the disqualification for the time period
2872described in 49 C.F.R. s. 383.51 a period of 1 year for a first
2873refusal, or permanently if such person has been previously
2874disqualified from operating a commercial motor vehicle under
2875this section. The disqualification period commences on the date
2876of the issuance of the notice of disqualification.
2877     (b)  Sustain the disqualification:
2878     1.  For a period of 1 year if the person was driving or in
2879actual physical control of a commercial motor vehicle, or any
2880motor vehicle if the driver holds a commercial driver's license,
2881and had an unlawful blood-alcohol level or breath-alcohol level
2882of 0.08 or higher; or
2883     2.  Permanently if the person has been previously
2884disqualified from operating a commercial motor vehicle under
2885this section or his or her driving privilege has been previously
2886suspended for driving or being in actual physical control of a
2887commercial motor vehicle, or any motor vehicle if the driver
2888holds a commercial driver's license, and had an unlawful blood-
2889alcohol level or breath-alcohol level of 0.08 or higher.
2890
2891The disqualification period commences on the date of the
2892issuance of the notice of disqualification.
2893     (11)  The formal review hearing may be conducted upon a
2894review of the reports of a law enforcement officer or a
2895correctional officer, including documents relating to the
2896administration of a breath test or blood test or the refusal to
2897take a breath, blood, or urine either test. However, as provided
2898in subsection (6), the driver may subpoena the officer or any
2899person who administered or analyzed a breath or blood test.
2900     Section 78.  Section 328.30, Florida Statutes, is amended
2901to read:
2902     328.30  Transactions by electronic or telephonic means.-
2903     (1)  The department may is authorized to accept any
2904application provided for under this chapter by electronic or
2905telephonic means.
2906     (2)  The department may issue an electronic certificate of
2907title in lieu of printing a paper title.
2908     (3)  The department may collect and use electronic mail
2909addresses for the purpose of providing renewal notices in lieu
2910of the United States Postal Service.
2911     Section 79.  Subsection (2) of section 413.012, Florida
2912Statutes, is amended to read:
2913     413.012  Confidential records disclosure prohibited;
2914exemptions.-
2915     (2)  It is unlawful for any person to disclose, authorize
2916the disclosure, solicit, receive, or make use of any list of
2917names and addresses or any record containing any information set
2918forth in subsection (1) and maintained in the division. The
2919prohibition provided for in this subsection shall not apply to
2920the use of such information for purposes directly connected with
2921the administration of the vocational rehabilitation program or
2922with the monthly dispatch to the Division of Driver Licenses of
2923the Department of Highway Safety and Motor Vehicles of the name
2924in full, place and date of birth, sex, social security number,
2925and resident address of individuals with central visual acuity
292620/200 or less in the better eye with correcting glasses, or a
2927disqualifying field defect in which the peripheral field has
2928contracted to such an extent that the widest diameter or visual
2929field subtends an angular distance no greater than 20 degrees.
2930When requested in writing by an applicant or client, or her or
2931his representative, the Division of Blind Services shall release
2932confidential information to the applicant or client or her or
2933his representative.
2934     Section 80.  Paragraph (f) of subsection (13) of section
2935713.78, Florida Statutes, is amended to read:
2936     713.78  Liens for recovering, towing, or storing vehicles
2937and vessels.-
2938     (13)
2939     (f)  This subsection applies only to the annual renewal in
2940the registered owner's birth month of a motor vehicle
2941registration and does not apply to the transfer of a
2942registration of a motor vehicle sold by a motor vehicle dealer
2943licensed under chapter 320, except for the transfer of
2944registrations which is inclusive of the annual renewals. This
2945subsection does not apply to any vehicle registered in the name
2946of the lessor. This subsection does not affect the issuance of
2947the title to a motor vehicle, notwithstanding s.
2948319.23(8)(7)(b).
2949     Section 81.  Edna S. Hargrett-Thrower Avenue designated;
2950Department of Transportation to erect suitable markers.-
2951     (1)  That portion of Orange Blossom Trail between Gore
2952Street and Church Street in Orange County is designated as "Edna
2953S. Hargrett-Thrower Avenue."
2954     (2)  The Department of Transportation is directed to erect
2955suitable markers designating Edna S. Hargrett-Thrower Avenue as
2956described in subsection (1).
2957     Section 82.  SP4 Thomas Berry Corbin Memorial Highway
2958designated; Department of Transportation to erect suitable
2959markers.-
2960     (1)  That portion of U.S. Highway 19/27A/98/State Road 55
2961between the Suwannee River Bridge and N.E. 592nd Street/Chavous
2962Road/Kate Green Road in Dixie County is designated as "SP4
2963Thomas Berry Corbin Memorial Highway."
2964     (2)  The Department of Transportation is directed to erect
2965suitable markers designating SP4 Thomas Berry Corbin Memorial
2966Highway as described in subsection (1).
2967     Section 83.  U.S. Navy BMC Samuel Calhoun Chavous, Jr.
2968Memorial Highway designated; Department of Transportation to
2969erect suitable markers.-
2970     (1)  That portion of U.S. Highway 19/98/State Road 55
2971between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
2972170th Street in Dixie County is designated as "U.S. Navy BMC
2973Samuel Calhoun Chavous, Jr. Memorial Highway."
2974     (2)  The Department of Transportation is directed to erect
2975suitable markers designating U.S. Navy BMC Samuel Calhoun
2976Chavous, Jr. Memorial Highway as described in subsection (1).
2977     Section 84.  Marine Lance Corporal Brian R. Buesing
2978Memorial Highway designated; Department of Transportation to
2979erect suitable markers.-
2980     (1)  That portion of State Road 24 between County Road 347
2981and Bridge Number 340053 in Levy County is designated as "Marine
2982Lance Corporal Brian R. Buesing Memorial Highway."
2983     (2)  The Department of Transportation is directed to erect
2984suitable markers designating Marine Lance Corporal Brian R.
2985Buesing Memorial Highway as described in subsection (1).
2986     Section 85.  United States Army Sergeant Karl A. Campbell
2987Memorial Highway designated; Department of Transportation to
2988erect suitable markers.-
2989     (1)  That portion of U.S. Highway 19/98/State Road 55/S.
2990Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
2991County is designated as "United States Army Sergeant Karl A.
2992Campbell Memorial Highway."
2993     (2)  The Department of Transportation is directed to erect
2994suitable markers designating United States Army Sergeant Karl A.
2995Campbell Memorial Highway as described in subsection (1).
2996     Section 86.  U.S. Army SPC James A. Page Memorial Highway
2997designated; Department of Transportation to erect suitable
2998markers.-
2999     (1)  That portion of U.S. Highway 27A/State Road
3000500/Hathaway Avenue between State Road 24/Thrasher Drive and
3001Town Court in Levy County is designated as "U.S. Army SPC James
3002A. Page Memorial Highway."
3003     (2)  The Department of Transportation is directed to erect
3004suitable markers designating U.S. Army SPC James A. Page
3005Memorial Highway as described in subsection (1).
3006     Section 87.  Veterans Memorial Highway designated;
3007Department of Transportation to erect suitable markers.-
3008     (1)  That portion of State Road 19 between U.S. Highway
300917/State Road 15 and Carriage Drive in the City of Palatka in
3010Putnam County is designated as "Veterans Memorial Highway."
3011     (2)  The Department of Transportation is directed to erect
3012suitable markers designating Veterans Memorial Highway as
3013described in subsection (1).
3014     Section 88.  Ben G. Watts Highway designated; Department of
3015Transportation to erect suitable markers.-
3016     (1)  That portion of U.S. Highway 90/State Road 10 between
3017the Holmes County line and the Jackson County line in Washington
3018County is designated as "Ben G. Watts Highway."
3019     (2)  The Department of Transportation is directed to erect
3020suitable markers designating Ben G. Watts Highway as described
3021in subsection (1).
3022     Section 89.  Mardi Gras Way designated; Department of
3023Transportation to erect suitable markers.-
3024     (1)  That portion of State Road 824 between Interstate 95
3025and U.S. Highway 1 in Broward County is designated as "Mardi
3026Gras Way."
3027     (2)  The Department of Transportation is directed to erect
3028suitable markers designating Mardi Gras Way as described in
3029subsection (1).
3030     Section 90.  West Park Boulevard designated; Department of
3031Transportation to erect suitable markers.-
3032     (1)  That portion of State Road 7 between Pembroke Road and
3033County Line Road in Broward County is designated as "West Park
3034Boulevard."
3035     (2)  The Department of Transportation is directed to erect
3036suitable markers designating West Park Boulevard as described in
3037subsection (1).
3038     Section 91.  Pembroke Park Boulevard designated; Department
3039of Transportation to erect suitable markers.-
3040     (1)  That portion of State Road 858/Hallandale Beach
3041Boulevard between Interstate 95 and U.S. Highway 441/State Road
30427 in Broward County is designated as "Pembroke Park Boulevard."
3043     (2)  The Department of Transportation is directed to erect
3044suitable markers designating Pembroke Park Boulevard as
3045described in subsection (1).
3046     Section 92.  Stark Memorial Drive designated; Department of
3047Transportation to erect suitable markers.-
3048     (1)  That portion of State Road 101/Mayport Road between
3049State Road A1A and Wonderwood Connector in Duval County is
3050designated as "Stark Memorial Drive."
3051     (2)  The Department of Transportation is directed to erect
3052suitable markers designating Stark Memorial Drive as described
3053in subsection (1).
3054     Section 93.  Duval County Law Enforcement Memorial Overpass
3055designated; Department of Transportation to erect suitable
3056markers.-
3057     (1)  The Interstate 295/State Road 9A overpass (Bridge
3058Numbers 720256 and 720347) over Interstate 10/State Road 8 in
3059Duval County is designated as "Duval County Law Enforcement
3060Memorial Overpass."
3061     (2)  The Department of Transportation is directed to erect
3062suitable markers designating Duval County Law Enforcement
3063Memorial Overpass as described in subsection (1).
3064     Section 94.  Verna Bell Way designated; Department of
3065Transportation to erect suitable markers.-
3066     (1)  That portion of State Road 200 between Lime Street and
3067Beech Street in the City of Fernandina Beach in Nassau County is
3068designated as "Verna Bell Way."
3069     (2)  The Department of Transportation is directed to erect
3070suitable markers designating Verna Bell Way as described in
3071subsection (1).
3072     Section 95.  Deputy Hal P. Croft and Deputy Ronald Jackson
3073Memorial Highway designated; Department of Transportation to
3074erect suitable markers.-
3075     (1)  That portion of State Road 100 East in Union County
3076between the Bradford County line and the Columbia County line is
3077designated as "Deputy Hal P. Croft and Deputy Ronald Jackson
3078Memorial Highway."
3079     (2)  The Department of Transportation is directed to erect
3080suitable markers designating Deputy Hal P. Croft and Deputy
3081Ronald Jackson Memorial Highway as described in subsection (1).
3082     Section 96.  Dr. Oscar Elias Biscet Boulevard designated;
3083Department of Transportation to erect suitable markers.-
3084     (1)  That portion of Coral Way between S.W. 32nd Avenue and
3085S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
3086Oscar Elias Biscet Boulevard."
3087     (2)  The Department of Transportation is directed to erect
3088suitable markers designating Dr. Oscar Elias Biscet Boulevard as
3089described in subsection (1).
3090     Section 97.  Hugh Anderson Boulevard designated; Department
3091of Transportation to erect suitable markers.-
3092     (1)  That portion of Biscayne Boulevard between N.E. 88th
3093Street and N.E. 105th Street in Miami Shores Village in Miami-
3094Dade County is designated as "Hugh Anderson Boulevard."
3095     (2)  The Department of Transportation is directed to erect
3096suitable markers designating Hugh Anderson Boulevard as
3097described in subsection (1).
3098     Section 98.  Palmetto General Hospital Way designated;
3099Department of Transportation to erect suitable markers.-
3100     (1)  That portion of West 20th Avenue between West 68th
3101Street and West 73rd Street in Miami-Dade County is designated
3102as "Palmetto General Hospital Way."
3103     (2)  The Department of Transportation is directed to erect
3104suitable markers designating Palmetto General Hospital Way as
3105described in subsection (1).
3106     Section 99.  Senator Javier D. Souto Way designated;
3107Department of Transportation to erect suitable markers.-
3108     (1)  That portion of State Road 976/Bird Road between S.W.
310987th Avenue and the Palmetto Expressway Ramp in Miami-Dade
3110County is designated as "Senator Javier D. Souto Way."
3111     (2)  The Department of Transportation is directed to erect
3112suitable markers designating Senator Javier D. Souto Way as
3113described subsection (1).
3114     Section 100.  Reverend Max Salvadore Avenue designated;
3115Department of Transportation to erect suitable markers.-
3116     (1)  That portion of S.W. 27th Avenue between S.W. 8th
3117Street and S.W. 13th Street in the City of Miami in Miami-Dade
3118County is designated as "Reverend Max Salvadore Avenue."
3119     (2)  The Department of Transportation is directed to erect
3120suitable markers designating Reverend Max Salvadore Avenue as
3121described in subsection (1).
3122     Section 101.  BRIGADA 2506 STREET, Carlos Rodriguez Santana
3123designated; Department of Transportation to erect suitable
3124markers.-
3125     (1)  That portion of S.W. 8th Street between S.W. 10th
3126Avenue and S.W. 12th Avenue in the City of Miami in Miami-Dade
3127County is designated as "BRIGADA 2506 STREET, Carlos Rodriguez
3128Santana."
3129     (2)  The Department of Transportation is directed to erect
3130suitable markers designating BRIGADA 2506 STREET, Carlos
3131Rodriguez Santana as described in subsection (1).
3132     Section 102.  Rev. Jorge Comesanas Way designated;
3133Department of Transportation to erect suitable markers.-
3134     (1)  That portion of S.W. 87th Avenue between S.W. 8th
3135Street and S.W. 24th Street in Miami-Dade County is designated
3136as "Rev. Jorge Comesanas Way."
3137     (2)  The Department of Transportation is directed to erect
3138suitable markers designating Rev. Jorge Comesanas Way as
3139described in subsection (1).
3140     Section 103.  Amadeo Lopez-Castro, Jr. Road designated;
3141Department of Transportation to erect suitable markers.-
3142     (1)  That portion of S.W. 57th Avenue/Red Road between S.W.
31438th Street and S.W. 88th Street/Kendall Drive in Miami-Dade
3144County is designated as "Amadeo Lopez-Castro, Jr. Road."
3145     (2)  The Department of Transportation is directed to erect
3146suitable markers designating Amadeo Lopez-Castro, Jr. Road as
3147described in subsection (1).
3148     Section 104.  Benjamin Leon, Jr. Way designated; Department
3149of Transportation to erect suitable markers.-
3150     (1)  That portion of 27th Avenue located in Miami-Dade
3151County is designated as "Benjamin Leon, Jr. Way."
3152     (2)  The Department of Transportation is directed to erect
3153suitable markers designating Benjamin Leon, Jr. Way as described
3154in subsection (1).
3155     Section 105.  Miami Medical Team Way designated; Department
3156of Transportation to erect suitable markers.-
3157     (1)  That portion of Coral Way/S.W. 22nd Street between
315824th Avenue and 27th Avenue in Miami-Dade County is designated
3159as "Miami Medical Team Way."
3160     (2)  The Department of Transportation is directed to erect
3161suitable markers designating Miami Medical Team Way as described
3162in subsection (1).
3163     Section 106.  Alma Lee Loy Bridge designated; Department of
3164Transportation to erect suitable markers.-
3165     (1)  Bridge Number 880077 on State Road 656 between State
3166Road A1A and Indian River Boulevard in the City of Vero Beach in
3167Indian River County is designated as "Alma Lee Loy Bridge."
3168     (2)  The Department of Transportation is directed to erect
3169suitable markers designating Alma Lee Loy Bridge as described
3170subsection (1).
3171     Section 107.  Samuel B. Love Memorial Highway designated;
3172Department of Transportation to erect suitable markers.-
3173     (1)  That portion of Sunset Harbor Road between S.E. 105th
3174Avenue and S.E. 115th Avenue in Marion County is designated as
3175"Samuel B. Love Memorial Highway."
3176     (2)  The Department of Transportation is directed to erect
3177suitable markers designating Samuel B. Love Memorial Highway as
3178described in subsection (1).
3179     Section 108.  Elvin Martinez Road designated; Department of
3180Transportation to erect suitable markers.-
3181     (1)  That portion of Tampa Bay Boulevard between Armenia
3182Avenue and Himes Avenue in Hillsborough County is designated as
3183"Elvin Martinez Road."
3184     (2)  The Department of Transportation is directed to erect
3185suitable markers designating Elvin Martinez Road as described in
3186subsection (1).
3187     Section 109.  Whale Harbor Joe Roth, Jr. Bridge designated;
3188Department of Transportation to erect suitable markers.-
3189     (1)  Whale Harbor Bridge (Bridge Number 900076) on U.S.
3190Highway 1/State Road 5 in Monroe County is designated as "Whale
3191Harbor Joe Roth Jr. Bridge."
3192     (2)  The Department of Transportation is directed to erect
3193suitable markers designating Whale Harbor Joe Roth Jr. Bridge as
3194described in subsection (1).
3195     Section 110.  Florida Highway Patrol Trooper Sgt. Nicholas
3196G. Sottile Memorial designated; Department of Transportation to
3197erect suitable markers.-
3198     (1)  Milepost 22.182 on U.S. Highway 27 in Highlands County
3199is designated as "Florida Highway Patrol Trooper Sgt. Nicholas
3200G. Sottile Memorial."
3201     (2)  The Department of Transportation is directed to erect
3202suitable markers designating Florida Highway Patrol Trooper Sgt.
3203Nicholas G. Sottile Memorial as described subsection (1).
3204     Section 111.  Coach Jimmy Carnes Boulevard designated;
3205Department of Transportation to erect suitable markers.-
3206     (1)  That portion of S.W. 23rd Street, in front of James G.
3207Pressly Stadium, and 4211 S.W. 23rd Street, located between S.W.
32082nd Avenue and Fraternity Row/Drive in Alachua County, is
3209designated as "Coach Jimmy Carnes Boulevard."
3210     (2)  The Department of Transportation is directed to erect
3211suitable markers designating Coach Jimmy Carnes Boulevard as
3212described in subsection (1).
3213     Section 112.  Section 24 of chapter 2010-230, Laws of
3214Florida, is amended to read:
3215     Section 24.  Miss Lillie Williams Boulevard designated;
3216Department of Transportation to erect suitable markers.-
3217     (1)  That portion of N.W. 79th Street between N.W. 6th
3218Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
3219designated as "Miss Lillie Williams Boulevard."
3220     (2)  The Department of Transportation is directed to erect
3221suitable markers designating Miss Lillie Williams Boulevard as
3222described in subsection (1).
3223     Section 113.  Section 45 of chapter 2010-230, Laws of
3224Florida, is amended to read:
3225     Section 45.  Father Gerard Jean-Juste Street designated;
3226Department of Transportation to erect suitable markers.-
3227     (1)  That portion of N.W. 54th Street in Miami-Dade County
3228between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
3229is designated "Father Gerard Jean-Juste Street."
3230     (2)  The Department of Transportation is directed to erect
3231suitable markers designating Father Gerard Jean-Juste Street as
3232described in subsection (1).
3233     Section 114.  Tanya Martin Oubre Pekel Street designated;
3234Department of Transportation to erect suitable markers.-
3235     (1)  That portion of State Road 932/N.E. 103rd Street
3236between N.W. 3rd Avenue and N.E. 6th Avenue in Miami-Dade County
3237is designated as "Tanya Martin Oubre Pekel Street."
3238     (2)  The Department of Transportation is directed to erect
3239suitable markers designating Tanya Martin Oubre Pekel Street as
3240described in subsection (1).
3241     Section 115.  Deputy Jack A. Romeis Road designated;
3242Department of Transportation to erect suitable markers.-
3243     (1)  That portion of State Road 26A in Gainesville, Alachua
3244County, between West University Avenue and S.W. 25th Street, is
3245designated "Deputy Jack A. Romeis Road."
3246     (2)  The Department of Transportation is directed to erect
3247suitable markers designating Deputy Jack A. Romeis Road as
3248described in subsection (1).
3249     Section 116.  Nona and Papa Road designated; Department of
3250Transportation to erect suitable markers.-
3251     (1)  That portion of the San Juan Road Extension in
3252Anastasia State Park in St. Johns County is designated as "Nona
3253and Papa Road."
3254     (2)  The Department of Transportation is directed to erect
3255suitable markers designating Nona and Papa Road as described
3256subsection (1).
3257     Section 117.  Walter Francis Spence Parkway designated;
3258Department of Transportation to erect suitable markers.-
3259     (1)  That portion of State Road 293 from U.S. Highway
326098/State Road 30 to State Road 20 in Okaloosa County is
3261designated as "Walter Francis Spence Parkway."
3262     (2)  The Department of Transportation is directed to erect
3263suitable markers designating Walter Francis Spence Parkway as
3264described subsection (1).
3265     Section 118.  Florida's Beaches and Rivers Parkway
3266designated; Department of Transportation to erect suitable
3267markers.-
3268     (1)  That portion of State Route 87 from its intersection
3269with U.S. Highway 98 northward to its intersection with U.S.
3270Highway 90 in Santa Rosa County is designated "Florida's Beaches
3271and Rivers Parkway."
3272     (2)  The Department of Transportation is directed to erect
3273suitable markers designating Florida's Beaches and Rivers
3274Parkway as described subsection (1).
3275     Section 119.  Corporal Michael J. Roberts Parkway
3276designated; Department of Transportation to erect suitable
3277markers.-
3278     (1)  That portion of U.S. 41/State Road 45/Nebraska Avenue
3279from County Road 584/Waters Avenue to State Road 580/Busch
3280Boulevard is designated as "Corporal Michael J. Roberts
3281Parkway."
3282     (2)  The Department of Transportation is directed to erect
3283suitable markers designating Corporal Michael J. Roberts as
3284described subsection (1).
3285     Section 120.  Harry T. and Harriette V. Moore Memorial
3286Highway designated; Department of Transportation to erect
3287suitable markers.-
3288     (1)  That portion of State Road 46 in Brevard County from
3289U.S. Highway 1 to the Volusia County line is designated as
3290"Harry T. and Harriette V. Moore Memorial Highway."
3291     (2)  The Department of Transportation is directed to erect
3292suitable markers designating Harry T. and Harriette V. Moore
3293Memorial Highway as described in subsection (1).
3294     Section 121.  Elizabeth G. Means Memorial Boulevard
3295designated; Department of Transportation to erect suitable
3296markers.-
3297     (1)  That portion of Beaver Street in Duval County between
3298Laura Street and Rushing Street is designated as "Elizabeth G.
3299Means Memorial Boulevard."
3300     (2)  The Department of Transportation is directed to erect
3301suitable markers designating Elizabeth G. Means Memorial
3302Boulevard as described in subsection (1).
3303     Section 122.  Louise Steward Memorial Boulevard designated;
3304Department of Transportation to erect suitable markers.-
3305     (1)  That portion of U.S. Highway 1 Alternate/SR 115/SR
3306115A/Haines Street Expressway in Duval County between 8th Street
3307and Duval Street is designated as "Louise Steward Memorial
3308Boulevard."
3309     (2)  The Department of Transportation is directed to erect
3310suitable markers designating Louise Steward Memorial Boulevard
3311as described in subsection (1).
3312     Section 123.  Isiah J. Williams, III, Memorial Boulevard
3313designated; Department of Transportation to erect suitable
3314markers.-
3315     (1)  That portion of Edgewood Avenue in Duval County
3316between Commonwealth Avenue and Beaver Street is designated as
3317"Isiah J. Williams, III, Memorial Boulevard."
3318     (2)  The Department of Transportation is directed to erect
3319suitable markers designating Isiah J. Williams, III, Memorial
3320Boulevard as described in subsection (1).
3321     Section 124.  (1)  This section may be cited as the "To
3322Inform Families First Act."
3323     (2)  The Department of Highway Safety and Motor Vehicles is
3324encouraged to educate the law enforcement community and the
3325general public about the importance of making certain that
3326drivers are aware of and use the Emergency Contact Information
3327program, established by the department. The department shall
3328provide signs for the driver license offices to advertise the
3329program. This voluntary program allows each driver the
3330opportunity to register the names of up to two individuals as
3331the person he or she would want to be contacted if he or she is
3332involved in a crash.
3333     Section 125.  The Department of Highway Safety and Motor
3334Vehicles shall study the feasibility of creating an electronic
3335verification system for use by the private sector to determine
3336if a driver's license or identification card is authentic. The
3337study must consider the use of symmetric key algorithms,
3338security tokens, mediametrics, biometrics, or any other
3339technology that is cost effective. The department shall report
3340the results of the study to the President of the Senate and the
3341Speaker of the House of Representatives by November 1, 2011.
3342     Section 126.  Except as otherwise expressly provided in
3343this act, this act shall take effect July 1, 2011.
3344
3345
3346
-----------------------------------------------------
3347
T I T L E  A M E N D M E N T
3348     Remove the entire title and insert:
3349
A bill to be entitled
3350An act relating to highway safety and motor vehicles; amending
3351s. 20.24, F.S.; specifying that the executive director of the
3352Department of Highway Safety and Motor Vehicles serves at the
3353pleasure of the Governor and Cabinet; creating a Division of
3354Motorist Services within the department; eliminating the
3355Division of Driver Licenses and the Division of Motor Vehicles;
3356amending ss. 261.03 and 288.816, F.S., relating to off-highway
3357vehicle safety and recreation and Consul Corps license plates,
3358respectively; conforming references; amending s. 311.121, F.S.,
3359relating to membership of the Seaport Security Officer
3360Qualification, Training, and Standards Coordinating Council;
3361conforming provisions to changes made by the act; amending s.
3362316.003, F.S.; revising definitions and defining the term "swamp
3363buggy" for purposes of the Florida Uniform Traffic Control Law;
3364reenacting s. 316.065(4), F.S., relating to crash reports, to
3365incorporate changes made to s. 316.066, F.S., by chapter 2010-
3366163, Laws of Florida; amending s. 316.1303, F.S.; authorizing a
3367person with impaired mobility using a motorized wheelchair or
3368scooter to temporarily leave the sidewalk and use the roadway
3369under certain circumstances; amending s. 316.1957, F.S.,
3370relating to parking violations; conforming a reference; amending
3371s. 316.2065, F.S.; revising safety standard requirements for
3372bicycle helmets that must be worn by certain riders and
3373passengers; revising requirements for a bicycle operator to ride
3374in a bicycle lane or along the curb or edge of the roadway;
3375providing for enforcement of requirements for bicycle lighting
3376equipment; providing penalties for violations; providing for
3377dismissal of the charge following a first offense under certain
3378circumstances; amending s. 316.2085, F.S.; requiring the license
3379tag of a motorcycle or moped to remain clearly visible from the
3380rear; prohibiting deliberate acts to conceal or obscure the tag;
3381providing for certain tags to be affixed perpendicularly;
3382amending ss. 316.2122, 316.2124, 316.21265, 316.3026, and
3383316.550, F.S., relating to low-speed vehicles, disability access
3384vehicles, all-terrain and utility vehicles, motor carriers, and
3385special permits, respectively; conforming cross-references;
3386amending s. 316.545, F.S.; providing for the regulation of
3387apportionable vehicles; amending s. 316.613, F.S.; providing an
3388exception for certain for-hire passenger vehicles from
3389provisions requiring the use of child restraint devices in motor
3390vehicles; providing child-restraint requirements for children
3391ages 4 through 7 years of age who are less than a specified
3392height; providing certain exceptions; redefining the term "motor
3393vehicle" to exclude certain vehicles from such requirements;
3394providing that parents and others are responsible for complying
3395with child-restraint requirements in certain chauffeur-driven
3396vehicles; providing a grace period; amending s. 317.0003, F.S.,
3397relating to off-highway vehicles; conforming a cross-reference;
3398amending s. 317.0016, F.S.; eliminating a requirement that the
3399department provide expedited service for certificates of
3400repossession; amending s. 318.14, F.S.; clarifying provisions
3401authorizing a person cited for a noncriminal traffic infraction
3402to elect to attend a driver improvement course or enter a plea
3403of nolo contendere; amending s. 318.1451, F.S.; requiring the
3404curricula of driver improvement schools to include instruction
3405on the dangers of driving while distracted; amending s. 318.15,
3406F.S., relating to the suspension of driving privileges;
3407conforming a reference; providing that a person charged with a
3408traffic infraction may request a hearing that the clerk must
3409set; providing criteria; amending s. 319.14, F.S.; prohibiting a
3410person from knowingly offering for sale, selling, or exchanging
3411certain vehicles unless the department has stamped in a
3412conspicuous place on the certificate of title words stating that
3413the vehicle is a custom vehicle or street rod vehicle; defining
3414the terms "custom vehicle" and "street rod"; providing
3415requirements for inspection and issuance of a rebuilt title;
3416amending s. 319.225, F.S.; revising provisions for vehicle
3417certificates of title; revising requirements for the transfer
3418and reassignment forms for vehicles; revising dealer submission
3419requirements; requiring a dealer selling a vehicle out of state
3420to mail a copy of the power of attorney form to the department;
3421providing for the electronic transfer of a vehicle title;
3422amending s. 319.23, F.S.; providing for the application for a
3423certificate of title, corrected certificate, or assignment or
3424reassignment to be filed from the consummation of the sale of a
3425mobile home; authorizing the department to accept a bond if the
3426applicant for a certificate of title is unable to provide a
3427title that assigns the prior owner's interest in the motor
3428vehicle; providing requirements for the bond and the affidavit;
3429providing for future expiration of the bond; amending s. 319.28,
3430F.S.; eliminating certain requirements that a lienholder obtain
3431a certificate of repossession following repossession of a
3432vehicle or mobile home; providing that a dealer of certain farm
3433or industrial equipment is not subject to licensure as a
3434recovery agent or agency under certain conditions; amending s.
3435319.323, F.S., relating to title offices for expedited service;
3436conforming provisions to changes made by the act; amending s.
3437319.40, F.S.; authorizing the department to issue electronic
3438certificates of title and use electronic mail addresses for
3439purposes of certain notifications; amending s. 320.01, F.S.;
3440revising definitions; excluding special mobile equipment and
3441swamp buggies from the meaning of the term "motor vehicle";
3442deleting an obsolete definition; revising the gross vehicle
3443weight for purposes of defining the terms "apportionable
3444vehicle" and "commercial motor vehicle"; defining the term
3445"swamp buggy"; amending s. 320.02, F.S.; providing that an
3446active-duty military member is exempt from the requirement to
3447provide an address on an application for vehicle registration;
3448requiring the application forms for motor vehicle registration
3449and renewal of registration to include language permitting the
3450applicant to make a voluntary contribution to End Hunger in
3451Florida, Take Stock In Children, Autism Services and Supports,
3452and Support Our Troops; requiring the department to retain
3453certain records for a specified period; amending s. 320.023,
3454F.S.; relating to voluntary contributions; authorizing the
3455department to retain certain proceeds derived from voluntary
3456contributions to cover certain specified costs to the
3457department; amending s. 320.03, F.S., relating to the
3458International Registration Plan; conforming provisions to
3459changes made by the act; amending s. 320.05, F.S.; deleting a
3460provision requiring that the department provide a procedures
3461manual for a fee; clarifying that the creation and maintenance
3462of records by the Division of Motorist Services is not a law
3463enforcement function of agency recordkeeping; amending s.
3464320.06, F.S.; authorizing the department to conduct a pilot
3465program to evaluate alternative license plate technologies for
3466use on government-owned motor vehicles; exempting plates in the
3467pilot program from specified license plate design and
3468construction requirements; amending s. 320.061, F.S.; providing
3469that it is a noncriminal traffic infraction to alter a temporary
3470license plate; amending s. 320.071, F.S.; providing for the
3471renewal of registration for an apportionable vehicle that is
3472registered under the International Registration Plan; amending
3473s. 320.0715, F.S.; clarifying provisions requiring the
3474registration of apportionable vehicles under the International
3475Registration Plan; amending s. 320.08, F.S., relating to license
3476taxes; conforming cross-references; amending s. 320.08056, F.S.,
3477relating to specialty license plates; providing a fee for Go
3478Green license plates; revising procedures to change the name of
3479a recipient of the fees collected; amending s. 320.08058, F.S.;
3480providing for a Go Green License plate; providing for
3481distribution of fees collected; changing the recipient of the
3482proceeds for the Live the Dream license plates to the Florida
3483Dream Foundation, Inc.; providing that proceeds from the sale of
3484Support Soccer license plates shall be distributed to the
3485Florida Soccer Foundation, Inc.; amending s. 320.08068, F.S.;
3486revising use of funds received from the sale of motorcycle
3487specialty license plates; amending s. 320.0847, F.S., relating
3488to license plates for mini trucks and low-speed vehicles;
3489conforming cross-references; amending s. 320.0848, F.S.;
3490revising the requirements for disabled parking permit renewals;
3491requiring a permitholder to personally appear to obtain a
3492renewal or replacement permit; revising the requirements for the
3493deposit of fee proceeds from temporary disabled parking permits;
3494amending s. 320.089, F.S.; providing for the issuance of a
3495Combat Infantry Badge license plate; providing qualifications
3496and requirements for the plate; providing for the use of
3497proceeds from the sale of the plate; amending s. 320.27, F.S.;
3498exempting salvage motor vehicle dealers from certain security
3499requirements; amending s. 320.275, F.S., relating to the
3500Automobile Dealers Industry Advisory Board; conforming
3501provisions to the elimination of the Division of Motor Vehicles
3502within the department; amending s. 320.771, F.S.; providing
3503criteria for a dealer to apply for a certificate of title to a
3504recreational vehicle under certain circumstances; amending s.
3505320.95, F.S.; authorizing the department to use electronic mail
3506addresses for the purpose of providing license renewal notices;
3507amending s. 321.02, F.S.; designating the director of the
3508Division of Highway Patrol of the department as the Colonel of
3509the Florida Highway Patrol; amending s. 322.02, F.S.; providing
3510for a director of the Division of Motorist Services; amending s.
3511322.04, F.S.; revising provisions exempting a nonresident from
3512the requirement to obtain a driver's license under certain
3513circumstances; amending s. 322.051, F.S.; revising requirements
3514by which an applicant for an identification card may prove
3515nonimmigrant classification; clarifying the validity of an
3516identification card based on specified documents; amending s.
3517322.058, F.S., relating to renewal of motor vehicle
3518registration; conforming a cross-reference; amending s. 322.065,
3519F.S.; revising the period of expiration that constitutes the
3520offense of driving with an expired driver's license; amending s.
3521322.07, F.S.; revising qualifications for obtaining a temporary
3522commercial instruction permit; amending s. 322.08, F.S.;
3523revising requirements by which an applicant for a driver's
3524license may prove nonimmigrant classification; clarifying the
3525validity of a license based on specified documents; providing
3526for driver's license application forms to allow the applicant to
3527make a voluntary contribution to Autism Services and Supports
3528and Support Our Troops, Inc.; authorizing the department to use
3529electronic mail addresses for the purposes of providing license
3530renewal notices; amending s. 322.081, F.S., relating to requests
3531to establish voluntary contributions; authorizing the department
3532to retain certain proceeds derived from the voluntary
3533contributions made on driver's license applications to cover
3534certain specified costs to the department; amending s. 322.095,
3535F.S.; requiring the curricula of traffic law and substance abuse
3536education courses to include instruction on the dangers of
3537driving while distracted; amending s. 322.12, F.S.; deleting
3538provisions requiring a separate examination for applicants for a
3539license to operate a motorcycle; requiring that the motorcycle
3540safety course for a first-time applicant include a final
3541examination; requiring that completion of the course be
3542indicated on the license; amending s. 322.121, F.S.; clarifying
3543provisions authorizing the automatic extension of a license for
3544members of the Armed Forces or their dependents while serving on
3545active duty outside the state; amending s. 322.14, F.S.;
3546deleting a requirement that applicants for specified licenses
3547appear in person for issuance of a color photographic or digital
3548imaged driver's license; creating s. 322.1415, F.S.; authorizing
3549the Department of Highway Safety and Motor Vehicles to issue a
3550specialty driver's license or identification card to qualified
3551applicants; specifying that, at a minimum, the specialty
3552driver's licenses and identification cards must be available for
3553certain state and independent universities and professional
3554sports teams and all of the branches of the United States
3555military; requiring that the design of each specialty driver's
3556license and identification card be approved by the department;
3557providing for future repeal; amending s. 322.19, F.S.; providing
3558that certain persons with a valid student identification card
3559are presumed not to have changed their legal residence or
3560mailing address; amending s. 322.20, F.S., relating to
3561department records; conforming provisions to changes made by the
3562act; amending s. 322.202, F.S.; clarifying that the Division of
3563Motorist Services is not a law enforcement agency; amending s.
3564322.21, F.S., relating to handling and collecting license fees;
3565providing for the distribution of funds collected from the
3566specialty driver's license and identification card fees;
3567conforming provisions to changes made by the act; authorizing a
3568driver to renew his or her driver's license during a specified
3569period before the license expiration date; amending s. 322.22,
3570F.S.; clarifying provisions authorizing the department to cancel
3571a driver's license; authorizing the department to cancel a
3572license upon determining that the licensee is not entitled to
3573the license; amending s. 322.2615, F.S., relating to a person's
3574right to review of a license suspension; revising provisions for
3575a formal review hearing and enforcement of a subpoena; amending
3576s. 322.34, F.S.; providing that a person who commits a certain
3577infraction shall not have a vehicle impounded or immobilized;
3578amending s. 322.53, F.S.; revising provisions exempting certain
3579farmers and drivers who operate straight trucks from the
3580requirement to obtain a commercial driver's license; amending s.
3581322.54, F.S.; requiring that the driver's license classification
3582be determined by the actual weight of the vehicle under certain
3583circumstances; repealing s. 322.58, F.S., relating to holders of
3584chauffeur's licenses; amending s. 322.59, F.S.; requiring that
3585the department disqualify a driver holding a commercial driver's
3586license who fails to comply with specified federal certification
3587requirements; amending s. 322.61, F.S.; providing that the
3588holder of a commercial driver's license is permanently
3589disqualified from operating a commercial motor vehicle following
3590two violations of specified offenses committed while operating
3591any vehicle; amending s. 322.64, F.S.; providing that a notice
3592of disqualification from operating a commercial motor vehicle
3593acts as a conviction for purposes of certain federal
3594restrictions imposed for the offense of operating a commercial
3595motor vehicle while under the influence of alcohol; deleting
3596provisions authorizing the department to impose certain
3597alternative restrictions for such offense; amending s. 328.30,
3598F.S.; authorizing the department to issue electronic
3599certificates of title for vessels and use electronic mail
3600addresses for purposes of providing renewal notices; amending s.
3601413.012, F.S., relating to a prohibition on disclosing
3602confidential records held by the department; conforming
3603provisions to changes made by the act; amending s. 713.78, F.S.,
3604relating to renewal of motor vehicle registration; conforming a
3605cross-reference; designating Edna S. Hargrett-Thrower Avenue in
3606Orange County; designating SP4 Thomas Berry Corbin Memorial
3607Highway and U.S. Navy BMC Samuel Calhoun Chavous, Jr. Memorial
3608Highway in Dixie County; designating Marine Lance Corporal Brian
3609R. Buesing Memorial Highway, United States Army Sergeant Karl A.
3610Campbell Memorial Highway, and U.S. Army SPC James A. Page
3611Memorial Highway in Levy County; designating Veterans Memorial
3612Highway in Putnam County; designating Ben G. Watts Highway in
3613Washington County; designating Mardi Gras Way, West Park
3614Boulevard, and Pembroke Park Boulevard in Broward County;
3615designating Stark Memorial Drive and Duval County Law
3616Enforcement Memorial Overpass in Duval County; designating Verna
3617Bell Way in Nassau County; designating Deputy Hal P. Croft and
3618Deputy Ronald Jackson Memorial Highway in Union County;
3619designating Dr. Oscar Elias Biscet Boulevard, Hugh Anderson
3620Boulevard, Palmetto General Hospital Way, Senator Javier D.
3621Souto Way, Reverend Max Salvadore Avenue, BRIGADA 2506 STREET,
3622Carlos Rodriguez Santana, Rev. Jorge Comesanas Way, Amadeo
3623Lopez-Castro, Jr. Road, Benjamin Leon, Jr. Way, and Miami
3624Medical Team Way in Miami-Dade County; designating Alma Lee Loy
3625Bridge in Indian River County; designating Samuel B. Love
3626Memorial Highway in Marion County; designating Elvin Martinez
3627Road in Hillsborough County; designating Whale Harbor Joe Roth,
3628Jr. Bridge in Monroe County; designating Florida Highway Patrol
3629Trooper Sgt. Nicholas G. Sottile Memorial in Highlands County;
3630designating Coach Jimmy Carnes Boulevard in Alachua County;
3631amending ss. 24 and 45, ch. 2010-230, Laws of Florida; revising
3632the designation for Miss Lillie Williams Boulevard and Father
3633Gerard Jean-Juste Street in Miami-Dade County; designating Tanya
3634Martin Oubre Pekel Street in Miami-Dade County; designating
3635Deputy Jack A. Romeis Road in Alachua County; designating Nona
3636and Papa Road in St. Johns County; designating Walter Francis
3637Spence Parkway in Okaloosa County; designating Florida's Beaches
3638and Rivers Parkway in Santa Rosa County; designating Corporal
3639Michael J. Roberts Parkway in Hillsborough County; designating
3640Harry T. and Harriette V. Moore Memorial Highway in Brevard
3641County; designating Elizabeth G. Means Memorial Boulevard,
3642Louise Steward Memorial Boulevard, and Isiah J. Williams, III,
3643Memorial Boulevard in Duval County; directing the Department of
3644Transportation to erect suitable markers; providing a short
3645title; providing for a voluntary emergency contact information
3646program established by the department; directing the department
3647to study the feasibility of creating an electronic verification
3648system and to make a report to the Legislature; providing
3649effective dates.


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