Amendment
Bill No. CS/CS/SB 1150
Amendment No. 752267
CHAMBER ACTION
Senate House
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1Representative Albritton offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5
6     Section 1.  Section 20.24, Florida Statutes, is amended to
7read:
8     20.24  Department of Highway Safety and Motor Vehicles.-
9There is created a Department of Highway Safety and Motor
10Vehicles.
11     (1)  The head of the Department of Highway Safety and Motor
12Vehicles is the Governor and Cabinet. An executive director
13shall serve at the pleasure of the Governor and Cabinet. The
14executive director may establish a command, operational, and
15administrative services structure to assist, manage, and support
16the department in operating programs and delivering services.
17     (2)  The following divisions, and bureaus within the
18divisions, of the Department of Highway Safety and Motor
19Vehicles are established:
20     (a)  Division of the Florida Highway Patrol.
21     (b)  Division of Motorist Services.
22     (b)  Division of Driver Licenses.
23     (c)  Division of Motor Vehicles.
24     Section 2.  Subsection (9) of section 261.03, Florida
25Statutes, is amended to read:
26     261.03  Definitions.-As used in this chapter, the term:
27     (9)  "ROV" means any motorized recreational off-highway
28vehicle 64 inches or less in width, having a dry weight of 2,000
29pounds or less, designed to travel on four or more nonhighway
30tires, having nonstraddle seating and a steering wheel, and
31manufactured for recreational use by one or more persons. The
32term "ROV" does not include a golf cart as defined in ss.
33320.01(22) and 316.003(68) or a low-speed vehicle as defined in
34s. 320.01(42).
35     Section 3.  Paragraph (e) of subsection (2) of section
36288.816, Florida Statutes, is amended to read:
37     288.816  Intergovernmental relations.-
38     (2)  The Office of Tourism, Trade, and Economic Development
39shall be responsible for all consular relations between the
40state and all foreign governments doing business in Florida. The
41office shall monitor United States laws and directives to ensure
42that all federal treaties regarding foreign privileges and
43immunities are properly observed. The office shall promulgate
44rules which shall:
45     (e)  Verify entitlement to issuance of special motor
46vehicle license plates by the Division of Motor Vehicles of the
47Department of Highway Safety and Motor Vehicles to honorary
48consuls or such other officials representing foreign governments
49who are not entitled to issuance of special Consul Corps license
50plates by the United States Government.
51     Section 4.  Paragraph (a) of subsection (3) of section
52311.121, Florida Statutes, is amended to read:
53     311.121  Qualifications, training, and certification of
54licensed security officers at Florida seaports.-
55     (3)  The Seaport Security Officer Qualification, Training,
56and Standards Coordinating Council is created under the
57Department of Law Enforcement.
58     (a)  The executive director of the Department of Law
59Enforcement shall appoint 11 members to the council, to include:
60     1.  The seaport administrator of the Department of Law
61Enforcement.
62     2.  The Commissioner of Education or his or her designee.
63     3.  The director of the Division of Licensing of the
64Department of Agriculture and Consumer Services.
65     4.  The administrator of the Florida Seaport Transportation
66and Economic Development Council.
67     5.  Two seaport security directors from seaports designated
68under s. 311.09.
69     6.  One director of a state law enforcement academy.
70     7.  One representative of a local law enforcement agency.
71     8.  Two representatives of contract security services.
72     9.  One representative of the Division of Driver Licenses
73of the Department of Highway Safety and Motor Vehicles.
74     Section 5.  Subsections (2) and (21) of section 316.003,
75Florida Statutes, are amended, and subsection (89) is added to
76that section, to read:
77     316.003  Definitions.-The following words and phrases, when
78used in this chapter, shall have the meanings respectively
79ascribed to them in this section, except where the context
80otherwise requires:
81     (2)  BICYCLE.-Every vehicle propelled solely by human
82power, and every motorized bicycle propelled by a combination of
83human power and a an electric helper motor capable of propelling
84the vehicle at a speed of not more than 20 miles per hour on
85level ground upon which any person may ride, having two tandem
86wheels, and including any device generally recognized as a
87bicycle though equipped with two front or two rear wheels. The
88term does not include such a vehicle with a seat height of no
89more than 25 inches from the ground when the seat is adjusted to
90its highest position or a scooter or similar device. No person
91under the age of 16 may operate or ride upon a motorized
92bicycle.
93     (21)  MOTOR VEHICLE.-Any self-propelled vehicle not
94operated upon rails or guideway, but not including any bicycle,
95motorized scooter, electric personal assistive mobility device,
96swamp buggy, or moped.
97     (89)  SWAMP BUGGY.-A motorized off-road vehicle designed to
98travel over swampy terrain, which may use large tires or tracks
99operated from an elevated platform, and may be used upon varied
100terrain. A swamp buggy does not include any vehicle defined in
101chapter 261 or otherwise defined or classified in this chapter.
102A swamp buggy may not be operated upon the public roads,
103streets, or highways of this state, except to the extent
104specifically authorized by a state or federal agency to be used
105exclusively upon lands, managed, owned, or leased by that
106agency.
107     Section 6.  For the purpose of incorporating the amendment
108made by chapter 2010-163, Laws of Florida, to section 316.066,
109Florida Statutes, in a reference thereto, subsection (4) of
110section 316.065, Florida Statutes, is reenacted retroactive to
111July 1, 2010, to read:
112     316.065  Crashes; reports; penalties.-
113     (4)  Any person who knowingly repairs a motor vehicle
114without having made a report as required by subsection (3) is
115guilty of a misdemeanor of the first degree, punishable as
116provided in s. 775.082 or s. 775.083. The owner and driver of a
117vehicle involved in a crash who makes a report thereof in
118accordance with subsection (1) or s. 316.066(1) is not liable
119under this section.
120     Section 7.  Section 316.1303, Florida Statutes, is amended
121to read:
122     316.1303  Traffic regulations to assist mobility-impaired
123persons.-
124     (1)  Whenever a pedestrian is in the process of crossing a
125public street or highway and the pedestrian is mobility impaired
126mobility-impaired (using a guide dog or service animal
127designated as such with a visible means of identification, a
128walker, a crutch, an orthopedic cane, or a wheelchair), the
129driver of every vehicle approaching the intersection, as defined
130in s. 316.003(17), shall bring his or her vehicle to a full stop
131before arriving at such intersection and, before proceeding,
132shall take such precautions as may be necessary to avoid
133injuring such pedestrian.
134     (2)  A person with impaired mobility who is using a
135motorized wheelchair or scooter on a sidewalk may temporarily
136leave the sidewalk and use the roadway to avoid a potential
137conflict, if no alternative route exists. A law enforcement
138officer may issue a warning to such person, but may not issue a
139citation for a violation of subsection (1) to a person described
140in this subsection.
141     (3)  A person who is convicted of a violation of subsection
142(1) this section shall be punished as provided in s. 318.18(3).
143     Section 8.  Section 316.1957, Florida Statutes, is amended
144to read:
145     316.1957  Parking violations; designated parking spaces for
146persons who have disabilities.-When evidence is presented in any
147court of the fact that any motor vehicle was parked in a
148properly designated parking space for persons who have
149disabilities in violation of s. 316.1955, it is prima facie
150evidence that the vehicle was parked and left in the space by
151the person, firm, or corporation in whose name the vehicle is
152registered and licensed according to the records of the
153department Division of Motor Vehicles.
154     Section 9.  Paragraph (d) of subsection (3) and subsections
155(5) and (8) of section 316.2065, Florida Statutes, are amended
156to read:
157     316.2065  Bicycle regulations.-
158     (3)
159     (d)  A bicycle rider or passenger who is under 16 years of
160age must wear a bicycle helmet that is properly fitted and is
161fastened securely upon the passenger's head by a strap, and that
162meets the federal safety standard for bicycle helmets, final
163rule, 16 C.F.R. part 1203. Helmets purchased before October 1,
1642011, and meeting standards of the American National Standards
165Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards
166of the Snell Memorial Foundation (1984 Standard for Protective
167Headgear for Use in Bicycling), or any other nationally
168recognized standards for bicycle helmets adopted by the
169department may continue to be worn by riders or passengers until
170January 1, 2015. As used in this subsection, the term
171"passenger" includes a child who is riding in a trailer or
172semitrailer attached to a bicycle.
173     (5)(a)  Any person operating a bicycle upon a roadway at
174less than the normal speed of traffic at the time and place and
175under the conditions then existing shall ride in the lane marked
176for bicycle use or, if no lane is marked for bicycle use, as
177close as practicable to the right-hand curb or edge of the
178roadway except under any of the following situations:
179     1.  When overtaking and passing another bicycle or vehicle
180proceeding in the same direction.
181     2.  When preparing for a left turn at an intersection or
182into a private road or driveway.
183     3.  When reasonably necessary to avoid any condition or
184potential conflict, including, but not limited to, a fixed or
185moving object, parked or moving vehicle, bicycle, pedestrian,
186animal, surface hazard, turn lane, or substandard-width lane,
187which that makes it unsafe to continue along the right-hand curb
188or edge or within a bicycle lane. For the purposes of this
189subsection, a "substandard-width lane" is a lane that is too
190narrow for a bicycle and another vehicle to travel safely side
191by side within the lane.
192     (b)  Any person operating a bicycle upon a one-way highway
193with two or more marked traffic lanes may ride as near the left-
194hand curb or edge of such roadway as practicable.
195     (8)  Every bicycle in use between sunset and sunrise shall
196be equipped with a lamp on the front exhibiting a white light
197visible from a distance of at least 500 feet to the front and a
198lamp and reflector on the rear each exhibiting a red light
199visible from a distance of 600 feet to the rear. A bicycle or
200its rider may be equipped with lights or reflectors in addition
201to those required by this section. A law enforcement officer may
202issue a bicycle safety brochure and a verbal warning to a
203bicycle rider who violates this subsection. A bicycle rider who
204violates this subsection may be issued a citation by a law
205enforcement officer and assessed a fine for a pedestrian
206violation, as provided in s. 318.18. The court shall dismiss the
207charge against a bicycle rider for a first violation of this
208subsection upon proof of purchase and installation of the proper
209lighting equipment.
210     Section 10.  Subsection (3) of section 316.2085, Florida
211Statutes, is amended to read:
212     316.2085  Riding on motorcycles or mopeds.-
213     (3)  The license tag of a motorcycle or moped must be
214permanently affixed to the vehicle and remain clearly visible
215from the rear at all times may not be adjusted or capable of
216being flipped up. Any deliberate act to conceal or obscure No
217device for or method of concealing or obscuring the legibility
218of the license tag of a motorcycle is prohibited shall be
219installed or used. The license tag of a motorcycle or moped may
220be affixed horizontally to the ground so that the numbers and
221letters read from left to right. Alternatively, a Florida
222license tag for a motorcycle or moped for which the numbers and
223letters read from top to bottom may be affixed perpendicularly
224to the ground, provided that the registered owner of the
225motorcycle or moped maintains a prepaid toll account in good
226standing and a transponder associated with the prepaid toll
227account is affixed to the motorcycle or moped. A license tag for
228a motorcycle or moped issued by another jurisdiction for which
229the numbers and letters read from top to bottom may be affixed
230perpendicularly to the ground.
231     Section 11.  Section 316.2122, Florida Statutes, is amended
232to read:
233     316.2122  Operation of a low-speed vehicle or mini truck on
234certain roadways.-The operation of a low-speed vehicle as
235defined in s. 320.01(42) or a mini truck as defined in s.
236320.01(45) on any road as defined in s. 334.03(15) or (33) is
237authorized with the following restrictions:
238     (1)  A low-speed vehicle or mini truck may be operated only
239on streets where the posted speed limit is 35 miles per hour or
240less. This does not prohibit a low-speed vehicle or mini truck
241from crossing a road or street at an intersection where the road
242or street has a posted speed limit of more than 35 miles per
243hour.
244     (2)  A low-speed vehicle must be equipped with headlamps,
245stop lamps, turn signal lamps, taillamps, reflex reflectors,
246parking brakes, rearview mirrors, windshields, seat belts, and
247vehicle identification numbers.
248     (3)  A low-speed vehicle or mini truck must be registered
249and insured in accordance with s. 320.02 and titled pursuant to
250chapter 319.
251     (4)  Any person operating a low-speed vehicle or mini truck
252must have in his or her possession a valid driver's license.
253     (5)  A county or municipality may prohibit the operation of
254low-speed vehicles or mini trucks on any road under its
255jurisdiction if the governing body of the county or municipality
256determines that such prohibition is necessary in the interest of
257safety.
258     (6)  The Department of Transportation may prohibit the
259operation of low-speed vehicles or mini trucks on any road under
260its jurisdiction if it determines that such prohibition is
261necessary in the interest of safety.
262     Section 12.  Section 316.2124, Florida Statutes, is amended
263to read:
264     316.2124  Motorized disability access vehicles.-The
265Department of Highway Safety and Motor Vehicles is directed to
266provide, by rule, for the regulation of motorized disability
267access vehicles as described in s. 320.01(34). The department
268shall provide that motorized disability access vehicles shall be
269registered in the same manner as motorcycles and shall pay the
270same registration fee as for a motorcycle. There shall also be
271assessed, in addition to the registration fee, a $2.50 surcharge
272for motorized disability access vehicles. This surcharge shall
273be paid into the Highway Safety Operating Trust Fund. Motorized
274disability access vehicles shall not be required to be titled by
275the department. The department shall require motorized
276disability access vehicles to be subject to the same safety
277requirements as set forth in this chapter for motorcycles.
278     Section 13.  Subsection (1) of section 316.21265, Florida
279Statutes, is amended to read:
280     316.21265  Use of all-terrain vehicles, golf carts, low-
281speed vehicles, or utility vehicles by law enforcement
282agencies.-
283     (1)  Notwithstanding any provision of law to the contrary,
284any law enforcement agency in this state may operate all-terrain
285vehicles as defined in s. 316.2074, golf carts as defined in s.
286320.01(22), low-speed vehicles as defined in s. 320.01(42), or
287utility vehicles as defined in s. 320.01(43) on any street,
288road, or highway in this state while carrying out its official
289duties.
290     Section 14.  Subsection (1) of section 316.3026, Florida
291Statutes, is amended to read:
292     316.3026  Unlawful operation of motor carriers.-
293     (1)  The Office of Motor Carrier Compliance of the
294Department of Transportation may issue out-of-service orders to
295motor carriers, as defined in s. 320.01(33), who have after
296proper notice failed to pay any penalty or fine assessed by the
297department, or its agent, against any owner or motor carrier for
298violations of state law, refused to submit to a compliance
299review and provide records pursuant to s. 316.302(5) or s.
300316.70, or violated safety regulations pursuant to s. 316.302 or
301insurance requirements found in s. 627.7415. Such out-of-service
302orders shall have the effect of prohibiting the operations of
303any motor vehicles owned, leased, or otherwise operated by the
304motor carrier upon the roadways of this state, until such time
305as the violations have been corrected or penalties have been
306paid. Out-of-service orders issued under this section must be
307approved by the Secretary of Transportation or his or her
308designee. An administrative hearing pursuant to s. 120.569 shall
309be afforded to motor carriers subject to such orders.
310     Section 15.  Subsection (3) of section 316.545, Florida
311Statutes, is amended to read:
312     316.545  Weight and load unlawful; special fuel and motor
313fuel tax enforcement; inspection; penalty; review.-
314     (3)  Any person who violates the overloading provisions of
315this chapter shall be conclusively presumed to have damaged the
316highways of this state by reason of such overloading, which
317damage is hereby fixed as follows:
318     (a)  When the excess weight is 200 pounds or less than the
319maximum herein provided, the penalty shall be $10;
320     (b)  Five cents per pound for each pound of weight in
321excess of the maximum herein provided when the excess weight
322exceeds 200 pounds. However, whenever the gross weight of the
323vehicle or combination of vehicles does not exceed the maximum
324allowable gross weight, the maximum fine for the first 600
325pounds of unlawful axle weight shall be $10;
326     (c)  For a vehicle equipped with fully functional idle-
327reduction technology, any penalty shall be calculated by
328reducing the actual gross vehicle weight or the internal bridge
329weight by the certified weight of the idle-reduction technology
330or by 400 pounds, whichever is less. The vehicle operator must
331present written certification of the weight of the idle-
332reduction technology and must demonstrate or certify that the
333idle-reduction technology is fully functional at all times. This
334calculation is not allowed for vehicles described in s.
335316.535(6);
336     (d)  An apportionable apportioned motor vehicle, as defined
337in s. 320.01, operating on the highways of this state without
338being properly licensed and registered shall be subject to the
339penalties as herein provided; and
340     (e)  Vehicles operating on the highways of this state from
341nonmember International Registration Plan jurisdictions which
342are not in compliance with the provisions of s. 316.605 shall be
343subject to the penalties as herein provided.
344     Section 16.  Paragraph (a) of subsection (5) and subsection
345(10) of section 316.550, Florida Statutes, are amended to read:
346     316.550  Operations not in conformity with law; special
347permits.-
348     (5)(a)  The Department of Transportation may issue a
349wrecker special blanket permit to authorize a wrecker as defined
350in s. 320.01(40) to tow a disabled vehicle as defined in s.
351320.01(38) where the combination of the wrecker and the disabled
352vehicle being towed exceeds the maximum weight limits as
353established by s. 316.535.
354     (10)  Whenever any motor vehicle, or the combination of a
355wrecker as defined in s. 320.01(40) and a towed motor vehicle,
356exceeds any weight or dimensional criteria or special
357operational or safety stipulation contained in a special permit
358issued under the provisions of this section, the penalty
359assessed to the owner or operator shall be as follows:
360     (a)  For violation of weight criteria contained in a
361special permit, the penalty per pound or portion thereof
362exceeding the permitted weight shall be as provided in s.
363316.545.
364     (b)  For each violation of dimensional criteria in a
365special permit, the penalty shall be as provided in s. 316.516
366and penalties for multiple violations of dimensional criteria
367shall be cumulative except that the total penalty for the
368vehicle shall not exceed $1,000.
369     (c)  For each violation of an operational or safety
370stipulation in a special permit, the penalty shall be an amount
371not to exceed $1,000 per violation and penalties for multiple
372violations of operational or safety stipulations shall be
373cumulative except that the total penalty for the vehicle shall
374not exceed $1,000.
375     (d)  For violation of any special condition that has been
376prescribed in the rules of the Department of Transportation and
377declared on the permit, the vehicle shall be determined to be
378out of conformance with the permit and the permit shall be
379declared null and void for the vehicle, and weight and
380dimensional limits for the vehicle shall be as established in s.
381316.515 or s. 316.535, whichever is applicable, and:
382     1.  For weight violations, a penalty as provided in s.
383316.545 shall be assessed for those weights which exceed the
384limits thus established for the vehicle; and
385     2.  For dimensional, operational, or safety violations, a
386penalty as established in paragraph (c) or s. 316.516, whichever
387is applicable, shall be assessed for each nonconforming
388dimensional, operational, or safety violation and the penalties
389for multiple violations shall be cumulative for the vehicle.
390     Section 17.  Subsection (5) of section 316.613, Florida
391Statutes, is renumbered as subsection (6), and a new subsection
392(5) is added to that section to read:
393     316.613  Child restraint requirements.-
394     (5)  The child restraint requirements imposed by this
395section do not apply to a chauffeur-driven taxi, limousine,
396sedan, van, bus, motor coach, or other passenger vehicle if the
397operator and the motor vehicle are hired and used for the
398transportation of persons for compensation. It is the obligation
399and responsibility of the parent, guardian, or other person
400responsible for a child's welfare, as defined in s. 39.01(47),
401to comply with the requirements of this section.
402     Section 18.  Subsection (9) of section 317.0003, Florida
403Statutes, is amended to read:
404     317.0003  Definitions.-As used in this chapter, the term:
405     (9)  "ROV" means any motorized recreational off-highway
406vehicle 64 inches or less in width, having a dry weight of 2,000
407pounds or less, designed to travel on four or more nonhighway
408tires, having nonstraddle seating and a steering wheel, and
409manufactured for recreational use by one or more persons. The
410term "ROV" does not include a golf cart as defined in ss.
411320.01(22) and 316.003(68) or a low-speed vehicle as defined in
412s. 320.01(42).
413     Section 19.  Section 317.0016, Florida Statutes, is amended
414to read:
415     317.0016  Expedited service; applications; fees.-The
416department shall provide, through its agents and for use by the
417public, expedited service on title transfers, title issuances,
418duplicate titles, and recordation of liens, and certificates of
419repossession. A fee of $7 shall be charged for this service,
420which is in addition to the fees imposed by ss. 317.0007 and
421317.0008, and $3.50 of this fee shall be retained by the
422processing agency. All remaining fees shall be deposited in the
423Incidental Trust Fund of the Division of Forestry of the
424Department of Agriculture and Consumer Services. Application for
425expedited service may be made by mail or in person. The
426department shall issue each title applied for pursuant to this
427section within 5 working days after receipt of the application
428except for an application for a duplicate title certificate
429covered by s. 317.0008(3), in which case the title must be
430issued within 5 working days after compliance with the
431department's verification requirements.
432     Section 20.  Subsection (9) and paragraph (a) of subsection
433(10) of section 318.14, Florida Statutes, are amended to read:
434     318.14  Noncriminal traffic infractions; exception;
435procedures.-
436     (9)  Any person who does not hold a commercial driver's
437license and who is cited while driving a noncommercial motor
438vehicle for an infraction under this section other than a
439violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
440driver exceeds the posted limit by 30 miles per hour or more, s.
441320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
442322.61, or s. 322.62 may, in lieu of a court appearance, elect
443to attend in the location of his or her choice within this state
444a basic driver improvement course approved by the Department of
445Highway Safety and Motor Vehicles. In such a case, adjudication
446must be withheld and points, as provided by s. 322.27, may not
447be assessed. However, a person may not make an election under
448this subsection if the person has made an election under this
449subsection in the preceding 12 months. A person may make no more
450than five elections within his or her lifetime under this
451subsection. The requirement for community service under s.
452318.18(8) is not waived by a plea of nolo contendere or by the
453withholding of adjudication of guilt by a court. If a person
454makes an election to attend a basic driver improvement course
455under this subsection, 18 percent of the civil penalty imposed
456under s. 318.18(3) shall be deposited in the State Courts
457Revenue Trust Fund; however, that portion is not revenue for
458purposes of s. 28.36 and may not be used in establishing the
459budget of the clerk of the court under that section or s. 28.35.
460     (10)(a)  Any person who does not hold a commercial driver's
461license and who is cited while driving a noncommercial motor
462vehicle for an offense listed under this subsection may, in lieu
463of payment of fine or court appearance, elect to enter a plea of
464nolo contendere and provide proof of compliance to the clerk of
465the court, designated official, or authorized operator of a
466traffic violations bureau. In such case, adjudication shall be
467withheld; however, no election shall be made under this
468subsection if such person has made an election under this
469subsection in the 12 months preceding election hereunder. No
470person may make more than three elections under this subsection.
471This subsection applies to the following offenses:
472     1.  Operating a motor vehicle without a valid driver's
473license in violation of the provisions of s. 322.03, s. 322.065,
474or s. 322.15(1), or operating a motor vehicle with a license
475that has been suspended for failure to appear, failure to pay
476civil penalty, or failure to attend a driver improvement course
477pursuant to s. 322.291.
478     2.  Operating a motor vehicle without a valid registration
479in violation of s. 320.0605, s. 320.07, or s. 320.131.
480     3.  Operating a motor vehicle in violation of s. 316.646.
481     4.  Operating a motor vehicle with a license that has been
482suspended under s. 61.13016 or s. 322.245 for failure to pay
483child support or for failure to pay any other financial
484obligation as provided in s. 322.245; however, this subparagraph
485does not apply if the license has been suspended pursuant to s.
486322.245(1).
487     5.  Operating a motor vehicle with a license that has been
488suspended under s. 322.091 for failure to meet school attendance
489requirements.
490     Section 21.  Paragraph (a) of subsection (2) of section
491318.1451, Florida Statutes, is amended to read:
492     318.1451  Driver improvement schools.-
493     (2)(a)  In determining whether to approve the courses
494referenced in this section, the department shall consider course
495content designed to promote safety, driver awareness, crash
496avoidance techniques, the dangers of driving while distracted,
497which must specifically include the use of technology while
498driving, and other factors or criteria to improve driver
499performance from a safety viewpoint.
500     Section 22.  Paragraph (a) of subsection (1) of section
501318.15, Florida Statutes, is amended, and paragraph (c) is added
502to that subsection, to read:
503     318.15  Failure to comply with civil penalty or to appear;
504penalty.-
505     (1)(a)  If a person fails to comply with the civil
506penalties provided in s. 318.18 within the time period specified
507in s. 318.14(4), fails to enter into or comply with the terms of
508a penalty payment plan with the clerk of the court in accordance
509with ss. 318.14 and 28.246, fails to attend driver improvement
510school, or fails to appear at a scheduled hearing, the clerk of
511the court shall notify the Division of Driver Licenses of the
512Department of Highway Safety and Motor Vehicles of such failure
513within 10 days after such failure. Upon receipt of such notice,
514the department shall immediately issue an order suspending the
515driver's license and privilege to drive of such person effective
51620 days after the date the order of suspension is mailed in
517accordance with s. 322.251(1), (2), and (6). Any such suspension
518of the driving privilege which has not been reinstated,
519including a similar suspension imposed outside Florida, shall
520remain on the records of the department for a period of 7 years
521from the date imposed and shall be removed from the records
522after the expiration of 7 years from the date it is imposed.
523     (c)  A person charged with a traffic infraction may request
524a hearing within 180 days after the date of the violation,
525regardless of any action taken by the court or the department to
526suspend the driving privilege of the person, and, upon request,
527the clerk must set the case for hearing. The person shall be
528given a form for requesting that the driving privilege be
529reinstated. If the 180th day after the date of the violation is
530a Saturday, Sunday, or a legal holiday, then the person charged
531must request the hearing within 177 days after the violation;
532however, the court may grant a request for a hearing made after
533180 days after the alleged offense. This paragraph does not
534affect the assessment of late fees as otherwise provided in this
535chapter.
536     Section 23.  Section 319.14, Florida Statutes, is amended
537to read:
538     319.14  Sale of motor vehicles registered or used as
539taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
540and nonconforming vehicles, custom vehicles, or street rod
541vehicles.-
542     (1)(a)  A No person may not shall knowingly offer for sale,
543sell, or exchange any vehicle that has been licensed,
544registered, or used as a taxicab, police vehicle, or short-term-
545lease vehicle, or a vehicle that has been repurchased by a
546manufacturer pursuant to a settlement, determination, or
547decision under chapter 681, until the department has stamped in
548a conspicuous place on the certificate of title of the vehicle,
549or its duplicate, words stating the nature of the previous use
550of the vehicle or the title has been stamped "Manufacturer's Buy
551Back" to reflect that the vehicle is a nonconforming vehicle. If
552the certificate of title or duplicate was not so stamped upon
553initial issuance thereof or if, subsequent to initial issuance
554of the title, the use of the vehicle is changed to a use
555requiring the notation provided for in this section, the owner
556or lienholder of the vehicle shall surrender the certificate of
557title or duplicate to the department before prior to offering
558the vehicle for sale, and the department shall stamp the
559certificate or duplicate as required herein. If When a vehicle
560has been repurchased by a manufacturer pursuant to a settlement,
561determination, or decision under chapter 681, the title shall be
562stamped "Manufacturer's Buy Back" to reflect that the vehicle is
563a nonconforming vehicle.
564     (b)  A No person may not shall knowingly offer for sale,
565sell, or exchange a rebuilt vehicle until the department has
566stamped in a conspicuous place on the certificate of title for
567the vehicle words stating that the vehicle has been rebuilt or
568assembled from parts, or is a kit car, glider kit, replica, or
569flood vehicle, custom vehicle, or street rod vehicle unless
570proper application for a certificate of title for a vehicle that
571is rebuilt or assembled from parts, or is a kit car, glider kit,
572replica, or flood vehicle, custom vehicle, or street rod vehicle
573has been made to the department in accordance with this chapter
574and the department has conducted the physical examination of the
575vehicle to assure the identity of the vehicle and all major
576component parts, as defined in s. 319.30(1), which have been
577repaired or replaced. Thereafter, the department shall affix a
578decal to the vehicle, in the manner prescribed by the
579department, showing the vehicle to be rebuilt. A vehicle may not
580be inspected or issued a rebuilt title until all major component
581parts, as defined in s. 319.30, which were damaged have been
582repaired or replaced.
583     (c)  As used in this section, the term:
584     1.  "Police vehicle" means a motor vehicle owned or leased
585by the state or a county or municipality and used in law
586enforcement.
587     2.a.  "Short-term-lease vehicle" means a motor vehicle
588leased without a driver and under a written agreement to one or
589more persons from time to time for a period of less than 12
590months.
591     b.  "Long-term-lease vehicle" means a motor vehicle leased
592without a driver and under a written agreement to one person for
593a period of 12 months or longer.
594     c.  "Lease vehicle" includes both short-term-lease vehicles
595and long-term-lease vehicles.
596     3.  "Rebuilt vehicle" means a motor vehicle or mobile home
597built from salvage or junk, as defined in s. 319.30(1).
598     4.  "Assembled from parts" means a motor vehicle or mobile
599home assembled from parts or combined from parts of motor
600vehicles or mobile homes, new or used. "Assembled from parts"
601does not mean a motor vehicle defined as a "rebuilt vehicle" in
602subparagraph 3., which has been declared a total loss pursuant
603to s. 319.30.
604     5.  "Kit car" means a motor vehicle assembled with a kit
605supplied by a manufacturer to rebuild a wrecked or outdated
606motor vehicle with a new body kit.
607     6.  "Glider kit" means a vehicle assembled with a kit
608supplied by a manufacturer to rebuild a wrecked or outdated
609truck or truck tractor.
610     7.  "Replica" means a complete new motor vehicle
611manufactured to look like an old vehicle.
612     8.  "Flood vehicle" means a motor vehicle or mobile home
613that has been declared to be a total loss pursuant to s.
614319.30(3)(a) resulting from damage caused by water.
615     9.  "Nonconforming vehicle" means a motor vehicle which has
616been purchased by a manufacturer pursuant to a settlement,
617determination, or decision under chapter 681.
618     10.  "Settlement" means an agreement entered into between a
619manufacturer and a consumer that occurs after a dispute is
620submitted to a program, or an informal dispute settlement
621procedure established by a manufacturer or is approved for
622arbitration before the New Motor Vehicle Arbitration Board as
623defined in s. 681.102.
624     11.  "Custom vehicle" means a motor vehicle that:
625     a.  Is 25 years of age or older and of a model year after
6261948, or was manufactured to resemble a vehicle that is 25 years
627of age or older and of a model year after 1948; and
628     b.  Has been altered from the manufacturer's original
629design or has a body constructed from nonoriginal materials.
630
631The model year and year of manufacture which the body of a
632custom vehicle resembles is the model year and year of
633manufacture listed on the certificate of title, regardless of
634when the vehicle was actually manufactured.
635     12.  "Street rod" means a motor vehicle that:
636     a.  Is a model year of 1948 or older or was manufactured
637after 1948 to resemble a vehicle of a model year of 1948 or
638older; and
639     b.  Has been altered from the manufacturer's original
640design or has a body constructed from nonoriginal materials.
641
642The model year and year of manufacture which the body of a
643street rod resembles is the model year and year of manufacture
644listed on the certificate of title, regardless of when the
645vehicle was actually manufactured.
646     (2)  A No person may not shall knowingly sell, exchange, or
647transfer a vehicle referred to in subsection (1) without, before
648prior to consummating the sale, exchange, or transfer,
649disclosing in writing to the purchaser, customer, or transferee
650the fact that the vehicle has previously been titled,
651registered, or used as a taxicab, police vehicle, or short-term-
652lease vehicle, or is a vehicle that is rebuilt or assembled from
653parts, or is a kit car, glider kit, replica, or flood vehicle,
654or is a nonconforming vehicle, custom vehicle, or street rod
655vehicle, as the case may be.
656     (3)  Any person who, with intent to offer for sale or
657exchange any vehicle referred to in subsection (1), knowingly or
658intentionally advertises, publishes, disseminates, circulates,
659or places before the public in any communications medium,
660whether directly or indirectly, any offer to sell or exchange
661the vehicle shall clearly and precisely state in each such offer
662that the vehicle has previously been titled, registered, or used
663as a taxicab, police vehicle, or short-term-lease vehicle or
664that the vehicle or mobile home is a vehicle that is rebuilt or
665assembled from parts, or is a kit car, glider kit, replica, or
666flood vehicle, or is a nonconforming vehicle, custom vehicle, or
667street rod vehicle, as the case may be. Any person who violates
668this subsection commits a misdemeanor of the second degree,
669punishable as provided in s. 775.082 or s. 775.083.
670     (4)  If When a certificate of title, including a foreign
671certificate, is branded to reflect a condition or prior use of
672the titled vehicle, the brand must be noted on the registration
673certificate of the vehicle and such brand shall be carried
674forward on all subsequent certificates of title and registration
675certificates issued for the life of the vehicle.
676     (5)  Any person who knowingly sells, exchanges, or offers
677to sell or exchange a motor vehicle or mobile home contrary to
678the provisions of this section or any officer, agent, or
679employee of a person who knowingly authorizes, directs, aids in,
680or consents to the sale, exchange, or offer to sell or exchange
681a motor vehicle or mobile home contrary to the provisions of
682this section commits a misdemeanor of the second degree,
683punishable as provided in s. 775.082 or s. 775.083.
684     (6)  Any person who removes a rebuilt decal from a rebuilt
685vehicle with the intent to conceal the rebuilt status of the
686vehicle commits a felony of the third degree, punishable as
687provided in s. 775.082, s. 775.083, or s. 775.084.
688     (7)  This section applies to a mobile home, travel trailer,
689camping trailer, truck camper, or fifth-wheel recreation trailer
690only when the such mobile home or vehicle is a rebuilt vehicle
691or is assembled from parts.
692     (8)  A No person is not shall be liable or accountable in
693any civil action arising out of a violation of this section if
694the designation of the previous use or condition of the motor
695vehicle is not noted on the certificate of title and
696registration certificate of the vehicle which was received by,
697or delivered to, such person, unless the such person has
698actively concealed the prior use or condition of the vehicle
699from the purchaser.
700     (9)  Subsections (1), (2), and (3) do not apply to the
701transfer of ownership of a motor vehicle after the motor vehicle
702has ceased to be used as a lease vehicle and the ownership has
703been transferred to an owner for private use or to the transfer
704of ownership of a nonconforming vehicle with 36,000 or more
705miles on its odometer, or 34 months whichever is later and the
706ownership has been transferred to an owner for private use. Such
707owner, as shown on the title certificate, may request the
708department to issue a corrected certificate of title that does
709not contain the statement of the previous use of the vehicle as
710a lease vehicle or condition as a nonconforming vehicle.
711     Section 24.  Section 319.225, Florida Statutes, is amended
712to read:
713     319.225  Transfer and reassignment forms; odometer
714disclosure statements.-
715     (1)  Every certificate of title issued by the department
716must contain the following statement on its reverse side:
717"Federal and state law require the completion of the odometer
718statement set out below. Failure to complete or providing false
719information may result in fines, imprisonment, or both."
720     (2)  Each certificate of title issued by the department
721must contain on its reverse side a form for transfer of title by
722the titleholder of record, which form must contain an odometer
723disclosure statement in the form required by 49 C.F.R. s. 580.5.
724     (3)  Each certificate of title issued by the department
725must contain on its reverse side as many forms as space allows
726for reassignment of title by a licensed dealer as permitted by
727s. 319.21(3), which form or forms shall contain an odometer
728disclosure statement in the form required by 49 C.F.R. s. 580.5.
729When all dealer reassignment forms provided on the back of the
730title certificate have been filled in, a dealer may reassign the
731title certificate by using a separate dealer reassignment form
732issued by the department in compliance with 49 C.F.R. ss. 580.4
733and 580.5, which form shall contain an original, two carbon
734copies one of which shall be submitted directly to the
735department by the dealer within 5 business days after the
736transfer and a copy, one of which shall be retained by the
737dealer in his or her records for 5 years. The provisions of this
738subsection shall also apply to vehicles not previously titled in
739this state and vehicles whose title certificates do not contain
740the forms required by this section.
741     (4)  Upon transfer or reassignment of a certificate of
742title to a used motor vehicle, the transferor shall complete the
743odometer disclosure statement provided for by this section and
744the transferee shall acknowledge the disclosure by signing and
745printing his or her name in the spaces provided. This subsection
746does not apply to a vehicle that has a gross vehicle rating of
747more than 16,000 pounds, a vehicle that is not self-propelled,
748or a vehicle that is 10 years old or older. A lessor who
749transfers title to his or her vehicle without obtaining
750possession of the vehicle shall make odometer disclosure as
751provided by 49 C.F.R. s. 580.7. Any person who fails to complete
752or acknowledge a disclosure statement as required by this
753subsection commits is guilty of a misdemeanor of the second
754degree, punishable as provided in s. 775.082 or s. 775.083. The
755department may not issue a certificate of title unless this
756subsection has been complied with.
757     (5)  The same person may not sign a disclosure statement as
758both the transferor and the transferee in the same transaction
759except as provided in subsection (6).
760     (6)(a)  If the certificate of title is physically held by a
761lienholder, the transferor may give a power of attorney to his
762or her transferee for the purpose of odometer disclosure. The
763power of attorney must be on a form issued or authorized by the
764department, which form must be in compliance with 49 C.F.R. ss.
765580.4 and 580.13. The department shall not require the signature
766of the transferor to be notarized on the form; however, in lieu
767of notarization, the form shall include an affidavit with the
768following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
769HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
770ARE TRUE. The transferee shall sign the power of attorney form,
771print his or her name, and return a copy of the power of
772attorney form to the transferor. Upon receipt of a title
773certificate, the transferee shall complete the space for mileage
774disclosure on the title certificate exactly as the mileage was
775disclosed by the transferor on the power of attorney form. If
776the transferee is a licensed motor vehicle dealer who is
777transferring the vehicle to a retail purchaser, the dealer shall
778make application on behalf of the retail purchaser as provided
779in s. 319.23(6) and shall submit the original power of attorney
780form to the department with the application for title and the
781transferor's title certificate; otherwise, a dealer may reassign
782the title certificate by using the dealer reassignment form in
783the manner prescribed in subsection (3), and, at the time of
784physical transfer of the vehicle, the original power of attorney
785shall be delivered to the person designated as the transferee of
786the dealer on the dealer reassignment form. A copy of the
787executed power of attorney shall be submitted to the department
788with a copy of the executed dealer reassignment form within 5
789business days after the certificate of title and dealer
790reassignment form are delivered by the dealer to its transferee.
791     (b)  If the certificate of title is lost or otherwise
792unavailable, the transferor may give a power of attorney to his
793or her transferee for the purpose of odometer disclosure. The
794power of attorney must be on a form issued or authorized by the
795department, which form must be in compliance with 49 C.F.R. ss.
796580.4 and 580.13. The department shall not require the signature
797of the transferor to be notarized on the form; however, in lieu
798of notarization, the form shall include an affidavit with the
799following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
800HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
801ARE TRUE. The transferee shall sign the power of attorney form,
802print his or her name, and return a copy of the power of
803attorney form to the transferor. Upon receipt of the title
804certificate or a duplicate title certificate, the transferee
805shall complete the space for mileage disclosure on the title
806certificate exactly as the mileage was disclosed by the
807transferor on the power of attorney form. If the transferee is a
808licensed motor vehicle dealer who is transferring the vehicle to
809a retail purchaser, the dealer shall make application on behalf
810of the retail purchaser as provided in s. 319.23(6) and shall
811submit the original power of attorney form to the department
812with the application for title and the transferor's title
813certificate or duplicate title certificate; otherwise, a dealer
814may reassign the title certificate by using the dealer
815reassignment form in the manner prescribed in subsection (3),
816and, at the time of physical transfer of the vehicle, the
817original power of attorney shall be delivered to the person
818designated as the transferee of the dealer on the dealer
819reassignment form. If the dealer sells the vehicle to an out-of-
820state resident or an out-of-state dealer and the power of
821attorney form is applicable to the transaction, the dealer must
822photocopy the completed original of the form and mail it
823directly to the department within 5 business days after the
824certificate of title and dealer reassignment form are delivered
825by the dealer to the purchaser. A copy of the executed power of
826attorney shall be submitted to the department with a copy of the
827executed dealer reassignment form within 5 business days after
828the duplicate certificate of title and dealer reassignment form
829are delivered by the dealer to its transferee.
830     (c)  If the mechanics of the transfer of title to a motor
831vehicle in accordance with the provisions of paragraph (a) or
832paragraph (b) are determined to be incompatible with and
833unlawful under the provisions of 49 C.F.R. part 580, the
834transfer of title to a motor vehicle by operation of this
835subsection can be effected in any manner not inconsistent with
83649 C.F.R. part 580 and Florida law; provided, any power of
837attorney form issued or authorized by the department under this
838subsection shall contain an original, two carbon copies, one of
839which shall be submitted directly to the department by the
840dealer within 5 business days of use by the dealer to effect
841transfer of a title certificate as provided in paragraphs (a)
842and (b) and a copy, one of which shall be retained by the dealer
843in its records for 5 years.
844     (d)  Any person who fails to complete the information
845required by this subsection or to file with the department the
846forms required by this subsection commits is guilty of a
847misdemeanor of the second degree, punishable as provided in s.
848775.082 or s. 775.083. The department shall not issue a
849certificate of title unless this subsection has been complied
850with.
851     (7)  Subject to approval by the National Highway Traffic
852Safety Administration or any other applicable authority, if a
853title is held electronically and the transferee agrees to
854maintain the title electronically, the transferor and transferee
855shall complete a secure reassignment document that discloses the
856odometer reading and is signed by both the transferor and
857transferee at the tax collector's office or license plate
858agency. A dealer acquiring a motor vehicle that has an
859electronic title shall use a secure reassignment document signed
860by the person from whom the dealer acquired the motor vehicle.
861Upon transferring the motor vehicle to a purchaser, a separate
862reassignment document shall be executed.
863     (8)(7)  Each certificate of title issued by the department
864must contain on its reverse side a minimum of three four spaces
865for notation of the name and license number of any auction
866through which the vehicle is sold and the date the vehicle was
867auctioned. Each separate dealer reassignment form issued by the
868department must also have the space referred to in this section.
869When a transfer of title is made at a motor vehicle auction, the
870reassignment must note the name and address of the auction, but
871the auction shall not thereby be deemed to be the owner, seller,
872transferor, or assignor of title. A motor vehicle auction is
873required to execute a dealer reassignment only when it is the
874owner of a vehicle being sold.
875     (9)(8)  Upon transfer or reassignment of a used motor
876vehicle through the services of an auction, the auction shall
877complete the information in the space provided for by subsection
878(8) (7). Any person who fails to complete the information as
879required by this subsection commits is guilty of a misdemeanor
880of the second degree, punishable as provided in s. 775.082 or s.
881775.083. The department shall not issue a certificate of title
882unless this subsection has been complied with.
883     (10)(9)  This section shall be construed to conform to 49
884C.F.R. part 580.
885     Section 25.  Subsection (6) of section 319.23, Florida
886Statutes, is amended, present subsections (7) through (11) of
887that section are renumbered as subsections (8) through (12),
888respectively, and  a new subsection (7) is added to that
889section, to read:
890     319.23  Application for, and issuance of, certificate of
891title.-
892     (6)(a)  In the case of the sale of a motor vehicle or
893mobile home by a licensed dealer to a general purchaser, the
894certificate of title must be obtained in the name of the
895purchaser by the dealer upon application signed by the
896purchaser, and in each other case such certificate must be
897obtained by the purchaser. In each case of transfer of a motor
898vehicle or mobile home, the application for a certificate of
899title, a corrected certificate, or an assignment or reassignment
900must be filed within 30 days after the delivery of the motor
901vehicle or from consummation of the sale of a mobile home to the
902purchaser. An applicant must pay a fee of $20, in addition to
903all other fees and penalties required by law, for failing to
904file such application within the specified time. In the case of
905the sale of a motor vehicle by a licensed motor vehicle dealer
906to a general purchaser who resides in another state or country,
907the dealer is not required to apply for a certificate of title
908for the motor vehicle; however, the dealer must transfer
909ownership and reassign the certificate of title or
910manufacturer's certificate of origin to the purchaser, and the
911purchaser must sign an affidavit, as approved by the department,
912that the purchaser will title and register the motor vehicle in
913another state or country.
914     (b)  If a licensed dealer acquires a motor vehicle or
915mobile home as a trade-in, the dealer must file with the
916department, within 30 days, a notice of sale signed by the
917seller. The department shall update its database for that title
918record to indicate "sold." A licensed dealer need not apply for
919a certificate of title for any motor vehicle or mobile home in
920stock acquired for stock purposes except as provided in s.
921319.225.
922     (7)  If an applicant for a certificate of title is unable
923to provide the department with a certificate of title that
924assigns the prior owner's interest in the motor vehicle, the
925department may accept a bond in the form prescribed by the
926department, along with an affidavit in a form prescribed by the
927department, which includes verification of the vehicle
928identification number and an application for title.
929     (a)  The bond must be:
930     1.  In a form prescribed by the department;
931     2.  Executed by the applicant;
932     3.  Issued by a person authorized to conduct a surety
933business in this state;
934     4.  In an amount equal to two times the value of the
935vehicle as determined by the department; and
936     5.  Conditioned to indemnify all prior owners and
937lienholders and all subsequent purchasers of the vehicle or
938persons who acquire a security interest in the vehicle, and
939their successors in interest, against any expense, loss, or
940damage, including reasonable attorney's fees, occurring because
941of the issuance of the certificate of title for the vehicle or
942for a defect in or undisclosed security interest on the right,
943title, or interest of the applicant to the vehicle.
944     (b)  An interested person has a right to recover on the
945bond for a breach of the bond's condition. The aggregate
946liability of the surety to all persons may not exceed the amount
947of the bond.
948     (c)  A bond under this subsection expires on the third
949anniversary of the date the bond became effective.
950     (d)  The affidavit must:
951     1.  Be in a form prescribed by the department;
952     2.  Include the facts and circumstances through which the
953applicant acquired ownership and possession of the motor
954vehicle;
955     3.  Disclose that no security interests, liens, or
956encumbrances against the motor vehicle are known to the
957applicant against the motor vehicle; and
958     4.  State that the applicant has the right to have a
959certificate of title issued.
960     Section 26.  Paragraph (b) of subsection (2) of section
961319.28, Florida Statutes, is amended, and subsection (3) is
962added to that section, to read:
963     319.28  Transfer of ownership by operation of law.-
964     (2)
965     (b)  In case of repossession of a motor vehicle or mobile
966home pursuant to the terms of a security agreement or similar
967instrument, an affidavit by the party to whom possession has
968passed stating that the vehicle or mobile home was repossessed
969upon default in the terms of the security agreement or other
970instrument shall be considered satisfactory proof of ownership
971and right of possession. At least 5 days before prior to selling
972the repossessed vehicle, any subsequent lienholder named in the
973last issued certificate of title shall be sent notice of the
974repossession by certified mail, on a form prescribed by the
975department. If such notice is given and no written protest to
976the department is presented by a subsequent lienholder within 15
977days after from the date on which the notice was mailed, the
978certificate of title or the certificate of repossession shall be
979issued showing no liens. If the former owner or any subsequent
980lienholder files a written protest under oath within such 15-day
981period, the department shall not issue the certificate of title
982or certificate of repossession for 10 days thereafter. If within
983the 10-day period no injunction or other order of a court of
984competent jurisdiction has been served on the department
985commanding it not to deliver the certificate of title or
986certificate of repossession, the department shall deliver the
987certificate of title or repossession to the applicant or as may
988otherwise be directed in the application showing no other liens
989than those shown in the application. Any lienholder who has
990repossessed a vehicle in this state in compliance with the
991provisions of this section must apply to a tax collector's
992office in this state or to the department for a certificate of
993repossession or to the department for a certificate of title
994pursuant to s. 319.323. Proof of the required notice to
995subsequent lienholders shall be submitted together with regular
996title fees. A lienholder to whom a certificate of repossession
997has been issued may assign the certificate of title to the
998subsequent owner. Any person who violates found guilty of
999violating any requirements of this paragraph commits shall be
1000guilty of a felony of the third degree, punishable as provided
1001in s. 775.082, s. 775.083, or s. 775.084.
1002     (3)  A dealer of farm or industrial equipment, as those
1003terms are used in s. 493.6101(22), conducting a repossession of
1004such equipment is not subject to licensure as a recovery agent
1005or recovery agency if such dealer is regularly engaged in the
1006sale of such equipment for a particular manufacturer and the
1007lender is affiliated with that manufacturer.
1008     Section 27.  Section 319.323, Florida Statutes, is amended
1009to read:
1010     319.323  Expedited service; applications; fees.-The
1011department shall establish a separate title office which may be
1012used by private citizens and licensed motor vehicle dealers to
1013receive expedited service on title transfers, title issuances,
1014duplicate titles, and recordation of liens, and certificates of
1015repossession. A fee of $10 shall be charged for this service,
1016which fee is in addition to the fees imposed by s. 319.32. The
1017fee, after deducting the amount referenced by s. 319.324 and
1018$3.50 to be retained by the processing agency, shall be
1019deposited into the General Revenue Fund. Application for
1020expedited service may be made by mail or in person. The
1021department shall issue each title applied for under this section
1022within 5 working days after receipt of the application except
1023for an application for a duplicate title certificate covered by
1024s. 319.23(4), in which case the title must be issued within 5
1025working days after compliance with the department's verification
1026requirements.
1027     Section 28.  Section 319.40, Florida Statutes, is amended
1028to read:
1029     319.40  Transactions by electronic or telephonic means.-
1030     (1)  The department may is authorized to accept any
1031application provided for under this chapter by electronic or
1032telephonic means.
1033     (2)  The department may issue an electronic certificate of
1034title in lieu of printing a paper title.
1035     (3)  The department may collect and use electronic mail
1036addresses as a notification method in lieu of the United States
1037Postal Service, except for any notice regarding the potential
1038forfeiture or foreclosure of an interest in property.
1039     Section 29.  Paragraph (a) of subsection (1) of section
1040320.01, Florida Statutes, is amended, present subsections (24)
1041through (45) are renumbered as subsections (23) through (44),
1042respectively, present subsections (23), (25), and (26) are
1043amended, and a new subsection (45) is added to that section, to
1044read:
1045     320.01  Definitions, general.-As used in the Florida
1046Statutes, except as otherwise provided, the term:
1047     (1)  "Motor vehicle" means:
1048     (a)  An automobile, motorcycle, truck, trailer,
1049semitrailer, truck tractor and semitrailer combination, or any
1050other vehicle operated on the roads of this state, used to
1051transport persons or property, and propelled by power other than
1052muscular power, but the term does not include traction engines,
1053road rollers, special mobile equipment as defined in chapter
1054316, such vehicles as run only upon a track, bicycles, swamp
1055buggies, or mopeds.
1056     (23)  "Apportioned motor vehicle" means any motor vehicle
1057which is required to be registered, or with respect to which an
1058election has been made to register it, under the International
1059Registration Plan.
1060     (24)(25)  "Apportionable vehicle" means any vehicle, except
1061recreational vehicles, vehicles displaying restricted plates,
1062city pickup and delivery vehicles, buses used in transportation
1063of chartered parties, and government-owned vehicles, which is
1064used or intended for use in two or more member jurisdictions
1065that allocate or proportionally register vehicles and which is
1066used for the transportation of persons for hire or is designed,
1067used, or maintained primarily for the transportation of property
1068and:
1069     (a)  Is a power unit having a gross vehicle weight in
1070excess of 26,000 26,001 pounds;
1071     (b)  Is a power unit having three or more axles, regardless
1072of weight; or
1073     (c)  Is used in combination, when the weight of such
1074combination exceeds 26,000 26,001 pounds gross vehicle weight.
1075
1076Vehicles, or combinations thereof, having a gross vehicle weight
1077of 26,000 26,001 pounds or less and two-axle vehicles may be
1078proportionally registered.
1079     (25)(26)  "Commercial motor vehicle" means any vehicle that
1080which is not owned or operated by a governmental entity, that
1081which uses special fuel or motor fuel on the public highways,
1082and that which has a gross vehicle weight of 26,001 pounds or
1083more, or has three or more axles regardless of weight, or is
1084used in combination when the weight of such combination exceeds
108526,000 26,001 pounds gross vehicle weight. A vehicle that
1086occasionally transports personal property to and from a closed-
1087course motorsport facility, as defined in s. 549.09(1)(a), is
1088not a commercial motor vehicle if the use is not for profit and
1089corporate sponsorship is not involved. As used in this
1090subsection, the term "corporate sponsorship" means a payment,
1091donation, gratuity, in-kind service, or other benefit provided
1092to or derived by a person in relation to the underlying
1093activity, other than the display of product or corporate names,
1094logos, or other graphic information on the property being
1095transported.
1096     (45)  SWAMP BUGGY.-A motorized off-road vehicle designed to
1097travel over swampy terrain, which may utilize large tires or
1098tracks operated from an elevated platform, and may be used upon
1099varied terrain. A swamp buggy does not include any vehicle
1100defined in chapter 261 or otherwise defined or classified in
1101this chapter. A swamp buggy may not be operated upon the public
1102roads, streets, or highways of this state, except to the extent
1103specifically authorized by a state or federal agency to be used
1104exclusively upon lands, managed, owned, or leased by that
1105agency.
1106     Section 30.  Subsection (2) of section 320.02, Florida
1107Statutes, is amended, paragraphs (o), (p), (q), and (r) are
1108added to subsection (15), and subsection (18) is added to that
1109section, to read:
1110     320.02  Registration required; application for
1111registration; forms.-
1112     (2)(a)  The application for registration shall include the
1113street address of the owner's permanent residence or the address
1114of his or her permanent place of business and shall be
1115accompanied by personal or business identification information
1116which may include, but need not be limited to, a driver's
1117license number, Florida identification card number, or federal
1118employer identification number. If the owner does not have a
1119permanent residence or permanent place of business or if the
1120owner's permanent residence or permanent place of business
1121cannot be identified by a street address, the application shall
1122include:
1123     1.  If the vehicle is registered to a business, the name
1124and street address of the permanent residence of an owner of the
1125business, an officer of the corporation, or an employee who is
1126in a supervisory position.
1127     2.  If the vehicle is registered to an individual, the name
1128and street address of the permanent residence of a close
1129relative or friend who is a resident of this state.
1130
1131If the vehicle is registered to an active-duty military member
1132who is a Florida resident, the member is exempt from the
1133requirement to provide a Florida residential address.
1134     (b)  The department shall prescribe a form upon which motor
1135vehicle owners may record odometer readings when registering
1136their motor vehicles.
1137     (15)
1138     (o)  The application form for motor vehicle registration
1139and renewal registration must include language permitting the
1140voluntary contribution of $1 to End Hunger in Florida. The
1141proceeds shall be distributed monthly by the department to the
1142Florida Association of Food Banks, Inc., a corporation not for
1143profit under s. 501(c)(3) of the Internal Revenue Code. The
1144funds shall be used by the organization for the purpose of
1145ending hunger in Florida.
1146     (p)  The application form for motor vehicle registration
1147and renewal of registration must include language permitting a
1148voluntary contribution of $1 to Take Stock In Children. Such
1149contributions shall be transferred by the department each month
1150to Take Stock In Children, Inc.
1151     (q)  The application form for motor vehicle registration
1152and renewal of registration must include language permitting a
1153voluntary contribution of $1 per applicant for Autism Services
1154and Supports. Such contributions must be transferred by the
1155department each month to the Achievement and Rehabilitation
1156Centers, Inc., Autism Services Fund.
1157     (r)  The application form for motor vehicle registration
1158and renewal of registration must include language permitting a
1159voluntary contribution of $1 to Support Our Troops, which shall
1160be distributed monthly to Support Our Troops, Inc., a Florida
1161not-for-profit organization.
1162
1163For the purpose of applying the service charge provided in s.
1164215.20, contributions received under this subsection are not
1165income of a revenue nature.
1166     (18)  All electronic registration records shall be retained
1167by the department for not less than 10 years.
1168     Section 31.  Subsection (9) is added to section 320.023,
1169Florida Statutes, to read:
1170     320.023  Requests to establish voluntary checkoff on motor
1171vehicle registration application.-
1172     (9)  The department may annually retain from the first
1173proceeds derived from the voluntary contributions collected an
1174amount sufficient to defray for each voluntary contribution the
1175pro rata share of the department's costs directly related to the
1176voluntary contributions program. Such costs include renewal
1177notices, postage, distribution costs, direct costs to the
1178department, and costs associated with reviewing each
1179organization's compliance with the audit and attestation
1180requirements of this section. The revenues retained by the
1181department may not be less than 0.5 percent and may not exceed
11821.5 percent. The balance of the proceeds from the voluntary
1183contributions collected shall be distributed as provided by law.
1184     Section 32.  Subsections (7) and (8) of section 320.03,
1185Florida Statutes, are amended to read:
1186     320.03  Registration; duties of tax collectors;
1187International Registration Plan.-
1188     (7)  The Department of Highway Safety and Motor Vehicles
1189shall register apportionable apportioned motor vehicles under
1190the provisions of the International Registration Plan. The
1191department may adopt rules to implement and enforce the
1192provisions of the plan.
1193     (8)  If the applicant's name appears on the list referred
1194to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1195license plate or revalidation sticker may not be issued until
1196that person's name no longer appears on the list or until the
1197person presents a receipt from the governmental entity or the
1198clerk of court that provided the data showing that the fines
1199outstanding have been paid. This subsection does not apply to
1200the owner of a leased vehicle if the vehicle is registered in
1201the name of the lessee of the vehicle. The tax collector and the
1202clerk of the court are each entitled to receive monthly, as
1203costs for implementing and administering this subsection, 10
1204percent of the civil penalties and fines recovered from such
1205persons. As used in this subsection, the term "civil penalties
1206and fines" does not include a wrecker operator's lien as
1207described in s. 713.78(13). If the tax collector has private tag
1208agents, such tag agents are entitled to receive a pro rata share
1209of the amount paid to the tax collector, based upon the
1210percentage of license plates and revalidation stickers issued by
1211the tag agent compared to the total issued within the county.
1212The authority of any private agent to issue license plates shall
1213be revoked, after notice and a hearing as provided in chapter
1214120, if he or she issues any license plate or revalidation
1215sticker contrary to the provisions of this subsection. This
1216section applies only to the annual renewal in the owner's birth
1217month of a motor vehicle registration and does not apply to the
1218transfer of a registration of a motor vehicle sold by a motor
1219vehicle dealer licensed under this chapter, except for the
1220transfer of registrations which is inclusive of the annual
1221renewals. This section does not affect the issuance of the title
1222to a motor vehicle, notwithstanding s. 319.23(8)(7)(b).
1223     Section 33.  Paragraph (b) of subsection (3) and subsection
1224(5) of section 320.05, Florida Statutes, are amended to read:
1225     320.05  Records of the department; inspection procedure;
1226lists and searches; fees.-
1227     (3)
1228     (b)  Fees therefor shall be charged and collected as
1229follows:
1230     1.  For providing lists of motor vehicle or vessel records
1231for the entire state, or any part or parts thereof, divided
1232according to counties, a sum computed at a rate of not less than
12331 cent nor more than 5 cents per item.
1234     2.  For providing noncertified photographic copies of motor
1235vehicle or vessel documents, $1 per page.
1236     3.  For providing noncertified photographic copies of
1237micrographic records, $1 per page.
1238     4.  For providing certified copies of motor vehicle or
1239vessel records, $3 per record.
1240     5.  For providing noncertified computer-generated printouts
1241of motor vehicle or vessel records, 50 cents per record.
1242     6.  For providing certified computer-generated printouts of
1243motor vehicle or vessel records, $3 per record.
1244     7.  For providing electronic access to motor vehicle,
1245vessel, and mobile home registration data requested by tag,
1246vehicle identification number, title number, or decal number, 50
1247cents per item.
1248     8.  For providing electronic access to driver's license
1249status report by name, sex, and date of birth or by driver
1250license number, 50 cents per item.
1251     9.  For providing lists of licensed mobile home dealers and
1252manufacturers and recreational vehicle dealers and
1253manufacturers, $15 per list.
1254     10.  For providing lists of licensed motor vehicle dealers,
1255$25 per list.
1256     11.  For each copy of a videotape record, $15 per tape.
1257     12.  For each copy of the Division of Motor Vehicles
1258Procedures Manual, $25.
1259     (5)  The creation and maintenance of records by the
1260Division of Motorist Services within the department and the
1261Division of Motor Vehicles pursuant to this chapter shall not be
1262regarded as law enforcement functions of agency recordkeeping.
1263     Section 34.  Paragraph (d) is added to subsection (1) of
1264section 320.06, Florida Statutes, to read:
1265     320.06  Registration certificates, license plates, and
1266validation stickers generally.-
1267     (1)
1268     (d)  The department may conduct a pilot program to evaluate
1269designs, concepts, and technologies for alternative license
1270plate technologies. The pilot program shall investigate the
1271feasibility and use of alternative license plate technologies
1272and shall be limited to license plates that are used on
1273government-owned motor vehicles, as defined in s. 320.0655.
1274Government license plates in the pilot program are exempt from
1275current license plate requirements in paragraph (3)(a).
1276     Section 35.  Section 320.061, Florida Statutes, is amended
1277to read:
1278     320.061  Unlawful to alter motor vehicle registration
1279certificates, temporary license plates, license plates, mobile
1280home stickers, or validation stickers or to obscure license
1281plates; penalty.-No person shall alter the original appearance
1282of any registration license plate, temporary license plate,
1283mobile home sticker, validation sticker, or vehicle registration
1284certificate issued for and assigned to any motor vehicle or
1285mobile home, whether by mutilation, alteration, defacement, or
1286change of color or in any other manner. No person shall apply or
1287attach any substance, reflective matter, illuminated device,
1288spray, coating, covering, or other material onto or around any
1289license plate that interferes with the legibility, angular
1290visibility, or detectability of any feature or detail on the
1291license plate or interferes with the ability to record any
1292feature or detail on the license plate. Any person who violates
1293this section commits a noncriminal traffic infraction,
1294punishable as a moving violation as provided in chapter 318.
1295     Section 36.  Subsection (1) of section 320.071, Florida
1296Statutes, is amended to read:
1297     320.071  Advance registration renewal; procedures.-
1298     (1)(a)  The owner of any motor vehicle or mobile home
1299currently registered in this state may file an application for
1300renewal of registration with the department, or its authorized
1301agent in the county wherein the owner resides, any time during
1302the 3 months preceding the date of expiration of the
1303registration period. The registration period may not exceed 27
1304months.
1305     (b)  The owner of any apportionable apportioned motor
1306vehicle currently registered in this state under the provisions
1307of the International Registration Plan may file an application
1308for renewal of registration with the department any time during
1309the 3 months preceding the date of expiration of the
1310registration period.
1311     Section 37.  Subsections (1) and (3) of section 320.0715,
1312Florida Statutes, are amended to read:
1313     320.0715  International Registration Plan; motor carrier
1314services; permits; retention of records.-
1315     (1)  All apportionable commercial motor vehicles domiciled
1316in this state and engaged in interstate commerce shall be
1317registered in accordance with the provisions of the
1318International Registration Plan and shall display apportioned
1319license plates.
1320     (3)(a)  If the department is unable to immediately issue
1321the apportioned license plate to an applicant currently
1322registered in this state under the International Registration
1323Plan or to a vehicle currently titled in this state, the
1324department or its designated agent is authorized to issue a 60-
1325day temporary operational permit. The department or agent of the
1326department shall charge a $3 fee and the service charge
1327authorized by s. 320.04 for each temporary operational permit it
1328issues.
1329     (b)  The department shall in no event issue a temporary
1330operational permit for any apportionable commercial motor
1331vehicle to any applicant until the applicant has shown that:
1332     1.  All sales or use taxes due on the registration of the
1333vehicle are paid; and
1334     2.  Insurance requirements have been met in accordance with
1335ss. 320.02(5) and 627.7415.
1336     (c)  Issuance of a temporary operational permit provides
1337commercial motor vehicle registration privileges in each
1338International Registration Plan member jurisdiction designated
1339on said permit and therefore requires payment of all applicable
1340registration fees and taxes due for that period of registration.
1341     (d)  Application for permanent registration must be made to
1342the department within 10 days following from issuance of a
1343temporary operational permit. Failure to file an application
1344within this 10-day period may result in cancellation of the
1345temporary operational permit.
1346     Section 38.  Paragraph (d) of subsection (5) of section
1347320.08, Florida Statutes, is amended to read:
1348     320.08  License taxes.-Except as otherwise provided herein,
1349there are hereby levied and imposed annual license taxes for the
1350operation of motor vehicles, mopeds, motorized bicycles as
1351defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
1352and mobile homes, as defined in s. 320.01, which shall be paid
1353to and collected by the department or its agent upon the
1354registration or renewal of registration of the following:
1355     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1356SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1357     (d)  A wrecker, as defined in s. 320.01(40), which is used
1358to tow a vessel as defined in s. 327.02(39), a disabled,
1359abandoned, stolen-recovered, or impounded motor vehicle as
1360defined in s. 320.01(38), or a replacement motor vehicle as
1361defined in s. 320.01(39): $41 flat, of which $11 shall be
1362deposited into the General Revenue Fund.
1363     Section 39.  Subsection (9) of section 320.08056, Florida
1364Statutes, is amended, and paragraph (aaaa) is added to
1365subsection (4) of that section, to read:
1366     320.08056  Specialty license plates.-
1367     (4)  The following license plate annual use fees shall be
1368collected for the appropriate specialty license plates:
1369     (aaaa)  Go Green license plate, $25.
1370     (9)(a)  The organization that requested the specialty
1371license plate may not redesign the specialty license plate
1372unless the inventory of those plates has been depleted. However,
1373the organization may purchase the remaining inventory of the
1374specialty license plates from the department at cost.
1375     (b)  An organization with a specialty license plate must
1376submit a written request to the department 90 days before the
1377convening of the next regular session of the Legislature in
1378order to change the name of the recipient organization listed in
1379this section or s. 320.08058.
1380     Section 40.  Paragraph (b) of subsection (48) and
1381subsection (53) of section 320.08058, Florida Statutes, are
1382amended, and subsection (79) is added to that section, to read:
1383     320.08058  Specialty license plates.-
1384     (48)  LIVE THE DREAM LICENSE PLATES.-
1385     (b)  The proceeds of the annual use fee shall be
1386distributed to the Florida Dream Foundation, Inc. The Florida
1387Dream Foundation, Inc., shall retain the first $60,000 in
1388proceeds from the annual use fees as reimbursement for
1389administrative costs, startup costs, and costs incurred in the
1390approval process. Thereafter, up to 25 percent shall be used for
1391continuing promotion and marketing of the license plate and
1392concept. The remaining funds shall be used in the following
1393manner:
1394     1.  Twenty-five percent shall be distributed equally among
1395the sickle cell organizations that are Florida members of the
1396Sickle Cell Disease Association of America, Inc., for programs
1397that provide research, care, and treatment for sickle cell
1398disease.
1399     2.  Twenty-five percent shall be distributed to the Florida
1400chapter of the March of Dimes for programs and services that
1401improve the health of babies through the prevention of birth
1402defects and infant mortality.
1403     3.  Ten percent shall be distributed to the Florida
1404Association of Healthy Start Coalitions to decrease racial
1405disparity in infant mortality and to increase healthy birth
1406outcomes. Funding will be used by local Healthy Start Coalitions
1407to provide services and increase screening rates for high-risk
1408pregnant women, children under 4 years of age, and women of
1409childbearing age.
1410     4.  Ten percent shall be distributed to the Community
1411Partnership for Homeless, Inc., for programs that provide relief
1412from poverty, hunger, and homelessness.
1413     5.  Five percent of the proceeds shall be used by the
1414foundation for administrative costs directly associated with
1415operations as they relate to the management and distribution of
1416the proceeds.
1417     (53)  SUPPORT SOCCER LICENSE PLATES.-
1418     (a)  The department shall develop a Support Soccer license
1419plate as provided in this section. Support Soccer license plates
1420must bear the colors and design approved by the department. The
1421word "Florida" must appear at the top of the plate, and the
1422words "Support Soccer" must appear at the bottom of the plate.
1423     (b)  The annual use fees shall be distributed to the
1424Florida Lighthouse Soccer Foundation, Inc., which shall retain
1425the initial revenues from the sale of such plates until all
1426startup costs for developing and establishing the plate have
1427been recovered, not to exceed $85,000. Thereafter, the proceeds
1428of the annual use fee shall be used in the following manner:
1429     1.  Up to 25 percent of the proceeds may be used by the
1430Florida Lighthouse Soccer Foundation, Inc., for continuing
1431promotion and marketing of the license plate and concept.
1432     2.  Twenty percent shall be distributed to the Florida
1433Youth Soccer Association for programs and services that foster
1434the physical, mental, and emotional growth and development of
1435Florida's youth through the sport of soccer at all levels of age
1436and competition, including a portion to be determined by the
1437Florida Youth Soccer Association for the TOPSoccer program to
1438promote participation by the physically and mentally
1439disadvantaged.
1440     3.  Twenty percent shall be distributed as grants for
1441programs that promote participation by the economically
1442disadvantaged and to support soccer programs where none
1443previously existed.
1444     4.  Ten percent shall be distributed to the Florida State
1445Soccer Association to promote the sport of soccer and the long-
1446term development of the sport.
1447     5.  Ten percent shall be distributed as grants for programs
1448that promote and support the construction of fields and soccer-
1449specific infrastructure.
1450     6.  Ten percent shall be distributed as grants for programs
1451that foster and promote health, physical fitness, and
1452educational opportunities through soccer.
1453     7.  Five percent shall be expended by the Florida
1454Lighthouse Soccer Foundation, Inc., for administrative costs
1455directly associated with the foundation's operations as they
1456relate to the management and distribution of the proceeds.
1457     (79)  GO GREEN LICENSE PLATE.-
1458     (a)  Notwithstanding the provisions of s. 45 of chapter
14592008-176, Laws of Florida, as amended by s. 21 of chapter 2010-
1460223, Laws of Florida, and upon receipt of $60,000 and submission
1461of the proposed art design for the specialty license plate to
1462the department in a medium prescribed by the department, as soon
1463as practicable, but no later than 60 days after the effective
1464date of this act, the department shall develop a Go Green
1465license plate as provided in this section. The plate must bear
1466the colors and design approved by the department. The word
1467"Florida" must appear at the top of the plate, and the words "Go
1468Green" must appear at the bottom of the plate.
1469     (b)  The annual use fees shall be distributed to the
1470Coalition for Renewable Energy Solutions, Inc., which shall
1471retain the initial revenues from the sales of such plates until
1472all startup costs incurred in the development and approval of
1473the plates have been reimbursed. Thereafter, the proceeds shall
1474be used by the coalition as follows:
1475     1.  A maximum of 10 percent of the proceeds may be used to
1476fund the administrative and marketing costs of the license plate
1477program.
1478     2.  The remaining fees shall be used to fund programs and
1479projects that educate the public and implement or publicize
1480renewable energy solutions.
1481     Section 41.  Paragraph (e) of subsection (4) of section
1482320.08068, Florida Statutes, is amended to read:
1483     320.08068  Motorcycle specialty license plates.-
1484     (4)  A license plate annual use fee of $20 shall be
1485collected for each motorcycle specialty license plate. Annual
1486use fees shall be distributed to The Able Trust as custodial
1487agent. The Able Trust may retain a maximum of 10 percent of the
1488proceeds from the sale of the license plate for administrative
1489costs. The Able Trust shall distribute the remaining funds as
1490follows:
1491     (e)  Twenty percent to the Florida Association of Centers
1492for Independent Living to be used to leverage additional funding
1493and new sources of revenue for the centers for independent
1494living in this state.
1495     Section 42.  Subsection (1) of section 320.0847, Florida
1496Statutes, is amended to read:
1497     320.0847  Mini truck and low-speed vehicle license plates.-
1498     (1)  The department shall issue a license plate to the
1499owner or lessee of any vehicle registered as a low-speed vehicle
1500as defined in s. 320.01(42) or a mini truck as defined in s.
1501320.01(45) upon payment of the appropriate license taxes and
1502fees prescribed in s. 320.08.
1503     Section 43.  Subsections (1), (2), and (4) of section
1504320.0848, Florida Statutes, are amended to read:
1505     320.0848  Persons who have disabilities; issuance of
1506disabled parking permits; temporary permits; permits for certain
1507providers of transportation services to persons who have
1508disabilities.-
1509     (1)(a)  The Department of Highway Safety and Motor Vehicles
1510or its authorized agents shall, upon application and receipt of
1511the fee, issue a disabled parking permit for a period of up to 4
1512years, which period ends on the applicant's birthday, to any
1513person who has long-term mobility impairment, or a temporary
1514disabled parking permit not to exceed 6 months to any person who
1515has a temporary mobility impairment. No person will be required
1516to pay a fee for a parking permit for disabled persons more than
1517once in a 12-month period from the date of the prior fee
1518payment.
1519     (b)1.  The person must be currently certified as being
1520legally blind or as having any of the following disabilities
1521that render him or her unable to walk 200 feet without stopping
1522to rest:
1523     a.  Inability to walk without the use of or assistance from
1524a brace, cane, crutch, prosthetic device, or other assistive
1525device, or without the assistance of another person. If the
1526assistive device significantly restores the person's ability to
1527walk to the extent that the person can walk without severe
1528limitation, the person is not eligible for the exemption parking
1529permit.
1530     b.  The need to permanently use a wheelchair.
1531     c.  Restriction by lung disease to the extent that the
1532person's forced (respiratory) expiratory volume for 1 second,
1533when measured by spirometry, is less than 1 liter, or the
1534person's arterial oxygen is less than 60 mm/hg on room air at
1535rest.
1536     d.  Use of portable oxygen.
1537     e.  Restriction by cardiac condition to the extent that the
1538person's functional limitations are classified in severity as
1539Class III or Class IV according to standards set by the American
1540Heart Association.
1541     f.  Severe limitation in the person's ability to walk due
1542to an arthritic, neurological, or orthopedic condition.
1543     2.  The certification of disability which is required under
1544subparagraph 1. must be provided by a physician licensed under
1545chapter 458, chapter 459, or chapter 460, by a podiatric
1546physician licensed under chapter 461, by an optometrist licensed
1547under chapter 463, by an advanced registered nurse practitioner
1548licensed under chapter 464 under the protocol of a licensed
1549physician as stated in this subparagraph, by a physician
1550assistant licensed under chapter 458 or chapter 459, or by a
1551similarly licensed physician from another state if the
1552application is accompanied by documentation of the physician's
1553licensure in the other state and a form signed by the out-of-
1554state physician verifying his or her knowledge of this state's
1555eligibility guidelines.
1556     (c)  The certificate of disability must include, but need
1557not be limited to:
1558     1.  The disability of the applicant; the certifying
1559practitioner's name and address; the practitioner's
1560certification number; the eligibility criteria for the permit;
1561the penalty for falsification by either the certifying
1562practitioner or the applicant; the duration of the condition
1563that entitles the person to the permit; and justification for
1564the additional placard pursuant to subsection (2).
1565     2.  The statement, in bold letters: "A disabled parking
1566permit may be issued only for a medical necessity that severely
1567affects mobility."
1568     3.  The signatures of:
1569     a.  The applicant's physician or other certifying
1570practitioner.
1571     b.  The applicant or the applicant's parent or guardian.
1572     c.  The employee of the department's authorized agent which
1573employee is processing the application.
1574     (d)  Beginning October 1, 2011 April 1, 1999, the
1575Department of Highway Safety and Motor Vehicles shall renew the
1576disabled parking permit of any person certified as permanently
1577disabled on the application if the person applies for renewal in
1578person and provides a current certificate of disability pursuant
1579to this subsection. The requirement to apply for renewal in
1580person does not apply if the severity of the disability prevents
1581a disabled person from physically visiting or being transported
1582to a driver license or tax collector office and the certifying
1583physician has signed an additional section of the department's
1584parking permit application to exempt the disabled person from
1585the appearance requirement.
1586     (e)  The Department of Highway Safety and Motor Vehicles
1587shall, in consultation with the Commission for the
1588Transportation Disadvantaged, adopt rules, in accordance with
1589chapter 120, for the issuance of a disabled parking permit to
1590any organization that can adequately demonstrate a bona fide
1591need for such a permit because the organization provides regular
1592transportation services to persons who have disabilities and are
1593certified as provided in this subsection.
1594     (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
1595MOBILITY PROBLEMS.-
1596     (a)  The disabled parking permit is a placard that can be
1597placed in a motor vehicle so as to be visible from the front and
1598rear of the vehicle. Each side of the placard must have the
1599international symbol of accessibility in a contrasting color in
1600the center so as to be visible. One side of the placard must
1601display the applicant's driver's license number or state
1602identification card number along with a warning that the
1603applicant must have such identification at all times while using
1604the parking permit. In those cases where the severity of the
1605disability prevents a disabled person from physically visiting
1606or being transported to a driver license or tax collector office
1607to obtain a driver's license or identification card, a
1608certifying physician may sign the exemption section of the
1609department's parking permit application to exempt the disabled
1610person from being issued a driver's license or identification
1611card for the number to be displayed on the parking permit. A
1612validation sticker must also be issued with each disabled
1613parking permit, showing the month and year of expiration on each
1614side of the placard. Validation stickers must be of the size
1615specified by the Department of Highway Safety and Motor Vehicles
1616and must be affixed to the disabled parking permits. The
1617disabled parking permits must use the same colors as license
1618plate validations.
1619     (b)  License plates issued under ss. 320.084, 320.0842,
1620320.0843, and 320.0845 are valid for the same parking privileges
1621and other privileges provided under ss. 316.1955, 316.1964, and
1622526.141(5)(a).
1623     (c)  The department shall not issue an additional disabled
1624parking permit unless the applicant states that he or she is a
1625frequent traveler or a quadriplegic. The department may not
1626issue to any one eligible applicant more than two disabled
1627parking permits except to an organization in accordance with
1628paragraph (1)(e). Subsections (1), (5), (6), and (7) apply to
1629this subsection.
1630     (d)  If an applicant who is a disabled veteran, is a
1631resident of this state, has been honorably discharged, and
1632either has been determined by the Department of Defense or the
1633United States Department of Veterans Affairs or its predecessor
1634to have a service-connected disability rating for compensation
1635of 50 percent or greater or has been determined to have a
1636service-connected disability rating of 50 percent or greater and
1637is in receipt of both disability retirement pay from the United
1638States Department of Veterans Affairs, he or she must still
1639provide a signed physician's statement of qualification for the
1640disabled parking permits.
1641     (e)  To obtain a replacement for a disabled parking permit
1642that has been lost or stolen, a person must appear in person,
1643submit an application on a form prescribed by the department,
1644and must pay a replacement fee in the amount of $1.00, to be
1645retained by the issuing agency. If the person submits with the
1646application a police report documenting that the permit was
1647stolen, there is no replacement fee. The requirement to apply
1648for replacement in person does not apply if the severity of the
1649disability prevents a disabled person from physically visiting
1650or being transported to a driver license or tax collector
1651office, and the certifying physician has signed an additional
1652section of the department's parking permit application to exempt
1653the disabled person from the appearance requirement.
1654     (f)  A person who qualifies for a disabled parking permit
1655under this section may be issued an international wheelchair
1656user symbol license plate under s. 320.0843 in lieu of the
1657disabled parking permit; or, if the person qualifies for a "DV"
1658license plate under s. 320.084, such a license plate may be
1659issued to him or her in lieu of a disabled parking permit.
1660     (4)  From the proceeds of the temporary disabled parking
1661permit fees:
1662     (a)  The Department of Highway Safety and Motor Vehicles
1663must receive $3.50 for each temporary permit, to be deposited
1664into the Highway Safety Operating Trust Fund and used for
1665implementing the real-time disabled parking permit database and
1666for administering the disabled parking permit program.
1667     (b)  The tax collector, for processing, must receive $2.50
1668for each temporary permit.
1669     (c)  The remainder must be distributed monthly as follows:
1670     1.  To the Florida Endowment Foundation for Vocational
1671Rehabilitation, known as "The Able Trust," Florida Governor's
1672Alliance for the Employment of Disabled Citizens for the purpose
1673of improving employment and training opportunities for persons
1674who have disabilities, with special emphasis on removing
1675transportation barriers, $4. These fees must be directly
1676deposited into the Florida Endowment Foundation for Vocational
1677Rehabilitation as established in s. 413.615 Transportation
1678Disadvantaged Trust Fund for transfer to the Florida Governor's
1679Alliance for Employment of Disabled Citizens.
1680     2.  To the Transportation Disadvantaged Trust Fund to be
1681used for funding matching grants to counties for the purpose of
1682improving transportation of persons who have disabilities, $5.
1683     Section 44.  Effective October 1, 2011, subsection (1) of
1684section 320.089, Florida Statutes, is amended to read:
1685     320.089  Members of National Guard and active United States
1686Armed Forces reservists; former prisoners of war; survivors of
1687Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1688Freedom and Operation Enduring Freedom Veterans; Combat Infantry
1689Badge recipients; special license plates; fee.-
1690     (1)(a)  Each owner or lessee of an automobile or truck for
1691private use or recreational vehicle as specified in s.
1692320.08(9)(c) or (d), which is not used for hire or commercial
1693use, who is a resident of the state and an active or retired
1694member of the Florida National Guard, a survivor of the attack
1695on Pearl Harbor, a recipient of the Purple Heart medal, or an
1696active or retired member of any branch of the United States
1697Armed Forces Reserve, or a recipient of the Combat Infantry
1698Badge shall, upon application to the department, accompanied by
1699proof of active membership or retired status in the Florida
1700National Guard, proof of membership in the Pearl Harbor
1701Survivors Association or proof of active military duty in Pearl
1702Harbor on December 7, 1941, proof of being a Purple Heart medal
1703recipient, or proof of active or retired membership in any
1704branch of the Armed Forces Reserve, or proof of membership in
1705the Combat Infantrymen's Association, Inc., or other proof of
1706being a recipient of the Combat Infantry Badge, and upon payment
1707of the license tax for the vehicle as provided in s. 320.08, be
1708issued a license plate as provided by s. 320.06, upon which, in
1709lieu of the serial numbers prescribed by s. 320.06, shall be
1710stamped the words "National Guard," "Pearl Harbor Survivor,"
1711"Combat-wounded veteran," or "U.S. Reserve," or "Combat Infantry
1712Badge," as appropriate, followed by the serial number of the
1713license plate. Additionally, the Purple Heart plate may have the
1714words "Purple Heart" stamped on the plate and the likeness of
1715the Purple Heart medal appearing on the plate.
1716     (b)  Notwithstanding any other provision of law to the
1717contrary, beginning with fiscal year 2002-2003 and annually
1718thereafter, the first $100,000 in general revenue generated from
1719the sale of license plates issued under this section shall be
1720deposited into the Grants and Donations Trust Fund, as described
1721in s. 296.38(2), to be used for the purposes established by law
1722for that trust fund. Any additional general revenue generated
1723from the sale of such plates shall be deposited into the State
1724Homes for Veterans Trust Fund and used solely to construct,
1725operate, and maintain domiciliary and nursing homes for
1726veterans, subject to the requirements of chapter 216.
1727     (c)  Notwithstanding any provisions of law to the contrary,
1728an applicant for a Pearl Harbor Survivor license plate or a
1729Purple Heart license plate who also qualifies for a disabled
1730veteran's license plate under s. 320.084 shall be issued the
1731appropriate special license plate without payment of the license
1732tax imposed by s. 320.08.
1733     Section 45.  Subsection (3) of section 320.27, Florida
1734Statutes, is amended to read:
1735     320.27  Motor vehicle dealers.-
1736     (3)  APPLICATION AND FEE.-The application for the license
1737shall be in such form as may be prescribed by the department and
1738shall be subject to such rules with respect thereto as may be so
1739prescribed by it. Such application shall be verified by oath or
1740affirmation and shall contain a full statement of the name and
1741birth date of the person or persons applying therefor; the name
1742of the firm or copartnership, with the names and places of
1743residence of all members thereof, if such applicant is a firm or
1744copartnership; the names and places of residence of the
1745principal officers, if the applicant is a body corporate or
1746other artificial body; the name of the state under whose laws
1747the corporation is organized; the present and former place or
1748places of residence of the applicant; and prior business in
1749which the applicant has been engaged and the location thereof.
1750Such application shall describe the exact location of the place
1751of business and shall state whether the place of business is
1752owned by the applicant and when acquired, or, if leased, a true
1753copy of the lease shall be attached to the application. The
1754applicant shall certify that the location provides an adequately
1755equipped office and is not a residence; that the location
1756affords sufficient unoccupied space upon and within which
1757adequately to store all motor vehicles offered and displayed for
1758sale; and that the location is a suitable place where the
1759applicant can in good faith carry on such business and keep and
1760maintain books, records, and files necessary to conduct such
1761business, which will be available at all reasonable hours to
1762inspection by the department or any of its inspectors or other
1763employees. The applicant shall certify that the business of a
1764motor vehicle dealer is the principal business which shall be
1765conducted at that location. Such application shall contain a
1766statement that the applicant is either franchised by a
1767manufacturer of motor vehicles, in which case the name of each
1768motor vehicle that the applicant is franchised to sell shall be
1769included, or an independent (nonfranchised) motor vehicle
1770dealer. Such application shall contain such other relevant
1771information as may be required by the department, including
1772evidence that the applicant is insured under a garage liability
1773insurance policy or a general liability insurance policy coupled
1774with a business automobile policy, which shall include, at a
1775minimum, $25,000 combined single-limit liability coverage
1776including bodily injury and property damage protection and
1777$10,000 personal injury protection. A salvage motor vehicle
1778dealer as defined in subparagraph (1)(c)5. is exempt from the
1779requirements for garage liability insurance and personal injury
1780protection insurance on those vehicles that have been issued a
1781certificate of destruction and if the vehicle cannot be legally
1782operated on Florida roads, highways, or streets. Franchise
1783dealers must submit a garage liability insurance policy, and all
1784other dealers must submit a garage liability insurance policy or
1785a general liability insurance policy coupled with a business
1786automobile policy. Such policy shall be for the license period,
1787and evidence of a new or continued policy shall be delivered to
1788the department at the beginning of each license period. Upon
1789making initial application, the applicant shall pay to the
1790department a fee of $300 in addition to any other fees now
1791required by law; upon making a subsequent renewal application,
1792the applicant shall pay to the department a fee of $75 in
1793addition to any other fees now required by law. Upon making an
1794application for a change of location, the person shall pay a fee
1795of $50 in addition to any other fees now required by law. The
1796department shall, in the case of every application for initial
1797licensure, verify whether certain facts set forth in the
1798application are true. Each applicant, general partner in the
1799case of a partnership, or corporate officer and director in the
1800case of a corporate applicant, must file a set of fingerprints
1801with the department for the purpose of determining any prior
1802criminal record or any outstanding warrants. The department
1803shall submit the fingerprints to the Department of Law
1804Enforcement for state processing and forwarding to the Federal
1805Bureau of Investigation for federal processing. The actual cost
1806of state and federal processing shall be borne by the applicant
1807and is in addition to the fee for licensure. The department may
1808issue a license to an applicant pending the results of the
1809fingerprint investigation, which license is fully revocable if
1810the department subsequently determines that any facts set forth
1811in the application are not true or correctly represented.
1812     Section 46.  Paragraphs (a) and (b) of subsection (2) of
1813section 320.275, Florida Statutes, are amended to read:
1814     320.275  Automobile Dealers Industry Advisory Board.-
1815     (2)  MEMBERSHIP, TERMS, MEETINGS.-
1816     (a)  The board shall be composed of 12 members. The
1817executive director of the Department of Highway Safety and Motor
1818Vehicles shall appoint the members from names submitted by the
1819entities for the designated categories the member will
1820represent. The executive director shall appoint one
1821representative of the Department of Highway Safety and Motor
1822Vehicles, who must represent the Division of Motor Vehicles; two
1823representatives of the independent motor vehicle industry as
1824recommended by the Florida Independent Automobile Dealers
1825Association; two representatives of the franchise motor vehicle
1826industry as recommended by the Florida Automobile Dealers
1827Association; one representative of the auction motor vehicle
1828industry who is from an auction chain and is recommended by a
1829group affiliated with the National Auto Auction Association; one
1830representative of the auction motor vehicle industry who is from
1831an independent auction and is recommended by a group affiliated
1832with the National Auto Auction Association; one representative
1833from the Department of Revenue; a Florida tax collector
1834representative recommended by the Florida Tax Collectors
1835Association; one representative from the Better Business Bureau;
1836one representative from the Department of Agriculture and
1837Consumer Services, who must represent the Division of Consumer
1838Services; and one representative of the insurance industry who
1839writes motor vehicle dealer surety bonds.
1840     (b)1.  The executive director shall appoint the following
1841initial members to 1-year terms: one representative from the
1842motor vehicle auction industry who represents an auction chain,
1843one representative from the independent motor vehicle industry,
1844one representative from the franchise motor vehicle industry,
1845one representative from the Department of Revenue, one Florida
1846tax collector, and one representative from the Better Business
1847Bureau.
1848     2.  The executive director shall appoint the following
1849initial members to 2-year terms: one representative from the
1850motor vehicle auction industry who represents an independent
1851auction, one representative from the independent motor vehicle
1852industry, one representative from the franchise motor vehicle
1853industry, one representative from the Division of Consumer
1854Services, one representative from the insurance industry, and
1855one representative from the department Division of Motor
1856Vehicles.
1857     3.  As the initial terms expire, the executive director
1858shall appoint successors from the same designated category for
1859terms of 2 years. If renominated, a member may succeed himself
1860or herself.
1861     4.  The board shall appoint a chair and vice chair at its
1862initial meeting and every 2 years thereafter.
1863     Section 47.  Subsection (1) of section 320.771, Florida
1864Statutes, is amended to read:
1865     320.771  License required of recreational vehicle dealers.-
1866     (1)  DEFINITIONS.-As used in this section:
1867     (a)  "Dealer" means any person engaged in the business of
1868buying, selling, or dealing in recreational vehicles or offering
1869or displaying recreational vehicles for sale. The term "dealer"
1870includes a recreational vehicle broker. Any person who buys,
1871sells, deals in, or offers or displays for sale, or who acts as
1872the agent for the sale of, one or more recreational vehicles in
1873any 12-month period shall be prima facie presumed to be a
1874dealer. The terms "selling" and "sale" include lease-purchase
1875transactions. The term "dealer" does not include banks, credit
1876unions, and finance companies that acquire recreational vehicles
1877as an incident to their regular business and does not include
1878mobile home rental and leasing companies that sell recreational
1879vehicles to dealers licensed under this section. A licensed
1880dealer may transact business in recreational vehicles with a
1881motor vehicle auction as defined in s. 320.27(1)(c)4. Further, a
1882licensed dealer may, at retail or wholesale, sell a motor
1883vehicle, as described in s. 320.01(1)(a), acquired in exchange
1884for the sale of a recreational vehicle, if such acquisition is
1885incidental to the principal business of being a recreational
1886vehicle dealer. However, a recreational vehicle dealer may not
1887buy a motor vehicle for the purpose of resale unless licensed as
1888a motor vehicle dealer pursuant to s. 320.27.
1889     (b)  "Recreational vehicle broker" means any person who is
1890engaged in the business of offering to procure or procuring used
1891recreational vehicles for the general public; who holds himself
1892or herself out through solicitation, advertisement, or otherwise
1893as one who offers to procure or procures used recreational
1894vehicles for the general public; or who acts as the agent or
1895intermediary on behalf of the owner or seller of a used
1896recreational vehicle which is for sale or who assists or
1897represents the seller in finding a buyer for the recreational
1898vehicle.
1899     (c)  For the purposes of this section, the term
1900"recreational vehicle" does not include any camping trailer, as
1901defined in s. 320.01(1)(b)2.
1902     (d)  A dealer may apply for a certificate of title to a
1903recreational vehicle required to be registered under s.
1904320.08(9) using a manufacturer's statement of origin as
1905permitted by s. 319.23(1) only if such dealer is authorized by a
1906manufacturer/dealer agreement as defined in s. 320.3202(8) on
1907file with the department to buy, sell, or deal in that
1908particular line-make of recreational vehicle and is authorized
1909by such agreement to perform delivery and preparation
1910obligations and warranty defect adjustments on that line-make.
1911     Section 48.  Section 320.95, Florida Statutes, is amended
1912to read:
1913     320.95  Transactions by electronic or telephonic means.-
1914     (1)  The department may is authorized to accept any
1915application provided for under this chapter by electronic or
1916telephonic means.
1917     (2)  The department may collect and use electronic mail
1918addresses for the purpose of providing renewal notices in lieu
1919of the United States Postal Service.
1920     Section 49.  Section 321.02, Florida Statutes, is amended
1921to read:
1922     321.02  Powers and duties of department, highway patrol.-
1923The director of the Division of Highway Patrol of the Department
1924of Highway Safety and Motor Vehicles shall be designated the
1925Colonel also be the commander of the Florida Highway Patrol. The
1926said department shall set up and promulgate rules and
1927regulations by which the personnel of the Florida Highway Patrol
1928officers shall be examined, employed, trained, located,
1929suspended, reduced in rank, discharged, recruited, paid and
1930pensioned, subject to civil service provisions hereafter set
1931out. The department may enter into contracts or agreements, with
1932or without competitive bidding or procurement, to make
1933available, on a fair, reasonable, nonexclusive, and
1934nondiscriminatory basis, property and other structures under
1935division control for the placement of new facilities by any
1936wireless provider of mobile service as defined in 47 U.S.C. s.
1937153(27) or s. 332(d), and any telecommunications company as
1938defined in s. 364.02 when it is determined to be practical and
1939feasible to make such property or other structures available.
1940The department may, without adopting a rule, charge a just,
1941reasonable, and nondiscriminatory fee for placement of the
1942facilities, payable annually, based on the fair market value of
1943space used by comparable communications facilities in the state.
1944The department and a wireless provider or telecommunications
1945company may negotiate the reduction or elimination of a fee in
1946consideration of services provided to the division by the
1947wireless provider or the telecommunications company. All such
1948fees collected by the department shall be deposited directly
1949into the State Agency Law Enforcement Radio System Trust Fund,
1950and may be used to construct, maintain, or support the system.
1951The department is further specifically authorized to purchase,
1952sell, trade, rent, lease and maintain all necessary equipment,
1953uniforms, motor vehicles, communication systems, housing
1954facilities, office space, and perform any other acts necessary
1955for the proper administration and enforcement of this chapter.
1956However, all supplies and equipment consisting of single items
1957or in lots shall be purchased under the requirements of s.
1958287.057. Purchases shall be made by accepting the bid of the
1959lowest responsive bidder, the right being reserved to reject all
1960bids. The department shall prescribe a distinctive uniform and
1961distinctive emblem to be worn by all officers of the Florida
1962Highway Patrol. It shall be unlawful for any other person or
1963persons to wear a similar uniform or emblem, or any part or
1964parts thereof. The department shall also prescribe distinctive
1965colors for use on motor vehicles and motorcycles operated by the
1966Florida Highway Patrol. The prescribed colors shall be referred
1967to as "Florida Highway Patrol black and tan."
1968     Section 50.  Subsection (3) of section 322.02, Florida
1969Statutes, is amended to read:
1970     322.02  Legislative intent; administration.-
1971     (3)  The department shall employ a director, who is charged
1972with the duty of serving as the executive officer of the
1973Division of Motorist Services within Driver Licenses of the
1974department insofar as the administration of this chapter is
1975concerned. He or she shall be subject to the supervision and
1976direction of the department, and his or her official actions and
1977decisions as executive officer shall be conclusive unless the
1978same are superseded or reversed by the department or by a court
1979of competent jurisdiction.
1980     Section 51.  Subsection (1) of section 322.04, Florida
1981Statutes, is amended to read:
1982     322.04  Persons exempt from obtaining driver's license.-
1983     (1)  The following persons are exempt from obtaining a
1984driver's license:
1985     (a)  Any employee of the United States Government, while
1986operating a noncommercial motor vehicle owned by or leased to
1987the United States Government and being operated on official
1988business.
1989     (b)  Any person while driving or operating any road
1990machine, farm tractor, or implement of husbandry temporarily
1991operated or moved on a highway.
1992     (c)  A nonresident who is at least 16 years of age and who
1993has in his or her immediate possession a valid noncommercial
1994driver's license issued to the nonresident in his or her home
1995state or country, may operate a motor vehicle of the type for
1996which a Class E driver's license is required in this state if he
1997or she has in their immediate possession:
1998     1.  A valid noncommercial driver's license issued in his or
1999her name from another state or territory of the United States;
2000or
2001     2.  An International Driving Permit issued in his or her
2002name in their country of residence and a valid license issued in
2003that country.
2004     (d)  A nonresident who is at least 18 years of age and who
2005has in his or her immediate possession a valid noncommercial
2006driver's license issued to the nonresident in his or her home
2007state or country may operate a motor vehicle, other than a
2008commercial motor vehicle, in this state.
2009     (d)(e)  Any person operating a golf cart, as defined in s.
2010320.01, which is operated in accordance with the provisions of
2011s. 316.212.
2012     Section 52.  Paragraph (a) of subsection (1) of section
2013322.051, Florida Statutes, is amended to read:
2014     322.051  Identification cards.-
2015     (1)  Any person who is 5 years of age or older, or any
2016person who has a disability, regardless of age, who applies for
2017a disabled parking permit under s. 320.0848, may be issued an
2018identification card by the department upon completion of an
2019application and payment of an application fee.
2020     (a)  Each such application shall include the following
2021information regarding the applicant:
2022     1.  Full name (first, middle or maiden, and last), gender,
2023proof of social security card number satisfactory to the
2024department, county of residence, mailing address, proof of
2025residential address satisfactory to the department, country of
2026birth, and a brief description.
2027     2.  Proof of birth date satisfactory to the department.
2028     3.  Proof of identity satisfactory to the department. Such
2029proof must include one of the following documents issued to the
2030applicant:
2031     a.  A driver's license record or identification card record
2032from another jurisdiction that required the applicant to submit
2033a document for identification which is substantially similar to
2034a document required under sub-subparagraph b., sub-subparagraph
2035c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
2036f., sub-subparagraph g., or sub-subparagraph h.;
2037     b.  A certified copy of a United States birth certificate;
2038     c.  A valid, unexpired United States passport;
2039     d.  A naturalization certificate issued by the United
2040States Department of Homeland Security;
2041     e.  A valid, unexpired alien registration receipt card
2042(green card);
2043     f.  A Consular Report of Birth Abroad provided by the
2044United States Department of State;
2045     g.  An unexpired employment authorization card issued by
2046the United States Department of Homeland Security; or
2047     h.  Proof of nonimmigrant classification provided by the
2048United States Department of Homeland Security, for an original
2049identification card. In order to prove such nonimmigrant
2050classification, applicants must provide at least one of may
2051produce but are not limited to the following documents, and, in
2052addition, the department may require applicants to produce
2053United States Department of Homeland Security documents for the
2054sole purpose of establishing the maintenance of or efforts to
2055maintain continuous lawful presence:
2056     (I)  A notice of hearing from an immigration court
2057scheduling a hearing on any proceeding.
2058     (II)  A notice from the Board of Immigration Appeals
2059acknowledging pendency of an appeal.
2060     (III)  Notice of the approval of an application for
2061adjustment of status issued by the United States Bureau of
2062Citizenship and Immigration Services.
2063     (IV)  Any official documentation confirming the filing of a
2064petition for asylum or refugee status or any other relief issued
2065by the United States Bureau of Citizenship and Immigration
2066Services.
2067     (V)  Notice of action transferring any pending matter from
2068another jurisdiction to Florida, issued by the United States
2069Bureau of Citizenship and Immigration Services.
2070     (VI)  Order of an immigration judge or immigration officer
2071granting any relief that authorizes the alien to live and work
2072in the United States including, but not limited to asylum.
2073     (VII)  Evidence that an application is pending for
2074adjustment of status to that of an alien lawfully admitted for
2075permanent residence in the United States or conditional
2076permanent resident status in the United States, if a visa number
2077is available having a current priority date for processing by
2078the United States Bureau of Citizenship and Immigration
2079Services.
2080     (VIII)  On or after January 1, 2010, an unexpired foreign
2081passport with an unexpired United States Visa affixed,
2082accompanied by an approved I-94, documenting the most recent
2083admittance into the United States.
2084
2085An identification card issued based on documents required
2086Presentation of any of the documents described in sub-
2087subparagraph g. or sub-subparagraph h. is valid entitles the
2088applicant to an identification card for a period not to exceed
2089the expiration date of the document presented or 1 year,
2090whichever first occurs.
2091     Section 53.  Subsection (4) of section 322.058, Florida
2092Statutes, is amended to read:
2093     322.058  Suspension of driving privileges due to support
2094delinquency; reinstatement.-
2095     (4)  This section applies only to the annual renewal in the
2096owner's birth month of a motor vehicle registration and does not
2097apply to the transfer of a registration of a motor vehicle sold
2098by a motor vehicle dealer licensed under chapter 320, except for
2099the transfer of registrations which is inclusive of the annual
2100renewals. This section does not affect the issuance of the title
2101to a motor vehicle, notwithstanding s. 319.23(8)(7)(b).
2102     Section 54.  Section 322.065, Florida Statutes, is amended
2103to read:
2104     322.065  Driver's license expired for 6 4 months or less;
2105penalties.-Any person whose driver's license has been expired
2106for 6 4 months or less and who drives a motor vehicle upon the
2107highways of this state commits is guilty of an infraction and is
2108subject to the penalty provided in s. 318.18.
2109     Section 55.  Subsection (3) of section 322.07, Florida
2110Statutes, is amended to read:
2111     322.07  Instruction permits and temporary licenses.-
2112     (3)  Any person who, except for his or her lack of
2113instruction in operating a commercial motor vehicle, would
2114otherwise be qualified to obtain a commercial driver's license
2115under this chapter, may apply for a temporary commercial
2116instruction permit. The department shall issue such a permit
2117entitling the applicant, while having the permit in his or her
2118immediate possession, to drive a commercial motor vehicle on the
2119highways, provided that:
2120     (a)  The applicant possesses a valid Florida driver's
2121license issued in any state; and
2122     (b)  The applicant, while operating a commercial motor
2123vehicle, is accompanied by a licensed driver who is 21 years of
2124age or older, who is licensed to operate the class of vehicle
2125being operated, and who is actually occupying the closest seat
2126to the right of the driver.
2127     Section 56.  Subsections (2) and (7) of section 322.08,
2128Florida Statutes, are amended, and subsection (8) is added to
2129that section, to read:
2130     322.08  Application for license; requirements for license
2131and identification card forms.-
2132     (2)  Each such application shall include the following
2133information regarding the applicant:
2134     (a)  Full name (first, middle or maiden, and last), gender,
2135proof of social security card number satisfactory to the
2136department, county of residence, mailing address, proof of
2137residential address satisfactory to the department, country of
2138birth, and a brief description.
2139     (b)  Proof of birth date satisfactory to the department.
2140     (c)  Proof of identity satisfactory to the department. Such
2141proof must include one of the following documents issued to the
2142applicant:
2143     1.  A driver's license record or identification card record
2144from another jurisdiction that required the applicant to submit
2145a document for identification which is substantially similar to
2146a document required under subparagraph 2., subparagraph 3.,
2147subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
21487., or subparagraph 8.;
2149     2.  A certified copy of a United States birth certificate;
2150     3.  A valid, unexpired United States passport;
2151     4.  A naturalization certificate issued by the United
2152States Department of Homeland Security;
2153     5.  A valid, unexpired alien registration receipt card
2154(green card);
2155     6.  A Consular Report of Birth Abroad provided by the
2156United States Department of State;
2157     7.  An unexpired employment authorization card issued by
2158the United States Department of Homeland Security; or
2159     8.  Proof of nonimmigrant classification provided by the
2160United States Department of Homeland Security, for an original
2161driver's license. In order to prove nonimmigrant classification,
2162an applicant must provide at least one of the following
2163documents, and, in addition, the department may require
2164applicants to produce United States Department of Homeland
2165Security documents for the sole purpose of establishing the
2166maintenance of or efforts to maintain continuous lawful presence
2167may produce the following documents, including, but not limited
2168to:
2169     a.  A notice of hearing from an immigration court
2170scheduling a hearing on any proceeding.
2171     b.  A notice from the Board of Immigration Appeals
2172acknowledging pendency of an appeal.
2173     c.  A notice of the approval of an application for
2174adjustment of status issued by the United States Bureau of
2175Citizenship and Immigration Services.
2176     d.  Any official documentation confirming the filing of a
2177petition for asylum or refugee status or any other relief issued
2178by the United States Bureau of Citizenship and Immigration
2179Services.
2180     e.  A notice of action transferring any pending matter from
2181another jurisdiction to this state issued by the United States
2182Bureau of Citizenship and Immigration Services.
2183     f.  An order of an immigration judge or immigration officer
2184granting any relief that authorizes the alien to live and work
2185in the United States, including, but not limited to, asylum.
2186     g.  Evidence that an application is pending for adjustment
2187of status to that of an alien lawfully admitted for permanent
2188residence in the United States or conditional permanent resident
2189status in the United States, if a visa number is available
2190having a current priority date for processing by the United
2191States Bureau of Citizenship and Immigration Services.
2192     h.  On or after January 1, 2010, an unexpired foreign
2193passport with an unexpired United States Visa affixed,
2194accompanied by an approved I-94, documenting the most recent
2195admittance into the United States.
2196
2197A driver's license or temporary permit issued based on documents
2198required Presentation of any of the documents in subparagraph 7.
2199or subparagraph 8. is valid entitles the applicant to a driver's
2200license or temporary permit for a period not to exceed the
2201expiration date of the document presented or 1 year, whichever
2202occurs first.
2203     (d)  Whether the applicant has previously been licensed to
2204drive, and, if so, when and by what state, and whether any such
2205license or driving privilege has ever been disqualified,
2206revoked, or suspended, or whether an application has ever been
2207refused, and, if so, the date of and reason for such
2208disqualification, suspension, revocation, or refusal.
2209     (e)  Each such application may include fingerprints and
2210other unique biometric means of identity.
2211     (7)  The application form for an original, renewal, or
2212replacement driver's license or identification card shall
2213include language permitting the following:
2214     (a)  A voluntary contribution of $1 per applicant, which
2215contribution shall be deposited into the Health Care Trust Fund
2216for organ and tissue donor education and for maintaining the
2217organ and tissue donor registry.
2218     (b)  A voluntary contribution of $1 per applicant, which
2219contribution shall be distributed to the Florida Council of the
2220Blind.
2221     (c)  A voluntary contribution of $2 per applicant, which
2222shall be distributed to the Hearing Research Institute,
2223Incorporated.
2224     (d)  A voluntary contribution of $1 per applicant, which
2225shall be distributed to the Juvenile Diabetes Foundation
2226International.
2227     (e)  A voluntary contribution of $1 per applicant, which
2228shall be distributed to the Children's Hearing Help Fund.
2229     (f)  A voluntary contribution of $1 per applicant, which
2230shall be distributed to Family First, a nonprofit organization.
2231     (g)  A voluntary contribution of $1 per applicant to Stop
2232Heart Disease, which shall be distributed to the Florida Heart
2233Research Institute, a nonprofit organization.
2234     (h)  A voluntary contribution of $1 per applicant to Senior
2235Vision Services, which shall be distributed to the Florida
2236Association of Agencies Serving the Blind, Inc., a not-for-
2237profit organization.
2238     (i)  A voluntary contribution of $1 per applicant for
2239services for persons with developmental disabilities, which
2240shall be distributed to The Arc of Florida.
2241     (j)  A voluntary contribution of $1 to the Ronald McDonald
2242House, which shall be distributed each month to Ronald McDonald
2243House Charities of Tampa Bay, Inc.
2244     (k)  Notwithstanding s. 322.081, a voluntary contribution
2245of $1 per applicant, which shall be distributed to the League
2246Against Cancer/La Liga Contra el Cancer, a not-for-profit
2247organization.
2248     (l)  A voluntary contribution of $1 per applicant to
2249Prevent Child Sexual Abuse, which shall be distributed to
2250Lauren's Kids, Inc., a nonprofit organization.
2251     (m)  A voluntary contribution of $1 per applicant, which
2252shall be distributed to Prevent Blindness Florida, a not-for-
2253profit organization, to prevent blindness and preserve the sight
2254of the residents of this state.
2255     (n)  Notwithstanding s. 322.081, a voluntary contribution
2256of $1 per applicant to the state homes for veterans, to be
2257distributed on a quarterly basis by the department to the State
2258Homes for Veterans Trust Fund, which is administered by the
2259Department of Veterans' Affairs.
2260     (o)  A voluntary contribution of $1 per applicant for
2261Autism Services and Supports. Such contributions must be
2262transferred by the department each month to the Achievement and
2263Rehabilitation Centers, Inc., Autism Services Fund.
2264     (p)  A voluntary contribution of $1 per applicant to
2265Support Our Troops, which shall be distributed monthly to
2266Support Our Troops, Inc., a Florida not-for-profit organization.
2267
2268A statement providing an explanation of the purpose of the trust
2269funds shall also be included. For the purpose of applying the
2270service charge provided in s. 215.20, contributions received
2271under paragraphs (b)-(p) (b)-(n) are not income of a revenue
2272nature.
2273     (8)  The department may collect and use electronic mail
2274addresses for the purpose of providing renewal notices in lieu
2275of the United State Postal Service.
2276     Section 57.  Subsection (9) is added to section 322.081,
2277Florida Statutes, to read:
2278     322.081  Requests to establish voluntary checkoff on
2279driver's license application.-
2280     (9)  The department may annually retain from the first
2281proceeds derived from the voluntary contributions collected an
2282amount sufficient to defray for each voluntary contribution the
2283pro rata share of the department's costs directly related to the
2284voluntary contributions program. Such costs include renewal
2285notices, postage, distribution costs, direct costs to the
2286department, and costs associated with reviewing each
2287organization's compliance with the audit and attestation
2288requirements of this section. The revenues retained by the
2289department may not be less than 0.5 percent and may not exceed
22901.5 percent. The balance of the proceeds from the voluntary
2291contributions collected shall be distributed as provided by law.
2292     Section 58.  Subsection (1) of section 322.095, Florida
2293Statutes, is amended to read:
2294     322.095  Traffic law and substance abuse education program
2295for driver's license applicants.-
2296     (1)  The Department of Highway Safety and Motor Vehicles
2297must approve traffic law and substance abuse education courses
2298that must be completed by applicants for a Florida driver's
2299license. The curricula for the courses must provide instruction
2300on the physiological and psychological consequences of the abuse
2301of alcohol and other drugs, the societal and economic costs of
2302alcohol and drug abuse, the effects of alcohol and drug abuse on
2303the driver of a motor vehicle, the dangers of driving while
2304distracted, which must specifically include the use of
2305technology while driving, and the laws of this state relating to
2306the operation of a motor vehicle. All instructors teaching the
2307courses shall be certified by the department.
2308     Section 59.  Subsection (5) of section 322.12, Florida
2309Statutes, is amended to read:
2310     322.12  Examination of applicants.-
2311     (5)(a)  The department shall formulate a separate
2312examination for applicants for licenses to operate motorcycles.
2313Any applicant for a driver's license who wishes to operate a
2314motorcycle, and who is otherwise qualified, must successfully
2315complete such an examination, which is in addition to the
2316examination administered under subsection (3). The examination
2317must test the applicant's knowledge of the operation of a
2318motorcycle and of any traffic laws specifically relating thereto
2319and must include an actual demonstration of his or her ability
2320to exercise ordinary and reasonable control in the operation of
2321a motorcycle. Any applicant who fails to pass the initial
2322knowledge examination will incur a $5 fee for each subsequent
2323examination, to be deposited into the Highway Safety Operating
2324Trust Fund. Any applicant who fails to pass the initial skills
2325examination will incur a $10 fee for each subsequent
2326examination, to be deposited into the Highway Safety Operating
2327Trust Fund. In the formulation of the examination, the
2328department shall consider the use of the Motorcycle Operator
2329Skills Test and the Motorcycle in Traffic Test offered by the
2330Motorcycle Safety Foundation. The department shall indicate on
2331the license of any person who successfully completes the
2332examination that the licensee is authorized to operate a
2333motorcycle. If the applicant wishes to be licensed to operate a
2334motorcycle only, he or she need not take the skill or road test
2335required under subsection (3) for the operation of a motor
2336vehicle, and the department shall indicate such a limitation on
2337his or her license as a restriction. Every first-time applicant
2338for licensure to operate a motorcycle must provide proof of
2339completion of a motorcycle safety course, as provided for in s.
2340322.0255, which shall include a final examination before the
2341applicant may be licensed to operate a motorcycle. The
2342department shall indicate on the license of any person who
2343successfully completes the course that the licensee is
2344authorized to operate a motorcycle. If the applicant wishes to
2345be licensed to operate a motorcycle only, he or she need not
2346take the skills or road test required under subsection (3) for
2347the operation of a motor vehicle, and the department shall
2348indicate such a limitation on his or her license as a
2349restriction.
2350     (b)  The department may exempt any applicant from the
2351examination provided in this subsection if the applicant
2352presents a certificate showing successful completion of a course
2353approved by the department, which course includes a similar
2354examination of the knowledge and skill of the applicant in the
2355operation of a motorcycle.
2356     Section 60.  Subsection (5) of section 322.121, Florida
2357Statutes, is amended to read:
2358     322.121  Periodic reexamination of all drivers.-
2359     (5)  Members of the Armed Forces, or their dependents
2360residing with them, shall be granted an automatic extension for
2361the expiration of their Class E licenses without reexamination
2362while serving on active duty outside this state. This extension
2363is valid for 90 days after the member of the Armed Forces is
2364either discharged or returns to this state to live.
2365     Section 61.  Paragraph (a) of subsection (1) of section
2366322.14, Florida Statutes, is amended to read:
2367     322.14  Licenses issued to drivers.-
2368     (1)(a)  The department shall, upon successful completion of
2369all required examinations and payment of the required fee, issue
2370to every applicant qualifying therefor, a driver's license as
2371applied for, which license shall bear thereon a color photograph
2372or digital image of the licensee; the name of the state; a
2373distinguishing number assigned to the licensee; and the
2374licensee's full name, date of birth, and residence address; a
2375brief description of the licensee, including, but not limited
2376to, the licensee's gender and height; and the dates of issuance
2377and expiration of the license. A space shall be provided upon
2378which the licensee shall affix his or her usual signature. No
2379license shall be valid until it has been so signed by the
2380licensee except that the signature of said licensee shall not be
2381required if it appears thereon in facsimile or if the licensee
2382is not present within the state at the time of issuance.
2383Applicants qualifying to receive a Class A, Class B, or Class C
2384driver's license must appear in person within the state for
2385issuance of a color photographic or digital imaged driver's
2386license pursuant to s. 322.142.
2387     Section 62.  Section 322.1415, Florida Statutes, is created
2388to read:
2389     322.1415  Specialty driver's license and identification
2390card program.-
2391     (1)  The department may issue to any applicant qualified
2392pursuant to s. 322.14 a specialty driver's license or
2393identification card upon payment of the appropriate fee pursuant
2394to s. 322.21.
2395     (2)  Department-approved specialty driver's licenses and
2396identification cards shall, at a minimum, be available for state
2397and independent universities domiciled in this state, all
2398Florida professional sports teams designated in s.
2399320.08058(9)(a), and all branches of the United States military.
2400     (3)  The design and use of each specialty driver's license
2401and identification card must be approved by the department and
2402the organization that is recognized by the driver's license or
2403card.
2404     (4)  Organizations receiving funds from this program shall
2405attest as provided in 320.08062 that the funds have been
2406expended in the same manner as provided in s. 320.08058. On
2407December 1 of each year, the department shall deliver an annual
2408report to the President of the Senate and the Speaker of the
2409House of Representatives addressing the viability of the program
2410and detailing the amounts distributed to each entity.
2411     (5)  This section is repealed August 31, 2015.
2412     Section 63.  Subsection (2) of section 322.19, Florida
2413Statutes, is amended to read:
2414     322.19  Change of address or name.-
2415     (2)  Whenever any person, after applying for or receiving a
2416driver's license, changes the legal residence or mailing address
2417in the application or license, the person must, within 10
2418calendar days, obtain a replacement license that reflects the
2419change. A written request to the department must include the old
2420and new addresses and the driver's license number. Persons with
2421a valid, current student identification card issued by an
2422educational institution in this state are presumed not to have
2423changed their legal residence or mailing address. Nothing in
2424this provision shall affect any person required to register a
2425permanent or temporary address change pursuant to s. 775.13, s.
2426775.21, s. 775.25, or s. 943.0435.
2427     Section 64.  Subsections (9), (10), (13), (14), and (16) of
2428section 322.20, Florida Statutes, are amended to read:
2429     322.20  Records of the department; fees; destruction of
2430records.-
2431     (9)  The department may, upon application, furnish to any
2432person, from its the records of the Division of Driver Licenses,
2433a list of the names, addresses, and birth dates of the licensed
2434drivers of the entire state or any portion thereof by age group.
2435In addition, the department may furnish to the courts, for the
2436purpose of establishing jury selection lists, the names,
2437addresses, and birth dates of the persons of the entire state or
2438any portion thereof by age group having identification cards
2439issued by the department. Each person who requests such
2440information shall pay a fee, set by the department, of 1 cent
2441per name listed, except that the department shall furnish such
2442information without charge to the courts for the purpose of jury
2443selection or to any state agency or to any state attorney,
2444sheriff, or chief of police. Such court, state agency, state
2445attorney, or law enforcement agency may not sell, give away, or
2446allow the copying of such information. Noncompliance with this
2447prohibition shall authorize the department to charge the
2448noncomplying court, state agency, state attorney, or law
2449enforcement agency the appropriate fee for any subsequent lists
2450requested. The department may adopt rules necessary to implement
2451this subsection.
2452     (10)  The department Division of Driver Licenses is
2453authorized, upon application of any person and payment of the
2454proper fees, to search and to assist such person in the search
2455of the records of the department and make reports thereof and to
2456make photographic copies of the departmental records and
2457attestations thereof.
2458     (13)  The department Division of Driver Licenses shall
2459implement a system that allows either parent of a minor, or a
2460guardian, or other responsible adult who signed a minor's
2461application for a driver's license to have Internet access
2462through a secure website to inspect the minor's driver history
2463record. Internet access to driver history records granted to a
2464minor's parents, guardian, or other responsible adult shall be
2465furnished by the department at no fee and shall terminate when
2466the minor attains 18 years of age.
2467     (14)  The department is authorized in accordance with
2468chapter 257 to destroy reports, records, documents, papers, and
2469correspondence in the department Division of Driver Licenses
2470which are considered obsolete.
2471     (16)  The creation and maintenance of records by the
2472Division of Motorist Services within the department and the
2473Division of Driver Licenses pursuant to this chapter shall not
2474be regarded as law enforcement functions of agency
2475recordkeeping.
2476     Section 65.  Section 322.202, Florida Statutes, is amended
2477to read:
2478     322.202  Admission of evidence obtained from the Division
2479of Motorist Services Driver Licenses and the Division of Motor
2480Vehicles.-
2481     (1)  The Legislature finds that the Division of Motorist
2482Services Driver Licenses and the Division of Motor Vehicles of
2483the Department of Highway Safety and Motor Vehicles is are not a
2484law enforcement agency agencies. The Legislature also finds that
2485the division is divisions are not an adjunct adjuncts of any law
2486enforcement agency in that employees have no stake in particular
2487prosecutions. The Legislature further finds that errors in
2488records maintained by the Division of Motorist Services
2489divisions are not within the collective knowledge of any law
2490enforcement agency. The Legislature also finds that the mission
2491missions of the Division of Motorist Services Driver Licenses,
2492the Division of Motor Vehicles, and the Department of Highway
2493Safety and Motor Vehicles provides provide a sufficient
2494incentive to maintain records in a current and correct fashion.
2495     (2)  The Legislature finds that the purpose of the
2496exclusionary rule is to deter misconduct on the part of law
2497enforcement officers and law enforcement agencies.
2498     (3)  The Legislature finds that the application of the
2499exclusionary rule to cases where a law enforcement officer
2500effects an arrest based on objectively reasonable reliance on
2501information obtained from the division divisions is repugnant to
2502the purposes of the exclusionary rule and contrary to the
2503decisions of the United States Supreme Court in Arizona v.
2504Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897
2505(1984).
2506     (4)  In any case where a law enforcement officer effects an
2507arrest based on objectively reasonable reliance on information
2508obtained from the division divisions, evidence found pursuant to
2509such an arrest shall not be suppressed by application of the
2510exclusionary rule on the grounds that the arrest is subsequently
2511determined to be unlawful due to erroneous information obtained
2512from the divisions.
2513     Section 66.  Paragraph (i) is added to subsection (1) of
2514section 322.21, Florida Statutes, and subsections (2) and (4) of
2515that section are amended, to read:
2516     322.21  License fees; procedure for handling and collecting
2517fees.-
2518     (1)  Except as otherwise provided herein, the fee for:
2519     (i)  The specialty license or identification card issued
2520pursuant to s. 322.1415 is $25, which is in addition to other
2521fees required in this section. The specialty fee shall be
2522distributed as follows:
2523     1.  Fifty percent shall be distributed as provided in
2524section 320.08058 to the appropriate state or independent
2525university, the professional sports team, or branches of the
2526military.
2527     2.  Fifty percent shall be distributed to the department  
2528for department costs directly related to the specialty driver's
2529license and identification card program and to defray costs of
2530production enhancements and distribution.
2531     (2)  It is the duty of the director of the Division of
2532Motorist Services to provide Driver Licenses to set up a
2533division in the department with the necessary personnel to
2534perform the necessary clerical and routine work for the
2535department in issuing and recording applications, licenses, and
2536certificates of eligibility, including the receiving and
2537accounting of all license funds and their payment into the State
2538Treasury, and other incidental clerical work connected with the
2539administration of this chapter. The department may use such
2540electronic, mechanical, or other devices as necessary to
2541accomplish the purposes of this chapter.
2542     (4)  If the department determines from its records or is
2543otherwise satisfied that the holder of a license about to expire
2544is entitled to have it renewed, the department shall mail a
2545renewal notice to the licensee at his or her last known address,
2546at least within 30 days before the licensee's birthday. The
2547licensee may shall be issued a renewal license, after
2548reexamination, if required, during the 30 days immediately
2549preceding his or her birthday upon presenting a renewal notice,
2550his or her current license, and the fee for renewal to the
2551department at any driver's license examining office. A driver
2552may renew his or her driver's license up to 18 months prior to
2553the license expiration date.
2554     Section 67.  Subsection (1) of section 322.22, Florida
2555Statutes, is amended to read:
2556     322.22  Authority of department to cancel license.-
2557     (1)  The department is authorized to cancel any driver's
2558license, upon determining that the licensee is was not entitled
2559to the license issuance thereof, or that the licensee failed to
2560give the required or correct information in his or her
2561application or committed any fraud in making such application,
2562or that the licensee has two or more licenses on file with the
2563department, each in a different name but bearing the photograph
2564of the licensee, unless the licensee has complied with the
2565requirements of this chapter in obtaining the licenses. The
2566department may cancel any driver's license, identification card,
2567vehicle or vessel registration, or fuel-use decal if the
2568licensee fails to pay the correct fee or pays for the driver's
2569license, identification card, vehicle or vessel registration, or
2570fuel-use decal; pays any tax liability, penalty, or interest
2571specified in chapter 207; or pays any administrative,
2572delinquency, or reinstatement fee by a dishonored check.
2573     Section 68.  Subsection (6) of section 322.2615, Florida
2574Statutes, is amended to read:
2575     322.2615  Suspension of license; right to review.-
2576     (6)(a)  If the person whose license was suspended requests
2577a formal review, the department must schedule a hearing to be
2578held within 30 days after such request is received by the
2579department and must notify the person of the date, time, and
2580place of the hearing.
2581     (b)  Such formal review hearing shall be held before a
2582hearing officer employed by the department, and the hearing
2583officer shall be authorized to administer oaths, examine
2584witnesses and take testimony, receive relevant evidence, issue
2585subpoenas for the officers and witnesses identified in documents
2586in subsection (2), regulate the course and conduct of the
2587hearing, question witnesses, and make a ruling on the
2588suspension. The party requesting the presence of a witness shall
2589be responsible for the payment of any witness fees and for
2590notifying in writing the state attorney's office in the
2591appropriate circuit of the issuance of the subpoena. If the
2592person who requests a formal review hearing fails to appear and
2593the hearing officer finds such failure to be without just cause,
2594the right to a formal hearing is waived and the suspension shall
2595be sustained.
2596     (c)  A party may seek enforcement of a subpoena under
2597paragraph (b) by:
2598     1.  Filing a motion for enforcement of a subpoena in the
2599related criminal case, if any; or
2600     2.  Filing a petition for enforcement in the circuit court
2601of the judicial circuit in which the person failing to comply
2602with the subpoena resides. A failure to comply with an order of
2603the court shall result in a finding of contempt of court.
2604However, a person is not in contempt while a subpoena is being
2605challenged.
2606     (d)  The department must, within 7 working days after a
2607formal review hearing, send notice to the person of the hearing
2608officer's decision as to whether sufficient cause exists to
2609sustain, amend, or invalidate the suspension.
2610     Section 69.  Subsection (12) is added to section 322.34,
2611Florida Statutes, to read:
2612     322.34  Driving while license suspended, revoked, canceled,
2613or disqualified.-
2614     (1)  Except as provided in subsection (2), any person whose
2615driver's license or driving privilege has been canceled,
2616suspended, or revoked, except a "habitual traffic offender" as
2617defined in s. 322.264, who drives a vehicle upon the highways of
2618this state while such license or privilege is canceled,
2619suspended, or revoked is guilty of a moving violation,
2620punishable as provided in chapter 318.
2621     (12)  A person who commits a moving violation as provided
2622in subsection (1) shall not have his or her motor vehicle
2623impounded or immobilized.
2624     Section 70.  Subsection (2) of section 322.53, Florida
2625Statutes, is amended to read:
2626     322.53  License required; exemptions.-
2627     (2)  The following persons are exempt from the requirement
2628to obtain a commercial driver's license:
2629     (a)  Drivers of authorized emergency vehicles.
2630     (b)  Military personnel driving vehicles operated for
2631military purposes.
2632     (c)  Farmers transporting agricultural products, farm
2633supplies, or farm machinery to or from their farms within 150
2634miles of their farm if the vehicle operated under this exemption
2635is not used in the operations of a common or contract motor
2636carrier, or transporting agricultural products to or from the
2637first place of storage or processing or directly to or from
2638market, within 150 miles of their farm.
2639     (d)  Drivers of recreational vehicles, as defined in s.
2640320.01.
2641     (e)  Drivers who operate straight trucks, as defined in s.
2642316.003, which that are exclusively transporting their own
2643tangible personal property that which is not for sale or hire,
2644and the vehicles are not used in commerce.
2645     (f)  An employee of a publicly owned transit system who is
2646limited to moving vehicles for maintenance or parking purposes
2647exclusively within the restricted-access confines of a transit
2648system's property.
2649     Section 71.  Subsection (5) is added to section 322.54,
2650Florida Statutes, to read:
2651     322.54  Classification.-
2652     (5)  The required driver's license classification of any
2653person operating a commercial motor vehicle that has no gross
2654vehicle weight rating plate or no vehicle identification number
2655shall be determined by the actual weight of the vehicle.
2656     Section 72.  Section 322.58, Florida Statutes, is repealed.
2657     Section 73.  Section 322.59, Florida Statutes, is amended
2658to read:
2659     322.59  Possession of medical examiner's certificate.-
2660     (1)  The department shall not issue a commercial driver's
2661license to any person who is required by the laws of this state
2662or by federal law to possess a medical examiner's certificate,
2663unless such person provides presents a valid certificate, as
2664described in 49 C.F.R. s. 383.71 prior to licensure.
2665     (2)  The department shall disqualify a driver from
2666operating a commercial motor vehicle if that driver holds a
2667commercial driver's license and fails to comply with the medical
2668certification requirements described in 49 C.F.R. s. 383.71.
2669     (2)  This section does not expand the requirements as to
2670who must possess a medical examiner's certificate.
2671     Section 74.  Subsection (5) of section 322.61, Florida
2672Statutes, is amended to read:
2673     322.61  Disqualification from operating a commercial motor
2674vehicle.-
2675     (5)  Any person who is convicted of two violations
2676specified in subsection (3) which were committed while operating
2677a commercial motor vehicle, or any combination thereof, arising
2678in separate incidents shall be permanently disqualified from
2679operating a commercial motor vehicle. Any holder of a commercial
2680driver's license who is convicted of two violations specified in
2681subsection (3), which were committed while operating any a
2682noncommercial motor vehicle, or any combination thereof, arising
2683in separate incidents shall be permanently disqualified from
2684operating a commercial motor vehicle. The penalty provided in
2685this subsection is in addition to any other applicable penalty.
2686     Section 75.  Subsections (1), (4), (7), (8), and (11) of
2687section 322.64, Florida Statutes, are amended to read:
2688     322.64  Holder of commercial driver's license; persons
2689operating a commercial motor vehicle; driving with unlawful
2690blood-alcohol level; refusal to submit to breath, urine, or
2691blood test.-
2692     (1)(a)  A law enforcement officer or correctional officer
2693shall, on behalf of the department, disqualify from operating
2694any commercial motor vehicle a person who while operating or in
2695actual physical control of a commercial motor vehicle is
2696arrested for a violation of s. 316.193, relating to unlawful
2697blood-alcohol level or breath-alcohol level, or a person who has
2698refused to submit to a breath, urine, or blood test authorized
2699by s. 322.63 or s. 316.1932 arising out of the operation or
2700actual physical control of a commercial motor vehicle. A law
2701enforcement officer or correctional officer shall, on behalf of
2702the department, disqualify the holder of a commercial driver's
2703license from operating any commercial motor vehicle if the
2704licenseholder, while operating or in actual physical control of
2705a motor vehicle, is arrested for a violation of s. 316.193,
2706relating to unlawful blood-alcohol level or breath-alcohol
2707level, or refused to submit to a breath, urine, or blood test
2708authorized by s. 322.63 or s. 316.1932. Upon disqualification of
2709the person, the officer shall take the person's driver's license
2710and issue the person a 10-day temporary permit for the operation
2711of noncommercial vehicles only if the person is otherwise
2712eligible for the driving privilege and shall issue the person a
2713notice of disqualification. If the person has been given a
2714blood, breath, or urine test, the results of which are not
2715available to the officer at the time of the arrest, the agency
2716employing the officer shall transmit such results to the
2717department within 5 days after receipt of the results. If the
2718department then determines that the person had a blood-alcohol
2719level or breath-alcohol level of 0.08 or higher, the department
2720shall disqualify the person from operating a commercial motor
2721vehicle pursuant to subsection (3).
2722     (b)  For purposes of determining the period of
2723disqualification described in 49 C.F.R. s. 383.51,
2724disqualifications listed in paragraph (a) shall be treated as
2725convictions.
2726     (c)(b)  The disqualification under paragraph (a) shall be
2727pursuant to, and the notice of disqualification shall inform the
2728driver of, the following:
2729     1.a.  The driver refused to submit to a lawful breath,
2730blood, or urine test and he or she is disqualified from
2731operating a commercial motor vehicle for the time period
2732specified in 49 C.F.R. s. 383.51 a period of 1 year, for a first
2733refusal, or permanently, if he or she has previously been
2734disqualified under this section; or
2735     b.  The driver had an unlawful blood-alcohol or breath-
2736alcohol level of 0.08 or higher while driving or in actual
2737physical control of a commercial motor vehicle, or any motor
2738vehicle if the driver holds a commercial driver license, and is
2739disqualified for the time period specified in 49 C.F.R. s.
2740383.51. The driver was driving or in actual physical control of
2741a commercial motor vehicle, or any motor vehicle if the driver
2742holds a commercial driver's license, had an unlawful blood-
2743alcohol level or breath-alcohol level of 0.08 or higher, and his
2744or her driving privilege shall be disqualified for a period of 1
2745year for a first offense or permanently disqualified if his or
2746her driving privilege has been previously disqualified under
2747this section.
2748     2.  The disqualification period for operating commercial
2749vehicles shall commence on the date of issuance of the notice of
2750disqualification.
2751     3.  The driver may request a formal or informal review of
2752the disqualification by the department within 10 days after the
2753date of issuance of the notice of disqualification.
2754     4.  The temporary permit issued at the time of
2755disqualification expires at midnight of the 10th day following
2756the date of disqualification.
2757     5.  The driver may submit to the department any materials
2758relevant to the disqualification.
2759     (4)  If the person disqualified requests an informal review
2760pursuant to subparagraph (1)(c)(b)3., the department shall
2761conduct the informal review by a hearing officer employed by the
2762department. Such informal review hearing shall consist solely of
2763an examination by the department of the materials submitted by a
2764law enforcement officer or correctional officer and by the
2765person disqualified, and the presence of an officer or witness
2766is not required.
2767     (7)  In a formal review hearing under subsection (6) or an
2768informal review hearing under subsection (4), the hearing
2769officer shall determine by a preponderance of the evidence
2770whether sufficient cause exists to sustain, amend, or invalidate
2771the disqualification. The scope of the review shall be limited
2772to the following issues:
2773     (a)  If the person was disqualified from operating a
2774commercial motor vehicle for driving with an unlawful blood-
2775alcohol level:
2776     1.  Whether the arresting law enforcement officer had
2777probable cause to believe that the person was driving or in
2778actual physical control of a commercial motor vehicle, or any
2779motor vehicle if the driver holds a commercial driver's license,
2780in this state while he or she had any alcohol, chemical
2781substances, or controlled substances in his or her body.
2782     2.  Whether the person had an unlawful blood-alcohol level
2783or breath-alcohol level of 0.08 or higher.
2784     (b)  If the person was disqualified from operating a
2785commercial motor vehicle for refusal to submit to a breath,
2786blood, or urine test:
2787     1.  Whether the law enforcement officer had probable cause
2788to believe that the person was driving or in actual physical
2789control of a commercial motor vehicle, or any motor vehicle if
2790the driver holds a commercial driver's license, in this state
2791while he or she had any alcohol, chemical substances, or
2792controlled substances in his or her body.
2793     2.  Whether the person refused to submit to the test after
2794being requested to do so by a law enforcement officer or
2795correctional officer.
2796     3.  Whether the person was told that if he or she refused
2797to submit to such test he or she would be disqualified from
2798operating a commercial motor vehicle for a period of 1 year or,
2799if previously disqualified under this section, permanently.
2800     (8)  Based on the determination of the hearing officer
2801pursuant to subsection (7) for both informal hearings under
2802subsection (4) and formal hearings under subsection (6), the
2803department shall:
2804     (a)  sustain the disqualification for the time period
2805described in 49 C.F.R. s. 383.51 a period of 1 year for a first
2806refusal, or permanently if such person has been previously
2807disqualified from operating a commercial motor vehicle under
2808this section. The disqualification period commences on the date
2809of the issuance of the notice of disqualification.
2810     (b)  Sustain the disqualification:
2811     1.  For a period of 1 year if the person was driving or in
2812actual physical control of a commercial motor vehicle, or any
2813motor vehicle if the driver holds a commercial driver's license,
2814and had an unlawful blood-alcohol level or breath-alcohol level
2815of 0.08 or higher; or
2816     2.  Permanently if the person has been previously
2817disqualified from operating a commercial motor vehicle under
2818this section or his or her driving privilege has been previously
2819suspended for driving or being in actual physical control of a
2820commercial motor vehicle, or any motor vehicle if the driver
2821holds a commercial driver's license, and had an unlawful blood-
2822alcohol level or breath-alcohol level of 0.08 or higher.
2823
2824The disqualification period commences on the date of the
2825issuance of the notice of disqualification.
2826     (11)  The formal review hearing may be conducted upon a
2827review of the reports of a law enforcement officer or a
2828correctional officer, including documents relating to the
2829administration of a breath test or blood test or the refusal to
2830take a breath, blood, or urine either test. However, as provided
2831in subsection (6), the driver may subpoena the officer or any
2832person who administered or analyzed a breath or blood test.
2833     Section 76.  Section 328.30, Florida Statutes, is amended
2834to read:
2835     328.30  Transactions by electronic or telephonic means.-
2836     (1)  The department may is authorized to accept any
2837application provided for under this chapter by electronic or
2838telephonic means.
2839     (2)  The department may issue an electronic certificate of
2840title in lieu of printing a paper title.
2841     (3)  The department may collect and use electronic mail
2842addresses for the purpose of providing renewal notices in lieu
2843of the United States Postal Service.
2844     Section 77.  Subsection (2) of section 413.012, Florida
2845Statutes, is amended to read:
2846     413.012  Confidential records disclosure prohibited;
2847exemptions.-
2848     (2)  It is unlawful for any person to disclose, authorize
2849the disclosure, solicit, receive, or make use of any list of
2850names and addresses or any record containing any information set
2851forth in subsection (1) and maintained in the division. The
2852prohibition provided for in this subsection shall not apply to
2853the use of such information for purposes directly connected with
2854the administration of the vocational rehabilitation program or
2855with the monthly dispatch to the Division of Driver Licenses of
2856the Department of Highway Safety and Motor Vehicles of the name
2857in full, place and date of birth, sex, social security number,
2858and resident address of individuals with central visual acuity
285920/200 or less in the better eye with correcting glasses, or a
2860disqualifying field defect in which the peripheral field has
2861contracted to such an extent that the widest diameter or visual
2862field subtends an angular distance no greater than 20 degrees.
2863When requested in writing by an applicant or client, or her or
2864his representative, the Division of Blind Services shall release
2865confidential information to the applicant or client or her or
2866his representative.
2867     Section 78.  Paragraph (f) of subsection (13) of section
2868713.78, Florida Statutes, is amended to read:
2869     713.78  Liens for recovering, towing, or storing vehicles
2870and vessels.-
2871     (13)
2872     (f)  This subsection applies only to the annual renewal in
2873the registered owner's birth month of a motor vehicle
2874registration and does not apply to the transfer of a
2875registration of a motor vehicle sold by a motor vehicle dealer
2876licensed under chapter 320, except for the transfer of
2877registrations which is inclusive of the annual renewals. This
2878subsection does not apply to any vehicle registered in the name
2879of the lessor. This subsection does not affect the issuance of
2880the title to a motor vehicle, notwithstanding s.
2881319.23(8)(7)(b).
2882     Section 79.  Edna S. Hargrett-Thrower Avenue designated;
2883Department of Transportation to erect suitable markers.-
2884     (1)  That portion of Orange Blossom Trail between Gore
2885Street and Church Street in Orange County is designated as "Edna
2886S. Hargrett-Thrower Avenue."
2887     (2)  The Department of Transportation is directed to erect
2888suitable markers designating Edna S. Hargrett-Thrower Avenue as
2889described in subsection (1).
2890     Section 80.  SP4 Thomas Berry Corbin Memorial Highway
2891designated; Department of Transportation to erect suitable
2892markers.-
2893     (1)  That portion of U.S. Highway 19/27A/98/State Road 55
2894between the Suwannee River Bridge and N.E. 592nd Street/Chavous
2895Road/Kate Green Road in Dixie County is designated as "SP4
2896Thomas Berry Corbin Memorial Highway."
2897     (2)  The Department of Transportation is directed to erect
2898suitable markers designating SP4 Thomas Berry Corbin Memorial
2899Highway as described in subsection (1).
2900     Section 81.  U.S. Navy BMC Samuel Calhoun Chavous, Jr.
2901Memorial Highway designated; Department of Transportation to
2902erect suitable markers.-
2903     (1)  That portion of U.S. Highway 19/98/State Road 55
2904between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
2905170th Street in Dixie County is designated as "U.S. Navy BMC
2906Samuel Calhoun Chavous, Jr. Memorial Highway."
2907     (2)  The Department of Transportation is directed to erect
2908suitable markers designating U.S. Navy BMC Samuel Calhoun
2909Chavous, Jr. Memorial Highway as described in subsection (1).
2910     Section 82.  Marine Lance Corporal Brian R. Buesing
2911Memorial Highway designated; Department of Transportation to
2912erect suitable markers.-
2913     (1)  That portion of State Road 24 between County Road 347
2914and Bridge Number 340053 in Levy County is designated as "Marine
2915Lance Corporal Brian R. Buesing Memorial Highway."
2916     (2)  The Department of Transportation is directed to erect
2917suitable markers designating Marine Lance Corporal Brian R.
2918Buesing Memorial Highway as described in subsection (1).
2919     Section 83.  United States Army Sergeant Karl A. Campbell
2920Memorial Highway designated; Department of Transportation to
2921erect suitable markers.-
2922     (1)  That portion of U.S. Highway 19/98/State Road 55/S.
2923Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
2924County is designated as "United States Army Sergeant Karl A.
2925Campbell Memorial Highway."
2926     (2)  The Department of Transportation is directed to erect
2927suitable markers designating United States Army Sergeant Karl A.
2928Campbell Memorial Highway as described in subsection (1).
2929     Section 84.  U.S. Army SPC James A. Page Memorial Highway
2930designated; Department of Transportation to erect suitable
2931markers.-
2932     (1)  That portion of U.S. Highway 27A/State Road
2933500/Hathaway Avenue between State Road 24/Thrasher Drive and
2934Town Court in Levy County is designated as "U.S. Army SPC James
2935A. Page Memorial Highway."
2936     (2)  The Department of Transportation is directed to erect
2937suitable markers designating U.S. Army SPC James A. Page
2938Memorial Highway as described in subsection (1).
2939     Section 85.  Veterans Memorial Highway designated;
2940Department of Transportation to erect suitable markers.-
2941     (1)  That portion of State Road 19 between U.S. Highway
294217/State Road 15 and Carriage Drive in the City of Palatka in
2943Putnam County is designated as "Veterans Memorial Highway."
2944     (2)  The Department of Transportation is directed to erect
2945suitable markers designating Veterans Memorial Highway as
2946described in subsection (1).
2947     Section 86.  Ben G. Watts Highway designated; Department of
2948Transportation to erect suitable markers.-
2949     (1)  That portion of U.S. Highway 90/State Road 10 between
2950the Holmes County line and the Jackson County line in Washington
2951County is designated as "Ben G. Watts Highway."
2952     (2)  The Department of Transportation is directed to erect
2953suitable markers designating Ben G. Watts Highway as described
2954in subsection (1).
2955     Section 87.  Mardi Gras Way designated; Department of
2956Transportation to erect suitable markers.-
2957     (1)  That portion of State Road 824 between Interstate 95
2958and U.S. Highway 1 in Broward County is designated as "Mardi
2959Gras Way."
2960     (2)  The Department of Transportation is directed to erect
2961suitable markers designating Mardi Gras Way as described in
2962subsection (1).
2963     Section 88.  West Park Boulevard designated; Department of
2964Transportation to erect suitable markers.-
2965     (1)  That portion of State Road 7 between Pembroke Road and
2966County Line Road in Broward County is designated as "West Park
2967Boulevard."
2968     (2)  The Department of Transportation is directed to erect
2969suitable markers designating West Park Boulevard as described in
2970subsection (1).
2971     Section 89.  Pembroke Park Boulevard designated; Department
2972of Transportation to erect suitable markers.-
2973     (1)  That portion of State Road 858/Hallandale Beach
2974Boulevard between Interstate 95 and U.S. Highway 441/State Road
29757 in Broward County is designated as "Pembroke Park Boulevard."
2976     (2)  The Department of Transportation is directed to erect
2977suitable markers designating Pembroke Park Boulevard as
2978described in subsection (1).
2979     Section 90.  Stark Memorial Drive designated; Department of
2980Transportation to erect suitable markers.-
2981     (1)  That portion of State Road 101/Mayport Road between
2982State Road A1A and Wonderwood Connector in Duval County is
2983designated as "Stark Memorial Drive."
2984     (2)  The Department of Transportation is directed to erect
2985suitable markers designating Stark Memorial Drive as described
2986in subsection (1).
2987     Section 91.  Duval County Law Enforcement Memorial Overpass
2988designated; Department of Transportation to erect suitable
2989markers.-
2990     (1)  The Interstate 295/State Road 9A overpass (Bridge
2991Numbers 720256 and 720347) over Interstate 10/State Road 8 in
2992Duval County is designated as "Duval County Law Enforcement
2993Memorial Overpass."
2994     (2)  The Department of Transportation is directed to erect
2995suitable markers designating Duval County Law Enforcement
2996Memorial Overpass as described in subsection (1).
2997     Section 92.  Verna Bell Way designated; Department of
2998Transportation to erect suitable markers.-
2999     (1)  That portion of State Road 200 between Lime Street and
3000Beech Street in the City of Fernandina Beach in Nassau County is
3001designated as "Verna Bell Way."
3002     (2)  The Department of Transportation is directed to erect
3003suitable markers designating Verna Bell Way as described in
3004subsection (1).
3005     Section 93.  Deputy Hal P. Croft and Deputy Ronald Jackson
3006Memorial Highway designated; Department of Transportation to
3007erect suitable markers.-
3008     (1)  That portion of State Road 100 East in Union County
3009between the Bradford County line and the Columbia County line is
3010designated as "Deputy Hal P. Croft and Deputy Ronald Jackson
3011Memorial Highway."
3012     (2)  The Department of Transportation is directed to erect
3013suitable markers designating Deputy Hal P. Croft and Deputy
3014Ronald Jackson Memorial Highway as described in subsection (1).
3015     Section 94.  Dr. Oscar Elias Biscet Boulevard designated;
3016Department of Transportation to erect suitable markers.-
3017     (1)  That portion of Coral Way between S.W. 32nd Avenue and
3018S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
3019Oscar Elias Biscet Boulevard."
3020     (2)  The Department of Transportation is directed to erect
3021suitable markers designating Dr. Oscar Elias Biscet Boulevard as
3022described in subsection (1).
3023     Section 95.  Hugh Anderson Boulevard designated; Department
3024of Transportation to erect suitable markers.-
3025     (1)  That portion of Biscayne Boulevard between N.E. 88th
3026Street and N.E. 105th Street in Miami Shores Village in Miami-
3027Dade County is designated as "Hugh Anderson Boulevard."
3028     (2)  The Department of Transportation is directed to erect
3029suitable markers designating Hugh Anderson Boulevard as
3030described in subsection (1).
3031     Section 96.  Palmetto General Hospital Way designated;
3032Department of Transportation to erect suitable markers.-
3033     (1)  That portion of West 20th Avenue between West 68th
3034Street and West 73rd Street in Miami-Dade County is designated
3035as "Palmetto General Hospital Way."
3036     (2)  The Department of Transportation is directed to erect
3037suitable markers designating Palmetto General Hospital Way as
3038described in subsection (1).
3039     Section 97.  Senator Javier D. Souto Way designated;
3040Department of Transportation to erect suitable markers.-
3041     (1)  That portion of State Road 976/Bird Road between S.W.
304287th Avenue and the Palmetto Expressway Ramp in Miami-Dade
3043County is designated as "Senator Javier D. Souto Way."
3044     (2)  The Department of Transportation is directed to erect
3045suitable markers designating Senator Javier D. Souto Way as
3046described subsection (1).
3047     Section 98.  Reverend Max Salvadore Avenue designated;
3048Department of Transportation to erect suitable markers.-
3049     (1)  That portion of S.W. 27th Avenue between S.W. 8th
3050Street and S.W. 13th Street in the City of Miami in Miami-Dade
3051County is designated as "Reverend Max Salvadore Avenue."
3052     (2)  The Department of Transportation is directed to erect
3053suitable markers designating Reverend Max Salvadore Avenue as
3054described in subsection (1).
3055     Section 99.  BRIGADA 2506 STREET, Carlos Rodriguez Santana
3056designated; Department of Transportation to erect suitable
3057markers.-
3058     (1)  That portion of S.W. 8th Street between S.W. 10th
3059Avenue and S.W. 12th Avenue in the City of Miami in Miami-Dade
3060County is designated as "BRIGADA 2506 STREET, Carlos Rodriguez
3061Santana."
3062     (2)  The Department of Transportation is directed to erect
3063suitable markers designating BRIGADA 2506 STREET, Carlos
3064Rodriguez Santana as described in subsection (1).
3065     Section 100.  Rev. Jorge Comesanas Way designated;
3066Department of Transportation to erect suitable markers.-
3067     (1)  That portion of S.W. 87th Avenue between S.W. 8th
3068Street and S.W. 24th Street in Miami-Dade County is designated
3069as "Rev. Jorge Comesanas Way."
3070     (2)  The Department of Transportation is directed to erect
3071suitable markers designating Rev. Jorge Comesanas Way as
3072described in subsection (1).
3073     Section 101.  Amadeo Lopez-Castro, Jr. Road designated;
3074Department of Transportation to erect suitable markers.-
3075     (1)  That portion of S.W. 57th Avenue/Red Road between S.W.
30768th Street and S.W. 88th Street/Kendall Drive in Miami-Dade
3077County is designated as "Amadeo Lopez-Castro, Jr. Road."
3078     (2)  The Department of Transportation is directed to erect
3079suitable markers designating Amadeo Lopez-Castro, Jr. Road as
3080described in subsection (1).
3081     Section 102.  Benjamin Leon, Jr. Way designated; Department
3082of Transportation to erect suitable markers.-
3083     (1)  That portion of 27th Avenue located in Miami-Dade
3084County is designated as "Benjamin Leon, Jr. Way."
3085     (2)  The Department of Transportation is directed to erect
3086suitable markers designating Benjamin Leon, Jr. Way as described
3087in subsection (1).
3088     Section 103.  Miami Medical Team Way designated; Department
3089of Transportation to erect suitable markers.-
3090     (1)  That portion of Coral Way/S.W. 22nd Street between
309124th Avenue and 27th Avenue in Miami-Dade County is designated
3092as "Miami Medical Team Way."
3093     (2)  The Department of Transportation is directed to erect
3094suitable markers designating Miami Medical Team Way as described
3095in subsection (1).
3096     Section 104.  Alma Lee Loy Bridge designated; Department of
3097Transportation to erect suitable markers.-
3098     (1)  Bridge Number 880077 on State Road 656 between State
3099Road A1A and Indian River Boulevard in the City of Vero Beach in
3100Indian River County is designated as "Alma Lee Loy Bridge."
3101     (2)  The Department of Transportation is directed to erect
3102suitable markers designating Alma Lee Loy Bridge as described
3103subsection (1).
3104     Section 105.  Samuel B. Love Memorial Highway designated;
3105Department of Transportation to erect suitable markers.-
3106     (1)  That portion of Sunset Harbor Road between S.E. 105th
3107Avenue and S.E. 115th Avenue in Marion County is designated as
3108"Samuel B. Love Memorial Highway."
3109     (2)  The Department of Transportation is directed to erect
3110suitable markers designating Samuel B. Love Memorial Highway as
3111described in subsection (1).
3112     Section 106.  Elvin Martinez Road designated; Department of
3113Transportation to erect suitable markers.-
3114     (1)  That portion of Tampa Bay Boulevard between Armenia
3115Avenue and Himes Avenue in Hillsborough County is designated as
3116"Elvin Martinez Road."
3117     (2)  The Department of Transportation is directed to erect
3118suitable markers designating Elvin Martinez Road as described in
3119subsection (1).
3120     Section 107.  Whale Harbor Joe Roth, Jr. Bridge designated;
3121Department of Transportation to erect suitable markers.-
3122     (1)  Whale Harbor Bridge (Bridge Number 900076) on U.S.
3123Highway 1/State Road 5 in Monroe County is designated as "Whale
3124Harbor Joe Roth Jr. Bridge."
3125     (2)  The Department of Transportation is directed to erect
3126suitable markers designating Whale Harbor Joe Roth Jr. Bridge as
3127described in subsection (1).
3128     Section 108.  Florida Highway Patrol Trooper Sgt. Nicholas
3129G. Sottile Memorial designated; Department of Transportation to
3130erect suitable markers.-
3131     (1)  Milepost 22.182 on U.S. Highway 27 in Highlands County
3132is designated as "Florida Highway Patrol Trooper Sgt. Nicholas
3133G. Sottile Memorial."
3134     (2)  The Department of Transportation is directed to erect
3135suitable markers designating Florida Highway Patrol Trooper Sgt.
3136Nicholas G. Sottile Memorial as described subsection (1).
3137     Section 109.  Coach Jimmy Carnes Boulevard designated;
3138Department of Transportation to erect suitable markers.-
3139     (1)  That portion of S.W. 23rd Street, in front of James G.
3140Pressly Stadium, and 4211 S.W. 23rd Street, located between S.W.
31412nd Avenue and Fraternity Row/Drive in Alachua County, is
3142designated as "Coach Jimmy Carnes Boulevard."
3143     (2)  The Department of Transportation is directed to erect
3144suitable markers designating Coach Jimmy Carnes Boulevard as
3145described in subsection (1).
3146     Section 110.  Section 24 of chapter 2010-230, Laws of
3147Florida, is amended to read:
3148     Section 24.  Miss Lillie Williams Boulevard designated;
3149Department of Transportation to erect suitable markers.-
3150     (1)  That portion of N.W. 79th Street between N.W. 6th
3151Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
3152designated as "Miss Lillie Williams Boulevard."
3153     (2)  The Department of Transportation is directed to erect
3154suitable markers designating Miss Lillie Williams Boulevard as
3155described in subsection (1).
3156     Section 111.  Section 45 of chapter 2010-230, Laws of
3157Florida, is amended to read:
3158     Section 45.  Father Gerard Jean-Juste Street designated;
3159Department of Transportation to erect suitable markers.-
3160     (1)  That portion of N.W. 54th Street in Miami-Dade County
3161between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
3162is designated "Father Gerard Jean-Juste Street."
3163     (2)  The Department of Transportation is directed to erect
3164suitable markers designating Father Gerard Jean-Juste Street as
3165described in subsection (1).
3166     Section 112.  Tanya Martin Oubre Pekel Street designated;
3167Department of Transportation to erect suitable markers.-
3168     (1)  That portion of State Road 932/N.E. 103rd Street
3169between N.W. 3rd Avenue and N.E. 6th Avenue in Miami-Dade County
3170is designated as "Tanya Martin Oubre Pekel Street."
3171     (2)  The Department of Transportation is directed to erect
3172suitable markers designating Tanya Martin Oubre Pekel Street as
3173described in subsection (1).
3174     Section 113.  Deputy Jack A. Romeis Road designated;
3175Department of Transportation to erect suitable markers.-
3176     (1)  That portion of State Road 26A in Gainesville, Alachua
3177County, between West University Avenue and S.W. 25th Street, is
3178designated "Deputy Jack A. Romeis Road."
3179     (2)  The Department of Transportation is directed to erect
3180suitable markers designating Deputy Jack A. Romeis Road as
3181described in subsection (1).
3182     Section 114.  Nona and Papa Road designated; Department of
3183Transportation to erect suitable markers.-
3184     (1)  That portion of the San Juan Road Extension in
3185Anastasia State Park in St. Johns County is designated as "Nona
3186and Papa Road."
3187     (2)  The Department of Transportation is directed to erect
3188suitable markers designating Nona and Papa Road as described
3189subsection (1).
3190     Section 115.  Walter Francis Spence Parkway designated;
3191Department of Transportation to erect suitable markers.-
3192     (1)  That portion of State Road 293 from U.S. Highway
319398/State Road 30 to State Road 20 in Okaloosa County is
3194designated as "Walter Francis Spence Parkway."
3195     (2)  The Department of Transportation is directed to erect
3196suitable markers designating Walter Francis Spence Parkway as
3197described subsection (1).
3198     Section 116.  Florida's Beaches and Rivers Parkway
3199designated; Department of Transportation to erect suitable
3200markers.-
3201     (1)  That portion of State Route 87 from its intersection
3202with U.S. Highway 98 northward to its intersection with U.S.
3203Highway 90 in Santa Rosa County is designated "Florida's Beaches
3204and Rivers Parkway."
3205     (2)  The Department of Transportation is directed to erect
3206suitable markers designating Florida's Beaches and Rivers
3207Parkway as described subsection (1).
3208     Section 117.  Corporal Michael J. Roberts Parkway
3209designated; Department of Transportation to erect suitable
3210markers.-
3211     (1)  That portion of U.S. 41/State Road 45/Nebraska Avenue
3212from County Road 584/Waters Avenue to State Road 580/Busch
3213Boulevard is designated as "Corporal Michael J. Roberts
3214Parkway."
3215     (2)  The Department of Transportation is directed to erect
3216suitable markers designating Corporal Michael J. Roberts as
3217described subsection (1).
3218     Section 118.  Harry T. and Harriette V. Moore Memorial
3219Highway designated; Department of Transportation to erect
3220suitable markers.-
3221     (1)  That portion of State Road 46 in Brevard County from
3222U.S. Highway 1 to the Volusia County line is designated as
3223"Harry T. and Harriette V. Moore Memorial Highway."
3224     (2)  The Department of Transportation is directed to erect
3225suitable markers designating Harry T. and Harriette V. Moore
3226Memorial Highway as described in subsection (1).
3227     Section 119.  Elizabeth G. Means Memorial Boulevard
3228designated; Department of Transportation to erect suitable
3229markers.-
3230     (1)  That portion of Beaver Street in Duval County between
3231Laura Street and Rushing Street is designated as "Elizabeth G.
3232Means Memorial Boulevard."
3233     (2)  The Department of Transportation is directed to erect
3234suitable markers designating Elizabeth G. Means Memorial
3235Boulevard as described in subsection (1).
3236     Section 120.  Louise Steward Memorial Boulevard designated;
3237Department of Transportation to erect suitable markers.-
3238     (1)  That portion of U.S. Highway 1 Alternate/SR 115/SR
3239115A/Haines Street Expressway in Duval County between 8th Street
3240and Duval Street is designated as "Louise Steward Memorial
3241Boulevard."
3242     (2)  The Department of Transportation is directed to erect
3243suitable markers designating Louise Steward Memorial Boulevard
3244as described in subsection (1).
3245     Section 121.  Isiah J. Williams, III, Memorial Boulevard
3246designated; Department of Transportation to erect suitable
3247markers.-
3248     (1)  That portion of Edgewood Avenue in Duval County
3249between Commonwealth Avenue and Beaver Street is designated as
3250"Isiah J. Williams, III, Memorial Boulevard."
3251     (2)  The Department of Transportation is directed to erect
3252suitable markers designating Isiah J. Williams, III, Memorial
3253Boulevard as described in subsection (1).
3254     Section 122.  (1)  This section may be cited as the "To
3255Inform Families First Act."
3256     (2)  The Department of Highway Safety and Motor Vehicles is
3257encouraged to educate the law enforcement community and the
3258general public about the importance of making certain that
3259drivers are aware of and use the Emergency Contact Information
3260program, established by the department. The department shall
3261provide signs for the driver license offices to advertise the
3262program. This voluntary program allows each driver the
3263opportunity to register the names of up to two individuals as
3264the person he or she would want to be contacted if he or she is
3265involved in a crash.
3266     Section 123.  The Department of Highway Safety and Motor
3267Vehicles shall study the feasibility of creating an electronic
3268verification system for use by the private sector to determine
3269if a driver's license or identification card is authentic. The
3270study must consider the use of symmetric key algorithms,
3271security tokens, mediametrics, biometrics, or any other
3272technology that is cost effective. The department shall report
3273the results of the study to the President of the Senate and the
3274Speaker of the House of Representatives by November 1, 2011.
3275     Section 124.  Subsection (1) of section 316.066, Florida
3276Statutes, is amended to read:
3277     316.066  Written reports of crashes.-
3278     (1)(a)  A Florida Traffic Crash Report, Long Form, must is
3279required to be completed and submitted to the department within
328010 days after completing an investigation is completed by the
3281every law enforcement officer who in the regular course of duty
3282investigates a motor vehicle crash:
3283     1.  That resulted in death of, or personal injury to, or
3284any indication of complaints of pain or discomfort by any of the
3285parties or passengers involved in the crash;
3286     2.  That involved one or more passengers, other than the
3287drivers of the vehicles, in any of the vehicles involved in the
3288crash;.
3289     3.2.  That involved a violation of s. 316.061(1) or s.
3290316.193; or.
3291     4.3.  In which a vehicle was rendered inoperative to a
3292degree that required a wrecker to remove it from traffic, if
3293such action is appropriate, in the officer's discretion.
3294     (b)  The long form must include:
3295     1.  The date, time, and location of the crash.
3296     2.  A description of the vehicles involved.
3297     3.  The names and addresses of the parties involved.
3298     4.  The names and addresses of witnesses.
3299     5.  The name, badge number, and law enforcement agency of
3300the officer investigating the crash.
3301     6.  The names of the insurance companies for the respective
3302parties involved in the crash.
3303     7.  The names and addresses of all passengers in all
3304vehicles involved in the crash, each clearly identified as being
3305a passenger, including the identification of the vehicle in
3306which each was a passenger.
3307     (c)(b)  In every crash for which a Florida Traffic Crash
3308Report, Long Form, is not required by this section, the law
3309enforcement officer may complete a short-form crash report or
3310provide a short-form crash report to be completed by each party
3311involved in the crash. The short-form report must include all of
3312the items listed in subparagraphs (b)1.-6. Short-form crash
3313reports prepared by the law enforcement officer shall be
3314maintained by the officer's agency.:
3315     1.  The date, time, and location of the crash.
3316     2.  A description of the vehicles involved.
3317     3.  The names and addresses of the parties involved.
3318     4.  The names and addresses of witnesses.
3319     5.  The name, badge number, and law enforcement agency of
3320the officer investigating the crash.
3321     6.  The names of the insurance companies for the respective
3322parties involved in the crash.
3323     (d)(c)  Each party to the crash must shall provide the law
3324enforcement officer with proof of insurance, which must to be
3325included in the crash report. If a law enforcement officer
3326submits a report on the accident, proof of insurance must be
3327provided to the officer by each party involved in the crash. Any
3328party who fails to provide the required information commits a
3329noncriminal traffic infraction, punishable as a nonmoving
3330violation as provided in chapter 318, unless the officer
3331determines that due to injuries or other special circumstances
3332such insurance information cannot be provided immediately. If
3333the person provides the law enforcement agency, within 24 hours
3334after the crash, proof of insurance that was valid at the time
3335of the crash, the law enforcement agency may void the citation.
3336     (e)(d)  The driver of a vehicle that was in any manner
3337involved in a crash resulting in damage to any vehicle or other
3338property in an amount of $500 or more, which crash was not
3339investigated by a law enforcement agency, shall, within 10 days
3340after the crash, submit a written report of the crash to the
3341department or traffic records center. The entity receiving the
3342report may require witnesses of the crash crashes to render
3343reports and may require any driver of a vehicle involved in the
3344a crash of which a written report must be made as provided in
3345this section to file supplemental written reports if whenever
3346the original report is deemed insufficient by the receiving
3347entity.
3348     (f)  The investigating law enforcement officer may testify
3349at trial or provide a signed affidavit to confirm or supplement
3350the information included on the long-form or short-form report.
3351     (e)  Short-form crash reports prepared by law enforcement
3352shall be maintained by the law enforcement officer's agency.
3353     Section 125.  Subsections (5), (6), and (7) are added to
3354section 316.0083, Florida Statutes, to read:
3355     316.0083  Mark Wandall Traffic Safety Program;
3356administration; report.-
3357     (5)  Prior to installing a traffic infraction detector, the
3358department, a county, or a municipality must request that the
3359Department of Transportation perform a safety hazard study for
3360the intersection. The department, a county, or a municipality
3361shall be responsible for the cost of the study. A traffic
3362infraction detector may not be installed until the Department of
3363Transportation has performed the study and determined that the
3364intersection warrants a traffic infraction detector.
3365     (6)  A safety hazard study required under this section
3366shall evaluate the safety of an intersection within a 6-month
3367period. A safety hazard exists if, at the end of the study
3368period, the Department of Transportation identifies a
3369statistically disproportionate number of motor vehicle crashes
3370at the intersection, greater than that of similarly situated
3371intersections in the county or municipality.
3372     (7)  Notwithstanding subsection (1), the department, a
3373county, or a municipality may not use a traffic infraction
3374detector to enforce a violation of s. 316.075(1)(c)1. when a
3375driver is making a right turn or when a driver is making a left
3376turn from a one-way street onto a one-way street.
3377     Section 126.  Except as otherwise expressly provided in
3378this act, this act shall take effect July 1, 2011.
3379
3380
3381
-----------------------------------------------------
3382
T I T L E  A M E N D M E N T
3383     Remove the entire title and insert:
3384
A bill to be entitled
3385An act relating to highway safety and motor vehicles; amending
3386s. 20.24, F.S.; specifying that the executive director of the
3387Department of Highway Safety and Motor Vehicles serves at the
3388pleasure of the Governor and Cabinet; creating a Division of
3389Motorist Services within the department; eliminating the
3390Division of Driver Licenses and the Division of Motor Vehicles;
3391amending ss. 261.03 and 288.816, F.S., relating to off-highway
3392vehicle safety and recreation and Consul Corps license plates,
3393respectively; conforming references; amending s. 311.121, F.S.,
3394relating to membership of the Seaport Security Officer
3395Qualification, Training, and Standards Coordinating Council;
3396conforming provisions to changes made by the act; amending s.
3397316.003, F.S.; revising definitions and defining the term "swamp
3398buggy" for purposes of the Florida Uniform Traffic Control Law;
3399reenacting s. 316.065(4), F.S., relating to crash reports, to
3400incorporate changes made to s. 316.066, F.S., by chapter 2010-
3401163, Laws of Florida; amending s. 316.1303, F.S.; authorizing a
3402person with impaired mobility using a motorized wheelchair or
3403scooter to temporarily leave the sidewalk and use the roadway
3404under certain circumstances; amending s. 316.1957, F.S.,
3405relating to parking violations; conforming a reference; amending
3406s. 316.2065, F.S.; revising safety standard requirements for
3407bicycle helmets that must be worn by certain riders and
3408passengers; revising requirements for a bicycle operator to ride
3409in a bicycle lane or along the curb or edge of the roadway;
3410providing for enforcement of requirements for bicycle lighting
3411equipment; providing penalties for violations; providing for
3412dismissal of the charge following a first offense under certain
3413circumstances; amending s. 316.2085, F.S.; requiring the license
3414tag of a motorcycle or moped to remain clearly visible from the
3415rear; prohibiting deliberate acts to conceal or obscure the tag;
3416providing for certain tags to be affixed perpendicularly;
3417amending ss. 316.2122, 316.2124, 316.21265, 316.3026, and
3418316.550, F.S., relating to low-speed vehicles, disability access
3419vehicles, all-terrain and utility vehicles, motor carriers, and
3420special permits, respectively; conforming cross-references;
3421amending s. 316.545, F.S.; providing for the regulation of
3422apportionable vehicles; amending s. 316.613, F.S.; providing an
3423exception for certain for-hire passenger vehicles from
3424provisions requiring the use of child restraint devices in motor
3425vehicles; amending s. 317.0003, F.S., relating to off-highway
3426vehicles; conforming a cross-reference; amending s. 317.0016,
3427F.S.; eliminating a requirement that the department provide
3428expedited service for certificates of repossession; amending s.
3429318.14, F.S.; clarifying provisions authorizing a person cited
3430for a noncriminal traffic infraction to elect to attend a driver
3431improvement course or enter a plea of nolo contendere; amending
3432s. 318.1451, F.S.; requiring the curricula of driver improvement
3433schools to include instruction on the dangers of driving while
3434distracted; amending s. 318.15, F.S., relating to the suspension
3435of driving privileges; conforming a reference; providing that a
3436person charged with a traffic infraction may request a hearing
3437that the clerk must set; providing criteria; amending s. 319.14,
3438F.S.; prohibiting a person from knowingly offering for sale,
3439selling, or exchanging certain vehicles unless the department
3440has stamped in a conspicuous place on the certificate of title
3441words stating that the vehicle is a custom vehicle or street rod
3442vehicle; defining the terms "custom vehicle" and "street rod";
3443providing requirements for inspection and issuance of a rebuilt
3444title; amending s. 319.225, F.S.; revising provisions for
3445vehicle certificates of title; revising requirements for the
3446transfer and reassignment forms for vehicles; revising dealer
3447submission requirements; requiring a dealer selling a vehicle
3448out of state to mail a copy of the power of attorney form to the
3449department; providing for the electronic transfer of a vehicle
3450title; amending s. 319.23, F.S.; providing for the application
3451for a certificate of title, corrected certificate, or assignment
3452or reassignment to be filed from the consummation of the sale of
3453a mobile home; authorizing the department to accept a bond if
3454the applicant for a certificate of title is unable to provide a
3455title that assigns the prior owner's interest in the motor
3456vehicle; providing requirements for the bond and the affidavit;
3457providing for future expiration of the bond; amending s. 319.28,
3458F.S.; eliminating certain requirements that a lienholder obtain
3459a certificate of repossession following repossession of a
3460vehicle or mobile home; providing that a dealer of certain farm
3461or industrial equipment is not subject to licensure as a
3462recovery agent or agency under certain conditions; amending s.
3463319.323, F.S., relating to title offices for expedited service;
3464conforming provisions to changes made by the act; amending s.
3465319.40, F.S.; authorizing the department to issue electronic
3466certificates of title and use electronic mail addresses for
3467purposes of certain notifications; amending s. 320.01, F.S.;
3468revising definitions; excluding special mobile equipment and
3469swamp buggies from the meaning of the term "motor vehicle";
3470deleting an obsolete definition; revising the gross vehicle
3471weight for purposes of defining the terms "apportionable
3472vehicle" and "commercial motor vehicle"; defining the term
3473"swamp buggy"; amending s. 320.02, F.S.; providing that an
3474active-duty military member is exempt from the requirement to
3475provide an address on an application for vehicle registration;
3476requiring the application forms for motor vehicle registration
3477and renewal of registration to include language permitting the
3478applicant to make a voluntary contribution to End Hunger in
3479Florida, Take Stock In Children, Autism Services and Supports,
3480and Support Our Troops; requiring the department to retain
3481certain records for a specified period; amending s. 320.023,
3482F.S.; relating to voluntary contributions; authorizing the
3483department to retain certain proceeds derived from voluntary
3484contributions to cover certain specified costs to the
3485department; amending s. 320.03, F.S., relating to the
3486International Registration Plan; conforming provisions to
3487changes made by the act; amending s. 320.05, F.S.; deleting a
3488provision requiring that the department provide a procedures
3489manual for a fee; clarifying that the creation and maintenance
3490of records by the Division of Motorist Services is not a law
3491enforcement function of agency recordkeeping; amending s.
3492320.06, F.S.; authorizing the department to conduct a pilot
3493program to evaluate alternative license plate technologies for
3494use on government-owned motor vehicles; exempting plates in the
3495pilot program from specified license plate design and
3496construction requirements; amending s. 320.061, F.S.; providing
3497that it is a noncriminal traffic infraction to alter a temporary
3498license plate; amending s. 320.071, F.S.; providing for the
3499renewal of registration for an apportionable vehicle that is
3500registered under the International Registration Plan; amending
3501s. 320.0715, F.S.; clarifying provisions requiring the
3502registration of apportionable vehicles under the International
3503Registration Plan; amending s. 320.08, F.S., relating to license
3504taxes; conforming cross-references; amending s. 320.08056, F.S.,
3505relating to specialty license plates; providing a fee for Go
3506Green license plates; revising procedures to change the name of
3507a recipient of the fees collected; amending s. 320.08058, F.S.;
3508providing for a Go Green License plate; providing for
3509distribution of fees collected; changing the recipient of the
3510proceeds for the Live the Dream license plates to the Florida
3511Dream Foundation, Inc.; providing that proceeds from the sale of
3512Support Soccer license plates shall be distributed to the
3513Florida Soccer Foundation, Inc.; amending s. 320.08068, F.S.;
3514revising use of funds received from the sale of motorcycle
3515specialty license plates; amending s. 320.0847, F.S., relating
3516to license plates for mini trucks and low-speed vehicles;
3517conforming cross-references; amending s. 320.0848, F.S.;
3518revising the requirements for disabled parking permit renewals;
3519requiring a permitholder to personally appear to obtain a
3520renewal or replacement permit; revising the requirements for the
3521deposit of fee proceeds from temporary disabled parking permits;
3522amending s. 320.089, F.S.; providing for the issuance of a
3523Combat Infantry Badge license plate; providing qualifications
3524and requirements for the plate; providing for the use of
3525proceeds from the sale of the plate; amending s. 320.27, F.S.;
3526exempting salvage motor vehicle dealers from certain security
3527requirements; amending s. 320.275, F.S., relating to the
3528Automobile Dealers Industry Advisory Board; conforming
3529provisions to the elimination of the Division of Motor Vehicles
3530within the department; amending s. 320.771, F.S.; providing
3531criteria for a dealer to apply for a certificate of title to a
3532recreational vehicle under certain circumstances; amending s.
3533320.95, F.S.; authorizing the department to use electronic mail
3534addresses for the purpose of providing license renewal notices;
3535amending s. 321.02, F.S.; designating the director of the
3536Division of Highway Patrol of the department as the Colonel of
3537the Florida Highway Patrol; amending s. 322.02, F.S.; providing
3538for a director of the Division of Motorist Services; amending s.
3539322.04, F.S.; revising provisions exempting a nonresident from
3540the requirement to obtain a driver's license under certain
3541circumstances; amending s. 322.051, F.S.; revising requirements
3542by which an applicant for an identification card may prove
3543nonimmigrant classification; clarifying the validity of an
3544identification card based on specified documents; amending s.
3545322.058, F.S., relating to renewal of motor vehicle
3546registration; conforming a cross-reference; amending s. 322.065,
3547F.S.; revising the period of expiration that constitutes the
3548offense of driving with an expired driver's license; amending s.
3549322.07, F.S.; revising qualifications for obtaining a temporary
3550commercial instruction permit; amending s. 322.08, F.S.;
3551revising requirements by which an applicant for a driver's
3552license may prove nonimmigrant classification; clarifying the
3553validity of a license based on specified documents; providing
3554for driver's license application forms to allow the applicant to
3555make a voluntary contribution to Autism Services and Supports
3556and Support Our Troops, Inc.; authorizing the department to use
3557electronic mail addresses for the purposes of providing license
3558renewal notices; amending s. 322.081, F.S., relating to requests
3559to establish voluntary contributions; authorizing the department
3560to retain certain proceeds derived from the voluntary
3561contributions made on driver's license applications to cover
3562certain specified costs to the department; amending s. 322.095,
3563F.S.; requiring the curricula of traffic law and substance abuse
3564education courses to include instruction on the dangers of
3565driving while distracted; amending s. 322.12, F.S.; deleting
3566provisions requiring a separate examination for applicants for a
3567license to operate a motorcycle; requiring that the motorcycle
3568safety course for a first-time applicant include a final
3569examination; requiring that completion of the course be
3570indicated on the license; amending s. 322.121, F.S.; clarifying
3571provisions authorizing the automatic extension of a license for
3572members of the Armed Forces or their dependents while serving on
3573active duty outside the state; amending s. 322.14, F.S.;
3574deleting a requirement that applicants for specified licenses
3575appear in person for issuance of a color photographic or digital
3576imaged driver's license; creating s. 322.1415, F.S.; authorizing
3577the Department of Highway Safety and Motor Vehicles to issue a
3578specialty driver's license or identification card to qualified
3579applicants; specifying that, at a minimum, the specialty
3580driver's licenses and identification cards must be available for
3581certain state and independent universities and professional
3582sports teams and all of the branches of the United States
3583military; requiring that the design of each specialty driver's
3584license and identification card be approved by the department;
3585providing for future repeal; amending s. 322.19, F.S.; providing
3586that certain persons with a valid student identification card
3587are presumed not to have changed their legal residence or
3588mailing address; amending s. 322.20, F.S., relating to
3589department records; conforming provisions to changes made by the
3590act; amending s. 322.202, F.S.; clarifying that the Division of
3591Motorist Services is not a law enforcement agency; amending s.
3592322.21, F.S., relating to handling and collecting license fees;
3593providing for the distribution of funds collected from the
3594specialty driver's license and identification card fees;
3595conforming provisions to changes made by the act; authorizing a
3596driver to renew his or her driver's license during a specified
3597period before the license expiration date; amending s. 322.22,
3598F.S.; clarifying provisions authorizing the department to cancel
3599a driver's license; authorizing the department to cancel a
3600license upon determining that the licensee is not entitled to
3601the license; amending s. 322.2615, F.S., relating to a person's
3602right to review of a license suspension; revising provisions for
3603a formal review hearing and enforcement of a subpoena; amending
3604s. 322.34, F.S.; providing that a person who commits a certain
3605infraction shall not have a vehicle impounded or immobilized;
3606amending s. 322.53, F.S.; revising provisions exempting certain
3607farmers and drivers who operate straight trucks from the
3608requirement to obtain a commercial driver's license; amending s.
3609322.54, F.S.; requiring that the driver's license classification
3610be determined by the actual weight of the vehicle under certain
3611circumstances; repealing s. 322.58, F.S., relating to holders of
3612chauffeur's licenses; amending s. 322.59, F.S.; requiring that
3613the department disqualify a driver holding a commercial driver's
3614license who fails to comply with specified federal certification
3615requirements; amending s. 322.61, F.S.; providing that the
3616holder of a commercial driver's license is permanently
3617disqualified from operating a commercial motor vehicle following
3618two violations of specified offenses committed while operating
3619any vehicle; amending s. 322.64, F.S.; providing that a notice
3620of disqualification from operating a commercial motor vehicle
3621acts as a conviction for purposes of certain federal
3622restrictions imposed for the offense of operating a commercial
3623motor vehicle while under the influence of alcohol; deleting
3624provisions authorizing the department to impose certain
3625alternative restrictions for such offense; amending s. 328.30,
3626F.S.; authorizing the department to issue electronic
3627certificates of title for vessels and use electronic mail
3628addresses for purposes of providing renewal notices; amending s.
3629413.012, F.S., relating to a prohibition on disclosing
3630confidential records held by the department; conforming
3631provisions to changes made by the act; amending s. 713.78, F.S.,
3632relating to renewal of motor vehicle registration; conforming a
3633cross-reference; designating Edna S. Hargrett-Thrower Avenue in
3634Orange County; designating SP4 Thomas Berry Corbin Memorial
3635Highway and U.S. Navy BMC Samuel Calhoun Chavous, Jr. Memorial
3636Highway in Dixie County; designating Marine Lance Corporal Brian
3637R. Buesing Memorial Highway, United States Army Sergeant Karl A.
3638Campbell Memorial Highway, and U.S. Army SPC James A. Page
3639Memorial Highway in Levy County; designating Veterans Memorial
3640Highway in Putnam County; designating Ben G. Watts Highway in
3641Washington County; designating Mardi Gras Way, West Park
3642Boulevard, and Pembroke Park Boulevard in Broward County;
3643designating Stark Memorial Drive and Duval County Law
3644Enforcement Memorial Overpass in Duval County; designating Verna
3645Bell Way in Nassau County; designating Deputy Hal P. Croft and
3646Deputy Ronald Jackson Memorial Highway in Union County;
3647designating Dr. Oscar Elias Biscet Boulevard, Hugh Anderson
3648Boulevard, Palmetto General Hospital Way, Senator Javier D.
3649Souto Way, Reverend Max Salvadore Avenue, BRIGADA 2506 STREET,
3650Carlos Rodriguez Santana, Rev. Jorge Comesanas Way, Amadeo
3651Lopez-Castro, Jr. Road, Benjamin Leon, Jr. Way, and Miami
3652Medical Team Way in Miami-Dade County; designating Alma Lee Loy
3653Bridge in Indian River County; designating Samuel B. Love
3654Memorial Highway in Marion County; designating Elvin Martinez
3655Road in Hillsborough County; designating Whale Harbor Joe Roth,
3656Jr. Bridge in Monroe County; designating Florida Highway Patrol
3657Trooper Sgt. Nicholas G. Sottile Memorial in Highlands County;
3658designating Coach Jimmy Carnes Boulevard in Alachua County;
3659amending ss. 24 and 45, ch. 2010-230, Laws of Florida; revising
3660the designation for Miss Lillie Williams Boulevard and Father
3661Gerard Jean-Juste Street in Miami-Dade County; designating Tanya
3662Martin Oubre Pekel Street in Miami-Dade County; designating
3663Deputy Jack A. Romeis Road in Alachua County; designating Nona
3664and Papa Road in St. Johns County; designating Walter Francis
3665Spence Parkway in Okaloosa County; designating Florida's Beaches
3666and Rivers Parkway in Santa Rosa County; designating Corporal
3667Michael J. Roberts Parkway in Hillsborough County; designating
3668Harry T. and Harriette V. Moore Memorial Highway in Brevard
3669County; designating Elizabeth G. Means Memorial Boulevard,
3670Louise Steward Memorial Boulevard, and Isiah J. Williams, III,
3671Memorial Boulevard in Duval County; directing the Department of
3672Transportation to erect suitable markers; providing a short
3673title; providing for a voluntary emergency contact information
3674program established by the department; directing the department
3675to study the feasibility of creating an electronic verification
3676system and to make a report to the Legislature; amending s.
3677316.066, F.S.; revising provisions requiring written reports of
3678motor vehicle crashes; revising conditions under which a report
3679must be submitted to the department; authorizing the
3680investigating officer to testify at trial or provide an
3681affidavit concerning the content of the reports; amending s.
3682316.0083, F.S.; requiring the Department of Highway Safety and
3683Motor Vehicles, a municipality, or a county to request that the
3684Department of Transportation perform a safety hazard study
3685before installing a traffic infraction detector; specifying
3686which entity is responsible for the cost of the study; providing
3687that a traffic infraction detector may not be installed unless
3688it is determined to be warranted; providing requirements for the
3689safety hazard study; providing that traffic infraction detectors
3690may not be used to issue certain violations; providing effective
3691dates.


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