Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1150
Barcode 771780
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/17/2011 .
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The Committee on Transportation (Latvala) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 2279 and 2280
4 insert:
5 Section 62. Subsection (3) of section 316.2085, Florida
6 Statutes, is amended to read:
7 316.2085 Riding on motorcycles or mopeds.—
8 (3) The license tag of a motorcycle or moped must be
9 permanently affixed to the vehicle and may not be adjusted or
10 capable of being flipped up, inverted, reversed, or in any other
11 way rendered to make the letters of the tag illegible from the
12 rear while the vehicle is being operated. No device for or
13 method of concealing Concealing or obscuring the legibility of
14 the license tag of a motorcycle is prohibited shall be installed
15 or used. The license tag of a motorcycle or moped may be affixed
16 horizontally or vertically to the ground so that the numbers and
17 letters read from left to right or from top to bottom.
18 Alternatively, a license tag for a motorcycle or moped for which
19 the numbers and letters read from top to bottom may be affixed
20 perpendicularly to the ground, provided that the registered
21 owner of the motorcycle or moped maintains a prepaid toll
22 account in good standing and a transponder associated with the
23 prepaid toll account is affixed to the motorcycle or moped.
24 Section 63. Subsection (6) of section 319.23, Florida
25 Statutes, is amended to read
26 319.23 Application for, and issuance of, certificate of
27 title.—
28 (6)(a) In the case of the sale of a motor vehicle or mobile
29 home by a licensed dealer to a general purchaser, the
30 certificate of title must be obtained in the name of the
31 purchaser by the dealer upon application signed by the
32 purchaser, and in each other case such certificate must be
33 obtained by the purchaser. In each case of transfer of a motor
34 vehicle or mobile home, the application for a certificate of
35 title, a corrected certificate, or an assignment or reassignment
36 must be filed within 30 days after the delivery of the motor
37 vehicle or from consummation of the sale of a mobile home to the
38 purchaser. An applicant must pay a fee of $20, in addition to
39 all other fees and penalties required by law, for failing to
40 file such application within the specified time. In the case of
41 the sale of a motor vehicle by a licensed motor vehicle dealer
42 to a general purchaser who resides in another state or country,
43 the dealer is not required to apply for a certificate of title
44 for the motor vehicle; however, the dealer must transfer
45 ownership and reassign the certificate of title or
46 manufacturer’s certificate of origin to the purchaser, and the
47 purchaser must sign an affidavit, as approved by the department,
48 that the purchaser will title and register the motor vehicle in
49 another state or country.
50 (b) If a licensed dealer acquires a motor vehicle or mobile
51 home as a trade-in, the dealer must file with the department,
52 within 30 days, a notice of sale signed by the seller. The
53 department shall update its database for that title record to
54 indicate “sold.” A licensed dealer need not apply for a
55 certificate of title for any motor vehicle or mobile home in
56 stock acquired for stock purposes except as provided in s.
57 319.225.
58 Section 64. Subsection (1) of section 320.01, Florida
59 Statutes, is amended to read:
60 320.01 Definitions, general.—As used in the Florida
61 Statutes, except as otherwise provided, the term:
62 (1) “Motor vehicle” means:
63 (a) An automobile, motorcycle, truck, trailer, semitrailer,
64 truck tractor and semitrailer combination, or any other vehicle
65 operated on the roads of this state, used to transport persons
66 or property, and propelled by power other than muscular power,
67 but the term does not include traction engines, road rollers,
68 special mobile equipment as defined in chapter 316, such
69 vehicles as run only upon a track, bicycles, or mopeds.
70 (b) A recreational vehicle-type unit primarily designed as
71 temporary living quarters for recreational, camping, or travel
72 use, which either has its own motive power or is mounted on or
73 drawn by another vehicle. Recreational vehicle-type units, when
74 traveling on the public roadways of this state, must comply with
75 the length and width provisions of s. 316.515, as that section
76 may hereafter be amended. As defined below, the basic entities
77 are:
78 1. The “travel trailer,” which is a vehicular portable
79 unit, mounted on wheels, of such a size or weight as not to
80 require special highway movement permits when drawn by a
81 motorized vehicle. It is primarily designed and constructed to
82 provide temporary living quarters for recreational, camping, or
83 travel use. It has a body width of no more than 8 1/2 feet and
84 an overall body length of no more than 40 feet when factory
85 equipped for the road.
86 2. The “camping trailer,” which is a vehicular portable
87 unit mounted on wheels and constructed with collapsible partial
88 sidewalls which fold for towing by another vehicle and unfold at
89 the campsite to provide temporary living quarters for
90 recreational, camping, or travel use.
91 3. The “truck camper,” which is a truck equipped with a
92 portable unit designed to be loaded onto, or affixed to, the bed
93 or chassis of the truck and constructed to provide temporary
94 living quarters for recreational, camping, or travel use.
95 4. The “motor home,” which is a vehicular unit which does
96 not exceed the length, height, and width limitations provided in
97 s. 316.515, is a self-propelled motor vehicle, and is primarily
98 designed to provide temporary living quarters for recreational,
99 camping, or travel use.
100 5. The “private motor coach,” which is a vehicular unit
101 which does not exceed the length, width, and height limitations
102 provided in s. 316.515(9), is built on a self-propelled bus type
103 chassis having no fewer than three load-bearing axles, and is
104 primarily designed to provide temporary living quarters for
105 recreational, camping, or travel use.
106 6. The “van conversion,” which is a vehicular unit which
107 does not exceed the length and width limitations provided in s.
108 316.515, is built on a self-propelled motor vehicle chassis, and
109 is designed for recreation, camping, and travel use.
110 7. The “park trailer,” which is a transportable unit which
111 has a body width not exceeding 14 feet and which is built on a
112 single chassis and is designed to provide seasonal or temporary
113 living quarters when connected to utilities necessary for
114 operation of installed fixtures and appliances. The total area
115 of the unit in a setup mode, when measured from the exterior
116 surface of the exterior stud walls at the level of maximum
117 dimensions, not including any bay window, does not exceed 400
118 square feet when constructed to ANSI A-119.5 standards, and 500
119 square feet when constructed to United States Department of
120 Housing and Urban Development Standards. The length of a park
121 trailer means the distance from the exterior of the front of the
122 body (nearest to the drawbar and coupling mechanism) to the
123 exterior of the rear of the body (at the opposite end of the
124 body), including any protrusions.
125 8. The “fifth-wheel trailer,” which is a vehicular unit
126 mounted on wheels, designed to provide temporary living quarters
127 for recreational, camping, or travel use, of such size or weight
128 as not to require a special highway movement permit, of gross
129 trailer area not to exceed 400 square feet in the setup mode,
130 and designed to be towed by a motorized vehicle that contains a
131 towing mechanism that is mounted above or forward of the tow
132 vehicle’s rear axle.
133 Section 65. Section 322.1415, Florida Statutes, is created
134 to read:
135 322.1415 Specialty driver's license and identification card
136 program.—
137 (1) The department shall issue to any applicant qualified
138 pursuant to s. 322.14 a specialty driver’s license or
139 identification card upon payment of the appropriate fee pursuant
140 to s. 322.21.
141 (2) Department-approved specialty driver’s licenses and
142 identification cards shall, at a minimum, be available for state
143 and independent universities domiciled in this state, all
144 Florida professional sports teams designated in s.
145 320.08058(9)(a), and all branches of the United States military.
146 (3) The design and use of each specialty driver’s license
147 and identification card must be approved by the department and
148 the organization that is recognized by the driver’s license or
149 card.
150 Section 66. Paragraph (i) is added to subsection (1) of
151 section 322.21, Florida Statutes, to read:
152 322.21 License fees; procedure for handling and collecting
153 fees.—
154 (1) Except as otherwise provided herein, the fee for:
155 (i) The specialty license or identification card issued
156 pursuant to s. 322.1415 is $25, which is in addition to other
157 fees required in this section. The specialty fee shall be
158 distributed as follows:
159 1. Twenty percent shall be distributed to the appropriate
160 state or independent university foundation, the Florida Sports
161 Foundation, or the State Homes for Veterans Trust Fund, as
162 designated by the purchaser, for deposit into an unrestricted
163 account.
164 2. Eighty percent shall be distributed to the department
165 for department costs directly related to the specialty driver’s
166 license and identification card program and to defray costs of
167 production enhancements and distribution.
168
169 ================= T I T L E A M E N D M E N T ================
170 And the title is amended as follows:
171 Delete line 201
172 and insert:
173 conforming a cross-reference; amending s. 316.2085, F.S.;
174 providing that license tags for mopeds and motorcycles must be
175 affixed so that the letters and numbers are legible from the
176 rear; specifying that the tags may be displayed horizontally or
177 vertically to the ground so that the numbers and letters read
178 from left to right or from top to bottom; amending s. 319.23,
179 F.S.; authorizing the application for certificate of title,
180 corrected certificate, or assignment or reassignment be filed
181 from the consummation of the sale of a mobile home; amending s.
182 320.01, F.S.; revising the definition of the term “motor
183 vehicle” to include special mobile equipment; creating s.
184 322.1415, F.S.; requiring the Department of Highway Safety and
185 Motor Vehicles to issue a specialty driver’s license or
186 identification card to qualified applicants; specifying that, at
187 a minimum, the specialty driver’s licenses and identification
188 cards must be available for certain state and independent
189 universities and professional sports teams and all of the
190 branches of the United States military; requiring that the
191 design of each specialty driver’s license and identification
192 card be approved by the department; amending s. 322.21, F.S.;
193 providing for the distribution of funds collected from the
194 specialty driver’s license and identification card fees;
195 providing an effective
196