Florida Senate - 2011                                    SB 1150
       
       
       
       By Senator Latvala
       
       
       
       
       16-00530B-11                                          20111150__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 20.24, F.S.;
    4         specifying that the executive director of the
    5         department serves at the pleasure of the Governor and
    6         Cabinet; creating a Division of Motorist Services
    7         within the department; eliminating the Division of
    8         Driver Licenses and the Division of Motor Vehicles;
    9         amending s. 261.03, F.S.; conforming cross-references;
   10         amending s. 288.816, F.S., relating to Consul Corps
   11         license plates; conforming a reference; amending s.
   12         316.1933, F.S.; authorizing a health care provider to
   13         notify a law enforcement agency after detecting the
   14         presence of a controlled substance in the blood of a
   15         person injured in a motor vehicle crash; amending s.
   16         316.1957, F.S., relating to parking violations;
   17         conforming a reference; amending ss. 316.2122,
   18         316.2124, 316.21265, 316.3026, and 316.550, F.S.,
   19         relating to the operation of low-speed vehicles,
   20         motorized disability access vehicles, and all-terrain
   21         or utility vehicles, the unlawful operation of motor
   22         carriers, and special permits, respectively;
   23         conforming cross-references; amending s. 316.545,
   24         F.S.; providing for the regulation of apportionable
   25         vehicles; amending s. 316.646, F.S.; authorizing the
   26         department to suspend the registrations and driving
   27         privilege of a person convicted of failing to maintain
   28         the required security while operating a private
   29         passenger motor vehicle; amending s. 317.0003, F.S.,
   30         relating to off-highway vehicles; conforming a cross
   31         reference; amending s. 317.0016, F.S.; eliminating a
   32         requirement that the department provide expedited
   33         service for certificates of repossession; amending s.
   34         318.14, F.S.; clarifying provisions authorizing a
   35         person cited for a noncriminal traffic infraction to
   36         elect to attend a driver improvement course or enter a
   37         plea of nolo contendere; amending s. 318.15, F.S.,
   38         relating to the suspension of driving privileges;
   39         conforming a reference; amending s. 319.14, F.S.;
   40         prohibiting a person from knowingly offering for sale,
   41         selling, or exchanging certain vehicles unless the
   42         department has stamped in a conspicuous place on the
   43         certificate of title words stating that the vehicle is
   44         a custom vehicle or street rod vehicle; defining the
   45         terms “custom vehicle” and “street rod”; amending s.
   46         319.225, F.S.; revising the requirements for the
   47         transfer and reassignment forms for vehicles;
   48         requiring that a dealer selling a vehicle out of state
   49         mail a copy of the power of attorney form to the
   50         department; providing for the electronic transfer of a
   51         vehicle title; amending s. 319.23, F.S.; authorizing
   52         the department to accept a bond if the applicant for a
   53         certificate of title is unable to provide a title that
   54         assigns the prior owner’s interest in the motor
   55         vehicle; providing requirements for the bond and the
   56         affidavit; providing for future expiration of the
   57         bond; amending s. 319.28, F.S.; eliminating certain
   58         requirements that a lienholder obtain a certificate of
   59         repossession following repossession of a vehicle or
   60         mobile home; amending s. 319.323, F.S., relating to
   61         title offices for expedited service; conforming
   62         provisions to changes made by the act; amending s.
   63         319.40, F.S.; authorizing the department to issue
   64         electronic certificates of title and use electronic
   65         mail addresses for purposes of notification; amending
   66         s. 320.01, F.S.; deleting an obsolete definition;
   67         revising the gross vehicle weight for purposes of
   68         defining the terms “apportionable vehicle” and
   69         “commercial motor vehicle”; amending s. 320.02, F.S.;
   70         providing that an active-duty military member is
   71         exempt from the requirement to provide an address on
   72         an application for vehicle registration; requiring the
   73         application forms for motor vehicle registration and
   74         renewal of registration to include language permitting
   75         the applicant to make a voluntary contribution to End
   76         Hunger in Florida; requiring that the department
   77         retain certain records for a specified period;
   78         amending s. 320.023, F.S.; authorizing the department
   79         to retain certain proceeds derived from the voluntary
   80         contributions program to cover certain specified costs
   81         to the department; amending s. 320.03, F.S., relating
   82         to the International Registration Plan; conforming
   83         provisions to changes made by the act; amending s.
   84         320.05, F.S.; deleting a provision requiring that the
   85         department provide a procedures manual for a fee;
   86         clarifying that the creation and maintenance of
   87         records by the Division of Motorist Services is not a
   88         law enforcement function of agency recordkeeping;
   89         amending s. 320.06, F.S.; authorizing the department
   90         to conduct a pilot program to evaluate alternative
   91         license plate technologies for use on government-owned
   92         motor vehicles; specifying that all license plates
   93         issued by the department are the property of the
   94         state; amending s. 320.061, F.S.; providing that it is
   95         a noncriminal traffic infraction to alter a temporary
   96         license plate; amending s. 320.071, F.S.; providing
   97         for the renewal of registration for an apportionable
   98         vehicle that is registered under the International
   99         Registration Plan; amending s. 320.0715, F.S.;
  100         clarifying provisions requiring the registration of
  101         apportionable vehicles under the International
  102         Registration Plan; amending s. 320.08, F.S., relating
  103         to license taxes; conforming cross-references;
  104         amending s. 320.0847, F.S., relating to license plates
  105         for mini trucks and low-speed vehicles; conforming
  106         cross-references; amending s. 320.0848, F.S.; revising
  107         the requirements for the deposit of fee proceeds from
  108         temporary disabled parking permits; amending s.
  109         320.275, F.S., relating to the Automobile Dealers
  110         Industry Advisory Board; conforming provisions to the
  111         elimination of the Division of Motor Vehicles within
  112         the department; amending s. 320.771, F.S.; specifying
  113         circumstances under which certain dealers may apply
  114         for a certificate of title to a recreational vehicle
  115         using a manufacturer’s statement of origin; amending
  116         s. 320.95, F.S.; authorizing the department to use
  117         electronic mail addresses for the purpose of providing
  118         license renewal notices; amending s. 321.02, F.S.;
  119         designating the director of the Division of Highway
  120         Patrol of the department as the Colonel of the Florida
  121         Highway Patrol; amending s. 322.02, F.S.; providing
  122         for a director of the Division of Motorist Services;
  123         amending s. 322.04, F.S.; revising provisions
  124         exempting a nonresident from the requirement to obtain
  125         a driver’s license under certain circumstances;
  126         amending s. 322.051, F.S.; revising requirements by
  127         which an applicant for an identification card may
  128         prove nonimmigrant classification; clarifying the
  129         validity of an identification card based on specified
  130         documents; providing for the department to waive the
  131         fees for issuing or renewing an identification card to
  132         persons who present good cause for such waiver;
  133         amending s. 322.058, F.S.; conforming a cross
  134         reference; amending s. 322.065, F.S.; revising the
  135         period of expiration that constitutes the offense of
  136         driving with an expired driver’s license; amending s.
  137         322.07, F.S.; clarifying the qualifications for
  138         obtaining a temporary commercial instruction permit;
  139         amending s. 322.08, F.S.; revising requirements by
  140         which an applicant for a driver’s license may prove
  141         nonimmigrant classification; clarifying the validity
  142         of a license based on specified documents; authorizing
  143         the department to use electronic mail addresses for
  144         the purposes of providing license renewal notices;
  145         amending s. 322.081, F.S.; authorizing the department
  146         to retain certain proceeds derived from the voluntary
  147         contributions made on driver’s license applications to
  148         cover certain specified costs to the department;
  149         amending s. 322.12, F.S.; deleting provisions
  150         requiring a separate examination for applicants for a
  151         license to operate a motorcycle; requiring that the
  152         motorcycle safety course for a first-time applicant
  153         include a final examination; requiring that completion
  154         of the course be indicated on the license; amending s.
  155         322.121, F.S.; clarifying provisions authorizing the
  156         automatic extension of a license for members of the
  157         Armed Forces or their dependents while serving on
  158         active duty outside the state; amending s. 322.14,
  159         F.S.; deleting a requirement that applicants for
  160         specified licenses appear in person for issuance of a
  161         color photographic or digital imaged driver’s license;
  162         amending s. 322.20, F.S., relating to department
  163         records; conforming provisions to changes made by the
  164         act; amending s. 322.202, F.S.; clarifying that the
  165         Division of Motorist Services is not a law enforcement
  166         agency; amending s. 322.21, F.S.; conforming
  167         provisions to changes made by the act; authorizing a
  168         driver to renew his or her driver’s license during a
  169         specified period before the license expiration date;
  170         amending s. 322.53, F.S.; revising provisions
  171         exempting certain farmers and drivers who operate
  172         straight trucks from the requirement to obtain a
  173         commercial driver’s license; amending s. 322.54, F.S.;
  174         requiring that the weight of a commercial motor
  175         vehicle be based on the vehicle’s actual weight under
  176         certain circumstances; repealing s. 322.58, F.S.,
  177         relating to holders of chauffeur’s licenses; amending
  178         s. 322.59, F.S.; requiring that the department
  179         disqualify a driver holding a commercial driver’s
  180         license who fails to comply with specified federal
  181         certification requirements; amending s. 322.61, F.S.;
  182         providing that the holder of a commercial driver’s
  183         license is permanently disqualified from operating a
  184         commercial motor vehicle following two violations of
  185         specified offenses committed while operating any
  186         vehicle; amending s. 322.64, F.S.; providing that a
  187         notice of disqualification from operating a commercial
  188         motor vehicle acts as a conviction for purposes of
  189         certain federal restrictions imposed for the offense
  190         of operating a commercial motor vehicle while under
  191         the influence of alcohol; deleting provisions
  192         authorizing the department to impose certain
  193         alternative restrictions for such offense; amending s.
  194         328.30, F.S.; authorizing the department to issue
  195         electronic certificates of title for vessels and use
  196         electronic mail addresses for purposes of providing
  197         renewal notices; amending s. 413.012, F.S., relating
  198         to a prohibition on disclosing confidential records
  199         held by the department; conforming provisions to
  200         changes made by the act; amending s. 713.78, F.S.;
  201         conforming a cross-reference; providing an effective
  202         date.
  203  
  204  Be It Enacted by the Legislature of the State of Florida:
  205  
  206         Section 1. Section 20.24, Florida Statutes, is amended to
  207  read:
  208         20.24 Department of Highway Safety and Motor Vehicles.
  209  There is created a Department of Highway Safety and Motor
  210  Vehicles.
  211         (1) The head of the Department of Highway Safety and Motor
  212  Vehicles is the Governor and Cabinet. An executive director
  213  shall serve at the pleasure of the Governor and Cabinet. The
  214  executive director may establish a command, operational, and
  215  administrative services structure to assist, manage, and support
  216  the department in operating programs and delivering services.
  217         (2) The following divisions, and bureaus within the
  218  divisions, of the Department of Highway Safety and Motor
  219  Vehicles are established:
  220         (a) Division of the Florida Highway Patrol.
  221         (b) Division of Motorist Services.
  222         (b) Division of Driver Licenses.
  223         (c) Division of Motor Vehicles.
  224         Section 2. Subsection (9) of section 261.03, Florida
  225  Statutes, is amended to read:
  226         261.03 Definitions.—As used in this chapter, the term:
  227         (9) “ROV” means any motorized recreational off-highway
  228  vehicle 64 inches or less in width, having a dry weight of 2,000
  229  pounds or less, designed to travel on four or more nonhighway
  230  tires, having nonstraddle seating and a steering wheel, and
  231  manufactured for recreational use by one or more persons. The
  232  term “ROV” does not include a golf cart as defined in ss.
  233  320.01(22) and 316.003(68) or a low-speed vehicle as defined in
  234  s. 320.01(42).
  235         Section 3. Paragraph (e) of subsection (2) of section
  236  288.816, Florida Statutes, is amended to read:
  237         288.816 Intergovernmental relations.—
  238         (2) The Office of Tourism, Trade, and Economic Development
  239  shall be responsible for all consular relations between the
  240  state and all foreign governments doing business in Florida. The
  241  office shall monitor United States laws and directives to ensure
  242  that all federal treaties regarding foreign privileges and
  243  immunities are properly observed. The office shall promulgate
  244  rules which shall:
  245         (e) Verify entitlement to issuance of special motor vehicle
  246  license plates by the Division of Motor Vehicles of the
  247  Department of Highway Safety and Motor Vehicles to honorary
  248  consuls or such other officials representing foreign governments
  249  who are not entitled to issuance of special Consul Corps license
  250  plates by the United States Government.
  251         Section 4. Paragraph (a) of subsection (2) of section
  252  316.1933, Florida Statutes, is amended to read:
  253         316.1933 Blood test for impairment or intoxication in cases
  254  of death or serious bodily injury; right to use reasonable
  255  force.—
  256         (2)(a) Only a physician, certified paramedic, registered
  257  nurse, licensed practical nurse, other personnel authorized by a
  258  hospital to draw blood, or duly licensed clinical laboratory
  259  director, supervisor, technologist, or technician, acting at the
  260  request of a law enforcement officer, may withdraw blood for the
  261  purpose of determining the alcoholic content thereof or the
  262  presence of chemical substances or controlled substances
  263  therein. However, the failure of a law enforcement officer to
  264  request the withdrawal of blood shall not affect the
  265  admissibility of a test of blood withdrawn for medical purposes.
  266         1. Notwithstanding any provision of law pertaining to the
  267  confidentiality of hospital records or other medical records, if
  268  a health care provider, who is providing medical care in a
  269  health care facility to a person injured in a motor vehicle
  270  crash, becomes aware, as a result of any blood test performed in
  271  the course of that medical treatment, that the person’s blood
  272  alcohol level meets or exceeds the blood-alcohol level specified
  273  in s. 316.193(1)(b), or detects the presence of a controlled
  274  substance listed in chapter 893, the health care provider may
  275  notify any law enforcement officer or law enforcement agency.
  276  Any such notice must be given within a reasonable time after the
  277  health care provider receives the test result. Any such notice
  278  shall be used only for the purpose of providing the law
  279  enforcement officer with reasonable cause to request the
  280  withdrawal of a blood sample pursuant to this section.
  281         2. The notice shall consist only of the name of the person
  282  being treated, the name of the person who drew the blood, the
  283  blood-alcohol level indicated by the test, and the date and time
  284  of the administration of the test.
  285         3. Nothing contained in s. 395.3025(4), s. 456.057, or any
  286  applicable practice act affects the authority to provide notice
  287  under this section, and the health care provider is not
  288  considered to have breached any duty owed to the person under s.
  289  395.3025(4), s. 456.057, or any applicable practice act by
  290  providing notice or failing to provide notice. It shall not be a
  291  breach of any ethical, moral, or legal duty for a health care
  292  provider to provide notice or fail to provide notice.
  293         4. A civil, criminal, or administrative action may not be
  294  brought against any person or health care provider participating
  295  in good faith in the provision of notice or failure to provide
  296  notice as provided in this section. Any person or health care
  297  provider participating in the provision of notice or failure to
  298  provide notice as provided in this section shall be immune from
  299  any civil or criminal liability and from any professional
  300  disciplinary action with respect to the provision of notice or
  301  failure to provide notice under this section. Any such
  302  participant has the same immunity with respect to participating
  303  in any judicial proceedings resulting from the notice or failure
  304  to provide notice.
  305         Section 5. Section 316.1957, Florida Statutes, is amended
  306  to read:
  307         316.1957 Parking violations; designated parking spaces for
  308  persons who have disabilities.—When evidence is presented in any
  309  court of the fact that any motor vehicle was parked in a
  310  properly designated parking space for persons who have
  311  disabilities in violation of s. 316.1955, it is prima facie
  312  evidence that the vehicle was parked and left in the space by
  313  the person, firm, or corporation in whose name the vehicle is
  314  registered and licensed according to the records of the
  315  department Division of Motor Vehicles.
  316         Section 6. Section 316.2122, Florida Statutes, is amended
  317  to read:
  318         316.2122 Operation of a low-speed vehicle or mini truck on
  319  certain roadways.—The operation of a low-speed vehicle as
  320  defined in s. 320.01(42) or a mini truck as defined in s.
  321  320.01(45) on any road as defined in s. 334.03(15) or (33) is
  322  authorized with the following restrictions:
  323         (1) A low-speed vehicle or mini truck may be operated only
  324  on streets where the posted speed limit is 35 miles per hour or
  325  less. This does not prohibit a low-speed vehicle or mini truck
  326  from crossing a road or street at an intersection where the road
  327  or street has a posted speed limit of more than 35 miles per
  328  hour.
  329         (2) A low-speed vehicle must be equipped with headlamps,
  330  stop lamps, turn signal lamps, taillamps, reflex reflectors,
  331  parking brakes, rearview mirrors, windshields, seat belts, and
  332  vehicle identification numbers.
  333         (3) A low-speed vehicle or mini truck must be registered
  334  and insured in accordance with s. 320.02 and titled pursuant to
  335  chapter 319.
  336         (4) Any person operating a low-speed vehicle or mini truck
  337  must have in his or her possession a valid driver’s license.
  338         (5) A county or municipality may prohibit the operation of
  339  low-speed vehicles or mini trucks on any road under its
  340  jurisdiction if the governing body of the county or municipality
  341  determines that such prohibition is necessary in the interest of
  342  safety.
  343         (6) The Department of Transportation may prohibit the
  344  operation of low-speed vehicles or mini trucks on any road under
  345  its jurisdiction if it determines that such prohibition is
  346  necessary in the interest of safety.
  347         Section 7. Section 316.2124, Florida Statutes, is amended
  348  to read:
  349         316.2124 Motorized disability access vehicles.—The
  350  Department of Highway Safety and Motor Vehicles is directed to
  351  provide, by rule, for the regulation of motorized disability
  352  access vehicles as described in s. 320.01(34). The department
  353  shall provide that motorized disability access vehicles shall be
  354  registered in the same manner as motorcycles and shall pay the
  355  same registration fee as for a motorcycle. There shall also be
  356  assessed, in addition to the registration fee, a $2.50 surcharge
  357  for motorized disability access vehicles. This surcharge shall
  358  be paid into the Highway Safety Operating Trust Fund. Motorized
  359  disability access vehicles shall not be required to be titled by
  360  the department. The department shall require motorized
  361  disability access vehicles to be subject to the same safety
  362  requirements as set forth in this chapter for motorcycles.
  363         Section 8. Section 316.21265, Florida Statutes, is amended
  364  to read:
  365         316.21265 Use of all-terrain vehicles, golf carts, low
  366  speed vehicles, or utility vehicles by law enforcement
  367  agencies.—
  368         (1) Notwithstanding any provision of law to the contrary,
  369  any law enforcement agency in this state may operate all-terrain
  370  vehicles as defined in s. 316.2074, golf carts as defined in s.
  371  320.01(22), low-speed vehicles as defined in s. 320.01(42), or
  372  utility vehicles as defined in s. 320.01(43) on any street,
  373  road, or highway in this state while carrying out its official
  374  duties.
  375         (2) Such vehicles must be clearly marked as vehicles of a
  376  law enforcement agency and may be equipped with special warning
  377  lights, signaling devices, or other equipment approved or
  378  authorized for use on law enforcement vehicles.
  379         (3) The vehicle operator and passengers must wear safety
  380  gear, such as helmets, which is ordinarily required for use by
  381  operators or passengers on such vehicles.
  382         Section 9. Subsection (1) of section 316.3026, Florida
  383  Statutes, is amended to read:
  384         316.3026 Unlawful operation of motor carriers.—
  385         (1) The Office of Motor Carrier Compliance of the
  386  Department of Transportation may issue out-of-service orders to
  387  motor carriers, as defined in s. 320.01(33), who have after
  388  proper notice failed to pay any penalty or fine assessed by the
  389  department, or its agent, against any owner or motor carrier for
  390  violations of state law, refused to submit to a compliance
  391  review and provide records pursuant to s. 316.302(5) or s.
  392  316.70, or violated safety regulations pursuant to s. 316.302 or
  393  insurance requirements found in s. 627.7415. Such out-of-service
  394  orders shall have the effect of prohibiting the operations of
  395  any motor vehicles owned, leased, or otherwise operated by the
  396  motor carrier upon the roadways of this state, until such time
  397  as the violations have been corrected or penalties have been
  398  paid. Out-of-service orders issued under this section must be
  399  approved by the Secretary of Transportation or his or her
  400  designee. An administrative hearing pursuant to s. 120.569 shall
  401  be afforded to motor carriers subject to such orders.
  402         Section 10. Subsection (3) of section 316.545, Florida
  403  Statutes, is amended to read:
  404         316.545 Weight and load unlawful; special fuel and motor
  405  fuel tax enforcement; inspection; penalty; review.—
  406         (3) Any person who violates the overloading provisions of
  407  this chapter shall be conclusively presumed to have damaged the
  408  highways of this state by reason of such overloading, which
  409  damage is hereby fixed as follows:
  410         (a) When the excess weight is 200 pounds or less than the
  411  maximum herein provided, the penalty shall be $10;
  412         (b) Five cents per pound for each pound of weight in excess
  413  of the maximum herein provided when the excess weight exceeds
  414  200 pounds. However, whenever the gross weight of the vehicle or
  415  combination of vehicles does not exceed the maximum allowable
  416  gross weight, the maximum fine for the first 600 pounds of
  417  unlawful axle weight shall be $10;
  418         (c) For a vehicle equipped with fully functional idle
  419  reduction technology, any penalty shall be calculated by
  420  reducing the actual gross vehicle weight or the internal bridge
  421  weight by the certified weight of the idle-reduction technology
  422  or by 400 pounds, whichever is less. The vehicle operator must
  423  present written certification of the weight of the idle
  424  reduction technology and must demonstrate or certify that the
  425  idle-reduction technology is fully functional at all times. This
  426  calculation is not allowed for vehicles described in s.
  427  316.535(6);
  428         (d) An apportionable apportioned motor vehicle, as defined
  429  in s. 320.01, operating on the highways of this state without
  430  being properly licensed and registered shall be subject to the
  431  penalties as herein provided; and
  432         (e) Vehicles operating on the highways of this state from
  433  nonmember International Registration Plan jurisdictions which
  434  are not in compliance with the provisions of s. 316.605 shall be
  435  subject to the penalties as herein provided.
  436         Section 11. Paragraph (a) of subsection (5) and subsection
  437  (10) of section 316.550, Florida Statutes, are amended to read:
  438         316.550 Operations not in conformity with law; special
  439  permits.—
  440         (5)(a) The Department of Transportation may issue a wrecker
  441  special blanket permit to authorize a wrecker as defined in s.
  442  320.01(40) to tow a disabled vehicle as defined in s. 320.01(38)
  443  where the combination of the wrecker and the disabled vehicle
  444  being towed exceeds the maximum weight limits as established by
  445  s. 316.535.
  446         (10) Whenever any motor vehicle, or the combination of a
  447  wrecker as defined in s. 320.01(40) and a towed motor vehicle,
  448  exceeds any weight or dimensional criteria or special
  449  operational or safety stipulation contained in a special permit
  450  issued under the provisions of this section, the penalty
  451  assessed to the owner or operator shall be as follows:
  452         (a) For violation of weight criteria contained in a special
  453  permit, the penalty per pound or portion thereof exceeding the
  454  permitted weight shall be as provided in s. 316.545.
  455         (b) For each violation of dimensional criteria in a special
  456  permit, the penalty shall be as provided in s. 316.516 and
  457  penalties for multiple violations of dimensional criteria shall
  458  be cumulative except that the total penalty for the vehicle
  459  shall not exceed $1,000.
  460         (c) For each violation of an operational or safety
  461  stipulation in a special permit, the penalty shall be an amount
  462  not to exceed $1,000 per violation and penalties for multiple
  463  violations of operational or safety stipulations shall be
  464  cumulative except that the total penalty for the vehicle shall
  465  not exceed $1,000.
  466         (d) For violation of any special condition that has been
  467  prescribed in the rules of the Department of Transportation and
  468  declared on the permit, the vehicle shall be determined to be
  469  out of conformance with the permit and the permit shall be
  470  declared null and void for the vehicle, and weight and
  471  dimensional limits for the vehicle shall be as established in s.
  472  316.515 or s. 316.535, whichever is applicable, and:
  473         1. For weight violations, a penalty as provided in s.
  474  316.545 shall be assessed for those weights which exceed the
  475  limits thus established for the vehicle; and
  476         2. For dimensional, operational, or safety violations, a
  477  penalty as established in paragraph (c) or s. 316.516, whichever
  478  is applicable, shall be assessed for each nonconforming
  479  dimensional, operational, or safety violation and the penalties
  480  for multiple violations shall be cumulative for the vehicle.
  481         Section 12. Subsection (3) of section 316.646, Florida
  482  Statutes, is amended to read:
  483         316.646 Security required; proof of security and display
  484  thereof; dismissal of cases.—
  485         (3) Any person who violates this section commits a
  486  nonmoving traffic infraction subject to the penalty provided in
  487  chapter 318 and shall be required to furnish proof of security
  488  as provided in this section. If any person charged with a
  489  violation of this section fails to furnish proof at or before
  490  the scheduled court appearance date that security was in effect
  491  at the time of the violation, the court shall, upon conviction,
  492  notify the department to suspend the registrations registration
  493  and driver’s license of such person. If the court fails to order
  494  the suspension of the person’s registrations registration and
  495  driver’s license for a conviction of this section at the time of
  496  sentencing, the department shall, upon receiving notice of the
  497  conviction from the court, and for all motor vehicle owners
  498  charged with operating a vehicle as defined in s. 627.732(3)(a),
  499  suspend the person’s registrations registration and driver’s
  500  license for the violation of this section. Such license and
  501  registration may be reinstated only as provided in s. 324.0221.
  502         Section 13. Subsection (9) of section 317.0003, Florida
  503  Statutes, is amended to read:
  504         317.0003 Definitions.—As used in this chapter, the term:
  505         (9) “ROV” means any motorized recreational off-highway
  506  vehicle 64 inches or less in width, having a dry weight of 2,000
  507  pounds or less, designed to travel on four or more nonhighway
  508  tires, having nonstraddle seating and a steering wheel, and
  509  manufactured for recreational use by one or more persons. The
  510  term “ROV” does not include a golf cart as defined in ss.
  511  320.01(22) and 316.003(68) or a low-speed vehicle as defined in
  512  s. 320.01(42).
  513         Section 14. Section 317.0016, Florida Statutes, is amended
  514  to read:
  515         317.0016 Expedited service; applications; fees.—The
  516  department shall provide, through its agents and for use by the
  517  public, expedited service on title transfers, title issuances,
  518  duplicate titles, and recordation of liens, and certificates of
  519  repossession. A fee of $7 shall be charged for this service,
  520  which is in addition to the fees imposed by ss. 317.0007 and
  521  317.0008, and $3.50 of this fee shall be retained by the
  522  processing agency. All remaining fees shall be deposited in the
  523  Incidental Trust Fund of the Division of Forestry of the
  524  Department of Agriculture and Consumer Services. Application for
  525  expedited service may be made by mail or in person. The
  526  department shall issue each title applied for pursuant to this
  527  section within 5 working days after receipt of the application
  528  except for an application for a duplicate title certificate
  529  covered by s. 317.0008(3), in which case the title must be
  530  issued within 5 working days after compliance with the
  531  department’s verification requirements.
  532         Section 15. Subsection (9) and paragraph (a) of subsection
  533  (10) of section 318.14, Florida Statutes, are amended to read:
  534         318.14 Noncriminal traffic infractions; exception;
  535  procedures.—
  536         (9) Any person who does not hold a commercial driver’s
  537  license and who is cited while driving a noncommercial motor
  538  vehicle for an infraction under this section other than a
  539  violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
  540  driver exceeds the posted limit by 30 miles per hour or more, s.
  541  320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
  542  322.61, or s. 322.62 may, in lieu of a court appearance, elect
  543  to attend in the location of his or her choice within this state
  544  a basic driver improvement course approved by the Department of
  545  Highway Safety and Motor Vehicles. In such a case, adjudication
  546  must be withheld and points, as provided by s. 322.27, may not
  547  be assessed. However, a person may not make an election under
  548  this subsection if the person has made an election under this
  549  subsection in the preceding 12 months. A person may make no more
  550  than five elections within his or her lifetime under this
  551  subsection. The requirement for community service under s.
  552  318.18(8) is not waived by a plea of nolo contendere or by the
  553  withholding of adjudication of guilt by a court. If a person
  554  makes an election to attend a basic driver improvement course
  555  under this subsection, 18 percent of the civil penalty imposed
  556  under s. 318.18(3) shall be deposited in the State Courts
  557  Revenue Trust Fund; however, that portion is not revenue for
  558  purposes of s. 28.36 and may not be used in establishing the
  559  budget of the clerk of the court under that section or s. 28.35.
  560         (10)(a) Any person who does not hold a commercial driver’s
  561  license and who is cited while driving a noncommercial motor
  562  vehicle for an offense listed under this subsection may, in lieu
  563  of payment of fine or court appearance, elect to enter a plea of
  564  nolo contendere and provide proof of compliance to the clerk of
  565  the court, designated official, or authorized operator of a
  566  traffic violations bureau. In such case, adjudication shall be
  567  withheld; however, no election shall be made under this
  568  subsection if such person has made an election under this
  569  subsection in the 12 months preceding election hereunder. No
  570  person may make more than three elections under this subsection.
  571  This subsection applies to the following offenses:
  572         1. Operating a motor vehicle without a valid driver’s
  573  license in violation of the provisions of s. 322.03, s. 322.065,
  574  or s. 322.15(1), or operating a motor vehicle with a license
  575  that has been suspended for failure to appear, failure to pay
  576  civil penalty, or failure to attend a driver improvement course
  577  pursuant to s. 322.291.
  578         2. Operating a motor vehicle without a valid registration
  579  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  580         3. Operating a motor vehicle in violation of s. 316.646.
  581         4. Operating a motor vehicle with a license that has been
  582  suspended under s. 61.13016 or s. 322.245 for failure to pay
  583  child support or for failure to pay any other financial
  584  obligation as provided in s. 322.245; however, this subparagraph
  585  does not apply if the license has been suspended pursuant to s.
  586  322.245(1).
  587         5. Operating a motor vehicle with a license that has been
  588  suspended under s. 322.091 for failure to meet school attendance
  589  requirements.
  590         Section 16. Paragraph (a) of subsection (1) of section
  591  318.15, Florida Statutes, is amended to read:
  592         318.15 Failure to comply with civil penalty or to appear;
  593  penalty.—
  594         (1)(a) If a person fails to comply with the civil penalties
  595  provided in s. 318.18 within the time period specified in s.
  596  318.14(4), fails to enter into or comply with the terms of a
  597  penalty payment plan with the clerk of the court in accordance
  598  with ss. 318.14 and 28.246, fails to attend driver improvement
  599  school, or fails to appear at a scheduled hearing, the clerk of
  600  the court shall notify the Division of Driver Licenses of the
  601  Department of Highway Safety and Motor Vehicles of such failure
  602  within 10 days after such failure. Upon receipt of such notice,
  603  the department shall immediately issue an order suspending the
  604  driver’s license and privilege to drive of such person effective
  605  20 days after the date the order of suspension is mailed in
  606  accordance with s. 322.251(1), (2), and (6). Any such suspension
  607  of the driving privilege which has not been reinstated,
  608  including a similar suspension imposed outside Florida, shall
  609  remain on the records of the department for a period of 7 years
  610  from the date imposed and shall be removed from the records
  611  after the expiration of 7 years from the date it is imposed.
  612         Section 17. Section 319.14, Florida Statutes, is amended to
  613  read:
  614         319.14 Sale of motor vehicles registered or used as
  615  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
  616  and nonconforming vehicles, custom vehicles, or street rod
  617  vehicles.—
  618         (1)(a) A No person may not shall knowingly offer for sale,
  619  sell, or exchange any vehicle that has been licensed,
  620  registered, or used as a taxicab, police vehicle, or short-term
  621  lease vehicle, or a vehicle that has been repurchased by a
  622  manufacturer pursuant to a settlement, determination, or
  623  decision under chapter 681, until the department has stamped in
  624  a conspicuous place on the certificate of title of the vehicle,
  625  or its duplicate, words stating the nature of the previous use
  626  of the vehicle or the title has been stamped “Manufacturer’s Buy
  627  Back” to reflect that the vehicle is a nonconforming vehicle. If
  628  the certificate of title or duplicate was not so stamped upon
  629  initial issuance thereof or if, subsequent to initial issuance
  630  of the title, the use of the vehicle is changed to a use
  631  requiring the notation provided for in this section, the owner
  632  or lienholder of the vehicle shall surrender the certificate of
  633  title or duplicate to the department before prior to offering
  634  the vehicle for sale, and the department shall stamp the
  635  certificate or duplicate as required herein. If When a vehicle
  636  has been repurchased by a manufacturer pursuant to a settlement,
  637  determination, or decision under chapter 681, the title shall be
  638  stamped “Manufacturer’s Buy Back” to reflect that the vehicle is
  639  a nonconforming vehicle.
  640         (b) A No person may not shall knowingly offer for sale,
  641  sell, or exchange a rebuilt vehicle until the department has
  642  stamped in a conspicuous place on the certificate of title for
  643  the vehicle words stating that the vehicle has been rebuilt or
  644  assembled from parts, or is a kit car, glider kit, replica, or
  645  flood vehicle, custom vehicle, or street rod vehicle unless
  646  proper application for a certificate of title for a vehicle that
  647  is rebuilt or assembled from parts, or is a kit car, glider kit,
  648  replica, or flood vehicle, custom vehicle, or street rod vehicle
  649  has been made to the department in accordance with this chapter
  650  and the department has conducted the physical examination of the
  651  vehicle to assure the identity of the vehicle and all major
  652  component parts, as defined in s. 319.30(1), which have been
  653  repaired or replaced. Thereafter, the department shall affix a
  654  decal to the vehicle, in the manner prescribed by the
  655  department, showing the vehicle to be rebuilt. A vehicle may not
  656  be inspected or issued a rebuilt title until all major component
  657  parts, as defined in s. 319.30, which were damaged have been
  658  repaired or replaced.
  659         (c) As used in this section, the term:
  660         1. “Police vehicle” means a motor vehicle owned or leased
  661  by the state or a county or municipality and used in law
  662  enforcement.
  663         2.a. “Short-term-lease vehicle” means a motor vehicle
  664  leased without a driver and under a written agreement to one or
  665  more persons from time to time for a period of less than 12
  666  months.
  667         b. “Long-term-lease vehicle” means a motor vehicle leased
  668  without a driver and under a written agreement to one person for
  669  a period of 12 months or longer.
  670         c. “Lease vehicle” includes both short-term-lease vehicles
  671  and long-term-lease vehicles.
  672         3. “Rebuilt vehicle” means a motor vehicle or mobile home
  673  built from salvage or junk, as defined in s. 319.30(1).
  674         4. “Assembled from parts” means a motor vehicle or mobile
  675  home assembled from parts or combined from parts of motor
  676  vehicles or mobile homes, new or used. “Assembled from parts”
  677  does not mean a motor vehicle defined as a “rebuilt vehicle” in
  678  subparagraph 3., which has been declared a total loss pursuant
  679  to s. 319.30.
  680         5. “Kit car” means a motor vehicle assembled with a kit
  681  supplied by a manufacturer to rebuild a wrecked or outdated
  682  motor vehicle with a new body kit.
  683         6. “Glider kit” means a vehicle assembled with a kit
  684  supplied by a manufacturer to rebuild a wrecked or outdated
  685  truck or truck tractor.
  686         7. “Replica” means a complete new motor vehicle
  687  manufactured to look like an old vehicle.
  688         8. “Flood vehicle” means a motor vehicle or mobile home
  689  that has been declared to be a total loss pursuant to s.
  690  319.30(3)(a) resulting from damage caused by water.
  691         9. “Nonconforming vehicle” means a motor vehicle which has
  692  been purchased by a manufacturer pursuant to a settlement,
  693  determination, or decision under chapter 681.
  694         10. “Settlement” means an agreement entered into between a
  695  manufacturer and a consumer that occurs after a dispute is
  696  submitted to a program, or an informal dispute settlement
  697  procedure established by a manufacturer or is approved for
  698  arbitration before the New Motor Vehicle Arbitration Board as
  699  defined in s. 681.102.
  700         11. “Custom vehicle” means a motor vehicle that:
  701         a. Is 25 years of age or older and of a model year after
  702  1948, or was manufactured to resemble a vehicle that is 25 years
  703  of age or older and of a model year after 1948; and
  704         b. Has been altered from the manufacturer’s original design
  705  or has a body constructed from nonoriginal materials.
  706  
  707  The model year and year of manufacture which the body of a
  708  custom vehicle resembles is the model year and year of
  709  manufacture listed on the certificate of title, regardless of
  710  when the vehicle was actually manufactured.
  711         12. “Street rod” means a motor vehicle that:
  712         a. Is a model year of 1948 or older or was manufactured
  713  after 1948 to resemble a vehicle of a model year of 1948 or
  714  older; and
  715         b. Has been altered from the manufacturer’s original design
  716  or has a body constructed from nonoriginal materials.
  717  
  718  The model year and year of manufacture which the body of a
  719  street rod resembles is the model year and year of manufacture
  720  listed on the certificate of title, regardless of when the
  721  vehicle was actually manufactured.
  722         (2) A No person may not shall knowingly sell, exchange, or
  723  transfer a vehicle referred to in subsection (1) without, before
  724  prior to consummating the sale, exchange, or transfer,
  725  disclosing in writing to the purchaser, customer, or transferee
  726  the fact that the vehicle has previously been titled,
  727  registered, or used as a taxicab, police vehicle, or short-term
  728  lease vehicle, or is a vehicle that is rebuilt or assembled from
  729  parts, or is a kit car, glider kit, replica, or flood vehicle,
  730  or is a nonconforming vehicle, custom vehicle, or street rod
  731  vehicle, as the case may be.
  732         (3) Any person who, with intent to offer for sale or
  733  exchange any vehicle referred to in subsection (1), knowingly or
  734  intentionally advertises, publishes, disseminates, circulates,
  735  or places before the public in any communications medium,
  736  whether directly or indirectly, any offer to sell or exchange
  737  the vehicle shall clearly and precisely state in each such offer
  738  that the vehicle has previously been titled, registered, or used
  739  as a taxicab, police vehicle, or short-term-lease vehicle or
  740  that the vehicle or mobile home is a vehicle that is rebuilt or
  741  assembled from parts, or is a kit car, glider kit, replica, or
  742  flood vehicle, or is a nonconforming vehicle, custom vehicle, or
  743  street rod vehicle, as the case may be. Any person who violates
  744  this subsection commits a misdemeanor of the second degree,
  745  punishable as provided in s. 775.082 or s. 775.083.
  746         (4) If When a certificate of title, including a foreign
  747  certificate, is branded to reflect a condition or prior use of
  748  the titled vehicle, the brand must be noted on the registration
  749  certificate of the vehicle and such brand shall be carried
  750  forward on all subsequent certificates of title and registration
  751  certificates issued for the life of the vehicle.
  752         (5) Any person who knowingly sells, exchanges, or offers to
  753  sell or exchange a motor vehicle or mobile home contrary to the
  754  provisions of this section or any officer, agent, or employee of
  755  a person who knowingly authorizes, directs, aids in, or consents
  756  to the sale, exchange, or offer to sell or exchange a motor
  757  vehicle or mobile home contrary to the provisions of this
  758  section commits a misdemeanor of the second degree, punishable
  759  as provided in s. 775.082 or s. 775.083.
  760         (6) Any person who removes a rebuilt decal from a rebuilt
  761  vehicle with the intent to conceal the rebuilt status of the
  762  vehicle commits a felony of the third degree, punishable as
  763  provided in s. 775.082, s. 775.083, or s. 775.084.
  764         (7) This section applies to a mobile home, travel trailer,
  765  camping trailer, truck camper, or fifth-wheel recreation trailer
  766  only when the such mobile home or vehicle is a rebuilt vehicle
  767  or is assembled from parts.
  768         (8) A No person is not shall be liable or accountable in
  769  any civil action arising out of a violation of this section if
  770  the designation of the previous use or condition of the motor
  771  vehicle is not noted on the certificate of title and
  772  registration certificate of the vehicle which was received by,
  773  or delivered to, such person, unless the such person has
  774  actively concealed the prior use or condition of the vehicle
  775  from the purchaser.
  776         (9) Subsections (1), (2), and (3) do not apply to the
  777  transfer of ownership of a motor vehicle after the motor vehicle
  778  has ceased to be used as a lease vehicle and the ownership has
  779  been transferred to an owner for private use or to the transfer
  780  of ownership of a nonconforming vehicle with 36,000 or more
  781  miles on its odometer, or 34 months whichever is later and the
  782  ownership has been transferred to an owner for private use. Such
  783  owner, as shown on the title certificate, may request the
  784  department to issue a corrected certificate of title that does
  785  not contain the statement of the previous use of the vehicle as
  786  a lease vehicle or condition as a nonconforming vehicle.
  787         Section 18. Section 319.225, Florida Statutes, is amended
  788  to read:
  789         319.225 Transfer and reassignment forms; odometer
  790  disclosure statements.—
  791         (1) Every certificate of title issued by the department
  792  must contain the following statement on its reverse side:
  793  “Federal and state law require the completion of the odometer
  794  statement set out below. Failure to complete or providing false
  795  information may result in fines, imprisonment, or both.”
  796         (2) Each certificate of title issued by the department must
  797  contain on its reverse side a form for transfer of title by the
  798  titleholder of record, which form must contain an odometer
  799  disclosure statement in the form required by 49 C.F.R. s. 580.5.
  800         (3) Each certificate of title issued by the department must
  801  contain on its reverse side as many forms as space allows for
  802  reassignment of title by a licensed dealer as permitted by s.
  803  319.21(3), which form or forms shall contain an odometer
  804  disclosure statement in the form required by 49 C.F.R. s. 580.5.
  805  When all dealer reassignment forms provided on the back of the
  806  title certificate have been filled in, a dealer may reassign the
  807  title certificate by using a separate dealer reassignment form
  808  issued by the department in compliance with 49 C.F.R. ss. 580.4
  809  and 580.5, which form shall contain an original, two carbon
  810  copies one of which shall be submitted directly to the
  811  department by the dealer within 5 business days after the
  812  transfer and a copy, one of which shall be retained by the
  813  dealer in his or her records for 5 years. The provisions of this
  814  subsection shall also apply to vehicles not previously titled in
  815  this state and vehicles whose title certificates do not contain
  816  the forms required by this section.
  817         (4) Upon transfer or reassignment of a certificate of title
  818  to a used motor vehicle, the transferor shall complete the
  819  odometer disclosure statement provided for by this section and
  820  the transferee shall acknowledge the disclosure by signing and
  821  printing his or her name in the spaces provided. This subsection
  822  does not apply to a vehicle that has a gross vehicle rating of
  823  more than 16,000 pounds, a vehicle that is not self-propelled,
  824  or a vehicle that is 10 years old or older. A lessor who
  825  transfers title to his or her vehicle without obtaining
  826  possession of the vehicle shall make odometer disclosure as
  827  provided by 49 C.F.R. s. 580.7. Any person who fails to complete
  828  or acknowledge a disclosure statement as required by this
  829  subsection commits is guilty of a misdemeanor of the second
  830  degree, punishable as provided in s. 775.082 or s. 775.083. The
  831  department may not issue a certificate of title unless this
  832  subsection has been complied with.
  833         (5) The same person may not sign a disclosure statement as
  834  both the transferor and the transferee in the same transaction
  835  except as provided in subsection (6).
  836         (6)(a) If the certificate of title is physically held by a
  837  lienholder, the transferor may give a power of attorney to his
  838  or her transferee for the purpose of odometer disclosure. The
  839  power of attorney must be on a form issued or authorized by the
  840  department, which form must be in compliance with 49 C.F.R. ss.
  841  580.4 and 580.13. The department shall not require the signature
  842  of the transferor to be notarized on the form; however, in lieu
  843  of notarization, the form shall include an affidavit with the
  844  following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
  845  HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
  846  ARE TRUE. The transferee shall sign the power of attorney form,
  847  print his or her name, and return a copy of the power of
  848  attorney form to the transferor. Upon receipt of a title
  849  certificate, the transferee shall complete the space for mileage
  850  disclosure on the title certificate exactly as the mileage was
  851  disclosed by the transferor on the power of attorney form. If
  852  the transferee is a licensed motor vehicle dealer who is
  853  transferring the vehicle to a retail purchaser, the dealer shall
  854  make application on behalf of the retail purchaser as provided
  855  in s. 319.23(6) and shall submit the original power of attorney
  856  form to the department with the application for title and the
  857  transferor’s title certificate; otherwise, a dealer may reassign
  858  the title certificate by using the dealer reassignment form in
  859  the manner prescribed in subsection (3), and, at the time of
  860  physical transfer of the vehicle, the original power of attorney
  861  shall be delivered to the person designated as the transferee of
  862  the dealer on the dealer reassignment form. A copy of the
  863  executed power of attorney shall be submitted to the department
  864  with a copy of the executed dealer reassignment form within 5
  865  business days after the certificate of title and dealer
  866  reassignment form are delivered by the dealer to its transferee.
  867         (b) If the certificate of title is lost or otherwise
  868  unavailable, the transferor may give a power of attorney to his
  869  or her transferee for the purpose of odometer disclosure. The
  870  power of attorney must be on a form issued or authorized by the
  871  department, which form must be in compliance with 49 C.F.R. ss.
  872  580.4 and 580.13. The department shall not require the signature
  873  of the transferor to be notarized on the form; however, in lieu
  874  of notarization, the form shall include an affidavit with the
  875  following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
  876  HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
  877  ARE TRUE. The transferee shall sign the power of attorney form,
  878  print his or her name, and return a copy of the power of
  879  attorney form to the transferor. Upon receipt of the title
  880  certificate or a duplicate title certificate, the transferee
  881  shall complete the space for mileage disclosure on the title
  882  certificate exactly as the mileage was disclosed by the
  883  transferor on the power of attorney form. If the transferee is a
  884  licensed motor vehicle dealer who is transferring the vehicle to
  885  a retail purchaser, the dealer shall make application on behalf
  886  of the retail purchaser as provided in s. 319.23(6) and shall
  887  submit the original power of attorney form to the department
  888  with the application for title and the transferor’s title
  889  certificate or duplicate title certificate; otherwise, a dealer
  890  may reassign the title certificate by using the dealer
  891  reassignment form in the manner prescribed in subsection (3),
  892  and, at the time of physical transfer of the vehicle, the
  893  original power of attorney shall be delivered to the person
  894  designated as the transferee of the dealer on the dealer
  895  reassignment form. If the dealer sells the vehicle to an out-of
  896  state resident or an out-of-state dealer and the power of
  897  attorney form is applicable to the transaction, the dealer must
  898  photocopy the completed original of the form and mail it
  899  directly to the department within 5 business days after the
  900  certificate of title and dealer reassignment form are delivered
  901  by the dealer to the purchaser. A copy of the executed power of
  902  attorney shall be submitted to the department with a copy of the
  903  executed dealer reassignment form within 5 business days after
  904  the duplicate certificate of title and dealer reassignment form
  905  are delivered by the dealer to its transferee.
  906         (c) If the mechanics of the transfer of title to a motor
  907  vehicle in accordance with the provisions of paragraph (a) or
  908  paragraph (b) are determined to be incompatible with and
  909  unlawful under the provisions of 49 C.F.R. part 580, the
  910  transfer of title to a motor vehicle by operation of this
  911  subsection can be effected in any manner not inconsistent with
  912  49 C.F.R. part 580 and Florida law; provided, any power of
  913  attorney form issued or authorized by the department under this
  914  subsection shall contain an original, two carbon copies, one of
  915  which shall be submitted directly to the department by the
  916  dealer within 5 business days of use by the dealer to effect
  917  transfer of a title certificate as provided in paragraphs (a)
  918  and (b) and a copy, one of which shall be retained by the dealer
  919  in its records for 5 years.
  920         (d) Any person who fails to complete the information
  921  required by this subsection or to file with the department the
  922  forms required by this subsection commits is guilty of a
  923  misdemeanor of the second degree, punishable as provided in s.
  924  775.082 or s. 775.083. The department shall not issue a
  925  certificate of title unless this subsection has been complied
  926  with.
  927         (7) Subject to approval by the National Highway Safety
  928  Association or any other applicable authority, if a title is
  929  held electronically and the transferee agrees to maintain the
  930  title electronically, the transferor and transferee shall
  931  complete a secure reassignment document that discloses the
  932  odometer reading and is signed by both the transferor and
  933  transferee at the tax collector’s office or license plate
  934  agency. A dealer acquiring a motor vehicle that has an
  935  electronic title shall use a secure reassignment document signed
  936  by the person from whom the dealer acquired the motor vehicle.
  937  Upon transferring the motor vehicle to a purchaser, a separate
  938  reassignment document shall be executed.
  939         (8)(7) Each certificate of title issued by the department
  940  must contain on its reverse side a minimum of three four spaces
  941  for notation of the name and license number of any auction
  942  through which the vehicle is sold and the date the vehicle was
  943  auctioned. Each separate dealer reassignment form issued by the
  944  department must also have the space referred to in this section.
  945  When a transfer of title is made at a motor vehicle auction, the
  946  reassignment must note the name and address of the auction, but
  947  the auction shall not thereby be deemed to be the owner, seller,
  948  transferor, or assignor of title. A motor vehicle auction is
  949  required to execute a dealer reassignment only when it is the
  950  owner of a vehicle being sold.
  951         (9)(8) Upon transfer or reassignment of a used motor
  952  vehicle through the services of an auction, the auction shall
  953  complete the information in the space provided for by subsection
  954  (8) (7). Any person who fails to complete the information as
  955  required by this subsection commits is guilty of a misdemeanor
  956  of the second degree, punishable as provided in s. 775.082 or s.
  957  775.083. The department shall not issue a certificate of title
  958  unless this subsection has been complied with.
  959         (10)(9) This section shall be construed to conform to 49
  960  C.F.R. part 580.
  961         Section 19. Present subsections (7), (8), (9), (10), and
  962  (11) of section 319.23, Florida Statutes, are renumbered as
  963  subsections (8), (9), (10), (11), and (12), respectively, and a
  964  new subsection (7) is added to that section, to read:
  965         319.23 Application for, and issuance of, certificate of
  966  title.—
  967         (7) If an applicant for a certificate of title is unable to
  968  provide the department with a certificate of title that assigns
  969  the prior owner’s interest in the motor vehicle, the department
  970  may accept a bond in the form prescribed by the department,
  971  along with an affidavit in a form prescribed by the department,
  972  which includes verification of the vehicle identification number
  973  and an application for title.
  974         (a) The bond must be:
  975         1. In a form prescribed by the department;
  976         2. Executed by the applicant;
  977         3. Issued by a person authorized to conduct a surety
  978  business in this state;
  979         4. In an amount equal to two times the value of the vehicle
  980  as determined by the department; and
  981         5. Conditioned to indemnify all prior owners and
  982  lienholders and all subsequent purchasers of the vehicle or
  983  persons who acquire a security interest in the vehicle, and
  984  their successors in interest, against any expense, loss, or
  985  damage, including reasonable attorney’s fees, occurring because
  986  of the issuance of the certificate of title for the vehicle or
  987  for a defect in or undisclosed security interest on the right,
  988  title, or interest of the applicant to the vehicle.
  989         (b) An interested person has a right to recover on the bond
  990  for a breach of the bond’s condition. The aggregate liability of
  991  the surety to all persons may not exceed the amount of the bond.
  992         (c) A bond under this subsection expires on the third
  993  anniversary of the date the bond became effective.
  994         (d) The affidavit must:
  995         1. Be in a form prescribed by the department;
  996         2. Include the facts and circumstances through which the
  997  applicant acquired ownership and possession of the motor
  998  vehicle;
  999         3. Disclose that no security interests, liens, or
 1000  encumbrances against the motor vehicle are known to the
 1001  applicant against the motor vehicle; and
 1002         4. State that the applicant has the right to have a
 1003  certificate of title issued.
 1004         Section 20. Paragraph (b) of subsection (2) of section
 1005  319.28, Florida Statutes, is amended to read:
 1006         319.28 Transfer of ownership by operation of law.—
 1007         (2)
 1008         (b) In case of repossession of a motor vehicle or mobile
 1009  home pursuant to the terms of a security agreement or similar
 1010  instrument, an affidavit by the party to whom possession has
 1011  passed stating that the vehicle or mobile home was repossessed
 1012  upon default in the terms of the security agreement or other
 1013  instrument shall be considered satisfactory proof of ownership
 1014  and right of possession. At least 5 days prior to selling the
 1015  repossessed vehicle, any subsequent lienholder named in the last
 1016  issued certificate of title shall be sent notice of the
 1017  repossession by certified mail, on a form prescribed by the
 1018  department. If such notice is given and no written protest to
 1019  the department is presented by a subsequent lienholder within 15
 1020  days from the date on which the notice was mailed, the
 1021  certificate of title or the certificate of repossession shall be
 1022  issued showing no liens. If the former owner or any subsequent
 1023  lienholder files a written protest under oath within such 15-day
 1024  period, the department shall not issue the certificate of title
 1025  or certificate of repossession for 10 days thereafter. If within
 1026  the 10-day period no injunction or other order of a court of
 1027  competent jurisdiction has been served on the department
 1028  commanding it not to deliver the certificate of title or
 1029  certificate of repossession, the department shall deliver the
 1030  certificate of title or repossession to the applicant or as may
 1031  otherwise be directed in the application showing no other liens
 1032  than those shown in the application. Any lienholder who has
 1033  repossessed a vehicle in this state in compliance with the
 1034  provisions of this section must apply to a tax collector’s
 1035  office in this state or to the department for a certificate of
 1036  repossession or to the department for a certificate of title
 1037  pursuant to s. 319.323. Proof of the required notice to
 1038  subsequent lienholders shall be submitted together with regular
 1039  title fees. A lienholder to whom a certificate of repossession
 1040  has been issued may assign the certificate of title to the
 1041  subsequent owner. Any person who violates found guilty of
 1042  violating any requirements of this paragraph commits shall be
 1043  guilty of a felony of the third degree, punishable as provided
 1044  in s. 775.082, s. 775.083, or s. 775.084.
 1045         Section 21. Section 319.323, Florida Statutes, is amended
 1046  to read:
 1047         319.323 Expedited service; applications; fees.—The
 1048  department shall establish a separate title office which may be
 1049  used by private citizens and licensed motor vehicle dealers to
 1050  receive expedited service on title transfers, title issuances,
 1051  duplicate titles, and recordation of liens, and certificates of
 1052  repossession. A fee of $10 shall be charged for this service,
 1053  which fee is in addition to the fees imposed by s. 319.32. The
 1054  fee, after deducting the amount referenced by s. 319.324 and
 1055  $3.50 to be retained by the processing agency, shall be
 1056  deposited into the General Revenue Fund. Application for
 1057  expedited service may be made by mail or in person. The
 1058  department shall issue each title applied for under this section
 1059  within 5 working days after receipt of the application except
 1060  for an application for a duplicate title certificate covered by
 1061  s. 319.23(4), in which case the title must be issued within 5
 1062  working days after compliance with the department’s verification
 1063  requirements.
 1064         Section 22. Section 319.40, Florida Statutes, is amended to
 1065  read:
 1066         319.40 Transactions by electronic or telephonic means.—
 1067         (1) The department may is authorized to accept any
 1068  application provided for under this chapter by electronic or
 1069  telephonic means.
 1070         (2) The department may issue an electronic certificate of
 1071  title in lieu of printing a paper title.
 1072         (3) The department may collect and use electronic mail
 1073  addresses as a notification method in lieu of the United States
 1074  Postal Service.
 1075         Section 23. Present subsections (24) through (45) of
 1076  section 320.01, Florida Statutes, are renumbered as subsections
 1077  (23) through (44), respectively, and present subsections (23),
 1078  (25), and (26) of that section are amended, to read:
 1079         320.01 Definitions, general.—As used in the Florida
 1080  Statutes, except as otherwise provided, the term:
 1081         (23) “Apportioned motor vehicle” means any motor vehicle
 1082  which is required to be registered, or with respect to which an
 1083  election has been made to register it, under the International
 1084  Registration Plan.
 1085         (24)(25) “Apportionable vehicle” means any vehicle, except
 1086  recreational vehicles, vehicles displaying restricted plates,
 1087  city pickup and delivery vehicles, buses used in transportation
 1088  of chartered parties, and government-owned vehicles, which is
 1089  used or intended for use in two or more member jurisdictions
 1090  that allocate or proportionally register vehicles and which is
 1091  used for the transportation of persons for hire or is designed,
 1092  used, or maintained primarily for the transportation of property
 1093  and:
 1094         (a) Is a power unit having a gross vehicle weight in excess
 1095  of 26,000 26,001 pounds;
 1096         (b) Is a power unit having three or more axles, regardless
 1097  of weight; or
 1098         (c) Is used in combination, when the weight of such
 1099  combination exceeds 26,000 26,001 pounds gross vehicle weight.
 1100  
 1101  Vehicles, or combinations thereof, having a gross vehicle weight
 1102  of 26,000 26,001 pounds or less and two-axle vehicles may be
 1103  proportionally registered.
 1104         (25)(26) “Commercial motor vehicle” means any vehicle that
 1105  which is not owned or operated by a governmental entity, that
 1106  which uses special fuel or motor fuel on the public highways,
 1107  and that which has a gross vehicle weight of 26,001 pounds or
 1108  more, or has three or more axles regardless of weight, or is
 1109  used in combination when the weight of such combination exceeds
 1110  26,000 26,001 pounds gross vehicle weight. A vehicle that
 1111  occasionally transports personal property to and from a closed
 1112  course motorsport facility, as defined in s. 549.09(1)(a), is
 1113  not a commercial motor vehicle if the use is not for profit and
 1114  corporate sponsorship is not involved. As used in this
 1115  subsection, the term “corporate sponsorship” means a payment,
 1116  donation, gratuity, in-kind service, or other benefit provided
 1117  to or derived by a person in relation to the underlying
 1118  activity, other than the display of product or corporate names,
 1119  logos, or other graphic information on the property being
 1120  transported.
 1121         Section 24. Subsections (2) and (4) of section 320.02,
 1122  Florida Statutes, are amended, paragraph (o) is added to
 1123  subsection (15) to that section, and subsection (18) is added to
 1124  that section, to read:
 1125         320.02 Registration required; application for registration;
 1126  forms.—
 1127         (2)(a) The application for registration shall include the
 1128  street address of the owner’s permanent residence or the address
 1129  of his or her permanent place of business and shall be
 1130  accompanied by personal or business identification information
 1131  which may include, but need not be limited to, a driver’s
 1132  license number, Florida identification card number, or federal
 1133  employer identification number. If the owner does not have a
 1134  permanent residence or permanent place of business or if the
 1135  owner’s permanent residence or permanent place of business
 1136  cannot be identified by a street address, the application shall
 1137  include:
 1138         1. If the vehicle is registered to a business, the name and
 1139  street address of the permanent residence of an owner of the
 1140  business, an officer of the corporation, or an employee who is
 1141  in a supervisory position.
 1142         2. If the vehicle is registered to an individual, the name
 1143  and street address of the permanent residence of a close
 1144  relative or friend who is a resident of this state.
 1145  
 1146  If the vehicle is registered to an active-duty military member
 1147  who is a Florida resident, the member is exempt from the
 1148  requirement of a Florida residential address.
 1149         (b) The department shall prescribe a form upon which motor
 1150  vehicle owners may record odometer readings when registering
 1151  their motor vehicles.
 1152         (4) The owner of any motor vehicle registered in the state
 1153  shall notify the department in writing of any change of address
 1154  within 20 days of such change. The notification shall include
 1155  the registration license plate number, the vehicle
 1156  identification number (VIN) or title certificate number, year of
 1157  vehicle make, and the owner’s full name. Any owner or registrant
 1158  who possesses a Florida driver’s license or identification card
 1159  and changes residence or mailing address must obtain a
 1160  replacement as provided for in s. 322.19(2) before changing the
 1161  address on the motor vehicle record.
 1162         (15)
 1163         (o) The application form for motor vehicle registration and
 1164  renewal registration must include language permitting the
 1165  voluntary contribution of $1 to End Hunger in Florida. The
 1166  proceeds shall be distributed monthly by the department to the
 1167  Florida Association of Food Banks, Inc., a corporation not for
 1168  profit under s. 501(c)(3) of the Internal Revenue Code. The
 1169  funds shall be used by the organization for the purpose of
 1170  ending hunger in Florida.
 1171  
 1172  For the purpose of applying the service charge provided in s.
 1173  215.20, contributions received under this subsection are not
 1174  income of a revenue nature.
 1175         (18) All electronic registration records shall be retained
 1176  by the department for at least 10 years.
 1177         Section 25. Subsection (9) is added to section 320.023,
 1178  Florida Statutes, to read:
 1179         320.023 Requests to establish voluntary checkoff on motor
 1180  vehicle registration application.—
 1181         (9) The department may annually retain from the first
 1182  proceeds derived from the voluntary contributions collected an
 1183  amount sufficient to defray for each voluntary contribution the
 1184  pro rata share of the department’s costs directly related to the
 1185  voluntary contributions program. Such costs include renewal
 1186  notices, postage, distribution costs, direct costs to the
 1187  department, and costs associated with reviewing each
 1188  organization’s compliance with the audit and attestation
 1189  requirements of this section. The revenues retained by the
 1190  department may not be less than 0.005 percent and may not exceed
 1191  0.015 percent. The balance of the proceeds from the voluntary
 1192  contributions collected shall be distributed as provided by law.
 1193         Section 26. Subsections (7) and (8) of section 320.03,
 1194  Florida Statutes, are amended to read:
 1195         320.03 Registration; duties of tax collectors;
 1196  International Registration Plan.—
 1197         (7) The Department of Highway Safety and Motor Vehicles
 1198  shall register apportionable apportioned motor vehicles under
 1199  the provisions of the International Registration Plan. The
 1200  department may adopt rules to implement and enforce the
 1201  provisions of the plan.
 1202         (8) If the applicant’s name appears on the list referred to
 1203  in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
 1204  plate or revalidation sticker may not be issued until that
 1205  person’s name no longer appears on the list or until the person
 1206  presents a receipt from the governmental entity or the clerk of
 1207  court that provided the data showing that the fines outstanding
 1208  have been paid. This subsection does not apply to the owner of a
 1209  leased vehicle if the vehicle is registered in the name of the
 1210  lessee of the vehicle. The tax collector and the clerk of the
 1211  court are each entitled to receive monthly, as costs for
 1212  implementing and administering this subsection, 10 percent of
 1213  the civil penalties and fines recovered from such persons. As
 1214  used in this subsection, the term “civil penalties and fines”
 1215  does not include a wrecker operator’s lien as described in s.
 1216  713.78(13). If the tax collector has private tag agents, such
 1217  tag agents are entitled to receive a pro rata share of the
 1218  amount paid to the tax collector, based upon the percentage of
 1219  license plates and revalidation stickers issued by the tag agent
 1220  compared to the total issued within the county. The authority of
 1221  any private agent to issue license plates shall be revoked,
 1222  after notice and a hearing as provided in chapter 120, if he or
 1223  she issues any license plate or revalidation sticker contrary to
 1224  the provisions of this subsection. This section applies only to
 1225  the annual renewal in the owner’s birth month of a motor vehicle
 1226  registration and does not apply to the transfer of a
 1227  registration of a motor vehicle sold by a motor vehicle dealer
 1228  licensed under this chapter, except for the transfer of
 1229  registrations which is inclusive of the annual renewals. This
 1230  section does not affect the issuance of the title to a motor
 1231  vehicle, notwithstanding s. 319.23(8)(b) 319.23(7)(b).
 1232         Section 27. Paragraph (b) of subsection (3) and subsection
 1233  (5) of section 320.05, Florida Statutes, are amended to read:
 1234         320.05 Records of the department; inspection procedure;
 1235  lists and searches; fees.—
 1236         (3)
 1237         (b) Fees therefor shall be charged and collected as
 1238  follows:
 1239         1. For providing lists of motor vehicle or vessel records
 1240  for the entire state, or any part or parts thereof, divided
 1241  according to counties, a sum computed at a rate of not less than
 1242  1 cent nor more than 5 cents per item.
 1243         2. For providing noncertified photographic copies of motor
 1244  vehicle or vessel documents, $1 per page.
 1245         3. For providing noncertified photographic copies of
 1246  micrographic records, $1 per page.
 1247         4. For providing certified copies of motor vehicle or
 1248  vessel records, $3 per record.
 1249         5. For providing noncertified computer-generated printouts
 1250  of motor vehicle or vessel records, 50 cents per record.
 1251         6. For providing certified computer-generated printouts of
 1252  motor vehicle or vessel records, $3 per record.
 1253         7. For providing electronic access to motor vehicle,
 1254  vessel, and mobile home registration data requested by tag,
 1255  vehicle identification number, title number, or decal number, 50
 1256  cents per item.
 1257         8. For providing electronic access to driver’s license
 1258  status report by name, sex, and date of birth or by driver
 1259  license number, 50 cents per item.
 1260         9. For providing lists of licensed mobile home dealers and
 1261  manufacturers and recreational vehicle dealers and
 1262  manufacturers, $15 per list.
 1263         10. For providing lists of licensed motor vehicle dealers,
 1264  $25 per list.
 1265         11. For each copy of a videotape record, $15 per tape.
 1266         12. For each copy of the Division of Motor Vehicles
 1267  Procedures Manual, $25.
 1268         (5) The creation and maintenance of records by the Division
 1269  of Motorist Services within the department and the Division of
 1270  Motor Vehicles pursuant to this chapter shall not be regarded as
 1271  law enforcement functions of agency recordkeeping.
 1272         Section 28. Paragraph (d) is added to subsection (1) of
 1273  section 320.06, Florida Statutes, and subsection (5) is added to
 1274  that section, to read:
 1275         320.06 Registration certificates, license plates, and
 1276  validation stickers generally.—
 1277         (1)
 1278         (d) The department may conduct a pilot program to evaluate
 1279  designs, concepts, and technologies for alternative license
 1280  plate technologies. The pilot program shall investigate the
 1281  feasibility and use of alternative license plate technologies
 1282  and shall be limited to license plates that are used on
 1283  government-owned motor vehicles, as defined in s. 320.0655.
 1284  Government license plates in the pilot program are exempt from
 1285  current license plate requirements in s. 320.06(3)(a).
 1286         (5) All license plates issued pursuant to this chapter are
 1287  the property of the State of Florida.
 1288         Section 29. Section 320.061, Florida Statutes, is amended
 1289  to read:
 1290         320.061 Unlawful to alter motor vehicle registration
 1291  certificates, temporary license plates, license plates, mobile
 1292  home stickers, or validation stickers or to obscure license
 1293  plates; penalty.—No person shall alter the original appearance
 1294  of any registration license plate, temporary license plate,
 1295  mobile home sticker, validation sticker, or vehicle registration
 1296  certificate issued for and assigned to any motor vehicle or
 1297  mobile home, whether by mutilation, alteration, defacement, or
 1298  change of color or in any other manner. No person shall apply or
 1299  attach any substance, reflective matter, illuminated device,
 1300  spray, coating, covering, or other material onto or around any
 1301  license plate that interferes with the legibility, angular
 1302  visibility, or detectability of any feature or detail on the
 1303  license plate or interferes with the ability to record any
 1304  feature or detail on the license plate. Any person who violates
 1305  this section commits a noncriminal traffic infraction,
 1306  punishable as a moving violation as provided in chapter 318.
 1307         Section 30. Subsection (1) of section 320.071, Florida
 1308  Statutes, is amended to read:
 1309         320.071 Advance registration renewal; procedures.—
 1310         (1)(a) The owner of any motor vehicle or mobile home
 1311  currently registered in this state may file an application for
 1312  renewal of registration with the department, or its authorized
 1313  agent in the county wherein the owner resides, any time during
 1314  the 3 months preceding the date of expiration of the
 1315  registration period. The registration period may not exceed 27
 1316  months.
 1317         (b) The owner of any apportionable apportioned motor
 1318  vehicle currently registered in this state under the provisions
 1319  of the International Registration Plan may file an application
 1320  for renewal of registration with the department any time during
 1321  the 3 months preceding the date of expiration of the
 1322  registration period.
 1323         Section 31. Subsections (1) and (3) of section 320.0715,
 1324  Florida Statutes, are amended to read:
 1325         320.0715 International Registration Plan; motor carrier
 1326  services; permits; retention of records.—
 1327         (1) All apportionable commercial motor vehicles domiciled
 1328  in this state and engaged in interstate commerce shall be
 1329  registered in accordance with the provisions of the
 1330  International Registration Plan and shall display apportioned
 1331  license plates.
 1332         (3)(a) If the department is unable to immediately issue the
 1333  apportioned license plate to an applicant currently registered
 1334  in this state under the International Registration Plan or to a
 1335  vehicle currently titled in this state, the department or its
 1336  designated agent is authorized to issue a 60-day temporary
 1337  operational permit. The department or agent of the department
 1338  shall charge a $3 fee and the service charge authorized by s.
 1339  320.04 for each temporary operational permit it issues.
 1340         (b) The department shall in no event issue a temporary
 1341  operational permit for any apportionable commercial motor
 1342  vehicle to any applicant until the applicant has shown that:
 1343         1. All sales or use taxes due on the registration of the
 1344  vehicle are paid; and
 1345         2. Insurance requirements have been met in accordance with
 1346  ss. 320.02(5) and 627.7415.
 1347         (c) Issuance of a temporary operational permit provides
 1348  commercial motor vehicle registration privileges in each
 1349  International Registration Plan member jurisdiction designated
 1350  on said permit and therefore requires payment of all applicable
 1351  registration fees and taxes due for that period of registration.
 1352         (d) Application for permanent registration must be made to
 1353  the department within 10 days following from issuance of a
 1354  temporary operational permit. Failure to file an application
 1355  within this 10-day period may result in cancellation of the
 1356  temporary operational permit.
 1357         Section 32. Paragraph (d) of subsection (5) of section
 1358  320.08, Florida Statutes, is amended to read:
 1359         320.08 License taxes.—Except as otherwise provided herein,
 1360  there are hereby levied and imposed annual license taxes for the
 1361  operation of motor vehicles, mopeds, motorized bicycles as
 1362  defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
 1363  and mobile homes, as defined in s. 320.01, which shall be paid
 1364  to and collected by the department or its agent upon the
 1365  registration or renewal of registration of the following:
 1366         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
 1367  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
 1368         (d) A wrecker, as defined in s. 320.01(40), which is used
 1369  to tow a vessel as defined in s. 327.02(39), a disabled,
 1370  abandoned, stolen-recovered, or impounded motor vehicle as
 1371  defined in s. 320.01(38), or a replacement motor vehicle as
 1372  defined in s. 320.01(39): $41 flat, of which $11 shall be
 1373  deposited into the General Revenue Fund.
 1374         Section 33. Subsection (1) of section 320.0847, Florida
 1375  Statutes, is amended to read:
 1376         320.0847 Mini truck and low-speed vehicle license plates.—
 1377         (1) The department shall issue a license plate to the owner
 1378  or lessee of any vehicle registered as a low-speed vehicle as
 1379  defined in s. 320.01(42) or a mini truck as defined in s.
 1380  320.01(45) upon payment of the appropriate license taxes and
 1381  fees prescribed in s. 320.08.
 1382         Section 34. Subsection (4) of section 320.0848, Florida
 1383  Statutes, is amended to read:
 1384         320.0848 Persons who have disabilities; issuance of
 1385  disabled parking permits; temporary permits; permits for certain
 1386  providers of transportation services to persons who have
 1387  disabilities.—
 1388         (4) From the proceeds of the temporary disabled parking
 1389  permit fees:
 1390         (a) The Department of Highway Safety and Motor Vehicles
 1391  must receive $3.50 for each temporary permit, to be deposited
 1392  into the Highway Safety Operating Trust Fund and used for
 1393  implementing the real-time disabled parking permit database and
 1394  for administering the disabled parking permit program.
 1395         (b) The tax collector, for processing, must receive $2.50
 1396  for each temporary permit.
 1397         (c) The remainder must be distributed monthly as follows:
 1398         1. To the Florida Endowment Foundation for Vocational
 1399  Rehabilitation, known as The Able Trust,” Florida Governor’s
 1400  Alliance for the Employment of Disabled Citizens for the purpose
 1401  of improving employment and training opportunities for persons
 1402  who have disabilities, with special emphasis on removing
 1403  transportation barriers, $4. These fees must be directly
 1404  deposited into the Florida Endowment Foundation for Vocational
 1405  Rehabilitation as established in s. 413.615 Transportation
 1406  Disadvantaged Trust Fund for transfer to the Florida Governor’s
 1407  Alliance for Employment of Disabled Citizens.
 1408         2. To the Transportation Disadvantaged Trust Fund to be
 1409  used for funding matching grants to counties for the purpose of
 1410  improving transportation of persons who have disabilities, $5.
 1411         Section 35. Paragraphs (a) and (b) of subsection (2) of
 1412  section 320.275, Florida Statutes, are amended to read:
 1413         320.275 Automobile Dealers Industry Advisory Board.—
 1414         (2) MEMBERSHIP, TERMS, MEETINGS.—
 1415         (a) The board shall be composed of 12 members. The
 1416  executive director of the Department of Highway Safety and Motor
 1417  Vehicles shall appoint the members from names submitted by the
 1418  entities for the designated categories the member will
 1419  represent. The executive director shall appoint one
 1420  representative of the Department of Highway Safety and Motor
 1421  Vehicles, who must represent the Division of Motor Vehicles; two
 1422  representatives of the independent motor vehicle industry as
 1423  recommended by the Florida Independent Automobile Dealers
 1424  Association; two representatives of the franchise motor vehicle
 1425  industry as recommended by the Florida Automobile Dealers
 1426  Association; one representative of the auction motor vehicle
 1427  industry who is from an auction chain and is recommended by a
 1428  group affiliated with the National Auto Auction Association; one
 1429  representative of the auction motor vehicle industry who is from
 1430  an independent auction and is recommended by a group affiliated
 1431  with the National Auto Auction Association; one representative
 1432  from the Department of Revenue; a Florida tax collector
 1433  representative recommended by the Florida Tax Collectors
 1434  Association; one representative from the Better Business Bureau;
 1435  one representative from the Department of Agriculture and
 1436  Consumer Services, who must represent the Division of Consumer
 1437  Services; and one representative of the insurance industry who
 1438  writes motor vehicle dealer surety bonds.
 1439         (b)1. The executive director shall appoint the following
 1440  initial members to 1-year terms: one representative from the
 1441  motor vehicle auction industry who represents an auction chain,
 1442  one representative from the independent motor vehicle industry,
 1443  one representative from the franchise motor vehicle industry,
 1444  one representative from the Department of Revenue, one Florida
 1445  tax collector, and one representative from the Better Business
 1446  Bureau.
 1447         2. The executive director shall appoint the following
 1448  initial members to 2-year terms: one representative from the
 1449  motor vehicle auction industry who represents an independent
 1450  auction, one representative from the independent motor vehicle
 1451  industry, one representative from the franchise motor vehicle
 1452  industry, one representative from the Division of Consumer
 1453  Services, one representative from the insurance industry, and
 1454  one representative from the department Division of Motor
 1455  Vehicles.
 1456         3. As the initial terms expire, the executive director
 1457  shall appoint successors from the same designated category for
 1458  terms of 2 years. If renominated, a member may succeed himself
 1459  or herself.
 1460         4. The board shall appoint a chair and vice chair at its
 1461  initial meeting and every 2 years thereafter.
 1462         Section 36. Subsection (1) of section 320.771, Florida
 1463  Statutes, is amended to read:
 1464         320.771 License required of recreational vehicle dealers.—
 1465         (1) DEFINITIONS.—As used in this section:
 1466         (a) “Dealer” means any person engaged in the business of
 1467  buying, selling, or dealing in recreational vehicles or offering
 1468  or displaying recreational vehicles for sale. The term “dealer”
 1469  includes a recreational vehicle broker. Any person who buys,
 1470  sells, deals in, or offers or displays for sale, or who acts as
 1471  the agent for the sale of, one or more recreational vehicles in
 1472  any 12-month period shall be prima facie presumed to be a
 1473  dealer. The terms “selling” and “sale” include lease-purchase
 1474  transactions. The term “dealer” does not include banks, credit
 1475  unions, and finance companies that acquire recreational vehicles
 1476  as an incident to their regular business and does not include
 1477  mobile home rental and leasing companies that sell recreational
 1478  vehicles to dealers licensed under this section. A licensed
 1479  dealer may transact business in recreational vehicles with a
 1480  motor vehicle auction as defined in s. 320.27(1)(c)4. Further, a
 1481  licensed dealer may, at retail or wholesale, sell a motor
 1482  vehicle, as described in s. 320.01(1)(a), acquired in exchange
 1483  for the sale of a recreational vehicle, if such acquisition is
 1484  incidental to the principal business of being a recreational
 1485  vehicle dealer. However, a recreational vehicle dealer may not
 1486  buy a motor vehicle for the purpose of resale unless licensed as
 1487  a motor vehicle dealer pursuant to s. 320.27.
 1488         (b) “Recreational vehicle broker” means any person who is
 1489  engaged in the business of offering to procure or procuring used
 1490  recreational vehicles for the general public; who holds himself
 1491  or herself out through solicitation, advertisement, or otherwise
 1492  as one who offers to procure or procures used recreational
 1493  vehicles for the general public; or who acts as the agent or
 1494  intermediary on behalf of the owner or seller of a used
 1495  recreational vehicle which is for sale or who assists or
 1496  represents the seller in finding a buyer for the recreational
 1497  vehicle.
 1498         (c) For the purposes of this section, the term
 1499  “recreational vehicle” does not include any camping trailer, as
 1500  defined in s. 320.01(1)(b)2.
 1501         (d) A dealer may apply for a certificate of title to a
 1502  recreational vehicle required to be registered under s.
 1503  320.08(9) using a manufacturer’s statement of origin as
 1504  permitted by s. 319.23(1) only if such dealer is authorized by a
 1505  manufacturer/dealer agreement as defined in s. 320.3202(8) on
 1506  file with the department to buy, sell, or deal in that
 1507  particular line-make of recreational vehicle and is authorized
 1508  by such agreement to perform delivery and preparation
 1509  obligations and warranty defect adjustments on that line-make.
 1510         Section 37. Section 320.95, Florida Statutes, is amended to
 1511  read:
 1512         320.95 Transactions by electronic or telephonic means.—
 1513         (1) The department may is authorized to accept any
 1514  application provided for under this chapter by electronic or
 1515  telephonic means.
 1516         (2) The department may collect and use electronic mail
 1517  addresses for the purpose of providing renewal notices in lieu
 1518  of the United States Postal Service.
 1519         Section 38. Section 321.02, Florida Statutes, is amended to
 1520  read:
 1521         321.02 Powers and duties of department, highway patrol.—The
 1522  director of the Division of Highway Patrol of the Department of
 1523  Highway Safety and Motor Vehicles shall be designated the
 1524  Colonel also be the commander of the Florida Highway Patrol. The
 1525  said department shall set up and promulgate rules and
 1526  regulations by which the personnel of the Florida Highway Patrol
 1527  officers shall be examined, employed, trained, located,
 1528  suspended, reduced in rank, discharged, recruited, paid and
 1529  pensioned, subject to civil service provisions hereafter set
 1530  out. The department may enter into contracts or agreements, with
 1531  or without competitive bidding or procurement, to make
 1532  available, on a fair, reasonable, nonexclusive, and
 1533  nondiscriminatory basis, property and other structures under
 1534  division control for the placement of new facilities by any
 1535  wireless provider of mobile service as defined in 47 U.S.C. s.
 1536  153(27) or s. 332(d), and any telecommunications company as
 1537  defined in s. 364.02 when it is determined to be practical and
 1538  feasible to make such property or other structures available.
 1539  The department may, without adopting a rule, charge a just,
 1540  reasonable, and nondiscriminatory fee for placement of the
 1541  facilities, payable annually, based on the fair market value of
 1542  space used by comparable communications facilities in the state.
 1543  The department and a wireless provider or telecommunications
 1544  company may negotiate the reduction or elimination of a fee in
 1545  consideration of services provided to the division by the
 1546  wireless provider or the telecommunications company. All such
 1547  fees collected by the department shall be deposited directly
 1548  into the State Agency Law Enforcement Radio System Trust Fund,
 1549  and may be used to construct, maintain, or support the system.
 1550  The department is further specifically authorized to purchase,
 1551  sell, trade, rent, lease and maintain all necessary equipment,
 1552  uniforms, motor vehicles, communication systems, housing
 1553  facilities, office space, and perform any other acts necessary
 1554  for the proper administration and enforcement of this chapter.
 1555  However, all supplies and equipment consisting of single items
 1556  or in lots shall be purchased under the requirements of s.
 1557  287.057. Purchases shall be made by accepting the bid of the
 1558  lowest responsive bidder, the right being reserved to reject all
 1559  bids. The department shall prescribe a distinctive uniform and
 1560  distinctive emblem to be worn by all officers of the Florida
 1561  Highway Patrol. It shall be unlawful for any other person or
 1562  persons to wear a similar uniform or emblem, or any part or
 1563  parts thereof. The department shall also prescribe distinctive
 1564  colors for use on motor vehicles and motorcycles operated by the
 1565  Florida Highway Patrol. The prescribed colors shall be referred
 1566  to as “Florida Highway Patrol black and tan.”
 1567         Section 39. Subsection (3) of section 322.02, Florida
 1568  Statutes, is amended to read:
 1569         322.02 Legislative intent; administration.—
 1570         (3) The department shall employ a director, who is charged
 1571  with the duty of serving as the executive officer of the
 1572  Division of Motorist Services within Driver Licenses of the
 1573  department insofar as the administration of this chapter is
 1574  concerned. He or she shall be subject to the supervision and
 1575  direction of the department, and his or her official actions and
 1576  decisions as executive officer shall be conclusive unless the
 1577  same are superseded or reversed by the department or by a court
 1578  of competent jurisdiction.
 1579         Section 40. Subsection (1) of section 322.04, Florida
 1580  Statutes, is amended to read:
 1581         322.04 Persons exempt from obtaining driver’s license.—
 1582         (1) The following persons are exempt from obtaining a
 1583  driver’s license:
 1584         (a) Any employee of the United States Government, while
 1585  operating a noncommercial motor vehicle owned by or leased to
 1586  the United States Government and being operated on official
 1587  business.
 1588         (b) Any person while driving or operating any road machine,
 1589  farm tractor, or implement of husbandry temporarily operated or
 1590  moved on a highway.
 1591         (c) A nonresident who is at least 16 years of age and who
 1592  has in his or her immediate possession a valid noncommercial
 1593  driver’s license issued to the nonresident in his or her home
 1594  state or country, may operate a motor vehicle of the type for
 1595  which a Class E driver’s license is required in this state if he
 1596  or she has in their immediate possession:
 1597         1. A valid noncommercial driver’s license issued in his or
 1598  her name from another state or territory of the United States;
 1599  or
 1600         2. An International Driving Permit issued in his or her
 1601  name by their country of residence.
 1602         (d) A nonresident who is at least 18 years of age and who
 1603  has in his or her immediate possession a valid noncommercial
 1604  driver’s license issued to the nonresident in his or her home
 1605  state or country may operate a motor vehicle, other than a
 1606  commercial motor vehicle, in this state.
 1607         (d)(e) Any person operating a golf cart, as defined in s.
 1608  320.01, which is operated in accordance with the provisions of
 1609  s. 316.212.
 1610         Section 41. Paragraph (a) of subsection (1) of section
 1611  322.051, Florida Statutes, is amended, and subsection (9) is
 1612  added to that section, to read:
 1613         322.051 Identification cards.—
 1614         (1) Any person who is 5 years of age or older, or any
 1615  person who has a disability, regardless of age, who applies for
 1616  a disabled parking permit under s. 320.0848, may be issued an
 1617  identification card by the department upon completion of an
 1618  application and payment of an application fee.
 1619         (a) Each such application shall include the following
 1620  information regarding the applicant:
 1621         1. Full name (first, middle or maiden, and last), gender,
 1622  proof of social security card number satisfactory to the
 1623  department, county of residence, mailing address, proof of
 1624  residential address satisfactory to the department, country of
 1625  birth, and a brief description.
 1626         2. Proof of birth date satisfactory to the department.
 1627         3. Proof of identity satisfactory to the department. Such
 1628  proof must include one of the following documents issued to the
 1629  applicant:
 1630         a. A driver’s license record or identification card record
 1631  from another jurisdiction that required the applicant to submit
 1632  a document for identification which is substantially similar to
 1633  a document required under sub-subparagraph b., sub-subparagraph
 1634  c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
 1635  f., sub-subparagraph g., or sub-subparagraph h.;
 1636         b. A certified copy of a United States birth certificate;
 1637         c. A valid, unexpired United States passport;
 1638         d. A naturalization certificate issued by the United States
 1639  Department of Homeland Security;
 1640         e. A valid, unexpired alien registration receipt card
 1641  (green card);
 1642         f. A Consular Report of Birth Abroad provided by the United
 1643  States Department of State;
 1644         g. An unexpired employment authorization card issued by the
 1645  United States Department of Homeland Security; or
 1646         h. Proof of nonimmigrant classification provided by the
 1647  United States Department of Homeland Security, for an original
 1648  identification card. In order to prove such nonimmigrant
 1649  classification, applicants must provide at least one of may
 1650  produce but are not limited to the following documents, and, in
 1651  addition, the department may require other documents for the
 1652  sole purpose of establishing the maintenance of or efforts to
 1653  maintain continuous lawful presence:
 1654         (I) A notice of hearing from an immigration court
 1655  scheduling a hearing on any proceeding.
 1656         (II) A notice from the Board of Immigration Appeals
 1657  acknowledging pendency of an appeal.
 1658         (III) Notice of the approval of an application for
 1659  adjustment of status issued by the United States Bureau of
 1660  Citizenship and Immigration Services.
 1661         (IV) Any official documentation confirming the filing of a
 1662  petition for asylum or refugee status or any other relief issued
 1663  by the United States Bureau of Citizenship and Immigration
 1664  Services.
 1665         (V) Notice of action transferring any pending matter from
 1666  another jurisdiction to Florida, issued by the United States
 1667  Bureau of Citizenship and Immigration Services.
 1668         (VI) Order of an immigration judge or immigration officer
 1669  granting any relief that authorizes the alien to live and work
 1670  in the United States including, but not limited to asylum.
 1671         (VII) Evidence that an application is pending for
 1672  adjustment of status to that of an alien lawfully admitted for
 1673  permanent residence in the United States or conditional
 1674  permanent resident status in the United States, if a visa number
 1675  is available having a current priority date for processing by
 1676  the United States Bureau of Citizenship and Immigration
 1677  Services.
 1678         (VIII) On or after January 1, 2010, an unexpired foreign
 1679  passport with an unexpired United States Visa affixed,
 1680  accompanied by an approved I-94, documenting the most recent
 1681  admittance into the United States.
 1682  
 1683  An identification card issued based on documents required
 1684  Presentation of any of the documents described in sub
 1685  subparagraph g. or sub-subparagraph h. is valid entitles the
 1686  applicant to an identification card for a period not to exceed
 1687  the expiration date of the document presented or 1 year,
 1688  whichever first occurs.
 1689         (9) Notwithstanding any other provision of this section or
 1690  s. 322.21 to the contrary, the department shall issue or renew a
 1691  card at no charge to a person who presents good cause for a fee
 1692  waiver.
 1693         Section 42. Subsection (4) of section 322.058, Florida
 1694  Statutes, is amended to read:
 1695         322.058 Suspension of driving privileges due to support
 1696  delinquency; reinstatement.—
 1697         (4) This section applies only to the annual renewal in the
 1698  owner’s birth month of a motor vehicle registration and does not
 1699  apply to the transfer of a registration of a motor vehicle sold
 1700  by a motor vehicle dealer licensed under chapter 320, except for
 1701  the transfer of registrations which is inclusive of the annual
 1702  renewals. This section does not affect the issuance of the title
 1703  to a motor vehicle, notwithstanding s. 319.23(8)(b)
 1704  319.23(7)(b).
 1705         Section 43. Section 322.065, Florida Statutes, is amended
 1706  to read:
 1707         322.065 Driver’s license expired for 6 4 months or less;
 1708  penalties.—Any person whose driver’s license has been expired
 1709  for 6 4 months or less and who drives a motor vehicle upon the
 1710  highways of this state commits is guilty of an infraction and is
 1711  subject to the penalty provided in s. 318.18.
 1712         Section 44. Subsection (3) of section 322.07, Florida
 1713  Statutes, is amended to read:
 1714         322.07 Instruction permits and temporary licenses.—
 1715         (3) Any person who, except for his or her lack of
 1716  instruction in operating a commercial motor vehicle, would
 1717  otherwise be qualified to obtain a commercial driver’s license
 1718  under this chapter, may apply for a temporary commercial
 1719  instruction permit. The department shall issue such a permit
 1720  entitling the applicant, while having the permit in his or her
 1721  immediate possession, to drive a commercial motor vehicle on the
 1722  highways, provided that:
 1723         (a) The applicant possesses a valid Florida driver’s
 1724  license issued in any state; and
 1725         (b) The applicant, while operating a commercial motor
 1726  vehicle, is accompanied by a licensed driver who is 21 years of
 1727  age or older, who is licensed to operate the class of vehicle
 1728  being operated, and who is actually occupying the closest seat
 1729  to the right of the driver.
 1730         Section 45. Subsection (2) of section 322.08, Florida
 1731  Statutes, is amended, and subsection (8) is added to that
 1732  section, to read:
 1733         322.08 Application for license; requirements for license
 1734  and identification card forms.—
 1735         (2) Each such application shall include the following
 1736  information regarding the applicant:
 1737         (a) Full name (first, middle or maiden, and last), gender,
 1738  proof of social security card number satisfactory to the
 1739  department, county of residence, mailing address, proof of
 1740  residential address satisfactory to the department, country of
 1741  birth, and a brief description.
 1742         (b) Proof of birth date satisfactory to the department.
 1743         (c) Proof of identity satisfactory to the department. Such
 1744  proof must include one of the following documents issued to the
 1745  applicant:
 1746         1. A driver’s license record or identification card record
 1747  from another jurisdiction that required the applicant to submit
 1748  a document for identification which is substantially similar to
 1749  a document required under subparagraph 2., subparagraph 3.,
 1750  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
 1751  7., or subparagraph 8.;
 1752         2. A certified copy of a United States birth certificate;
 1753         3. A valid, unexpired United States passport;
 1754         4. A naturalization certificate issued by the United States
 1755  Department of Homeland Security;
 1756         5. A valid, unexpired alien registration receipt card
 1757  (green card);
 1758         6. A Consular Report of Birth Abroad provided by the United
 1759  States Department of State;
 1760         7. An unexpired employment authorization card issued by the
 1761  United States Department of Homeland Security; or
 1762         8. Proof of nonimmigrant classification provided by the
 1763  United States Department of Homeland Security, for an original
 1764  driver’s license. In order to prove nonimmigrant classification,
 1765  an applicant must provide at least one of the following
 1766  documents; in addition, the department may require other
 1767  documents for the sole purpose of establishing the maintenance
 1768  of or efforts to maintain continuous lawful presence may produce
 1769  the following documents, including, but not limited to:
 1770         a. A notice of hearing from an immigration court scheduling
 1771  a hearing on any proceeding.
 1772         b. A notice from the Board of Immigration Appeals
 1773  acknowledging pendency of an appeal.
 1774         c. A notice of the approval of an application for
 1775  adjustment of status issued by the United States Bureau of
 1776  Citizenship and Immigration Services.
 1777         d. Any official documentation confirming the filing of a
 1778  petition for asylum or refugee status or any other relief issued
 1779  by the United States Bureau of Citizenship and Immigration
 1780  Services.
 1781         e. A notice of action transferring any pending matter from
 1782  another jurisdiction to this state issued by the United States
 1783  Bureau of Citizenship and Immigration Services.
 1784         f. An order of an immigration judge or immigration officer
 1785  granting any relief that authorizes the alien to live and work
 1786  in the United States, including, but not limited to, asylum.
 1787         g. Evidence that an application is pending for adjustment
 1788  of status to that of an alien lawfully admitted for permanent
 1789  residence in the United States or conditional permanent resident
 1790  status in the United States, if a visa number is available
 1791  having a current priority date for processing by the United
 1792  States Bureau of Citizenship and Immigration Services.
 1793         h. On or after January 1, 2010, an unexpired foreign
 1794  passport with an unexpired United States Visa affixed,
 1795  accompanied by an approved I-94, documenting the most recent
 1796  admittance into the United States.
 1797  
 1798  A driver’s license or temporary permit issued based on documents
 1799  required Presentation of any of the documents in subparagraph 7.
 1800  or subparagraph 8. is valid entitles the applicant to a driver’s
 1801  license or temporary permit for a period not to exceed the
 1802  expiration date of the document presented or 1 year, whichever
 1803  occurs first.
 1804         (d) Whether the applicant has previously been licensed to
 1805  drive, and, if so, when and by what state, and whether any such
 1806  license or driving privilege has ever been disqualified,
 1807  revoked, or suspended, or whether an application has ever been
 1808  refused, and, if so, the date of and reason for such
 1809  disqualification, suspension, revocation, or refusal.
 1810         (e) Each such application may include fingerprints and
 1811  other unique biometric means of identity.
 1812         (8) The department may collect and use electronic mail
 1813  addresses for the purpose of providing renewal notices in lieu
 1814  of the United State Postal Service.
 1815         Section 46. Subsection (9) is added to section 322.081,
 1816  Florida Statutes, to read:
 1817         322.081 Requests to establish voluntary checkoff on
 1818  driver’s license application.—
 1819         (9) The department may annually retain from the first
 1820  proceeds derived from the voluntary contributions collected an
 1821  amount sufficient to defray for each voluntary contribution the
 1822  pro rata share of the department’s costs directly related to the
 1823  voluntary contributions program. Such costs include renewal
 1824  notices, postage, distribution costs, direct costs to the
 1825  department, and costs associated with reviewing each
 1826  organizations compliance with the audit and attestation
 1827  requirements of this section. The revenues retained by the
 1828  department may not be less than 0.005 percent and may not exceed
 1829  0.015 percent. The balance of the proceeds from the voluntary
 1830  contributions collected shall be distributed as provided by law.
 1831         Section 47. Subsection (5) of section 322.12, Florida
 1832  Statutes, is amended to read:
 1833         322.12 Examination of applicants.—
 1834         (5)(a)The department shall formulate a separate
 1835  examination for applicants for licenses to operate motorcycles.
 1836  Any applicant for a driver’s license who wishes to operate a
 1837  motorcycle, and who is otherwise qualified, must successfully
 1838  complete such an examination, which is in addition to the
 1839  examination administered under subsection (3). The examination
 1840  must test the applicant’s knowledge of the operation of a
 1841  motorcycle and of any traffic laws specifically relating thereto
 1842  and must include an actual demonstration of his or her ability
 1843  to exercise ordinary and reasonable control in the operation of
 1844  a motorcycle. Any applicant who fails to pass the initial
 1845  knowledge examination will incur a $5 fee for each subsequent
 1846  examination, to be deposited into the Highway Safety Operating
 1847  Trust Fund. Any applicant who fails to pass the initial skills
 1848  examination will incur a $10 fee for each subsequent
 1849  examination, to be deposited into the Highway Safety Operating
 1850  Trust Fund. In the formulation of the examination, the
 1851  department shall consider the use of the Motorcycle Operator
 1852  Skills Test and the Motorcycle in Traffic Test offered by the
 1853  Motorcycle Safety Foundation. The department shall indicate on
 1854  the license of any person who successfully completes the
 1855  examination that the licensee is authorized to operate a
 1856  motorcycle. If the applicant wishes to be licensed to operate a
 1857  motorcycle only, he or she need not take the skill or road test
 1858  required under subsection (3) for the operation of a motor
 1859  vehicle, and the department shall indicate such a limitation on
 1860  his or her license as a restriction. Every first-time applicant
 1861  for licensure to operate a motorcycle must provide proof of
 1862  completion of a motorcycle safety course, as provided for in s.
 1863  322.0255, which shall include a final examination before the
 1864  applicant may be licensed to operate a motorcycle. The
 1865  department shall indicate on the license of any person who
 1866  successfully completes the course that the licensee is
 1867  authorized to operate a motorcycle. If the applicant wishes to
 1868  be licensed to operate a motorcycle only, he or she need not
 1869  take the skill or road test required under subsection (3) for
 1870  the operation of a motor vehicle, and the department shall
 1871  indicate such a limitation on his or her license as a
 1872  restriction.
 1873         (b) The department may exempt any applicant from the
 1874  examination provided in this subsection if the applicant
 1875  presents a certificate showing successful completion of a course
 1876  approved by the department, which course includes a similar
 1877  examination of the knowledge and skill of the applicant in the
 1878  operation of a motorcycle.
 1879         Section 48. Subsection (5) of section 322.121, Florida
 1880  Statutes, is amended to read:
 1881         322.121 Periodic reexamination of all drivers.—
 1882         (5) Members of the Armed Forces, or their dependents
 1883  residing with them, shall be granted an automatic extension for
 1884  the expiration of their Class E licenses without reexamination
 1885  while serving on active duty outside this state. This extension
 1886  is valid for 90 days after the member of the Armed Forces is
 1887  either discharged or returns to this state to live.
 1888         Section 49. Paragraph (a) of subsection (1) of section
 1889  322.14, Florida Statutes, is amended to read:
 1890         322.14 Licenses issued to drivers.—
 1891         (1)(a) The department shall, upon successful completion of
 1892  all required examinations and payment of the required fee, issue
 1893  to every applicant qualifying therefor, a driver’s license as
 1894  applied for, which license shall bear thereon a color photograph
 1895  or digital image of the licensee; the name of the state; a
 1896  distinguishing number assigned to the licensee; and the
 1897  licensee’s full name, date of birth, and residence address; a
 1898  brief description of the licensee, including, but not limited
 1899  to, the licensee’s gender and height; and the dates of issuance
 1900  and expiration of the license. A space shall be provided upon
 1901  which the licensee shall affix his or her usual signature. No
 1902  license shall be valid until it has been so signed by the
 1903  licensee except that the signature of said licensee shall not be
 1904  required if it appears thereon in facsimile or if the licensee
 1905  is not present within the state at the time of issuance.
 1906  Applicants qualifying to receive a Class A, Class B, or Class C
 1907  driver’s license must appear in person within the state for
 1908  issuance of a color photographic or digital imaged driver’s
 1909  license pursuant to s. 322.142.
 1910         Section 50. Subsections (9), (10), (13), (14), and (16) of
 1911  section 322.20, Florida Statutes, are amended to read:
 1912         322.20 Records of the department; fees; destruction of
 1913  records.—
 1914         (9) The department may, upon application, furnish to any
 1915  person, from its the records of the Division of Driver Licenses,
 1916  a list of the names, addresses, and birth dates of the licensed
 1917  drivers of the entire state or any portion thereof by age group.
 1918  In addition, the department may furnish to the courts, for the
 1919  purpose of establishing jury selection lists, the names,
 1920  addresses, and birth dates of the persons of the entire state or
 1921  any portion thereof by age group having identification cards
 1922  issued by the department. Each person who requests such
 1923  information shall pay a fee, set by the department, of 1 cent
 1924  per name listed, except that the department shall furnish such
 1925  information without charge to the courts for the purpose of jury
 1926  selection or to any state agency or to any state attorney,
 1927  sheriff, or chief of police. Such court, state agency, state
 1928  attorney, or law enforcement agency may not sell, give away, or
 1929  allow the copying of such information. Noncompliance with this
 1930  prohibition shall authorize the department to charge the
 1931  noncomplying court, state agency, state attorney, or law
 1932  enforcement agency the appropriate fee for any subsequent lists
 1933  requested. The department may adopt rules necessary to implement
 1934  this subsection.
 1935         (10) The department Division of Driver Licenses is
 1936  authorized, upon application of any person and payment of the
 1937  proper fees, to search and to assist such person in the search
 1938  of the records of the department and make reports thereof and to
 1939  make photographic copies of the departmental records and
 1940  attestations thereof.
 1941         (13) The department Division of Driver Licenses shall
 1942  implement a system that allows either parent of a minor, or a
 1943  guardian, or other responsible adult who signed a minor’s
 1944  application for a driver’s license to have Internet access
 1945  through a secure website to inspect the minor’s driver history
 1946  record. Internet access to driver history records granted to a
 1947  minor’s parents, guardian, or other responsible adult shall be
 1948  furnished by the department at no fee and shall terminate when
 1949  the minor attains 18 years of age.
 1950         (14) The department is authorized in accordance with
 1951  chapter 257 to destroy reports, records, documents, papers, and
 1952  correspondence in the department Division of Driver Licenses
 1953  which are considered obsolete.
 1954         (16) The creation and maintenance of records by the
 1955  Division of Motorist Services within the department and the
 1956  Division of Driver Licenses pursuant to this chapter shall not
 1957  be regarded as law enforcement functions of agency
 1958  recordkeeping.
 1959         Section 51. Section 322.202, Florida Statutes, is amended
 1960  to read:
 1961         322.202 Admission of evidence obtained from the Division of
 1962  Motorist Services Driver Licenses and the Division of Motor
 1963  Vehicles.—
 1964         (1) The Legislature finds that the Division of Motorist
 1965  Services Driver Licenses and the Division of Motor Vehicles of
 1966  the Department of Highway Safety and Motor Vehicles is are not a
 1967  law enforcement agency agencies. The Legislature also finds that
 1968  the division is divisions are not an adjunct adjuncts of any law
 1969  enforcement agency in that employees have no stake in particular
 1970  prosecutions. The Legislature further finds that errors in
 1971  records maintained by the Division of Motorist Services
 1972  divisions are not within the collective knowledge of any law
 1973  enforcement agency. The Legislature also finds that the mission
 1974  missions of the Division of Motorist Services Driver Licenses,
 1975  the Division of Motor Vehicles, and the Department of Highway
 1976  Safety and Motor Vehicles provides provide a sufficient
 1977  incentive to maintain records in a current and correct fashion.
 1978         (2) The Legislature finds that the purpose of the
 1979  exclusionary rule is to deter misconduct on the part of law
 1980  enforcement officers and law enforcement agencies.
 1981         (3) The Legislature finds that the application of the
 1982  exclusionary rule to cases where a law enforcement officer
 1983  effects an arrest based on objectively reasonable reliance on
 1984  information obtained from the divisions is repugnant to the
 1985  purposes of the exclusionary rule and contrary to the decisions
 1986  of the United States Supreme Court in Arizona v. Evans, 514 U.S.
 1987  1 (1995) and United States v. Leon, 468 U.S. 897 (1984).
 1988         (4) In any case where a law enforcement officer effects an
 1989  arrest based on objectively reasonable reliance on information
 1990  obtained from the divisions, evidence found pursuant to such an
 1991  arrest shall not be suppressed by application of the
 1992  exclusionary rule on the grounds that the arrest is subsequently
 1993  determined to be unlawful due to erroneous information obtained
 1994  from the divisions.
 1995         Section 52. Subsections (2) and (4) of section 322.21,
 1996  Florida Statutes, are amended to read:
 1997         322.21 License fees; procedure for handling and collecting
 1998  fees.—
 1999         (2) It is the duty of the Director of the Division of
 2000  Motorist Services to provide Driver Licenses to set up a
 2001  division in the department with the necessary personnel to
 2002  perform the necessary clerical and routine work for the
 2003  department in issuing and recording applications, licenses, and
 2004  certificates of eligibility, including the receiving and
 2005  accounting of all license funds and their payment into the State
 2006  Treasury, and other incidental clerical work connected with the
 2007  administration of this chapter. The department may use such
 2008  electronic, mechanical, or other devices as necessary to
 2009  accomplish the purposes of this chapter.
 2010         (4) If the department determines from its records or is
 2011  otherwise satisfied that the holder of a license about to expire
 2012  is entitled to have it renewed, the department shall mail a
 2013  renewal notice to the licensee at his or her last known address,
 2014  at least within 30 days before the licensee’s birthday. The
 2015  licensee may shall be issued a renewal license, after
 2016  reexamination, if required, during the 30 days immediately
 2017  preceding his or her birthday upon presenting a renewal notice,
 2018  his or her current license, and the fee for renewal to the
 2019  department at any driver’s license examining office. A driver
 2020  may renew his or her driver’s license up to 18 months prior to
 2021  the license expiration date.
 2022         Section 53. Subsection (2) of section 322.53, Florida
 2023  Statutes, is amended to read:
 2024         322.53 License required; exemptions.—
 2025         (2) The following persons are exempt from the requirement
 2026  to obtain a commercial driver’s license:
 2027         (a) Drivers of authorized emergency vehicles.
 2028         (b) Military personnel driving vehicles operated for
 2029  military purposes.
 2030         (c) Farmers transporting agricultural products, farm
 2031  supplies, or farm machinery to or from their farms within 150
 2032  miles of their farm if the vehicle operated under this exemption
 2033  is not used in the operations of a common or contract motor
 2034  carrier, or transporting agricultural products to or from the
 2035  first place of storage or processing or directly to or from
 2036  market, within 150 miles of their farm.
 2037         (d) Drivers of recreational vehicles, as defined in s.
 2038  320.01.
 2039         (e) Drivers who operate straight trucks, as defined in s.
 2040  316.003, which that are exclusively transporting their own
 2041  tangible personal property that which is not for sale or hire,
 2042  and the vehicle is not used in commerce.
 2043         (f) An employee of a publicly owned transit system who is
 2044  limited to moving vehicles for maintenance or parking purposes
 2045  exclusively within the restricted-access confines of a transit
 2046  system’s property.
 2047         Section 54. Subsection (5) is added to section 322.54,
 2048  Florida Statutes, to read:
 2049         322.54 Classification.—
 2050         (5) The required driver’s license classification of any
 2051  person operating a commercial motor vehicle that has no gross
 2052  vehicle weight rating plate or no vehicle identification number
 2053  shall be determined by the actual weight of the vehicle.
 2054         Section 55. Section 322.58, Florida Statutes, is repealed.
 2055         Section 56. Section 322.59, Florida Statutes, is amended to
 2056  read:
 2057         322.59 Possession of medical examiner’s certificate.—
 2058         (1) The department shall not issue a commercial driver’s
 2059  license to any person who is required by the laws of this state
 2060  or by federal law to possess a medical examiner’s certificate,
 2061  unless such person provides presents a valid certificate, as
 2062  described in 49 C.F.R. s. 383.71, prior to licensure.
 2063         (2) The department shall disqualify a driver from operating
 2064  a commercial motor vehicle if that driver holds a commercial
 2065  driver’s license and fails to comply with the medical
 2066  certification requirements described in 49 C.F.R. s. 383.71.
 2067         (2) This section does not expand the requirements as to who
 2068  must possess a medical examiner’s certificate.
 2069         Section 57. Subsection (5) of section 322.61, Florida
 2070  Statutes, is amended to read:
 2071         322.61 Disqualification from operating a commercial motor
 2072  vehicle.—
 2073         (5) Any person who is convicted of two violations specified
 2074  in subsection (3) which were committed while operating a
 2075  commercial motor vehicle, or any combination thereof, arising in
 2076  separate incidents shall be permanently disqualified from
 2077  operating a commercial motor vehicle. Any holder of a commercial
 2078  driver’s license who is convicted of two violations specified in
 2079  subsection (3), which were committed while operating any a
 2080  noncommercial motor vehicle, or any combination thereof, arising
 2081  in separate incidents shall be permanently disqualified from
 2082  operating a commercial motor vehicle. The penalty provided in
 2083  this subsection is in addition to any other applicable penalty.
 2084         Section 58. Subsections (1), (4), (7), (8), and (11) of
 2085  section 322.64, Florida Statutes, are amended to read:
 2086         322.64 Holder of commercial driver’s license; persons
 2087  operating a commercial motor vehicle; driving with unlawful
 2088  blood-alcohol level; refusal to submit to breath, urine, or
 2089  blood test.—
 2090         (1)(a) A law enforcement officer or correctional officer
 2091  shall, on behalf of the department, disqualify from operating
 2092  any commercial motor vehicle a person who while operating or in
 2093  actual physical control of a commercial motor vehicle is
 2094  arrested for a violation of s. 316.193, relating to unlawful
 2095  blood-alcohol level or breath-alcohol level, or a person who has
 2096  refused to submit to a breath, urine, or blood test authorized
 2097  by s. 322.63 or s. 316.1932 arising out of the operation or
 2098  actual physical control of a commercial motor vehicle. A law
 2099  enforcement officer or correctional officer shall, on behalf of
 2100  the department, disqualify the holder of a commercial driver’s
 2101  license from operating any commercial motor vehicle if the
 2102  licenseholder, while operating or in actual physical control of
 2103  a motor vehicle, is arrested for a violation of s. 316.193,
 2104  relating to unlawful blood-alcohol level or breath-alcohol
 2105  level, or refused to submit to a breath, urine, or blood test
 2106  authorized by s. 322.63 or s. 316.1932. Upon disqualification of
 2107  the person, the officer shall take the person’s driver’s license
 2108  and issue the person a 10-day temporary permit for the operation
 2109  of noncommercial vehicles only if the person is otherwise
 2110  eligible for the driving privilege and shall issue the person a
 2111  notice of disqualification. If the person has been given a
 2112  blood, breath, or urine test, the results of which are not
 2113  available to the officer at the time of the arrest, the agency
 2114  employing the officer shall transmit such results to the
 2115  department within 5 days after receipt of the results. If the
 2116  department then determines that the person had a blood-alcohol
 2117  level or breath-alcohol level of 0.08 or higher, the department
 2118  shall disqualify the person from operating a commercial motor
 2119  vehicle pursuant to subsection (3).
 2120         (b) For purposes of determining the period of
 2121  disqualification described in 49 C.F.R. s. 383.51,
 2122  disqualifications listed in paragraph (a) shall be treated as
 2123  convictions.
 2124         (c)(b) The disqualification under paragraph (a) shall be
 2125  pursuant to, and the notice of disqualification shall inform the
 2126  driver of, the following:
 2127         1.a. The driver refused to submit to a lawful breath,
 2128  blood, or urine test and he or she is disqualified from
 2129  operating a commercial motor vehicle for the time period
 2130  specified in 49 C.F.R. s. 383.51 a period of 1 year, for a first
 2131  refusal, or permanently, if he or she has previously been
 2132  disqualified under this section; or
 2133         b. The driver had an unlawful blood-alcohol or breath
 2134  alcohol level of 0.08 or higher while driving or in actual
 2135  physical control of a commercial motor vehicle, or any motor
 2136  vehicle if the driver holds a commercial driver’s license, and
 2137  is disqualified for the time period specified in 49 C.F.R. s.
 2138  383.51. The driver was driving or in actual physical control of
 2139  a commercial motor vehicle, or any motor vehicle if the driver
 2140  holds a commercial driver’s license, had an unlawful blood
 2141  alcohol level or breath-alcohol level of 0.08 or higher, and his
 2142  or her driving privilege shall be disqualified for a period of 1
 2143  year for a first offense or permanently disqualified if his or
 2144  her driving privilege has been previously disqualified under
 2145  this section.
 2146         2. The disqualification period for operating commercial
 2147  vehicles shall commence on the date of issuance of the notice of
 2148  disqualification.
 2149         3. The driver may request a formal or informal review of
 2150  the disqualification by the department within 10 days after the
 2151  date of issuance of the notice of disqualification.
 2152         4. The temporary permit issued at the time of
 2153  disqualification expires at midnight of the 10th day following
 2154  the date of disqualification.
 2155         5. The driver may submit to the department any materials
 2156  relevant to the disqualification.
 2157         (4) If the person disqualified requests an informal review
 2158  pursuant to subparagraph (1)(c)(b)3., the department shall
 2159  conduct the informal review by a hearing officer employed by the
 2160  department. Such informal review hearing shall consist solely of
 2161  an examination by the department of the materials submitted by a
 2162  law enforcement officer or correctional officer and by the
 2163  person disqualified, and the presence of an officer or witness
 2164  is not required.
 2165         (7) In a formal review hearing under subsection (6) or an
 2166  informal review hearing under subsection (4), the hearing
 2167  officer shall determine by a preponderance of the evidence
 2168  whether sufficient cause exists to sustain, amend, or invalidate
 2169  the disqualification. The scope of the review shall be limited
 2170  to the following issues:
 2171         (a) If the person was disqualified from operating a
 2172  commercial motor vehicle for driving with an unlawful blood
 2173  alcohol level:
 2174         1. Whether the arresting law enforcement officer had
 2175  probable cause to believe that the person was driving or in
 2176  actual physical control of a commercial motor vehicle, or any
 2177  motor vehicle if the driver holds a commercial driver’s license,
 2178  in this state while he or she had any alcohol, chemical
 2179  substances, or controlled substances in his or her body.
 2180         2. Whether the person had an unlawful blood-alcohol level
 2181  or breath-alcohol level of 0.08 or higher.
 2182         (b) If the person was disqualified from operating a
 2183  commercial motor vehicle for refusal to submit to a breath,
 2184  blood, or urine test:
 2185         1. Whether the law enforcement officer had probable cause
 2186  to believe that the person was driving or in actual physical
 2187  control of a commercial motor vehicle, or any motor vehicle if
 2188  the driver holds a commercial driver’s license, in this state
 2189  while he or she had any alcohol, chemical substances, or
 2190  controlled substances in his or her body.
 2191         2. Whether the person refused to submit to the test after
 2192  being requested to do so by a law enforcement officer or
 2193  correctional officer.
 2194         3. Whether the person was told that if he or she refused to
 2195  submit to such test he or she would be disqualified from
 2196  operating a commercial motor vehicle for a period of 1 year or,
 2197  if previously disqualified under this section, permanently.
 2198         (8) Based on the determination of the hearing officer
 2199  pursuant to subsection (7) for both informal hearings under
 2200  subsection (4) and formal hearings under subsection (6), the
 2201  department shall:
 2202         (a) sustain the disqualification for the time period
 2203  described in 49 C.F.R. s. 383.51 a period of 1 year for a first
 2204  refusal, or permanently if such person has been previously
 2205  disqualified from operating a commercial motor vehicle under
 2206  this section. The disqualification period commences on the date
 2207  of the issuance of the notice of disqualification.
 2208         (b) Sustain the disqualification:
 2209         1. For a period of 1 year if the person was driving or in
 2210  actual physical control of a commercial motor vehicle, or any
 2211  motor vehicle if the driver holds a commercial driver’s license,
 2212  and had an unlawful blood-alcohol level or breath-alcohol level
 2213  of 0.08 or higher; or
 2214         2. Permanently if the person has been previously
 2215  disqualified from operating a commercial motor vehicle under
 2216  this section or his or her driving privilege has been previously
 2217  suspended for driving or being in actual physical control of a
 2218  commercial motor vehicle, or any motor vehicle if the driver
 2219  holds a commercial driver’s license, and had an unlawful blood
 2220  alcohol level or breath-alcohol level of 0.08 or higher.
 2221  
 2222  The disqualification period commences on the date of the
 2223  issuance of the notice of disqualification.
 2224         (11) The formal review hearing may be conducted upon a
 2225  review of the reports of a law enforcement officer or a
 2226  correctional officer, including documents relating to the
 2227  administration of a breath test or blood test or the refusal to
 2228  take a breath, blood, or urine either test. However, as provided
 2229  in subsection (6), the driver may subpoena the officer or any
 2230  person who administered or analyzed a breath or blood test.
 2231         Section 59. Section 328.30, Florida Statutes, is amended to
 2232  read:
 2233         328.30 Transactions by electronic or telephonic means.—
 2234         (1) The department may is authorized to accept any
 2235  application provided for under this chapter by electronic or
 2236  telephonic means.
 2237         (2) The department may issue an electronic certificate of
 2238  title in lieu of printing a paper title.
 2239         (3) The department may collect and use electronic mail
 2240  addresses for the purpose of providing renewal notices in lieu
 2241  of the United States Postal Service.
 2242         Section 60. Subsection (2) of section 413.012, Florida
 2243  Statutes, is amended to read:
 2244         413.012 Confidential records disclosure prohibited;
 2245  exemptions.—
 2246         (2) It is unlawful for any person to disclose, authorize
 2247  the disclosure, solicit, receive, or make use of any list of
 2248  names and addresses or any record containing any information set
 2249  forth in subsection (1) and maintained in the division. The
 2250  prohibition provided for in this subsection shall not apply to
 2251  the use of such information for purposes directly connected with
 2252  the administration of the vocational rehabilitation program or
 2253  with the monthly dispatch to the Division of Driver Licenses of
 2254  the Department of Highway Safety and Motor Vehicles of the name
 2255  in full, place and date of birth, sex, social security number,
 2256  and resident address of individuals with central visual acuity
 2257  20/200 or less in the better eye with correcting glasses, or a
 2258  disqualifying field defect in which the peripheral field has
 2259  contracted to such an extent that the widest diameter or visual
 2260  field subtends an angular distance no greater than 20 degrees.
 2261  When requested in writing by an applicant or client, or her or
 2262  his representative, the Division of Blind Services shall release
 2263  confidential information to the applicant or client or her or
 2264  his representative.
 2265         Section 61. Paragraph (f) of subsection (13) of section
 2266  713.78, Florida Statutes, is amended to read:
 2267         713.78 Liens for recovering, towing, or storing vehicles
 2268  and vessels.—
 2269         (13)
 2270         (f) This subsection applies only to the annual renewal in
 2271  the registered owner’s birth month of a motor vehicle
 2272  registration and does not apply to the transfer of a
 2273  registration of a motor vehicle sold by a motor vehicle dealer
 2274  licensed under chapter 320, except for the transfer of
 2275  registrations which is inclusive of the annual renewals. This
 2276  subsection does not apply to any vehicle registered in the name
 2277  of the lessor. This subsection does not affect the issuance of
 2278  the title to a motor vehicle, notwithstanding s. 319.23(8)(b)
 2279  319.23(7)(b).
 2280         Section 62. This act shall take effect July 1, 2011.