CS/CS/HB 1353

1	A bill to be entitled
2	An act relating to the Department of Highway Safety and
3	Motor Vehicles; amending s. 20.24, F.S.; specifying that
4	the executive director of the department serves at the
5	pleasure of the Governor and Cabinet; creating a Division
6	of Motorist Services within the department; eliminating
7	the Division of Driver Licenses and the Division of Motor
8	Vehicles; amending s. 261.03, F.S.; conforming cross-
9	references; amending s. 288.816, F.S., relating to Consul
10	Corps license plates; conforming a reference; amending s.
11	311.121, F.S., relating to membership of the Seaport
12	Security Officer Qualification, Training, and Standards
13	Coordinating Council; conforming provisions to changes
14	made by the act; amending s. 316.003, F.S.; revising
15	definitions and defining the term "swamp buggy" for
16	purposes of the Florida Uniform Traffic Control Law;
17	reenacting s. 316.065(4), F.S., relating to crash reports,
18	to incorporate changes made to s. 316.066, F.S., by
19	chapter 2010-163, Laws of Florida; amending s. 316.1933,
20	F.S.; authorizing a health care provider to notify a law
21	enforcement agency after detecting the presence of a
22	controlled substance in the blood of a person injured in a
23	motor vehicle crash; amending s. 316.1957, F.S., relating
24	to parking violations; conforming a reference; amending s.
25	316.2065, F.S.; revising safety standard requirements for
26	bicycle helmets that must be worn by certain riders and
27	passengers; clarifying provisions relating to when a
28	bicycle operator must ride in a bicycle lane or along the
29	curb or edge of the roadway; providing for enforcement of
30	requirements for bicycle lighting equipment; providing
31	penalties for violations; providing for dismissal of the
32	charge following a first offense under certain
33	circumstances; amending s. 316.2085, F.S.; requiring the
34	license tag of a motorcycle or moped to remain clearly
35	visible from the rear; prohibiting deliberate acts to
36	conceal or obscure the tag; amending ss. 316.2122,
37	316.2124, 316.21265, 316.3026, and 316.550, F.S., relating
38	to the operation of low-speed vehicles, motorized
39	disability access vehicles, and all-terrain or utility
40	vehicles, the unlawful operation of motor carriers, and
41	special permits, respectively; conforming cross-
42	references; amending s. 316.545, F.S.; providing for the
43	regulation of apportionable vehicles; amending s.
44	317.0003, F.S., relating to off-highway vehicles;
45	conforming a cross-reference; amending s. 317.0016, F.S.;
46	eliminating a requirement that the department provide
47	expedited service for certificates of repossession;
48	amending s. 318.14, F.S.; clarifying provisions
49	authorizing a person cited for a noncriminal traffic
50	infraction to elect to attend a driver improvement course
51	or enter a plea of nolo contendere; amending s. 318.1451,
52	F.S.; requiring the curricula of driver improvement
53	schools to include instruction on the dangers of driving
54	while distracted; amending s. 318.15, F.S., relating to
55	the suspension of driving privileges; conforming a
56	reference; amending s. 319.14, F.S.; prohibiting a person
57	from knowingly offering for sale, selling, or exchanging
58	certain vehicles unless the department has stamped in a
59	conspicuous place on the certificate of title words
60	stating that the vehicle is a custom vehicle or street rod
61	vehicle; defining the terms "custom vehicle" and "street
62	rod"; providing requirements for inspection and issuance
63	of a rebuilt title; amending s. 319.225, F.S.; revising
64	provisions for vehicle certificates of title; revising
65	requirements for the transfer and reassignment forms for
66	vehicles; revising dealer submission requirements;
67	requiring a dealer selling a vehicle out of state to mail
68	a copy of the power of attorney form to the department;
69	providing for the electronic transfer of a vehicle title;
70	amending s. 319.23, F.S.; providing for the application
71	for a certificate of title, corrected certificate, or
72	assignment or reassignment to be filed from the
73	consummation of the sale of a mobile home; authorizing the
74	department to accept a bond if the applicant for a
75	certificate of title is unable to provide a title that
76	assigns the prior owner's interest in the motor vehicle;
77	providing requirements for the bond and the affidavit;
78	providing for future expiration of the bond; amending s.
79	319.28, F.S.; eliminating certain requirements that a
80	lienholder obtain a certificate of repossession following
81	repossession of a vehicle or mobile home; amending s.
82	319.323, F.S., relating to title offices for expedited
83	service; conforming provisions to changes made by the act;
84	amending s. 319.40, F.S.; authorizing the department to
85	issue electronic certificates of title and use electronic
86	mail addresses for purposes of notification; amending s.
87	320.01, F.S.; revising definitions; excluding special
88	mobile equipment and swamp buggies from the meaning of the
89	term "motor vehicle"; deleting an obsolete definition;
90	revising the gross vehicle weight for purposes of defining
91	the terms "apportionable vehicle" and "commercial motor
92	vehicle"; defining the term "swamp buggy"; amending s.
93	320.02, F.S.; providing that an active-duty military
94	member is exempt from the requirement to provide an
95	address on an application for vehicle registration;
96	requiring that a Florida driver's license or
97	identification card be changed following a change of
98	residence or mailing address before the vehicle
99	registration is changed; requiring the application forms
100	for motor vehicle registration and renewal of registration
101	to include language permitting the applicant to make a
102	voluntary contribution to End Hunger in Florida, Take
103	Stock In Children, Autism Services and Supports, and
104	Support Our Troops; requiring that the department retain
105	certain records for a specified period; amending s.
106	320.023, F.S.; authorizing the department to retain
107	certain proceeds derived from the voluntary contributions
108	program to cover certain specified costs to the
109	department; amending s. 320.03, F.S., relating to the
110	International Registration Plan; conforming provisions to
111	changes made by the act; amending s. 320.05, F.S.;
112	deleting a provision requiring that the department provide
113	a procedures manual for a fee; clarifying that the
114	creation and maintenance of records by the Division of
115	Motorist Services is not a law enforcement function of
116	agency recordkeeping; amending s. 320.06, F.S.;
117	authorizing the department to conduct a pilot program to
118	evaluate alternative license plate technologies for use on
119	government-owned motor vehicles; exempting plates in the
120	pilot program from specified license plate design and
121	construction requirements; specifying that all license
122	plates issued by the department are the property of the
123	state; amending s. 320.061, F.S.; providing that it is a
124	noncriminal traffic infraction to alter a temporary
125	license plate; amending s. 320.071, F.S.; providing for
126	the renewal of registration for an apportionable vehicle
127	that is registered under the International Registration
128	Plan; amending s. 320.0715, F.S.; clarifying provisions
129	requiring the registration of apportionable vehicles under
130	the International Registration Plan; amending s. 320.08,
131	F.S., relating to license taxes; conforming cross-
132	references; amending s. 320.08068, F.S.; revising use of
133	funds received from the sale of motorcycle specialty
134	license plates; amending s. 320.0847, F.S., relating to
135	license plates for mini trucks and low-speed vehicles;
136	conforming cross-references; amending s. 320.0848, F.S.;
137	revising the requirements for the deposit of fee proceeds
138	from temporary disabled parking permits; amending s.
139	320.089, F.S.; providing for the issuance of a Combat
140	Infantry Badge license plate; providing qualifications and
141	requirements for the plate; providing for the use of
142	proceeds from the sale of the plate; amending s. 320.27,
143	F.S.; exempting salvage motor vehicle dealers from certain
144	security requirements; amending s. 320.275, F.S., relating
145	to the Automobile Dealers Industry Advisory Board;
146	conforming provisions to the elimination of the Division
147	of Motor Vehicles within the department; amending s.
148	320.771, F.S.; providing criteria for a dealer to apply
149	for a certificate of title to a recreational vehicle under
150	certain circumstances; amending s. 320.95, F.S.;
151	authorizing the department to use electronic mail
152	addresses for the purpose of providing license renewal
153	notices; amending s. 321.02, F.S.; designating the
154	director of the Division of Highway Patrol of the
155	department as the Colonel of the Florida Highway Patrol;
156	amending s. 322.02, F.S.; providing for a director of the
157	Division of Motorist Services; amending s. 322.0261, F.S.;
158	requiring a person who violates provisions relating to
159	careless driving or aggressive careless driving to attend
160	a driver improvement course to maintain his or her driving
161	privileges; amending s. 322.04, F.S.; revising provisions
162	exempting a nonresident from the requirement to obtain a
163	driver's license under certain circumstances; amending s.
164	322.051, F.S.; revising requirements by which an applicant
165	for an identification card may prove nonimmigrant
166	classification; clarifying the validity of an
167	identification card based on specified documents; amending
168	s. 322.058, F.S., relating to renewal of motor vehicle
169	registration; conforming a cross-reference; amending s.
170	322.065, F.S.; revising the period of expiration that
171	constitutes the offense of driving with an expired
172	driver's license; amending s. 322.07, F.S.; revising
173	qualifications for obtaining a temporary commercial
174	instruction permit; amending s. 322.08, F.S.; revising
175	requirements by which an applicant for a driver's license
176	may prove nonimmigrant classification; clarifying the
177	validity of a license based on specified documents;
178	providing for driver's license application forms to allow
179	the applicant to make a voluntary contribution to Autism
180	Services and Supports and Support Our Troops, Inc.;
181	authorizing the department to use electronic mail
182	addresses for the purposes of providing license renewal
183	notices; amending s. 322.081, F.S.; authorizing the
184	department to retain certain proceeds derived from the
185	voluntary contributions made on driver's license
186	applications to cover certain specified costs to the
187	department; amending s. 322.095, F.S.; requiring the
188	curricula of traffic law and substance abuse education
189	courses to include instruction on the dangers of driving
190	while distracted; amending s. 322.12, F.S.; deleting
191	provisions requiring a separate examination for applicants
192	for a license to operate a motorcycle; requiring that the
193	motorcycle safety course for a first-time applicant
194	include a final examination; requiring that completion of
195	the course be indicated on the license; amending s.
196	322.121, F.S.; clarifying provisions authorizing the
197	automatic extension of a license for members of the Armed
198	Forces or their dependents while serving on active duty
199	outside the state; amending s. 322.14, F.S.; deleting a
200	requirement that applicants for specified licenses appear
201	in person for issuance of a color photographic or digital
202	imaged driver's license; providing for the department to
203	suspend a person's driver's license for violating certain
204	restrictions on his or her authorization to drive;
205	creating s. 322.1415, F.S.; requiring the Department of
206	Highway Safety and Motor Vehicles to issue a specialty
207	driver's license or identification card to qualified
208	applicants; specifying that, at a minimum, the specialty
209	driver's licenses and identification cards must be
210	available for certain state and independent universities
211	and professional sports teams and all of the branches of
212	the United States military; requiring that the design of
213	each specialty driver's license and identification card be
214	approved by the department; amending s. 322.20, F.S.,
215	relating to department records; conforming provisions to
216	changes made by the act; amending s. 322.202, F.S.;
217	clarifying that the Division of Motorist Services is not a
218	law enforcement agency; amending s. 322.21, F.S.;
219	providing for the distribution of funds collected from the
220	specialty driver's license and identification card fees;
221	conforming provisions to changes made by the act;
222	authorizing a driver to renew his or her driver's license
223	during a specified period before the license expiration
224	date; amending s. 322.22, F.S.; clarifying provisions
225	authorizing the department to cancel a driver's license;
226	authorizing the department to cancel a license upon
227	determining that the licensee is not entitled to the
228	license; amending s. 322.2615, F.S., relating to a
229	person's right to review of a license suspension; revising
230	provisions for a formal review hearing and enforcement of
231	a subpoena; amending s. 322.53, F.S.; revising provisions
232	exempting certain farmers and drivers who operate straight
233	trucks from the requirement to obtain a commercial
234	driver's license; amending s. 322.54, F.S.; requiring that
235	the weight of a commercial motor vehicle be based on the
236	vehicle's actual weight under certain circumstances;
237	repealing s. 322.58, F.S., relating to holders of
238	chauffeur's licenses; amending s. 322.59, F.S.; requiring
239	that the department disqualify a driver holding a
240	commercial driver's license who fails to comply with
241	specified federal certification requirements; amending s.
242	322.61, F.S.; providing that the holder of a commercial
243	driver's license is permanently disqualified from
244	operating a commercial motor vehicle following two
245	violations of specified offenses committed while operating
246	any vehicle; amending s. 322.64, F.S.; providing that a
247	notice of disqualification from operating a commercial
248	motor vehicle acts as a conviction for purposes of certain
249	federal restrictions imposed for the offense of operating
250	a commercial motor vehicle while under the influence of
251	alcohol; deleting provisions authorizing the department to
252	impose certain alternative restrictions for such offense;
253	amending s. 328.30, F.S.; authorizing the department to
254	issue electronic certificates of title for vessels and use
255	electronic mail addresses for purposes of providing
256	renewal notices; amending s. 413.012, F.S., relating to a
257	prohibition on disclosing confidential records held by the
258	department; conforming provisions to changes made by the
259	act; amending s. 713.78, F.S., relating to renewal of
260	motor vehicle registration; conforming a cross-reference;
261	providing a short title; providing for a voluntary
262	emergency contact information program established by the
263	department; providing effective dates.
264
265	Be It Enacted by the Legislature of the State of Florida:
266
267	Section 1.  Section 20.24, Florida Statutes, is amended to
268	read:
269	20.24  Department of Highway Safety and Motor Vehicles.-
270	There is created a Department of Highway Safety and Motor
271	Vehicles.
272	(1)  The head of the Department of Highway Safety and Motor
273	Vehicles is the Governor and Cabinet. An executive director
274	shall serve at the pleasure of the Governor and Cabinet. The
275	executive director may establish a command, operational, and
276	administrative services structure to assist, manage, and support
277	the department in operating programs and delivering services.
278	(2)  The following divisions, and bureaus within the
279	divisions, of the Department of Highway Safety and Motor
280	Vehicles are established:
281	(a)  Division of the Florida Highway Patrol.
282	(b)  Division of Motorist Services.
283	(b)  Division of Driver Licenses.
284	(c)  Division of Motor Vehicles.
285	Section 2.  Subsection (9) of section 261.03, Florida
286	Statutes, is amended to read:
287	261.03  Definitions.-As used in this chapter, the term:
288	(9)  "ROV" means any motorized recreational off-highway
289	vehicle 64 inches or less in width, having a dry weight of 2,000
290	pounds or less, designed to travel on four or more nonhighway
291	tires, having nonstraddle seating and a steering wheel, and
292	manufactured for recreational use by one or more persons. The
293	term "ROV" does not include a golf cart as defined in ss.
294	320.01(22) and 316.003(68) or a low-speed vehicle as defined in
295	s. 320.01(42).
296	Section 3.  Paragraph (e) of subsection (2) of section
297	288.816, Florida Statutes, is amended to read:
298	288.816  Intergovernmental relations.-
299	(2)  The Office of Tourism, Trade, and Economic Development
300	shall be responsible for all consular relations between the
301	state and all foreign governments doing business in Florida. The
302	office shall monitor United States laws and directives to ensure
303	that all federal treaties regarding foreign privileges and
304	immunities are properly observed. The office shall promulgate
305	rules which shall:
306	(e)  Verify entitlement to issuance of special motor
307	vehicle license plates by the Division of Motor Vehicles of the
308	Department of Highway Safety and Motor Vehicles to honorary
309	consuls or such other officials representing foreign governments
310	who are not entitled to issuance of special Consul Corps license
311	plates by the United States Government.
312	Section 4.  Paragraph (a) of subsection (3) of section
313	311.121, Florida Statutes, is amended to read:
314	311.121  Qualifications, training, and certification of
315	licensed security officers at Florida seaports.-
316	(3)  The Seaport Security Officer Qualification, Training,
317	and Standards Coordinating Council is created under the
318	Department of Law Enforcement.
319	(a)  The executive director of the Department of Law
320	Enforcement shall appoint 11 members to the council, to include:
321	1.  The seaport administrator of the Department of Law
322	Enforcement.
323	2.  The Commissioner of Education or his or her designee.
324	3.  The director of the Division of Licensing of the
325	Department of Agriculture and Consumer Services.
326	4.  The administrator of the Florida Seaport Transportation
327	and Economic Development Council.
328	5.  Two seaport security directors from seaports designated
329	under s. 311.09.
330	6.  One director of a state law enforcement academy.
331	7.  One representative of a local law enforcement agency.
332	8.  Two representatives of contract security services.
333	9.  One representative of the Division of Driver Licenses
334	of the Department of Highway Safety and Motor Vehicles.
335	Section 5.  Subsections (2) and (21) of section 316.003,
336	Florida Statutes, are amended, and subsection (89) is added to
337	that section, to read:
338	316.003  Definitions.-The following words and phrases, when
339	used in this chapter, shall have the meanings respectively
340	ascribed to them in this section, except where the context
341	otherwise requires:
342	(2)  BICYCLE.-Every vehicle propelled solely by human
343	power, and every motorized bicycle propelled by a combination of
344	human power and a an electric helper motor capable of propelling
345	the vehicle at a speed of not more than 20 miles per hour on
346	level ground upon which any person may ride, having two tandem
347	wheels, and including any device generally recognized as a
348	bicycle though equipped with two front or two rear wheels. The
349	term does not include such a vehicle with a seat height of no
350	more than 25 inches from the ground when the seat is adjusted to
351	its highest position or a scooter or similar device. No person
352	under the age of 16 may operate or ride upon a motorized
353	bicycle.
354	(21)  MOTOR VEHICLE.-Any self-propelled vehicle not
355	operated upon rails or guideway, but not including any bicycle,
356	motorized scooter, electric personal assistive mobility device,
357	swamp buggy, or moped.
358	(89)  SWAMP BUGGY.-A motorized off-road vehicle designed to
359	travel over swampy terrain, which may use large tires or tracks
360	operated from an elevated platform, and may be used upon varied
361	terrain. A swamp buggy does not include any vehicle defined in
362	chapter 261 or otherwise defined or classified in this chapter.
363	A swamp buggy may not be operated upon the public roads,
364	streets, or highways of this state, except to the extent
365	specifically authorized by a state or federal agency to be used
366	exclusively upon lands, managed, owned, or leased by that
367	agency.
368	Section 6.  For the purpose of incorporating the amendment
369	made by chapter 2010-163, Laws of Florida, to section 316.066,
370	Florida Statutes, in a reference thereto, subsection (4) of
371	section 316.065, Florida Statutes, is reenacted retroactive to
372	July 1, 2010, to read:
373	316.065  Crashes; reports; penalties.-
374	(4)  Any person who knowingly repairs a motor vehicle
375	without having made a report as required by subsection (3) is
376	guilty of a misdemeanor of the first degree, punishable as
377	provided in s. 775.082 or s. 775.083. The owner and driver of a
378	vehicle involved in a crash who makes a report thereof in
379	accordance with subsection (1) or s. 316.066(1) is not liable
380	under this section.
381	Section 7.  Subsection (1) of section 316.066, Florida
382	Statutes, as amended by chapter 2010-163, Laws of Florida,
383	reads:
384	316.066  Written reports of crashes.-
385	(1)(a)  A Florida Traffic Crash Report, Long Form is
386	required to be completed and submitted to the department within
387	10 days after completing an investigation by every law
388	enforcement officer who in the regular course of duty
389	investigates a motor vehicle crash:
390	1.  That resulted in death or personal injury.
391	2.  That involved a violation of s. 316.061(1) or s.
392	316.193.
393	3.  In which a vehicle was rendered inoperative to a degree
394	that required a wrecker to remove it from traffic, if such
395	action is appropriate, in the officer's discretion.
396	(b)  In every crash for which a Florida Traffic Crash
397	Report, Long Form is not required by this section, the law
398	enforcement officer may complete a short-form crash report or
399	provide a short-form crash report to be completed by each party
400	involved in the crash. The short-form report must include:
401	1.  The date, time, and location of the crash.
402	2.  A description of the vehicles involved.
403	3.  The names and addresses of the parties involved.
404	4.  The names and addresses of witnesses.
405	5.  The name, badge number, and law enforcement agency of
406	the officer investigating the crash.
407	6.  The names of the insurance companies for the respective
408	parties involved in the crash.
409	(c)  Each party to the crash shall provide the law
410	enforcement officer with proof of insurance to be included in
411	the crash report. If a law enforcement officer submits a report
412	on the accident, proof of insurance must be provided to the
413	officer by each party involved in the crash. Any party who fails
414	to provide the required information commits a noncriminal
415	traffic infraction, punishable as a nonmoving violation as
416	provided in chapter 318, unless the officer determines that due
417	to injuries or other special circumstances such insurance
418	information cannot be provided immediately. If the person
419	provides the law enforcement agency, within 24 hours after the
420	crash, proof of insurance that was valid at the time of the
421	crash, the law enforcement agency may void the citation.
422	(d)  The driver of a vehicle that was in any manner
423	involved in a crash resulting in damage to any vehicle or other
424	property in an amount of $500 or more, which crash was not
425	investigated by a law enforcement agency, shall, within 10 days
426	after the crash, submit a written report of the crash to the
427	department or traffic records center. The entity receiving the
428	report may require witnesses of crashes to render reports and
429	may require any driver of a vehicle involved in a crash of which
430	a written report must be made as provided in this section to
431	file supplemental written reports whenever the original report
432	is deemed insufficient by the receiving entity.
433	(e)  Short-form crash reports prepared by law enforcement
434	shall be maintained by the law enforcement officer's agency.
435	Section 8.  Paragraph (a) of subsection (2) of section
436	316.1933, Florida Statutes, is amended to read:
437	316.1933  Blood test for impairment or intoxication in
438	cases of death or serious bodily injury; right to use reasonable
439	force.-
440	(2)(a)  Only a physician, certified paramedic, registered
441	nurse, licensed practical nurse, other personnel authorized by a
442	hospital to draw blood, or duly licensed clinical laboratory
443	director, supervisor, technologist, or technician, acting at the
444	request of a law enforcement officer, may withdraw blood for the
445	purpose of determining the alcoholic content thereof or the
446	presence of chemical substances or controlled substances
447	therein. However, the failure of a law enforcement officer to
448	request the withdrawal of blood shall not affect the
449	admissibility of a test of blood withdrawn for medical purposes.
450	1.  Notwithstanding any provision of law pertaining to the
451	confidentiality of hospital records or other medical records, if
452	a health care provider, who is providing medical care in a
453	health care facility to a person injured in a motor vehicle
454	crash, becomes aware, as a result of any blood test performed in
455	the course of that medical treatment, that the person's blood-
456	alcohol level meets or exceeds the blood-alcohol level specified
457	in s. 316.193(1)(b), or detects the presence of a controlled
458	substance listed in chapter 893, the health care provider may
459	notify any law enforcement officer or law enforcement agency.
460	Any such notice must be given within a reasonable time after the
461	health care provider receives the test result. Any such notice
462	shall be used only for the purpose of providing the law
463	enforcement officer with reasonable cause to request the
464	withdrawal of a blood sample pursuant to this section.
465	2.  The notice shall consist only of the name of the person
466	being treated, the name of the person who drew the blood, the
467	blood-alcohol level indicated by the test, and the date and time
468	of the administration of the test.
469	3.  Nothing contained in s. 395.3025(4), s. 456.057, or any
470	applicable practice act affects the authority to provide notice
471	under this section, and the health care provider is not
472	considered to have breached any duty owed to the person under s.
473	395.3025(4), s. 456.057, or any applicable practice act by
474	providing notice or failing to provide notice. It shall not be a
475	breach of any ethical, moral, or legal duty for a health care
476	provider to provide notice or fail to provide notice.
477	4.  A civil, criminal, or administrative action may not be
478	brought against any person or health care provider participating
479	in good faith in the provision of notice or failure to provide
480	notice as provided in this section. Any person or health care
481	provider participating in the provision of notice or failure to
482	provide notice as provided in this section shall be immune from
483	any civil or criminal liability and from any professional
484	disciplinary action with respect to the provision of notice or
485	failure to provide notice under this section. Any such
486	participant has the same immunity with respect to participating
487	in any judicial proceedings resulting from the notice or failure
488	to provide notice.
489	Section 9.  Section 316.1957, Florida Statutes, is amended
490	to read:
491	316.1957  Parking violations; designated parking spaces for
492	persons who have disabilities.-When evidence is presented in any
493	court of the fact that any motor vehicle was parked in a
494	properly designated parking space for persons who have
495	disabilities in violation of s. 316.1955, it is prima facie
496	evidence that the vehicle was parked and left in the space by
497	the person, firm, or corporation in whose name the vehicle is
498	registered and licensed according to the records of the
499	department Division of Motor Vehicles.
500	Section 10.  Paragraph (d) of subsection (3) and
501	subsections (5) and (8) of section 316.2065, Florida Statutes,
502	are amended to read:
503	316.2065  Bicycle regulations.-
504	(3)
505	(d)  A bicycle rider or passenger who is under 16 years of
506	age must wear a bicycle helmet that is properly fitted and is
507	fastened securely upon the passenger's head by a strap, and that
508	meets the federal safety standard for bicycle helmets, final
509	rule, 16 C.F.R. part 1203. Helmets purchased before October 1,
510	2011, and meeting standards of the American National Standards
511	Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards
512	of the Snell Memorial Foundation (1984 Standard for Protective
513	Headgear for Use in Bicycling), or any other nationally
514	recognized standards for bicycle helmets adopted by the
515	department may continue to be worn by riders or passengers until
516	January 1, 2015. As used in this subsection, the term
517	"passenger" includes a child who is riding in a trailer or
518	semitrailer attached to a bicycle.
519	(5)(a)  Any person operating a bicycle upon a roadway at
520	less than the normal speed of traffic at the time and place and
521	under the conditions then existing shall ride in the lane marked
522	for bicycle use or, if no lane is marked for bicycle use, as
523	close as practicable to the right-hand curb or edge of the
524	roadway except under any of the following situations:
525	1.  When overtaking and passing another bicycle or vehicle
526	proceeding in the same direction.
527	2.  When preparing for a left turn at an intersection or
528	into a private road or driveway.
529	3.  When reasonably necessary to avoid any condition or
530	potential conflict, including, but not limited to, a fixed or
531	moving object, parked or moving vehicle, bicycle, pedestrian,
532	animal, surface hazard, turn lane, or substandard-width lane,
533	which that makes it unsafe to continue along the right-hand curb
534	or edge or within a bicycle lane. For the purposes of this
535	subsection, a "substandard-width lane" is a lane that is too
536	narrow for a bicycle and another vehicle to travel safely side
537	by side within the lane.
538	(b)  Any person operating a bicycle upon a one-way highway
539	with two or more marked traffic lanes may ride as near the left-
540	hand curb or edge of such roadway as practicable.
541	(8)  Every bicycle in use between sunset and sunrise shall
542	be equipped with a lamp on the front exhibiting a white light
543	visible from a distance of at least 500 feet to the front and a
544	lamp and reflector on the rear each exhibiting a red light
545	visible from a distance of 600 feet to the rear. A bicycle or
546	its rider may be equipped with lights or reflectors in addition
547	to those required by this section. A law enforcement officer may
548	issue a bicycle safety brochure and a verbal warning to a
549	bicycle rider who violates this subsection. A bicycle rider who
550	violates this subsection may be issued a citation by a law
551	enforcement officer and assessed a fine for a pedestrian
552	violation, as provided in s. 318.18. The court shall dismiss the
553	charge against a bicycle rider for a first violation of this
554	subsection upon proof of purchase and installation of the proper
555	lighting equipment.
556	Section 11.  Subsection (3) of section 316.2085, Florida
557	Statutes, is amended to read:
558	316.2085  Riding on motorcycles or mopeds.-
559	(3)  The license tag of a motorcycle or moped must be
560	permanently affixed to the vehicle and remain clearly visible
561	from the rear at all times may not be adjusted or capable of
562	being flipped up. Any deliberate act to conceal or obscure No
563	device for or method of concealing or obscuring the legibility
564	of the license tag of a motorcycle is prohibited shall be
565	installed or used. The license tag of a motorcycle or moped may
566	be affixed horizontally to the ground so that the numbers and
567	letters read from left to right. Alternatively, a license tag
568	for a motorcycle or moped for which the numbers and letters read
569	from top to bottom may be affixed perpendicularly to the ground,
570	provided that the registered owner of the motorcycle or moped
571	maintains a prepaid toll account in good standing and a
572	transponder associated with the prepaid toll account is affixed
573	to the motorcycle or moped.
574	Section 12.  Section 316.2122, Florida Statutes, is amended
575	to read:
576	316.2122  Operation of a low-speed vehicle or mini truck on
577	certain roadways.-The operation of a low-speed vehicle as
578	defined in s. 320.01(42) or a mini truck as defined in s.
579	320.01(45) on any road as defined in s. 334.03(15) or (33) is
580	authorized with the following restrictions:
581	(1)  A low-speed vehicle or mini truck may be operated only
582	on streets where the posted speed limit is 35 miles per hour or
583	less. This does not prohibit a low-speed vehicle or mini truck
584	from crossing a road or street at an intersection where the road
585	or street has a posted speed limit of more than 35 miles per
586	hour.
587	(2)  A low-speed vehicle must be equipped with headlamps,
588	stop lamps, turn signal lamps, taillamps, reflex reflectors,
589	parking brakes, rearview mirrors, windshields, seat belts, and
590	vehicle identification numbers.
591	(3)  A low-speed vehicle or mini truck must be registered
592	and insured in accordance with s. 320.02 and titled pursuant to
593	chapter 319.
594	(4)  Any person operating a low-speed vehicle or mini truck
595	must have in his or her possession a valid driver's license.
596	(5)  A county or municipality may prohibit the operation of
597	low-speed vehicles or mini trucks on any road under its
598	jurisdiction if the governing body of the county or municipality
599	determines that such prohibition is necessary in the interest of
600	safety.
601	(6)  The Department of Transportation may prohibit the
602	operation of low-speed vehicles or mini trucks on any road under
603	its jurisdiction if it determines that such prohibition is
604	necessary in the interest of safety.
605	Section 13.  Section 316.2124, Florida Statutes, is amended
606	to read:
607	316.2124  Motorized disability access vehicles.-The
608	Department of Highway Safety and Motor Vehicles is directed to
609	provide, by rule, for the regulation of motorized disability
610	access vehicles as described in s. 320.01(34). The department
611	shall provide that motorized disability access vehicles shall be
612	registered in the same manner as motorcycles and shall pay the
613	same registration fee as for a motorcycle. There shall also be
614	assessed, in addition to the registration fee, a $2.50 surcharge
615	for motorized disability access vehicles. This surcharge shall
616	be paid into the Highway Safety Operating Trust Fund. Motorized
617	disability access vehicles shall not be required to be titled by
618	the department. The department shall require motorized
619	disability access vehicles to be subject to the same safety
620	requirements as set forth in this chapter for motorcycles.
621	Section 14.  Subsection (1) of section 316.21265, Florida
622	Statutes, is amended to read:
623	316.21265  Use of all-terrain vehicles, golf carts, low-
624	speed vehicles, or utility vehicles by law enforcement
625	agencies.-
626	(1)  Notwithstanding any provision of law to the contrary,
627	any law enforcement agency in this state may operate all-terrain
628	vehicles as defined in s. 316.2074, golf carts as defined in s.
629	320.01(22), low-speed vehicles as defined in s. 320.01(42), or
630	utility vehicles as defined in s. 320.01(43) on any street,
631	road, or highway in this state while carrying out its official
632	duties.
633	Section 15.  Subsection (1) of section 316.3026, Florida
634	Statutes, is amended to read:
635	316.3026  Unlawful operation of motor carriers.-
636	(1)  The Office of Motor Carrier Compliance of the
637	Department of Transportation may issue out-of-service orders to
638	motor carriers, as defined in s. 320.01(33), who have after
639	proper notice failed to pay any penalty or fine assessed by the
640	department, or its agent, against any owner or motor carrier for
641	violations of state law, refused to submit to a compliance
642	review and provide records pursuant to s. 316.302(5) or s.
643	316.70, or violated safety regulations pursuant to s. 316.302 or
644	insurance requirements found in s. 627.7415. Such out-of-service
645	orders shall have the effect of prohibiting the operations of
646	any motor vehicles owned, leased, or otherwise operated by the
647	motor carrier upon the roadways of this state, until such time
648	as the violations have been corrected or penalties have been
649	paid. Out-of-service orders issued under this section must be
650	approved by the Secretary of Transportation or his or her
651	designee. An administrative hearing pursuant to s. 120.569 shall
652	be afforded to motor carriers subject to such orders.
653	Section 16.  Subsection (3) of section 316.545, Florida
654	Statutes, is amended to read:
655	316.545  Weight and load unlawful; special fuel and motor
656	fuel tax enforcement; inspection; penalty; review.-
657	(3)  Any person who violates the overloading provisions of
658	this chapter shall be conclusively presumed to have damaged the
659	highways of this state by reason of such overloading, which
660	damage is hereby fixed as follows:
661	(a)  When the excess weight is 200 pounds or less than the
662	maximum herein provided, the penalty shall be $10;
663	(b)  Five cents per pound for each pound of weight in
664	excess of the maximum herein provided when the excess weight
665	exceeds 200 pounds. However, whenever the gross weight of the
666	vehicle or combination of vehicles does not exceed the maximum
667	allowable gross weight, the maximum fine for the first 600
668	pounds of unlawful axle weight shall be $10;
669	(c)  For a vehicle equipped with fully functional idle-
670	reduction technology, any penalty shall be calculated by
671	reducing the actual gross vehicle weight or the internal bridge
672	weight by the certified weight of the idle-reduction technology
673	or by 400 pounds, whichever is less. The vehicle operator must
674	present written certification of the weight of the idle-
675	reduction technology and must demonstrate or certify that the
676	idle-reduction technology is fully functional at all times. This
677	calculation is not allowed for vehicles described in s.
678	316.535(6);
679	(d)  An apportionable apportioned motor vehicle, as defined
680	in s. 320.01, operating on the highways of this state without
681	being properly licensed and registered shall be subject to the
682	penalties as herein provided; and
683	(e)  Vehicles operating on the highways of this state from
684	nonmember International Registration Plan jurisdictions which
685	are not in compliance with the provisions of s. 316.605 shall be
686	subject to the penalties as herein provided.
687	Section 17.  Paragraph (a) of subsection (5) and subsection
688	(10) of section 316.550, Florida Statutes, are amended to read:
689	316.550  Operations not in conformity with law; special
690	permits.-
691	(5)(a)  The Department of Transportation may issue a
692	wrecker special blanket permit to authorize a wrecker as defined
693	in s. 320.01(40) to tow a disabled vehicle as defined in s.
694	320.01(38) where the combination of the wrecker and the disabled
695	vehicle being towed exceeds the maximum weight limits as
696	established by s. 316.535.
697	(10)  Whenever any motor vehicle, or the combination of a
698	wrecker as defined in s. 320.01(40) and a towed motor vehicle,
699	exceeds any weight or dimensional criteria or special
700	operational or safety stipulation contained in a special permit
701	issued under the provisions of this section, the penalty
702	assessed to the owner or operator shall be as follows:
703	(a)  For violation of weight criteria contained in a
704	special permit, the penalty per pound or portion thereof
705	exceeding the permitted weight shall be as provided in s.
706	316.545.
707	(b)  For each violation of dimensional criteria in a
708	special permit, the penalty shall be as provided in s. 316.516
709	and penalties for multiple violations of dimensional criteria
710	shall be cumulative except that the total penalty for the
711	vehicle shall not exceed $1,000.
712	(c)  For each violation of an operational or safety
713	stipulation in a special permit, the penalty shall be an amount
714	not to exceed $1,000 per violation and penalties for multiple
715	violations of operational or safety stipulations shall be
716	cumulative except that the total penalty for the vehicle shall
717	not exceed $1,000.
718	(d)  For violation of any special condition that has been
719	prescribed in the rules of the Department of Transportation and
720	declared on the permit, the vehicle shall be determined to be
721	out of conformance with the permit and the permit shall be
722	declared null and void for the vehicle, and weight and
723	dimensional limits for the vehicle shall be as established in s.
724	316.515 or s. 316.535, whichever is applicable, and:
725	1.  For weight violations, a penalty as provided in s.
726	316.545 shall be assessed for those weights which exceed the
727	limits thus established for the vehicle; and
728	2.  For dimensional, operational, or safety violations, a
729	penalty as established in paragraph (c) or s. 316.516, whichever
730	is applicable, shall be assessed for each nonconforming
731	dimensional, operational, or safety violation and the penalties
732	for multiple violations shall be cumulative for the vehicle.
733	Section 18.  Subsection (9) of section 317.0003, Florida
734	Statutes, is amended to read:
735	317.0003  Definitions.-As used in this chapter, the term:
736	(9)  "ROV" means any motorized recreational off-highway
737	vehicle 64 inches or less in width, having a dry weight of 2,000
738	pounds or less, designed to travel on four or more nonhighway
739	tires, having nonstraddle seating and a steering wheel, and
740	manufactured for recreational use by one or more persons. The
741	term "ROV" does not include a golf cart as defined in ss.
742	320.01(22) and 316.003(68) or a low-speed vehicle as defined in
743	s. 320.01(42).
744	Section 19.  Section 317.0016, Florida Statutes, is amended
745	to read:
746	317.0016  Expedited service; applications; fees.-The
747	department shall provide, through its agents and for use by the
748	public, expedited service on title transfers, title issuances,
749	duplicate titles, and recordation of liens, and certificates of
750	repossession. A fee of $7 shall be charged for this service,
751	which is in addition to the fees imposed by ss. 317.0007 and
752	317.0008, and $3.50 of this fee shall be retained by the
753	processing agency. All remaining fees shall be deposited in the
754	Incidental Trust Fund of the Division of Forestry of the
755	Department of Agriculture and Consumer Services. Application for
756	expedited service may be made by mail or in person. The
757	department shall issue each title applied for pursuant to this
758	section within 5 working days after receipt of the application
759	except for an application for a duplicate title certificate
760	covered by s. 317.0008(3), in which case the title must be
761	issued within 5 working days after compliance with the
762	department's verification requirements.
763	Section 20.  Subsection (9) and paragraph (a) of subsection
764	(10) of section 318.14, Florida Statutes, are amended to read:
765	318.14  Noncriminal traffic infractions; exception;
766	procedures.-
767	(9)  Any person who does not hold a commercial driver's
768	license and who is cited while driving a noncommercial motor
769	vehicle for an infraction under this section other than a
770	violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
771	driver exceeds the posted limit by 30 miles per hour or more, s.
772	320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
773	322.61, or s. 322.62 may, in lieu of a court appearance, elect
774	to attend in the location of his or her choice within this state
775	a basic driver improvement course approved by the Department of
776	Highway Safety and Motor Vehicles. In such a case, adjudication
777	must be withheld and points, as provided by s. 322.27, may not
778	be assessed. However, a person may not make an election under
779	this subsection if the person has made an election under this
780	subsection in the preceding 12 months. A person may make no more
781	than five elections within his or her lifetime under this
782	subsection. The requirement for community service under s.
783	318.18(8) is not waived by a plea of nolo contendere or by the
784	withholding of adjudication of guilt by a court. If a person
785	makes an election to attend a basic driver improvement course
786	under this subsection, 18 percent of the civil penalty imposed
787	under s. 318.18(3) shall be deposited in the State Courts
788	Revenue Trust Fund; however, that portion is not revenue for
789	purposes of s. 28.36 and may not be used in establishing the
790	budget of the clerk of the court under that section or s. 28.35.
791	(10)(a)  Any person who does not hold a commercial driver's
792	license and who is cited while driving a noncommercial motor
793	vehicle for an offense listed under this subsection may, in lieu
794	of payment of fine or court appearance, elect to enter a plea of
795	nolo contendere and provide proof of compliance to the clerk of
796	the court, designated official, or authorized operator of a
797	traffic violations bureau. In such case, adjudication shall be
798	withheld; however, no election shall be made under this
799	subsection if such person has made an election under this
800	subsection in the 12 months preceding election hereunder. No
801	person may make more than three elections under this subsection.
802	This subsection applies to the following offenses:
803	1.  Operating a motor vehicle without a valid driver's
804	license in violation of the provisions of s. 322.03, s. 322.065,
805	or s. 322.15(1), or operating a motor vehicle with a license
806	that has been suspended for failure to appear, failure to pay
807	civil penalty, or failure to attend a driver improvement course
808	pursuant to s. 322.291.
809	2.  Operating a motor vehicle without a valid registration
810	in violation of s. 320.0605, s. 320.07, or s. 320.131.
811	3.  Operating a motor vehicle in violation of s. 316.646.
812	4.  Operating a motor vehicle with a license that has been
813	suspended under s. 61.13016 or s. 322.245 for failure to pay
814	child support or for failure to pay any other financial
815	obligation as provided in s. 322.245; however, this subparagraph
816	does not apply if the license has been suspended pursuant to s.
817	322.245(1).
818	5.  Operating a motor vehicle with a license that has been
819	suspended under s. 322.091 for failure to meet school attendance
820	requirements.
821	Section 21.  Paragraph (a) of subsection (2) of section
822	318.1451, Florida Statutes, is amended to read:
823	318.1451  Driver improvement schools.-
824	(2)(a)  In determining whether to approve the courses
825	referenced in this section, the department shall consider course
826	content designed to promote safety, driver awareness, crash
827	avoidance techniques, the dangers of driving while distracted,
828	which must specifically include the use of technology while
829	driving, and other factors or criteria to improve driver
830	performance from a safety viewpoint.
831	Section 22.  Paragraph (a) of subsection (1) of section
832	318.15, Florida Statutes, is amended to read:
833	318.15  Failure to comply with civil penalty or to appear;
834	penalty.-
835	(1)(a)  If a person fails to comply with the civil
836	penalties provided in s. 318.18 within the time period specified
837	in s. 318.14(4), fails to enter into or comply with the terms of
838	a penalty payment plan with the clerk of the court in accordance
839	with ss. 318.14 and 28.246, fails to attend driver improvement
840	school, or fails to appear at a scheduled hearing, the clerk of
841	the court shall notify the Division of Driver Licenses of the
842	Department of Highway Safety and Motor Vehicles of such failure
843	within 10 days after such failure. Upon receipt of such notice,
844	the department shall immediately issue an order suspending the
845	driver's license and privilege to drive of such person effective
846	20 days after the date the order of suspension is mailed in
847	accordance with s. 322.251(1), (2), and (6). Any such suspension
848	of the driving privilege which has not been reinstated,
849	including a similar suspension imposed outside Florida, shall
850	remain on the records of the department for a period of 7 years
851	from the date imposed and shall be removed from the records
852	after the expiration of 7 years from the date it is imposed.
853	Section 23.  Section 319.14, Florida Statutes, is amended
854	to read:
855	319.14  Sale of motor vehicles registered or used as
856	taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
857	and nonconforming vehicles, custom vehicles, or street rod
858	vehicles.-
859	(1)(a)  A No person may not shall knowingly offer for sale,
860	sell, or exchange any vehicle that has been licensed,
861	registered, or used as a taxicab, police vehicle, or short-term-
862	lease vehicle, or a vehicle that has been repurchased by a
863	manufacturer pursuant to a settlement, determination, or
864	decision under chapter 681, until the department has stamped in
865	a conspicuous place on the certificate of title of the vehicle,
866	or its duplicate, words stating the nature of the previous use
867	of the vehicle or the title has been stamped "Manufacturer's Buy
868	Back" to reflect that the vehicle is a nonconforming vehicle. If
869	the certificate of title or duplicate was not so stamped upon
870	initial issuance thereof or if, subsequent to initial issuance
871	of the title, the use of the vehicle is changed to a use
872	requiring the notation provided for in this section, the owner
873	or lienholder of the vehicle shall surrender the certificate of
874	title or duplicate to the department before prior to offering
875	the vehicle for sale, and the department shall stamp the
876	certificate or duplicate as required herein. If When a vehicle
877	has been repurchased by a manufacturer pursuant to a settlement,
878	determination, or decision under chapter 681, the title shall be
879	stamped "Manufacturer's Buy Back" to reflect that the vehicle is
880	a nonconforming vehicle.
881	(b)  A No person may not shall knowingly offer for sale,
882	sell, or exchange a rebuilt vehicle until the department has
883	stamped in a conspicuous place on the certificate of title for
884	the vehicle words stating that the vehicle has been rebuilt or
885	assembled from parts, or is a kit car, glider kit, replica, or
886	flood vehicle, custom vehicle, or street rod vehicle unless
887	proper application for a certificate of title for a vehicle that
888	is rebuilt or assembled from parts, or is a kit car, glider kit,
889	replica, or flood vehicle, custom vehicle, or street rod vehicle
890	has been made to the department in accordance with this chapter
891	and the department has conducted the physical examination of the
892	vehicle to assure the identity of the vehicle and all major
893	component parts, as defined in s. 319.30(1), which have been
894	repaired or replaced. Thereafter, the department shall affix a
895	decal to the vehicle, in the manner prescribed by the
896	department, showing the vehicle to be rebuilt. A vehicle may not
897	be inspected or issued a rebuilt title until all major component
898	parts, as defined in s. 319.30, which were damaged have been
899	repaired or replaced.
900	(c)  As used in this section, the term:
901	1.  "Police vehicle" means a motor vehicle owned or leased
902	by the state or a county or municipality and used in law
903	enforcement.
904	2.a.  "Short-term-lease vehicle" means a motor vehicle
905	leased without a driver and under a written agreement to one or
906	more persons from time to time for a period of less than 12
907	months.
908	b.  "Long-term-lease vehicle" means a motor vehicle leased
909	without a driver and under a written agreement to one person for
910	a period of 12 months or longer.
911	c.  "Lease vehicle" includes both short-term-lease vehicles
912	and long-term-lease vehicles.
913	3.  "Rebuilt vehicle" means a motor vehicle or mobile home
914	built from salvage or junk, as defined in s. 319.30(1).
915	4.  "Assembled from parts" means a motor vehicle or mobile
916	home assembled from parts or combined from parts of motor
917	vehicles or mobile homes, new or used. "Assembled from parts"
918	does not mean a motor vehicle defined as a "rebuilt vehicle" in
919	subparagraph 3., which has been declared a total loss pursuant
920	to s. 319.30.
921	5.  "Kit car" means a motor vehicle assembled with a kit
922	supplied by a manufacturer to rebuild a wrecked or outdated
923	motor vehicle with a new body kit.
924	6.  "Glider kit" means a vehicle assembled with a kit
925	supplied by a manufacturer to rebuild a wrecked or outdated
926	truck or truck tractor.
927	7.  "Replica" means a complete new motor vehicle
928	manufactured to look like an old vehicle.
929	8.  "Flood vehicle" means a motor vehicle or mobile home
930	that has been declared to be a total loss pursuant to s.
931	319.30(3)(a) resulting from damage caused by water.
932	9.  "Nonconforming vehicle" means a motor vehicle which has
933	been purchased by a manufacturer pursuant to a settlement,
934	determination, or decision under chapter 681.
935	10.  "Settlement" means an agreement entered into between a
936	manufacturer and a consumer that occurs after a dispute is
937	submitted to a program, or an informal dispute settlement
938	procedure established by a manufacturer or is approved for
939	arbitration before the New Motor Vehicle Arbitration Board as
940	defined in s. 681.102.
941	11.  "Custom vehicle" means a motor vehicle that:
942	a.  Is 25 years of age or older and of a model year after
943	1948, or was manufactured to resemble a vehicle that is 25 years
944	of age or older and of a model year after 1948; and
945	b.  Has been altered from the manufacturer's original
946	design or has a body constructed from nonoriginal materials.
947
948	The model year and year of manufacture which the body of a
949	custom vehicle resembles is the model year and year of
950	manufacture listed on the certificate of title, regardless of
951	when the vehicle was actually manufactured.
952	12.  "Street rod" means a motor vehicle that:
953	a.  Is a model year of 1948 or older or was manufactured
954	after 1948 to resemble a vehicle of a model year of 1948 or
955	older; and
956	b.  Has been altered from the manufacturer's original
957	design or has a body constructed from nonoriginal materials.
958
959	The model year and year of manufacture which the body of a
960	street rod resembles is the model year and year of manufacture
961	listed on the certificate of title, regardless of when the
962	vehicle was actually manufactured.
963	(2)  A No person may not shall knowingly sell, exchange, or
964	transfer a vehicle referred to in subsection (1) without, before
965	prior to consummating the sale, exchange, or transfer,
966	disclosing in writing to the purchaser, customer, or transferee
967	the fact that the vehicle has previously been titled,
968	registered, or used as a taxicab, police vehicle, or short-term-
969	lease vehicle, or is a vehicle that is rebuilt or assembled from
970	parts, or is a kit car, glider kit, replica, or flood vehicle,
971	or is a nonconforming vehicle, custom vehicle, or street rod
972	vehicle, as the case may be.
973	(3)  Any person who, with intent to offer for sale or
974	exchange any vehicle referred to in subsection (1), knowingly or
975	intentionally advertises, publishes, disseminates, circulates,
976	or places before the public in any communications medium,
977	whether directly or indirectly, any offer to sell or exchange
978	the vehicle shall clearly and precisely state in each such offer
979	that the vehicle has previously been titled, registered, or used
980	as a taxicab, police vehicle, or short-term-lease vehicle or
981	that the vehicle or mobile home is a vehicle that is rebuilt or
982	assembled from parts, or is a kit car, glider kit, replica, or
983	flood vehicle, or is a nonconforming vehicle, custom vehicle, or
984	street rod vehicle, as the case may be. Any person who violates
985	this subsection commits a misdemeanor of the second degree,
986	punishable as provided in s. 775.082 or s. 775.083.
987	(4)  If When a certificate of title, including a foreign
988	certificate, is branded to reflect a condition or prior use of
989	the titled vehicle, the brand must be noted on the registration
990	certificate of the vehicle and such brand shall be carried
991	forward on all subsequent certificates of title and registration
992	certificates issued for the life of the vehicle.
993	(5)  Any person who knowingly sells, exchanges, or offers
994	to sell or exchange a motor vehicle or mobile home contrary to
995	the provisions of this section or any officer, agent, or
996	employee of a person who knowingly authorizes, directs, aids in,
997	or consents to the sale, exchange, or offer to sell or exchange
998	a motor vehicle or mobile home contrary to the provisions of
999	this section commits a misdemeanor of the second degree,
1000	punishable as provided in s. 775.082 or s. 775.083.
1001	(6)  Any person who removes a rebuilt decal from a rebuilt
1002	vehicle with the intent to conceal the rebuilt status of the
1003	vehicle commits a felony of the third degree, punishable as
1004	provided in s. 775.082, s. 775.083, or s. 775.084.
1005	(7)  This section applies to a mobile home, travel trailer,
1006	camping trailer, truck camper, or fifth-wheel recreation trailer
1007	only when the such mobile home or vehicle is a rebuilt vehicle
1008	or is assembled from parts.
1009	(8)  A No person is not shall be liable or accountable in
1010	any civil action arising out of a violation of this section if
1011	the designation of the previous use or condition of the motor
1012	vehicle is not noted on the certificate of title and
1013	registration certificate of the vehicle which was received by,
1014	or delivered to, such person, unless the such person has
1015	actively concealed the prior use or condition of the vehicle
1016	from the purchaser.
1017	(9)  Subsections (1), (2), and (3) do not apply to the
1018	transfer of ownership of a motor vehicle after the motor vehicle
1019	has ceased to be used as a lease vehicle and the ownership has
1020	been transferred to an owner for private use or to the transfer
1021	of ownership of a nonconforming vehicle with 36,000 or more
1022	miles on its odometer, or 34 months whichever is later and the
1023	ownership has been transferred to an owner for private use. Such
1024	owner, as shown on the title certificate, may request the
1025	department to issue a corrected certificate of title that does
1026	not contain the statement of the previous use of the vehicle as
1027	a lease vehicle or condition as a nonconforming vehicle.
1028	Section 24.  Section 319.225, Florida Statutes, is amended
1029	to read:
1030	319.225  Transfer and reassignment forms; odometer
1031	disclosure statements.-
1032	(1)  Every certificate of title issued by the department
1033	must contain the following statement on its reverse side:
1034	"Federal and state law require the completion of the odometer
1035	statement set out below. Failure to complete or providing false
1036	information may result in fines, imprisonment, or both."
1037	(2)  Each certificate of title issued by the department
1038	must contain on its reverse side a form for transfer of title by
1039	the titleholder of record, which form must contain an odometer
1040	disclosure statement in the form required by 49 C.F.R. s. 580.5.
1041	(3)  Each certificate of title issued by the department
1042	must contain on its reverse side as many forms as space allows
1043	for reassignment of title by a licensed dealer as permitted by
1044	s. 319.21(3), which form or forms shall contain an odometer
1045	disclosure statement in the form required by 49 C.F.R. s. 580.5.
1046	When all dealer reassignment forms provided on the back of the
1047	title certificate have been filled in, a dealer may reassign the
1048	title certificate by using a separate dealer reassignment form
1049	issued by the department in compliance with 49 C.F.R. ss. 580.4
1050	and 580.5, which form shall contain an original, two carbon
1051	copies one of which shall be submitted directly to the
1052	department by the dealer within 5 business days after the
1053	transfer and a copy, one of which shall be retained by the
1054	dealer in his or her records for 5 years. The provisions of this
1055	subsection shall also apply to vehicles not previously titled in
1056	this state and vehicles whose title certificates do not contain
1057	the forms required by this section.
1058	(4)  Upon transfer or reassignment of a certificate of
1059	title to a used motor vehicle, the transferor shall complete the
1060	odometer disclosure statement provided for by this section and
1061	the transferee shall acknowledge the disclosure by signing and
1062	printing his or her name in the spaces provided. This subsection
1063	does not apply to a vehicle that has a gross vehicle rating of
1064	more than 16,000 pounds, a vehicle that is not self-propelled,
1065	or a vehicle that is 10 years old or older. A lessor who
1066	transfers title to his or her vehicle without obtaining
1067	possession of the vehicle shall make odometer disclosure as
1068	provided by 49 C.F.R. s. 580.7. Any person who fails to complete
1069	or acknowledge a disclosure statement as required by this
1070	subsection commits is guilty of a misdemeanor of the second
1071	degree, punishable as provided in s. 775.082 or s. 775.083. The
1072	department may not issue a certificate of title unless this
1073	subsection has been complied with.
1074	(5)  The same person may not sign a disclosure statement as
1075	both the transferor and the transferee in the same transaction
1076	except as provided in subsection (6).
1077	(6)(a)  If the certificate of title is physically held by a
1078	lienholder, the transferor may give a power of attorney to his
1079	or her transferee for the purpose of odometer disclosure. The
1080	power of attorney must be on a form issued or authorized by the
1081	department, which form must be in compliance with 49 C.F.R. ss.
1082	580.4 and 580.13. The department shall not require the signature
1083	of the transferor to be notarized on the form; however, in lieu
1084	of notarization, the form shall include an affidavit with the
1085	following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
1086	HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
1087	ARE TRUE. The transferee shall sign the power of attorney form,
1088	print his or her name, and return a copy of the power of
1089	attorney form to the transferor. Upon receipt of a title
1090	certificate, the transferee shall complete the space for mileage
1091	disclosure on the title certificate exactly as the mileage was
1092	disclosed by the transferor on the power of attorney form. If
1093	the transferee is a licensed motor vehicle dealer who is
1094	transferring the vehicle to a retail purchaser, the dealer shall
1095	make application on behalf of the retail purchaser as provided
1096	in s. 319.23(6) and shall submit the original power of attorney
1097	form to the department with the application for title and the
1098	transferor's title certificate; otherwise, a dealer may reassign
1099	the title certificate by using the dealer reassignment form in
1100	the manner prescribed in subsection (3), and, at the time of
1101	physical transfer of the vehicle, the original power of attorney
1102	shall be delivered to the person designated as the transferee of
1103	the dealer on the dealer reassignment form. A copy of the
1104	executed power of attorney shall be submitted to the department
1105	with a copy of the executed dealer reassignment form within 5
1106	business days after the certificate of title and dealer
1107	reassignment form are delivered by the dealer to its transferee.
1108	(b)  If the certificate of title is lost or otherwise
1109	unavailable, the transferor may give a power of attorney to his
1110	or her transferee for the purpose of odometer disclosure. The
1111	power of attorney must be on a form issued or authorized by the
1112	department, which form must be in compliance with 49 C.F.R. ss.
1113	580.4 and 580.13. The department shall not require the signature
1114	of the transferor to be notarized on the form; however, in lieu
1115	of notarization, the form shall include an affidavit with the
1116	following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
1117	HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
1118	ARE TRUE. The transferee shall sign the power of attorney form,
1119	print his or her name, and return a copy of the power of
1120	attorney form to the transferor. Upon receipt of the title
1121	certificate or a duplicate title certificate, the transferee
1122	shall complete the space for mileage disclosure on the title
1123	certificate exactly as the mileage was disclosed by the
1124	transferor on the power of attorney form. If the transferee is a
1125	licensed motor vehicle dealer who is transferring the vehicle to
1126	a retail purchaser, the dealer shall make application on behalf
1127	of the retail purchaser as provided in s. 319.23(6) and shall
1128	submit the original power of attorney form to the department
1129	with the application for title and the transferor's title
1130	certificate or duplicate title certificate; otherwise, a dealer
1131	may reassign the title certificate by using the dealer
1132	reassignment form in the manner prescribed in subsection (3),
1133	and, at the time of physical transfer of the vehicle, the
1134	original power of attorney shall be delivered to the person
1135	designated as the transferee of the dealer on the dealer
1136	reassignment form. If the dealer sells the vehicle to an out-of-
1137	state resident or an out-of-state dealer and the power of
1138	attorney form is applicable to the transaction, the dealer must
1139	photocopy the completed original of the form and mail it
1140	directly to the department within 5 business days after the
1141	certificate of title and dealer reassignment form are delivered
1142	by the dealer to the purchaser. A copy of the executed power of
1143	attorney shall be submitted to the department with a copy of the
1144	executed dealer reassignment form within 5 business days after
1145	the duplicate certificate of title and dealer reassignment form
1146	are delivered by the dealer to its transferee.
1147	(c)  If the mechanics of the transfer of title to a motor
1148	vehicle in accordance with the provisions of paragraph (a) or
1149	paragraph (b) are determined to be incompatible with and
1150	unlawful under the provisions of 49 C.F.R. part 580, the
1151	transfer of title to a motor vehicle by operation of this
1152	subsection can be effected in any manner not inconsistent with
1153	49 C.F.R. part 580 and Florida law; provided, any power of
1154	attorney form issued or authorized by the department under this
1155	subsection shall contain an original, two carbon copies, one of
1156	which shall be submitted directly to the department by the
1157	dealer within 5 business days of use by the dealer to effect
1158	transfer of a title certificate as provided in paragraphs (a)
1159	and (b) and a copy, one of which shall be retained by the dealer
1160	in its records for 5 years.
1161	(d)  Any person who fails to complete the information
1162	required by this subsection or to file with the department the
1163	forms required by this subsection commits is guilty of a
1164	misdemeanor of the second degree, punishable as provided in s.
1165	775.082 or s. 775.083. The department shall not issue a
1166	certificate of title unless this subsection has been complied
1167	with.
1168	(7)  Subject to approval by the National Highway Traffic
1169	Safety Administration or any other applicable authority, if a
1170	title is held electronically and the transferee agrees to
1171	maintain the title electronically, the transferor and transferee
1172	shall complete a secure reassignment document that discloses the
1173	odometer reading and is signed by both the transferor and
1174	transferee at the tax collector's office or license plate
1175	agency. A dealer acquiring a motor vehicle that has an
1176	electronic title shall use a secure reassignment document signed
1177	by the person from whom the dealer acquired the motor vehicle.
1178	Upon transferring the motor vehicle to a purchaser, a separate
1179	reassignment document shall be executed.
1180	(8)(7)  Each certificate of title issued by the department
1181	must contain on its reverse side a minimum of three four spaces
1182	for notation of the name and license number of any auction
1183	through which the vehicle is sold and the date the vehicle was
1184	auctioned. Each separate dealer reassignment form issued by the
1185	department must also have the space referred to in this section.
1186	When a transfer of title is made at a motor vehicle auction, the
1187	reassignment must note the name and address of the auction, but
1188	the auction shall not thereby be deemed to be the owner, seller,
1189	transferor, or assignor of title. A motor vehicle auction is
1190	required to execute a dealer reassignment only when it is the
1191	owner of a vehicle being sold.
1192	(9)(8)  Upon transfer or reassignment of a used motor
1193	vehicle through the services of an auction, the auction shall
1194	complete the information in the space provided for by subsection
1195	(8) (7). Any person who fails to complete the information as
1196	required by this subsection commits is guilty of a misdemeanor
1197	of the second degree, punishable as provided in s. 775.082 or s.
1198	775.083. The department shall not issue a certificate of title
1199	unless this subsection has been complied with.
1200	(10)(9)  This section shall be construed to conform to 49
1201	C.F.R. part 580.
1202	Section 25.  Subsection (6) of section 319.23, Florida
1203	Statutes, is amended, present subsections (7) through (11) of
1204	that section are renumbered as subsections (8) through (12),
1205	respectively, and  a new subsection (7) is added to that
1206	section, to read:
1207	319.23  Application for, and issuance of, certificate of
1208	title.-
1209	(6)(a)  In the case of the sale of a motor vehicle or
1210	mobile home by a licensed dealer to a general purchaser, the
1211	certificate of title must be obtained in the name of the
1212	purchaser by the dealer upon application signed by the
1213	purchaser, and in each other case such certificate must be
1214	obtained by the purchaser. In each case of transfer of a motor
1215	vehicle or mobile home, the application for a certificate of
1216	title, a corrected certificate, or an assignment or reassignment
1217	must be filed within 30 days after the delivery of the motor
1218	vehicle or from consummation of the sale of a mobile home to the
1219	purchaser. An applicant must pay a fee of $20, in addition to
1220	all other fees and penalties required by law, for failing to
1221	file such application within the specified time. In the case of
1222	the sale of a motor vehicle by a licensed motor vehicle dealer
1223	to a general purchaser who resides in another state or country,
1224	the dealer is not required to apply for a certificate of title
1225	for the motor vehicle; however, the dealer must transfer
1226	ownership and reassign the certificate of title or
1227	manufacturer's certificate of origin to the purchaser, and the
1228	purchaser must sign an affidavit, as approved by the department,
1229	that the purchaser will title and register the motor vehicle in
1230	another state or country.
1231	(b)  If a licensed dealer acquires a motor vehicle or
1232	mobile home as a trade-in, the dealer must file with the
1233	department, within 30 days, a notice of sale signed by the
1234	seller. The department shall update its database for that title
1235	record to indicate "sold." A licensed dealer need not apply for
1236	a certificate of title for any motor vehicle or mobile home in
1237	stock acquired for stock purposes except as provided in s.
1238	319.225.
1239	(7)  If an applicant for a certificate of title is unable
1240	to provide the department with a certificate of title that
1241	assigns the prior owner's interest in the motor vehicle, the
1242	department may accept a bond in the form prescribed by the
1243	department, along with an affidavit in a form prescribed by the
1244	department, which includes verification of the vehicle
1245	identification number and an application for title.
1246	(a)  The bond must be:
1247	1.  In a form prescribed by the department;
1248	2.  Executed by the applicant;
1249	3.  Issued by a person authorized to conduct a surety
1250	business in this state;
1251	4.  In an amount equal to two times the value of the
1252	vehicle as determined by the department; and
1253	5.  Conditioned to indemnify all prior owners and
1254	lienholders and all subsequent purchasers of the vehicle or
1255	persons who acquire a security interest in the vehicle, and
1256	their successors in interest, against any expense, loss, or
1257	damage, including reasonable attorney's fees, occurring because
1258	of the issuance of the certificate of title for the vehicle or
1259	for a defect in or undisclosed security interest on the right,
1260	title, or interest of the applicant to the vehicle.
1261	(b)  An interested person has a right to recover on the
1262	bond for a breach of the bond's condition. The aggregate
1263	liability of the surety to all persons may not exceed the amount
1264	of the bond.
1265	(c)  A bond under this subsection expires on the third
1266	anniversary of the date the bond became effective.
1267	(d)  The affidavit must:
1268	1.  Be in a form prescribed by the department;
1269	2.  Include the facts and circumstances through which the
1270	applicant acquired ownership and possession of the motor
1271	vehicle;
1272	3.  Disclose that no security interests, liens, or
1273	encumbrances against the motor vehicle are known to the
1274	applicant against the motor vehicle; and
1275	4.  State that the applicant has the right to have a
1276	certificate of title issued.
1277	Section 26.  Paragraph (b) of subsection (2) of section
1278	319.28, Florida Statutes, is amended to read:
1279	319.28  Transfer of ownership by operation of law.-
1280	(2)
1281	(b)  In case of repossession of a motor vehicle or mobile
1282	home pursuant to the terms of a security agreement or similar
1283	instrument, an affidavit by the party to whom possession has
1284	passed stating that the vehicle or mobile home was repossessed
1285	upon default in the terms of the security agreement or other
1286	instrument shall be considered satisfactory proof of ownership
1287	and right of possession. At least 5 days before prior to selling
1288	the repossessed vehicle, any subsequent lienholder named in the
1289	last issued certificate of title shall be sent notice of the
1290	repossession by certified mail, on a form prescribed by the
1291	department. If such notice is given and no written protest to
1292	the department is presented by a subsequent lienholder within 15
1293	days after from the date on which the notice was mailed, the
1294	certificate of title or the certificate of repossession shall be
1295	issued showing no liens. If the former owner or any subsequent
1296	lienholder files a written protest under oath within such 15-day
1297	period, the department shall not issue the certificate of title
1298	or certificate of repossession for 10 days thereafter. If within
1299	the 10-day period no injunction or other order of a court of
1300	competent jurisdiction has been served on the department
1301	commanding it not to deliver the certificate of title or
1302	certificate of repossession, the department shall deliver the
1303	certificate of title or repossession to the applicant or as may
1304	otherwise be directed in the application showing no other liens
1305	than those shown in the application. Any lienholder who has
1306	repossessed a vehicle in this state in compliance with the
1307	provisions of this section must apply to a tax collector's
1308	office in this state or to the department for a certificate of
1309	repossession or to the department for a certificate of title
1310	pursuant to s. 319.323. Proof of the required notice to
1311	subsequent lienholders shall be submitted together with regular
1312	title fees. A lienholder to whom a certificate of repossession
1313	has been issued may assign the certificate of title to the
1314	subsequent owner. Any person who violates found guilty of
1315	violating any requirements of this paragraph commits shall be
1316	guilty of a felony of the third degree, punishable as provided
1317	in s. 775.082, s. 775.083, or s. 775.084.
1318	Section 27.  Section 319.323, Florida Statutes, is amended
1319	to read:
1320	319.323  Expedited service; applications; fees.-The
1321	department shall establish a separate title office which may be
1322	used by private citizens and licensed motor vehicle dealers to
1323	receive expedited service on title transfers, title issuances,
1324	duplicate titles, and recordation of liens, and certificates of
1325	repossession. A fee of $10 shall be charged for this service,
1326	which fee is in addition to the fees imposed by s. 319.32. The
1327	fee, after deducting the amount referenced by s. 319.324 and
1328	$3.50 to be retained by the processing agency, shall be
1329	deposited into the General Revenue Fund. Application for
1330	expedited service may be made by mail or in person. The
1331	department shall issue each title applied for under this section
1332	within 5 working days after receipt of the application except
1333	for an application for a duplicate title certificate covered by
1334	s. 319.23(4), in which case the title must be issued within 5
1335	working days after compliance with the department's verification
1336	requirements.
1337	Section 28.  Section 319.40, Florida Statutes, is amended
1338	to read:
1339	319.40  Transactions by electronic or telephonic means.-
1340	(1)  The department may is authorized to accept any
1341	application provided for under this chapter by electronic or
1342	telephonic means.
1343	(2)  The department may issue an electronic certificate of
1344	title in lieu of printing a paper title.
1345	(3)  The department may collect and use electronic mail
1346	addresses as a notification method in lieu of the United States
1347	Postal Service.
1348	Section 29.  Paragraph (a) of subsection (1) of section
1349	320.01, Florida Statutes, is amended, present subsections (24)
1350	through (45) are renumbered as subsections (23) through (44),
1351	respectively, present subsections (23), (25), and (26) are
1352	amended, and a new subsection (45) is added to that section, to
1353	read:
1354	320.01  Definitions, general.-As used in the Florida
1355	Statutes, except as otherwise provided, the term:
1356	(1)  "Motor vehicle" means:
1357	(a)  An automobile, motorcycle, truck, trailer,
1358	semitrailer, truck tractor and semitrailer combination, or any
1359	other vehicle operated on the roads of this state, used to
1360	transport persons or property, and propelled by power other than
1361	muscular power, but the term does not include traction engines,
1362	road rollers, special mobile equipment as defined in chapter
1363	316, such vehicles as run only upon a track, bicycles, swamp
1364	buggies, or mopeds.
1365	(23)  "Apportioned motor vehicle" means any motor vehicle
1366	which is required to be registered, or with respect to which an
1367	election has been made to register it, under the International
1368	Registration Plan.
1369	(24)(25)  "Apportionable vehicle" means any vehicle, except
1370	recreational vehicles, vehicles displaying restricted plates,
1371	city pickup and delivery vehicles, buses used in transportation
1372	of chartered parties, and government-owned vehicles, which is
1373	used or intended for use in two or more member jurisdictions
1374	that allocate or proportionally register vehicles and which is
1375	used for the transportation of persons for hire or is designed,
1376	used, or maintained primarily for the transportation of property
1377	and:
1378	(a)  Is a power unit having a gross vehicle weight in
1379	excess of 26,000 26,001 pounds;
1380	(b)  Is a power unit having three or more axles, regardless
1381	of weight; or
1382	(c)  Is used in combination, when the weight of such
1383	combination exceeds 26,000 26,001 pounds gross vehicle weight.
1384
1385	Vehicles, or combinations thereof, having a gross vehicle weight
1386	of 26,000 26,001 pounds or less and two-axle vehicles may be
1387	proportionally registered.
1388	(25)(26)  "Commercial motor vehicle" means any vehicle that
1389	which is not owned or operated by a governmental entity, that
1390	which uses special fuel or motor fuel on the public highways,
1391	and that which has a gross vehicle weight of 26,001 pounds or
1392	more, or has three or more axles regardless of weight, or is
1393	used in combination when the weight of such combination exceeds
1394	26,000 26,001 pounds gross vehicle weight. A vehicle that
1395	occasionally transports personal property to and from a closed-
1396	course motorsport facility, as defined in s. 549.09(1)(a), is
1397	not a commercial motor vehicle if the use is not for profit and
1398	corporate sponsorship is not involved. As used in this
1399	subsection, the term "corporate sponsorship" means a payment,
1400	donation, gratuity, in-kind service, or other benefit provided
1401	to or derived by a person in relation to the underlying
1402	activity, other than the display of product or corporate names,
1403	logos, or other graphic information on the property being
1404	transported.
1405	(45)  SWAMP BUGGY.-A motorized off-road vehicle designed to
1406	travel over swampy terrain, which may utilize large tires or
1407	tracks operated from an elevated platform, and may be used upon
1408	varied terrain. A swamp buggy does not include any vehicle
1409	defined in chapter 261 or otherwise defined or classified in
1410	this chapter. A swamp buggy may not be operated upon the public
1411	roads, streets, or highways of this state, except to the extent
1412	specifically authorized by a state or federal agency to be used
1413	exclusively upon lands, managed, owned, or leased by that
1414	agency.
1415	Section 30.  Subsections (2) and (4) of section 320.02,
1416	Florida Statutes, are amended, paragraphs (o), (p), (q), and (r)
1417	are added to subsection (15), and subsection (18) is added to
1418	that section, to read:
1419	320.02  Registration required; application for
1420	registration; forms.-
1421	(2)(a)  The application for registration shall include the
1422	street address of the owner's permanent residence or the address
1423	of his or her permanent place of business and shall be
1424	accompanied by personal or business identification information
1425	which may include, but need not be limited to, a driver's
1426	license number, Florida identification card number, or federal
1427	employer identification number. If the owner does not have a
1428	permanent residence or permanent place of business or if the
1429	owner's permanent residence or permanent place of business
1430	cannot be identified by a street address, the application shall
1431	include:
1432	1.  If the vehicle is registered to a business, the name
1433	and street address of the permanent residence of an owner of the
1434	business, an officer of the corporation, or an employee who is
1435	in a supervisory position.
1436	2.  If the vehicle is registered to an individual, the name
1437	and street address of the permanent residence of a close
1438	relative or friend who is a resident of this state.
1439
1440	If the vehicle is registered to an active-duty military member
1441	who is a Florida resident, the member is exempt from the
1442	requirement to provide a Florida residential address.
1443	(b)  The department shall prescribe a form upon which motor
1444	vehicle owners may record odometer readings when registering
1445	their motor vehicles.
1446	(4)  The owner of any motor vehicle registered in the state
1447	shall notify the department in writing of any change of address
1448	within 20 days of such change. The notification shall include
1449	the registration license plate number, the vehicle
1450	identification number (VIN) or title certificate number, year of
1451	vehicle make, and the owner's full name. Any owner or registrant
1452	who possesses a Florida driver's license or identification card
1453	and changes residence or mailing address must obtain a
1454	replacement as provided for in s. 322.19(2) before changing the
1455	address on the motor vehicle record.
1456	(15)
1457	(o)  The application form for motor vehicle registration
1458	and renewal registration must include language permitting the
1459	voluntary contribution of $1 to End Hunger in Florida. The
1460	proceeds shall be distributed monthly by the department to the
1461	Florida Association of Food Banks, Inc., a corporation not for
1462	profit under s. 501(c)(3) of the Internal Revenue Code. The
1463	funds shall be used by the organization for the purpose of
1464	ending hunger in Florida.
1465	(p)  The application form for motor vehicle registration
1466	and renewal of registration must include language permitting a
1467	voluntary contribution of $1 to Take Stock In Children. Such
1468	contributions shall be transferred by the department each month
1469	to Take Stock In Children, Inc.
1470	(q)  The application form for motor vehicle registration
1471	and renewal of registration must include language permitting a
1472	voluntary contribution of $1 per applicant for Autism Services
1473	and Supports. Such contributions must be transferred by the
1474	department each month to the Achievement and Rehabilitation
1475	Centers, Inc., Autism Services Fund.
1476	(r)  The application form for motor vehicle registration
1477	and renewal of registration must include language permitting a
1478	voluntary contribution of $1 to Support Our Troops, which shall
1479	be distributed monthly to Support Our Troops, Inc., a Florida
1480	not-for-profit organization.
1481
1482	For the purpose of applying the service charge provided in s.
1483	215.20, contributions received under this subsection are not
1484	income of a revenue nature.
1485	(18)  All electronic registration records shall be retained
1486	by the department for not less than 10 years.
1487	Section 31.  Subsection (9) is added to section 320.023,
1488	Florida Statutes, to read:
1489	320.023  Requests to establish voluntary checkoff on motor
1490	vehicle registration application.-
1491	(9)  The department may annually retain from the first
1492	proceeds derived from the voluntary contributions collected an
1493	amount sufficient to defray for each voluntary contribution the
1494	pro rata share of the department's costs directly related to the
1495	voluntary contributions program. Such costs include renewal
1496	notices, postage, distribution costs, direct costs to the
1497	department, and costs associated with reviewing each
1498	organization's compliance with the audit and attestation
1499	requirements of this section. The balance of the proceeds from
1500	the voluntary contributions collected shall be distributed as
1501	provided by law.
1502	Section 32.  Subsections (7) and (8) of section 320.03,
1503	Florida Statutes, are amended to read:
1504	320.03  Registration; duties of tax collectors;
1505	International Registration Plan.-
1506	(7)  The Department of Highway Safety and Motor Vehicles
1507	shall register apportionable apportioned motor vehicles under
1508	the provisions of the International Registration Plan. The
1509	department may adopt rules to implement and enforce the
1510	provisions of the plan.
1511	(8)  If the applicant's name appears on the list referred
1512	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1513	license plate or revalidation sticker may not be issued until
1514	that person's name no longer appears on the list or until the
1515	person presents a receipt from the governmental entity or the
1516	clerk of court that provided the data showing that the fines
1517	outstanding have been paid. This subsection does not apply to
1518	the owner of a leased vehicle if the vehicle is registered in
1519	the name of the lessee of the vehicle. The tax collector and the
1520	clerk of the court are each entitled to receive monthly, as
1521	costs for implementing and administering this subsection, 10
1522	percent of the civil penalties and fines recovered from such
1523	persons. As used in this subsection, the term "civil penalties
1524	and fines" does not include a wrecker operator's lien as
1525	described in s. 713.78(13). If the tax collector has private tag
1526	agents, such tag agents are entitled to receive a pro rata share
1527	of the amount paid to the tax collector, based upon the
1528	percentage of license plates and revalidation stickers issued by
1529	the tag agent compared to the total issued within the county.
1530	The authority of any private agent to issue license plates shall
1531	be revoked, after notice and a hearing as provided in chapter
1532	120, if he or she issues any license plate or revalidation
1533	sticker contrary to the provisions of this subsection. This
1534	section applies only to the annual renewal in the owner's birth
1535	month of a motor vehicle registration and does not apply to the
1536	transfer of a registration of a motor vehicle sold by a motor
1537	vehicle dealer licensed under this chapter, except for the
1538	transfer of registrations which is inclusive of the annual
1539	renewals. This section does not affect the issuance of the title
1540	to a motor vehicle, notwithstanding s. 319.23(8)(7)(b).
1541	Section 33.  Paragraph (b) of subsection (3) and subsection
1542	(5) of section 320.05, Florida Statutes, are amended to read:
1543	320.05  Records of the department; inspection procedure;
1544	lists and searches; fees.-
1545	(3)
1546	(b)  Fees therefor shall be charged and collected as
1547	follows:
1548	1.  For providing lists of motor vehicle or vessel records
1549	for the entire state, or any part or parts thereof, divided
1550	according to counties, a sum computed at a rate of not less than
1551	1 cent nor more than 5 cents per item.
1552	2.  For providing noncertified photographic copies of motor
1553	vehicle or vessel documents, $1 per page.
1554	3.  For providing noncertified photographic copies of
1555	micrographic records, $1 per page.
1556	4.  For providing certified copies of motor vehicle or
1557	vessel records, $3 per record.
1558	5.  For providing noncertified computer-generated printouts
1559	of motor vehicle or vessel records, 50 cents per record.
1560	6.  For providing certified computer-generated printouts of
1561	motor vehicle or vessel records, $3 per record.
1562	7.  For providing electronic access to motor vehicle,
1563	vessel, and mobile home registration data requested by tag,
1564	vehicle identification number, title number, or decal number, 50
1565	cents per item.
1566	8.  For providing electronic access to driver's license
1567	status report by name, sex, and date of birth or by driver
1568	license number, 50 cents per item.
1569	9.  For providing lists of licensed mobile home dealers and
1570	manufacturers and recreational vehicle dealers and
1571	manufacturers, $15 per list.
1572	10.  For providing lists of licensed motor vehicle dealers,
1573	$25 per list.
1574	11.  For each copy of a videotape record, $15 per tape.
1575	12.  For each copy of the Division of Motor Vehicles
1576	Procedures Manual, $25.
1577	(5)  The creation and maintenance of records by the
1578	Division of Motorist Services within the department and the
1579	Division of Motor Vehicles pursuant to this chapter shall not be
1580	regarded as law enforcement functions of agency recordkeeping.
1581	Section 34.  Paragraph (d) is added to subsection (1) of
1582	section 320.06, Florida Statutes, and subsection (5) is added to
1583	that section, to read:
1584	320.06  Registration certificates, license plates, and
1585	validation stickers generally.-
1586	(1)
1587	(d)  The department may conduct a pilot program to evaluate
1588	designs, concepts, and technologies for alternative license
1589	plate technologies. The pilot program shall investigate the
1590	feasibility and use of alternative license plate technologies
1591	and shall be limited to license plates that are used on
1592	government-owned motor vehicles, as defined in s. 320.0655.
1593	Government license plates in the pilot program are exempt from
1594	current license plate requirements in paragraph (3)(a).
1595	(5)  All license plates issued pursuant to this chapter are
1596	the property of the State of Florida.
1597	Section 35.  Section 320.061, Florida Statutes, is amended
1598	to read:
1599	320.061  Unlawful to alter motor vehicle registration
1600	certificates, temporary license plates, license plates, mobile
1601	home stickers, or validation stickers or to obscure license
1602	plates; penalty.-No person shall alter the original appearance
1603	of any registration license plate, temporary license plate,
1604	mobile home sticker, validation sticker, or vehicle registration
1605	certificate issued for and assigned to any motor vehicle or
1606	mobile home, whether by mutilation, alteration, defacement, or
1607	change of color or in any other manner. No person shall apply or
1608	attach any substance, reflective matter, illuminated device,
1609	spray, coating, covering, or other material onto or around any
1610	license plate that interferes with the legibility, angular
1611	visibility, or detectability of any feature or detail on the
1612	license plate or interferes with the ability to record any
1613	feature or detail on the license plate. Any person who violates
1614	this section commits a noncriminal traffic infraction,
1615	punishable as a moving violation as provided in chapter 318.
1616	Section 36.  Subsection (1) of section 320.071, Florida
1617	Statutes, is amended to read:
1618	320.071  Advance registration renewal; procedures.-
1619	(1)(a)  The owner of any motor vehicle or mobile home
1620	currently registered in this state may file an application for
1621	renewal of registration with the department, or its authorized
1622	agent in the county wherein the owner resides, any time during
1623	the 3 months preceding the date of expiration of the
1624	registration period. The registration period may not exceed 27
1625	months.
1626	(b)  The owner of any apportionable apportioned motor
1627	vehicle currently registered in this state under the provisions
1628	of the International Registration Plan may file an application
1629	for renewal of registration with the department any time during
1630	the 3 months preceding the date of expiration of the
1631	registration period.
1632	Section 37.  Subsections (1) and (3) of section 320.0715,
1633	Florida Statutes, are amended to read:
1634	320.0715  International Registration Plan; motor carrier
1635	services; permits; retention of records.-
1636	(1)  All apportionable commercial motor vehicles domiciled
1637	in this state and engaged in interstate commerce shall be
1638	registered in accordance with the provisions of the
1639	International Registration Plan and shall display apportioned
1640	license plates.
1641	(3)(a)  If the department is unable to immediately issue
1642	the apportioned license plate to an applicant currently
1643	registered in this state under the International Registration
1644	Plan or to a vehicle currently titled in this state, the
1645	department or its designated agent is authorized to issue a 60-
1646	day temporary operational permit. The department or agent of the
1647	department shall charge a $3 fee and the service charge
1648	authorized by s. 320.04 for each temporary operational permit it
1649	issues.
1650	(b)  The department shall in no event issue a temporary
1651	operational permit for any apportionable commercial motor
1652	vehicle to any applicant until the applicant has shown that:
1653	1.  All sales or use taxes due on the registration of the
1654	vehicle are paid; and
1655	2.  Insurance requirements have been met in accordance with
1656	ss. 320.02(5) and 627.7415.
1657	(c)  Issuance of a temporary operational permit provides
1658	commercial motor vehicle registration privileges in each
1659	International Registration Plan member jurisdiction designated
1660	on said permit and therefore requires payment of all applicable
1661	registration fees and taxes due for that period of registration.
1662	(d)  Application for permanent registration must be made to
1663	the department within 10 days following from issuance of a
1664	temporary operational permit. Failure to file an application
1665	within this 10-day period may result in cancellation of the
1666	temporary operational permit.
1667	Section 38.  Paragraph (d) of subsection (5) of section
1668	320.08, Florida Statutes, is amended to read:
1669	320.08  License taxes.-Except as otherwise provided herein,
1670	there are hereby levied and imposed annual license taxes for the
1671	operation of motor vehicles, mopeds, motorized bicycles as
1672	defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
1673	and mobile homes, as defined in s. 320.01, which shall be paid
1674	to and collected by the department or its agent upon the
1675	registration or renewal of registration of the following:
1676	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1677	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1678	(d)  A wrecker, as defined in s. 320.01(40), which is used
1679	to tow a vessel as defined in s. 327.02(39), a disabled,
1680	abandoned, stolen-recovered, or impounded motor vehicle as
1681	defined in s. 320.01(38), or a replacement motor vehicle as
1682	defined in s. 320.01(39): $41 flat, of which $11 shall be
1683	deposited into the General Revenue Fund.
1684	Section 39.  Paragraph (e) of subsection (4) of section
1685	320.08068, Florida Statutes, is amended to read:
1686	320.08068  Motorcycle specialty license plates.-
1687	(4)  A license plate annual use fee of $20 shall be
1688	collected for each motorcycle specialty license plate. Annual
1689	use fees shall be distributed to The Able Trust as custodial
1690	agent. The Able Trust may retain a maximum of 10 percent of the
1691	proceeds from the sale of the license plate for administrative
1692	costs. The Able Trust shall distribute the remaining funds as
1693	follows:
1694	(e)  Twenty percent to the Florida Association of Centers
1695	for Independent Living to be used to leverage additional funding
1696	and new sources of revenue for the centers for independent
1697	living in this state.
1698	Section 40.  Subsection (1) of section 320.0847, Florida
1699	Statutes, is amended to read:
1700	320.0847  Mini truck and low-speed vehicle license plates.-
1701	(1)  The department shall issue a license plate to the
1702	owner or lessee of any vehicle registered as a low-speed vehicle
1703	as defined in s. 320.01(42) or a mini truck as defined in s.
1704	320.01(45) upon payment of the appropriate license taxes and
1705	fees prescribed in s. 320.08.
1706	Section 41.  Subsection (4) of section 320.0848, Florida
1707	Statutes, is amended to read:
1708	320.0848  Persons who have disabilities; issuance of
1709	disabled parking permits; temporary permits; permits for certain
1710	providers of transportation services to persons who have
1711	disabilities.-
1712	(4)  From the proceeds of the temporary disabled parking
1713	permit fees:
1714	(a)  The Department of Highway Safety and Motor Vehicles
1715	must receive $3.50 for each temporary permit, to be deposited
1716	into the Highway Safety Operating Trust Fund and used for
1717	implementing the real-time disabled parking permit database and
1718	for administering the disabled parking permit program.
1719	(b)  The tax collector, for processing, must receive $2.50
1720	for each temporary permit.
1721	(c)  The remainder must be distributed monthly as follows:
1722	1.  To the Florida Endowment Foundation for Vocational
1723	Rehabilitation, known as "The Able Trust," Florida Governor's
1724	Alliance for the Employment of Disabled Citizens for the purpose
1725	of improving employment and training opportunities for persons
1726	who have disabilities, with special emphasis on removing
1727	transportation barriers, $4. These fees must be directly
1728	deposited into the Florida Endowment Foundation for Vocational
1729	Rehabilitation as established in s. 413.615 Transportation
1730	Disadvantaged Trust Fund for transfer to the Florida Governor's
1731	Alliance for Employment of Disabled Citizens.
1732	2.  To the Transportation Disadvantaged Trust Fund to be
1733	used for funding matching grants to counties for the purpose of
1734	improving transportation of persons who have disabilities, $5.
1735	Section 42.  Effective October 1, 2011, subsection (1) of
1736	section 320.089, Florida Statutes, is amended to read:
1737	320.089  Members of National Guard and active United States
1738	Armed Forces reservists; former prisoners of war; survivors of
1739	Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1740	Freedom and Operation Enduring Freedom Veterans; Combat Infantry
1741	Badge recipients; special license plates; fee.-
1742	(1)(a)  Each owner or lessee of an automobile or truck for
1743	private use or recreational vehicle as specified in s.
1744	320.08(9)(c) or (d), which is not used for hire or commercial
1745	use, who is a resident of the state and an active or retired
1746	member of the Florida National Guard, a survivor of the attack
1747	on Pearl Harbor, a recipient of the Purple Heart medal, or an
1748	active or retired member of any branch of the United States
1749	Armed Forces Reserve, or a recipient of the Combat Infantry
1750	Badge shall, upon application to the department, accompanied by
1751	proof of active membership or retired status in the Florida
1752	National Guard, proof of membership in the Pearl Harbor
1753	Survivors Association or proof of active military duty in Pearl
1754	Harbor on December 7, 1941, proof of being a Purple Heart medal
1755	recipient, or proof of active or retired membership in any
1756	branch of the Armed Forces Reserve, or proof of membership in
1757	the Combat Infantrymen's Association, Inc., or other proof of
1758	being a recipient of the Combat Infantry Badge, and upon payment
1759	of the license tax for the vehicle as provided in s. 320.08, be
1760	issued a license plate as provided by s. 320.06, upon which, in
1761	lieu of the serial numbers prescribed by s. 320.06, shall be
1762	stamped the words "National Guard," "Pearl Harbor Survivor,"
1763	"Combat-wounded veteran," or "U.S. Reserve," or "Combat Infantry
1764	Badge," as appropriate, followed by the serial number of the
1765	license plate. Additionally, the Purple Heart plate may have the
1766	words "Purple Heart" stamped on the plate and the likeness of
1767	the Purple Heart medal appearing on the plate.
1768	(b)  Notwithstanding any other provision of law to the
1769	contrary, beginning with fiscal year 2002-2003 and annually
1770	thereafter, the first $100,000 in general revenue generated from
1771	the sale of license plates issued under this section shall be
1772	deposited into the Grants and Donations Trust Fund, as described
1773	in s. 296.38(2), to be used for the purposes established by law
1774	for that trust fund. Any additional general revenue generated
1775	from the sale of such plates shall be deposited into the State
1776	Homes for Veterans Trust Fund and used solely to construct,
1777	operate, and maintain domiciliary and nursing homes for
1778	veterans, subject to the requirements of chapter 216.
1779	(c)  Notwithstanding any provisions of law to the contrary,
1780	an applicant for a Pearl Harbor Survivor license plate or a
1781	Purple Heart license plate who also qualifies for a disabled
1782	veteran's license plate under s. 320.084 shall be issued the
1783	appropriate special license plate without payment of the license
1784	tax imposed by s. 320.08.
1785	Section 43.  Subsection (3) of section 320.27, Florida
1786	Statutes, is amended to read:
1787	320.27  Motor vehicle dealers.-
1788	(3)  APPLICATION AND FEE.-The application for the license
1789	shall be in such form as may be prescribed by the department and
1790	shall be subject to such rules with respect thereto as may be so
1791	prescribed by it. Such application shall be verified by oath or
1792	affirmation and shall contain a full statement of the name and
1793	birth date of the person or persons applying therefor; the name
1794	of the firm or copartnership, with the names and places of
1795	residence of all members thereof, if such applicant is a firm or
1796	copartnership; the names and places of residence of the
1797	principal officers, if the applicant is a body corporate or
1798	other artificial body; the name of the state under whose laws
1799	the corporation is organized; the present and former place or
1800	places of residence of the applicant; and prior business in
1801	which the applicant has been engaged and the location thereof.
1802	Such application shall describe the exact location of the place
1803	of business and shall state whether the place of business is
1804	owned by the applicant and when acquired, or, if leased, a true
1805	copy of the lease shall be attached to the application. The
1806	applicant shall certify that the location provides an adequately
1807	equipped office and is not a residence; that the location
1808	affords sufficient unoccupied space upon and within which
1809	adequately to store all motor vehicles offered and displayed for
1810	sale; and that the location is a suitable place where the
1811	applicant can in good faith carry on such business and keep and
1812	maintain books, records, and files necessary to conduct such
1813	business, which will be available at all reasonable hours to
1814	inspection by the department or any of its inspectors or other
1815	employees. The applicant shall certify that the business of a
1816	motor vehicle dealer is the principal business which shall be
1817	conducted at that location. Such application shall contain a
1818	statement that the applicant is either franchised by a
1819	manufacturer of motor vehicles, in which case the name of each
1820	motor vehicle that the applicant is franchised to sell shall be
1821	included, or an independent (nonfranchised) motor vehicle
1822	dealer. Such application shall contain such other relevant
1823	information as may be required by the department, including
1824	evidence that the applicant is insured under a garage liability
1825	insurance policy or a general liability insurance policy coupled
1826	with a business automobile policy, which shall include, at a
1827	minimum, $25,000 combined single-limit liability coverage
1828	including bodily injury and property damage protection and
1829	$10,000 personal injury protection. A salvage motor vehicle
1830	dealer as defined in subparagraph (1)(c)5. is exempt from the
1831	requirements for garage liability insurance and personal injury
1832	protection. Franchise dealers must submit a garage liability
1833	insurance policy, and all other dealers must submit a garage
1834	liability insurance policy or a general liability insurance
1835	policy coupled with a business automobile policy. Such policy
1836	shall be for the license period, and evidence of a new or
1837	continued policy shall be delivered to the department at the
1838	beginning of each license period. Upon making initial
1839	application, the applicant shall pay to the department a fee of
1840	$300 in addition to any other fees now required by law; upon
1841	making a subsequent renewal application, the applicant shall pay
1842	to the department a fee of $75 in addition to any other fees now
1843	required by law. Upon making an application for a change of
1844	location, the person shall pay a fee of $50 in addition to any
1845	other fees now required by law. The department shall, in the
1846	case of every application for initial licensure, verify whether
1847	certain facts set forth in the application are true. Each
1848	applicant, general partner in the case of a partnership, or
1849	corporate officer and director in the case of a corporate
1850	applicant, must file a set of fingerprints with the department
1851	for the purpose of determining any prior criminal record or any
1852	outstanding warrants. The department shall submit the
1853	fingerprints to the Department of Law Enforcement for state
1854	processing and forwarding to the Federal Bureau of Investigation
1855	for federal processing. The actual cost of state and federal
1856	processing shall be borne by the applicant and is in addition to
1857	the fee for licensure. The department may issue a license to an
1858	applicant pending the results of the fingerprint investigation,
1859	which license is fully revocable if the department subsequently
1860	determines that any facts set forth in the application are not
1861	true or correctly represented.
1862	Section 44.  Paragraphs (a) and (b) of subsection (2) of
1863	section 320.275, Florida Statutes, are amended to read:
1864	320.275  Automobile Dealers Industry Advisory Board.-
1865	(2)  MEMBERSHIP, TERMS, MEETINGS.-
1866	(a)  The board shall be composed of 12 members. The
1867	executive director of the Department of Highway Safety and Motor
1868	Vehicles shall appoint the members from names submitted by the
1869	entities for the designated categories the member will
1870	represent. The executive director shall appoint one
1871	representative of the Department of Highway Safety and Motor
1872	Vehicles, who must represent the Division of Motor Vehicles; two
1873	representatives of the independent motor vehicle industry as
1874	recommended by the Florida Independent Automobile Dealers
1875	Association; two representatives of the franchise motor vehicle
1876	industry as recommended by the Florida Automobile Dealers
1877	Association; one representative of the auction motor vehicle
1878	industry who is from an auction chain and is recommended by a
1879	group affiliated with the National Auto Auction Association; one
1880	representative of the auction motor vehicle industry who is from
1881	an independent auction and is recommended by a group affiliated
1882	with the National Auto Auction Association; one representative
1883	from the Department of Revenue; a Florida tax collector
1884	representative recommended by the Florida Tax Collectors
1885	Association; one representative from the Better Business Bureau;
1886	one representative from the Department of Agriculture and
1887	Consumer Services, who must represent the Division of Consumer
1888	Services; and one representative of the insurance industry who
1889	writes motor vehicle dealer surety bonds.
1890	(b)1.  The executive director shall appoint the following
1891	initial members to 1-year terms: one representative from the
1892	motor vehicle auction industry who represents an auction chain,
1893	one representative from the independent motor vehicle industry,
1894	one representative from the franchise motor vehicle industry,
1895	one representative from the Department of Revenue, one Florida
1896	tax collector, and one representative from the Better Business
1897	Bureau.
1898	2.  The executive director shall appoint the following
1899	initial members to 2-year terms: one representative from the
1900	motor vehicle auction industry who represents an independent
1901	auction, one representative from the independent motor vehicle
1902	industry, one representative from the franchise motor vehicle
1903	industry, one representative from the Division of Consumer
1904	Services, one representative from the insurance industry, and
1905	one representative from the department Division of Motor
1906	Vehicles.
1907	3.  As the initial terms expire, the executive director
1908	shall appoint successors from the same designated category for
1909	terms of 2 years. If renominated, a member may succeed himself
1910	or herself.
1911	4.  The board shall appoint a chair and vice chair at its
1912	initial meeting and every 2 years thereafter.
1913	Section 45.  Subsection (1) of section 320.771, Florida
1914	Statutes, is amended to read:
1915	320.771  License required of recreational vehicle dealers.-
1916	(1)  DEFINITIONS.-As used in this section:
1917	(a)  "Dealer" means any person engaged in the business of
1918	buying, selling, or dealing in recreational vehicles or offering
1919	or displaying recreational vehicles for sale. The term "dealer"
1920	includes a recreational vehicle broker. Any person who buys,
1921	sells, deals in, or offers or displays for sale, or who acts as
1922	the agent for the sale of, one or more recreational vehicles in
1923	any 12-month period shall be prima facie presumed to be a
1924	dealer. The terms "selling" and "sale" include lease-purchase
1925	transactions. The term "dealer" does not include banks, credit
1926	unions, and finance companies that acquire recreational vehicles
1927	as an incident to their regular business and does not include
1928	mobile home rental and leasing companies that sell recreational
1929	vehicles to dealers licensed under this section. A licensed
1930	dealer may transact business in recreational vehicles with a
1931	motor vehicle auction as defined in s. 320.27(1)(c)4. Further, a
1932	licensed dealer may, at retail or wholesale, sell a motor
1933	vehicle, as described in s. 320.01(1)(a), acquired in exchange
1934	for the sale of a recreational vehicle, if such acquisition is
1935	incidental to the principal business of being a recreational
1936	vehicle dealer. However, a recreational vehicle dealer may not
1937	buy a motor vehicle for the purpose of resale unless licensed as
1938	a motor vehicle dealer pursuant to s. 320.27.
1939	(b)  "Recreational vehicle broker" means any person who is
1940	engaged in the business of offering to procure or procuring used
1941	recreational vehicles for the general public; who holds himself
1942	or herself out through solicitation, advertisement, or otherwise
1943	as one who offers to procure or procures used recreational
1944	vehicles for the general public; or who acts as the agent or
1945	intermediary on behalf of the owner or seller of a used
1946	recreational vehicle which is for sale or who assists or
1947	represents the seller in finding a buyer for the recreational
1948	vehicle.
1949	(c)  For the purposes of this section, the term
1950	"recreational vehicle" does not include any camping trailer, as
1951	defined in s. 320.01(1)(b)2.
1952	(d)  A dealer may apply for a certificate of title to a
1953	recreational vehicle required to be registered under s.
1954	320.08(9) using a manufacturer's statement of origin as
1955	permitted by s. 319.23(1) only if such dealer is authorized by a
1956	manufacturer/dealer agreement as defined in s. 320.3202(8) on
1957	file with the department to buy, sell, or deal in that
1958	particular line-make of recreational vehicle and is authorized
1959	by such agreement to perform delivery and preparation
1960	obligations and warranty defect adjustments on that line-make.
1961	Section 46.  Section 320.95, Florida Statutes, is amended
1962	to read:
1963	320.95  Transactions by electronic or telephonic means.-
1964	(1)  The department may is authorized to accept any
1965	application provided for under this chapter by electronic or
1966	telephonic means.
1967	(2)  The department may collect and use electronic mail
1968	addresses for the purpose of providing renewal notices in lieu
1969	of the United States Postal Service.
1970	Section 47.  Section 321.02, Florida Statutes, is amended
1971	to read:
1972	321.02  Powers and duties of department, highway patrol.-
1973	The director of the Division of Highway Patrol of the Department
1974	of Highway Safety and Motor Vehicles shall be designated the
1975	Colonel also be the commander of the Florida Highway Patrol. The
1976	said department shall set up and promulgate rules and
1977	regulations by which the personnel of the Florida Highway Patrol
1978	officers shall be examined, employed, trained, located,
1979	suspended, reduced in rank, discharged, recruited, paid and
1980	pensioned, subject to civil service provisions hereafter set
1981	out. The department may enter into contracts or agreements, with
1982	or without competitive bidding or procurement, to make
1983	available, on a fair, reasonable, nonexclusive, and
1984	nondiscriminatory basis, property and other structures under
1985	division control for the placement of new facilities by any
1986	wireless provider of mobile service as defined in 47 U.S.C. s.
1987	153(27) or s. 332(d), and any telecommunications company as
1988	defined in s. 364.02 when it is determined to be practical and
1989	feasible to make such property or other structures available.
1990	The department may, without adopting a rule, charge a just,
1991	reasonable, and nondiscriminatory fee for placement of the
1992	facilities, payable annually, based on the fair market value of
1993	space used by comparable communications facilities in the state.
1994	The department and a wireless provider or telecommunications
1995	company may negotiate the reduction or elimination of a fee in
1996	consideration of services provided to the division by the
1997	wireless provider or the telecommunications company. All such
1998	fees collected by the department shall be deposited directly
1999	into the State Agency Law Enforcement Radio System Trust Fund,
2000	and may be used to construct, maintain, or support the system.
2001	The department is further specifically authorized to purchase,
2002	sell, trade, rent, lease and maintain all necessary equipment,
2003	uniforms, motor vehicles, communication systems, housing
2004	facilities, office space, and perform any other acts necessary
2005	for the proper administration and enforcement of this chapter.
2006	However, all supplies and equipment consisting of single items
2007	or in lots shall be purchased under the requirements of s.
2008	287.057. Purchases shall be made by accepting the bid of the
2009	lowest responsive bidder, the right being reserved to reject all
2010	bids. The department shall prescribe a distinctive uniform and
2011	distinctive emblem to be worn by all officers of the Florida
2012	Highway Patrol. It shall be unlawful for any other person or
2013	persons to wear a similar uniform or emblem, or any part or
2014	parts thereof. The department shall also prescribe distinctive
2015	colors for use on motor vehicles and motorcycles operated by the
2016	Florida Highway Patrol. The prescribed colors shall be referred
2017	to as "Florida Highway Patrol black and tan."
2018	Section 48.  Subsection (3) of section 322.02, Florida
2019	Statutes, is amended to read:
2020	322.02  Legislative intent; administration.-
2021	(3)  The department shall employ a director, who is charged
2022	with the duty of serving as the executive officer of the
2023	Division of Motorist Services within Driver Licenses of the
2024	department insofar as the administration of this chapter is
2025	concerned. He or she shall be subject to the supervision and
2026	direction of the department, and his or her official actions and
2027	decisions as executive officer shall be conclusive unless the
2028	same are superseded or reversed by the department or by a court
2029	of competent jurisdiction.
2030	Section 49.  Paragraph (a) of subsection (4) of section
2031	322.0261, Florida Statutes, is amended to read:
2032	322.0261  Driver improvement course; requirement to
2033	maintain driving privileges; failure to complete; department
2034	approval of course.-
2035	(4)(a)  The department shall identify any operator
2036	convicted of, or who pleaded nolo contendere to, a violation of
2037	s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
2038	316.192, s. 316.1923, or s. 316.1925 and shall require that
2039	operator, in addition to other applicable penalties, to attend a
2040	department-approved driver improvement course in order to
2041	maintain driving privileges. The department shall, within 10
2042	days after receiving a notice of judicial disposition, send
2043	notice to the operator of the requirement to attend a driver
2044	improvement course. If the operator fails to complete the course
2045	within 90 days after receiving notice from the department, the
2046	operator's driver license shall be canceled by the department
2047	until the course is successfully completed.
2048	Section 50.  Subsection (1) of section 322.04, Florida
2049	Statutes, is amended to read:
2050	322.04  Persons exempt from obtaining driver's license.-
2051	(1)  The following persons are exempt from obtaining a
2052	driver's license:
2053	(a)  Any employee of the United States Government, while
2054	operating a noncommercial motor vehicle owned by or leased to
2055	the United States Government and being operated on official
2056	business.
2057	(b)  Any person while driving or operating any road
2058	machine, farm tractor, or implement of husbandry temporarily
2059	operated or moved on a highway.
2060	(c)  A nonresident who is at least 16 years of age and who
2061	has in his or her immediate possession a valid noncommercial
2062	driver's license issued to the nonresident in his or her home
2063	state or country, may operate a motor vehicle of the type for
2064	which a Class E driver's license is required in this state if he
2065	or she has in their immediate possession:
2066	1.  A valid noncommercial driver's license issued in his or
2067	her name from another state or territory of the United States;
2068	or
2069	2.  An International Driving Permit issued in his or her
2070	name in their country of residence and a valid license issued in
2071	that country.
2072	(d)  A nonresident who is at least 18 years of age and who
2073	has in his or her immediate possession a valid noncommercial
2074	driver's license issued to the nonresident in his or her home
2075	state or country may operate a motor vehicle, other than a
2076	commercial motor vehicle, in this state.
2077	(d)(e)  Any person operating a golf cart, as defined in s.
2078	320.01, which is operated in accordance with the provisions of
2079	s. 316.212.
2080	Section 51.  Paragraph (a) of subsection (1) of section
2081	322.051, Florida Statutes, is amended to read:
2082	322.051  Identification cards.-
2083	(1)  Any person who is 5 years of age or older, or any
2084	person who has a disability, regardless of age, who applies for
2085	a disabled parking permit under s. 320.0848, may be issued an
2086	identification card by the department upon completion of an
2087	application and payment of an application fee.
2088	(a)  Each such application shall include the following
2089	information regarding the applicant:
2090	1.  Full name (first, middle or maiden, and last), gender,
2091	proof of social security card number satisfactory to the
2092	department, county of residence, mailing address, proof of
2093	residential address satisfactory to the department, country of
2094	birth, and a brief description.
2095	2.  Proof of birth date satisfactory to the department.
2096	3.  Proof of identity satisfactory to the department. Such
2097	proof must include one of the following documents issued to the
2098	applicant:
2099	a.  A driver's license record or identification card record
2100	from another jurisdiction that required the applicant to submit
2101	a document for identification which is substantially similar to
2102	a document required under sub-subparagraph b., sub-subparagraph
2103	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
2104	f., sub-subparagraph g., or sub-subparagraph h.;
2105	b.  A certified copy of a United States birth certificate;
2106	c.  A valid, unexpired United States passport;
2107	d.  A naturalization certificate issued by the United
2108	States Department of Homeland Security;
2109	e.  A valid, unexpired alien registration receipt card
2110	(green card);
2111	f.  A Consular Report of Birth Abroad provided by the
2112	United States Department of State;
2113	g.  An unexpired employment authorization card issued by
2114	the United States Department of Homeland Security; or
2115	h.  Proof of nonimmigrant classification provided by the
2116	United States Department of Homeland Security, for an original
2117	identification card. In order to prove such nonimmigrant
2118	classification, applicants must provide at least one of may
2119	produce but are not limited to the following documents, and, in
2120	addition, the department may require other documents for the
2121	sole purpose of establishing the maintenance of or efforts to
2122	maintain continuous lawful presence:
2123	(I)  A notice of hearing from an immigration court
2124	scheduling a hearing on any proceeding.
2125	(II)  A notice from the Board of Immigration Appeals
2126	acknowledging pendency of an appeal.
2127	(III)  Notice of the approval of an application for
2128	adjustment of status issued by the United States Bureau of
2129	Citizenship and Immigration Services.
2130	(IV)  Any official documentation confirming the filing of a
2131	petition for asylum or refugee status or any other relief issued
2132	by the United States Bureau of Citizenship and Immigration
2133	Services.
2134	(V)  Notice of action transferring any pending matter from
2135	another jurisdiction to Florida, issued by the United States
2136	Bureau of Citizenship and Immigration Services.
2137	(VI)  Order of an immigration judge or immigration officer
2138	granting any relief that authorizes the alien to live and work
2139	in the United States including, but not limited to asylum.
2140	(VII)  Evidence that an application is pending for
2141	adjustment of status to that of an alien lawfully admitted for
2142	permanent residence in the United States or conditional
2143	permanent resident status in the United States, if a visa number
2144	is available having a current priority date for processing by
2145	the United States Bureau of Citizenship and Immigration
2146	Services.
2147	(VIII)  On or after January 1, 2010, an unexpired foreign
2148	passport with an unexpired United States Visa affixed,
2149	accompanied by an approved I-94, documenting the most recent
2150	admittance into the United States.
2151
2152	An identification card issued based on documents required
2153	Presentation of any of the documents described in sub-
2154	subparagraph g. or sub-subparagraph h. is valid entitles the
2155	applicant to an identification card for a period not to exceed
2156	the expiration date of the document presented or 1 year,
2157	whichever first occurs.
2158	Section 52.  Subsection (4) of section 322.058, Florida
2159	Statutes, is amended to read:
2160	322.058  Suspension of driving privileges due to support
2161	delinquency; reinstatement.-
2162	(4)  This section applies only to the annual renewal in the
2163	owner's birth month of a motor vehicle registration and does not
2164	apply to the transfer of a registration of a motor vehicle sold
2165	by a motor vehicle dealer licensed under chapter 320, except for
2166	the transfer of registrations which is inclusive of the annual
2167	renewals. This section does not affect the issuance of the title
2168	to a motor vehicle, notwithstanding s. 319.23(8)(7)(b).
2169	Section 53.  Section 322.065, Florida Statutes, is amended
2170	to read:
2171	322.065  Driver's license expired for 6 4 months or less;
2172	penalties.-Any person whose driver's license has been expired
2173	for 6 4 months or less and who drives a motor vehicle upon the
2174	highways of this state commits is guilty of an infraction and is
2175	subject to the penalty provided in s. 318.18.
2176	Section 54.  Subsection (3) of section 322.07, Florida
2177	Statutes, is amended to read:
2178	322.07  Instruction permits and temporary licenses.-
2179	(3)  Any person who, except for his or her lack of
2180	instruction in operating a commercial motor vehicle, would
2181	otherwise be qualified to obtain a commercial driver's license
2182	under this chapter, may apply for a temporary commercial
2183	instruction permit. The department shall issue such a permit
2184	entitling the applicant, while having the permit in his or her
2185	immediate possession, to drive a commercial motor vehicle on the
2186	highways, provided that:
2187	(a)  The applicant possesses a valid Florida driver's
2188	license issued in any state; and
2189	(b)  The applicant, while operating a commercial motor
2190	vehicle, is accompanied by a licensed driver who is 21 years of
2191	age or older, who is licensed to operate the class of vehicle
2192	being operated, and who is actually occupying the closest seat
2193	to the right of the driver.
2194	Section 55.  Subsection (2) of section 322.08, Florida
2195	Statutes, is amended, paragraphs (o) and (p) are added to
2196	subsection (7), and subsection (8) is added to that section, to
2197	read:
2198	322.08  Application for license; requirements for license
2199	and identification card forms.-
2200	(2)  Each such application shall include the following
2201	information regarding the applicant:
2202	(a)  Full name (first, middle or maiden, and last), gender,
2203	proof of social security card number satisfactory to the
2204	department, county of residence, mailing address, proof of
2205	residential address satisfactory to the department, country of
2206	birth, and a brief description.
2207	(b)  Proof of birth date satisfactory to the department.
2208	(c)  Proof of identity satisfactory to the department. Such
2209	proof must include one of the following documents issued to the
2210	applicant:
2211	1.  A driver's license record or identification card record
2212	from another jurisdiction that required the applicant to submit
2213	a document for identification which is substantially similar to
2214	a document required under subparagraph 2., subparagraph 3.,
2215	subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
2216	7., or subparagraph 8.;
2217	2.  A certified copy of a United States birth certificate;
2218	3.  A valid, unexpired United States passport;
2219	4.  A naturalization certificate issued by the United
2220	States Department of Homeland Security;
2221	5.  A valid, unexpired alien registration receipt card
2222	(green card);
2223	6.  A Consular Report of Birth Abroad provided by the
2224	United States Department of State;
2225	7.  An unexpired employment authorization card issued by
2226	the United States Department of Homeland Security; or
2227	8.  Proof of nonimmigrant classification provided by the
2228	United States Department of Homeland Security, for an original
2229	driver's license. In order to prove nonimmigrant classification,
2230	an applicant must provide at least one of the following
2231	documents, and, in addition, the department may require other
2232	documents for the sole purpose of establishing the maintenance
2233	of or efforts to maintain continuous lawful presence may produce
2234	the following documents, including, but not limited to:
2235	a.  A notice of hearing from an immigration court
2236	scheduling a hearing on any proceeding.
2237	b.  A notice from the Board of Immigration Appeals
2238	acknowledging pendency of an appeal.
2239	c.  A notice of the approval of an application for
2240	adjustment of status issued by the United States Bureau of
2241	Citizenship and Immigration Services.
2242	d.  Any official documentation confirming the filing of a
2243	petition for asylum or refugee status or any other relief issued
2244	by the United States Bureau of Citizenship and Immigration
2245	Services.
2246	e.  A notice of action transferring any pending matter from
2247	another jurisdiction to this state issued by the United States
2248	Bureau of Citizenship and Immigration Services.
2249	f.  An order of an immigration judge or immigration officer
2250	granting any relief that authorizes the alien to live and work
2251	in the United States, including, but not limited to, asylum.
2252	g.  Evidence that an application is pending for adjustment
2253	of status to that of an alien lawfully admitted for permanent
2254	residence in the United States or conditional permanent resident
2255	status in the United States, if a visa number is available
2256	having a current priority date for processing by the United
2257	States Bureau of Citizenship and Immigration Services.
2258	h.  On or after January 1, 2010, an unexpired foreign
2259	passport with an unexpired United States Visa affixed,
2260	accompanied by an approved I-94, documenting the most recent
2261	admittance into the United States.
2262
2263	A driver's license or temporary permit issued based on documents
2264	required Presentation of any of the documents in subparagraph 7.
2265	or subparagraph 8. is valid entitles the applicant to a driver's
2266	license or temporary permit for a period not to exceed the
2267	expiration date of the document presented or 1 year, whichever
2268	occurs first.
2269	(d)  Whether the applicant has previously been licensed to
2270	drive, and, if so, when and by what state, and whether any such
2271	license or driving privilege has ever been disqualified,
2272	revoked, or suspended, or whether an application has ever been
2273	refused, and, if so, the date of and reason for such
2274	disqualification, suspension, revocation, or refusal.
2275	(e)  Each such application may include fingerprints and
2276	other unique biometric means of identity.
2277	(7)  The application form for an original, renewal, or
2278	replacement driver's license or identification card shall
2279	include language permitting the following:
2280	(o)  A voluntary contribution of $1 per applicant for
2281	Autism Services and Supports. Such contributions must be
2282	transferred by the department each month to the Achievement and
2283	Rehabilitation Centers, Inc., Autism Services Fund.
2284	(p)  A voluntary contribution of $1 per applicant to
2285	Support Our Troops, which shall be distributed monthly to
2286	Support Our Troops, Inc., a Florida not-for-profit organization.
2287
2288	A statement providing an explanation of the purpose of the trust
2289	funds shall also be included. For the purpose of applying the
2290	service charge provided in s. 215.20, contributions received
2291	under paragraphs (b)-(n) are not income of a revenue nature.
2292	(8)  The department may collect and use electronic mail
2293	addresses for the purpose of providing renewal notices in lieu
2294	of the United State Postal Service.
2295	Section 56.  Subsection (9) is added to section 322.081,
2296	Florida Statutes, to read:
2297	322.081  Requests to establish voluntary checkoff on
2298	driver's license application.-
2299	(9)  The department may annually retain from the first
2300	proceeds derived from the voluntary contributions collected an
2301	amount sufficient to defray for each voluntary contribution the
2302	pro rata share of the department's costs directly related to the
2303	voluntary contributions program. Such costs include renewal
2304	notices, postage, distribution costs, direct costs to the
2305	department, and costs associated with reviewing each
2306	organization's compliance with the audit and attestation
2307	requirements of this section. The balance of the proceeds from
2308	the voluntary contributions collected shall be distributed as
2309	provided by law.
2310	Section 57.  Subsection (1) of section 322.095, Florida
2311	Statutes, is amended to read:
2312	322.095  Traffic law and substance abuse education program
2313	for driver's license applicants.-
2314	(1)  The Department of Highway Safety and Motor Vehicles
2315	must approve traffic law and substance abuse education courses
2316	that must be completed by applicants for a Florida driver's
2317	license. The curricula for the courses must provide instruction
2318	on the physiological and psychological consequences of the abuse
2319	of alcohol and other drugs, the societal and economic costs of
2320	alcohol and drug abuse, the effects of alcohol and drug abuse on
2321	the driver of a motor vehicle, the dangers of driving while
2322	distracted, which must specifically include the use of
2323	technology while driving, and the laws of this state relating to
2324	the operation of a motor vehicle. All instructors teaching the
2325	courses shall be certified by the department.
2326	Section 58.  Subsection (5) of section 322.12, Florida
2327	Statutes, is amended to read:
2328	322.12  Examination of applicants.-
2329	(5)(a)  The department shall formulate a separate
2330	examination for applicants for licenses to operate motorcycles.
2331	Any applicant for a driver's license who wishes to operate a
2332	motorcycle, and who is otherwise qualified, must successfully
2333	complete such an examination, which is in addition to the
2334	examination administered under subsection (3). The examination
2335	must test the applicant's knowledge of the operation of a
2336	motorcycle and of any traffic laws specifically relating thereto
2337	and must include an actual demonstration of his or her ability
2338	to exercise ordinary and reasonable control in the operation of
2339	a motorcycle. Any applicant who fails to pass the initial
2340	knowledge examination will incur a $5 fee for each subsequent
2341	examination, to be deposited into the Highway Safety Operating
2342	Trust Fund. Any applicant who fails to pass the initial skills
2343	examination will incur a $10 fee for each subsequent
2344	examination, to be deposited into the Highway Safety Operating
2345	Trust Fund. In the formulation of the examination, the
2346	department shall consider the use of the Motorcycle Operator
2347	Skills Test and the Motorcycle in Traffic Test offered by the
2348	Motorcycle Safety Foundation. The department shall indicate on
2349	the license of any person who successfully completes the
2350	examination that the licensee is authorized to operate a
2351	motorcycle. If the applicant wishes to be licensed to operate a
2352	motorcycle only, he or she need not take the skill or road test
2353	required under subsection (3) for the operation of a motor
2354	vehicle, and the department shall indicate such a limitation on
2355	his or her license as a restriction. Every first-time applicant
2356	for licensure to operate a motorcycle must provide proof of
2357	completion of a motorcycle safety course, as provided for in s.
2358	322.0255, which shall include a final examination before the
2359	applicant may be licensed to operate a motorcycle. The
2360	department shall indicate on the license of any person who
2361	successfully completes the course that the licensee is
2362	authorized to operate a motorcycle. If the applicant wishes to
2363	be licensed to operate a motorcycle only, he or she need not
2364	take the skills or road test required under subsection (3) for
2365	the operation of a motor vehicle, and the department shall
2366	indicate such a limitation on his or her license as a
2367	restriction.
2368	(b)  The department may exempt any applicant from the
2369	examination provided in this subsection if the applicant
2370	presents a certificate showing successful completion of a course
2371	approved by the department, which course includes a similar
2372	examination of the knowledge and skill of the applicant in the
2373	operation of a motorcycle.
2374	Section 59.  Subsection (5) of section 322.121, Florida
2375	Statutes, is amended to read:
2376	322.121  Periodic reexamination of all drivers.-
2377	(5)  Members of the Armed Forces, or their dependents
2378	residing with them, shall be granted an automatic extension for
2379	the expiration of their Class E licenses without reexamination
2380	while serving on active duty outside this state. This extension
2381	is valid for 90 days after the member of the Armed Forces is
2382	either discharged or returns to this state to live.
2383	Section 60.  Paragraph (a) of subsection (1) of section
2384	322.14, Florida Statutes, is amended to read:
2385	322.14  Licenses issued to drivers.-
2386	(1)(a)  The department shall, upon successful completion of
2387	all required examinations and payment of the required fee, issue
2388	to every applicant qualifying therefor, a driver's license as
2389	applied for, which license shall bear thereon a color photograph
2390	or digital image of the licensee; the name of the state; a
2391	distinguishing number assigned to the licensee; and the
2392	licensee's full name, date of birth, and residence address; a
2393	brief description of the licensee, including, but not limited
2394	to, the licensee's gender and height; and the dates of issuance
2395	and expiration of the license. A space shall be provided upon
2396	which the licensee shall affix his or her usual signature. No
2397	license shall be valid until it has been so signed by the
2398	licensee except that the signature of said licensee shall not be
2399	required if it appears thereon in facsimile or if the licensee
2400	is not present within the state at the time of issuance.
2401	Applicants qualifying to receive a Class A, Class B, or Class C
2402	driver's license must appear in person within the state for
2403	issuance of a color photographic or digital imaged driver's
2404	license pursuant to s. 322.142.
2405	Section 61.  Section 322.1415, Florida Statutes, is created
2406	to read:
2407	322.1415  Specialty driver's license and identification
2408	card program.-
2409	(1)  The department shall issue to any applicant qualified
2410	pursuant to s. 322.14 a specialty driver's license or
2411	identification card upon payment of the appropriate fee pursuant
2412	to s. 322.21.
2413	(2)  Department-approved specialty driver's licenses and
2414	identification cards shall, at a minimum, be available for state
2415	and independent universities domiciled in this state, all
2416	Florida professional sports teams designated in s.
2417	320.08058(9)(a), and all branches of the United States military.
2418	(3)  The design and use of each specialty driver's license
2419	and identification card must be approved by the department and
2420	the organization that is recognized by the driver's license or
2421	card. Such design shall be approximately .375 x .375 inches.
2422	Section 62.  Subsections (9), (10), (13), (14), and (16) of
2423	section 322.20, Florida Statutes, are amended to read:
2424	322.20  Records of the department; fees; destruction of
2425	records.-
2426	(9)  The department may, upon application, furnish to any
2427	person, from its the records of the Division of Driver Licenses,
2428	a list of the names, addresses, and birth dates of the licensed
2429	drivers of the entire state or any portion thereof by age group.
2430	In addition, the department may furnish to the courts, for the
2431	purpose of establishing jury selection lists, the names,
2432	addresses, and birth dates of the persons of the entire state or
2433	any portion thereof by age group having identification cards
2434	issued by the department. Each person who requests such
2435	information shall pay a fee, set by the department, of 1 cent
2436	per name listed, except that the department shall furnish such
2437	information without charge to the courts for the purpose of jury
2438	selection or to any state agency or to any state attorney,
2439	sheriff, or chief of police. Such court, state agency, state
2440	attorney, or law enforcement agency may not sell, give away, or
2441	allow the copying of such information. Noncompliance with this
2442	prohibition shall authorize the department to charge the
2443	noncomplying court, state agency, state attorney, or law
2444	enforcement agency the appropriate fee for any subsequent lists
2445	requested. The department may adopt rules necessary to implement
2446	this subsection.
2447	(10)  The department Division of Driver Licenses is
2448	authorized, upon application of any person and payment of the
2449	proper fees, to search and to assist such person in the search
2450	of the records of the department and make reports thereof and to
2451	make photographic copies of the departmental records and
2452	attestations thereof.
2453	(13)  The department Division of Driver Licenses shall
2454	implement a system that allows either parent of a minor, or a
2455	guardian, or other responsible adult who signed a minor's
2456	application for a driver's license to have Internet access
2457	through a secure website to inspect the minor's driver history
2458	record. Internet access to driver history records granted to a
2459	minor's parents, guardian, or other responsible adult shall be
2460	furnished by the department at no fee and shall terminate when
2461	the minor attains 18 years of age.
2462	(14)  The department is authorized in accordance with
2463	chapter 257 to destroy reports, records, documents, papers, and
2464	correspondence in the department Division of Driver Licenses
2465	which are considered obsolete.
2466	(16)  The creation and maintenance of records by the
2467	Division of Motorist Services within the department and the
2468	Division of Driver Licenses pursuant to this chapter shall not
2469	be regarded as law enforcement functions of agency
2470	recordkeeping.
2471	Section 63.  Section 322.202, Florida Statutes, is amended
2472	to read:
2473	322.202  Admission of evidence obtained from the Division
2474	of Motorist Services Driver Licenses and the Division of Motor
2475	Vehicles.-
2476	(1)  The Legislature finds that the Division of Motorist
2477	Services Driver Licenses and the Division of Motor Vehicles of
2478	the Department of Highway Safety and Motor Vehicles is are not a
2479	law enforcement agency agencies. The Legislature also finds that
2480	the division is divisions are not an adjunct adjuncts of any law
2481	enforcement agency in that employees have no stake in particular
2482	prosecutions. The Legislature further finds that errors in
2483	records maintained by the Division of Motorist Services
2484	divisions are not within the collective knowledge of any law
2485	enforcement agency. The Legislature also finds that the mission
2486	missions of the Division of Motorist Services Driver Licenses,
2487	the Division of Motor Vehicles, and the Department of Highway
2488	Safety and Motor Vehicles provides provide a sufficient
2489	incentive to maintain records in a current and correct fashion.
2490	(2)  The Legislature finds that the purpose of the
2491	exclusionary rule is to deter misconduct on the part of law
2492	enforcement officers and law enforcement agencies.
2493	(3)  The Legislature finds that the application of the
2494	exclusionary rule to cases where a law enforcement officer
2495	effects an arrest based on objectively reasonable reliance on
2496	information obtained from the division divisions is repugnant to
2497	the purposes of the exclusionary rule and contrary to the
2498	decisions of the United States Supreme Court in Arizona v.
2499	Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897
2500	(1984).
2501	(4)  In any case where a law enforcement officer effects an
2502	arrest based on objectively reasonable reliance on information
2503	obtained from the division divisions, evidence found pursuant to
2504	such an arrest shall not be suppressed by application of the
2505	exclusionary rule on the grounds that the arrest is subsequently
2506	determined to be unlawful due to erroneous information obtained
2507	from the divisions.
2508	Section 64.  Paragraph (i) is added to subsection (1) of
2509	section 322.21, Florida Statutes, and subsections (2) and (4) of
2510	that section are amended, to read:
2511	322.21  License fees; procedure for handling and collecting
2512	fees.-
2513	(1)  Except as otherwise provided herein, the fee for:
2514	(i)  The specialty license or identification card issued
2515	pursuant to s. 322.1415 is $25, which is in addition to other
2516	fees required in this section. The specialty fee shall be
2517	distributed as follows:
2518	1.  Twenty percent shall be distributed to the appropriate
2519	state or independent university foundation, the Florida Sports
2520	Foundation, or the State Homes for Veterans Trust Fund, as
2521	designated by the purchaser, for deposit into an unrestricted
2522	account.
2523	2.  Eighty percent shall be distributed to the department
2524	for department costs directly related to the specialty driver's
2525	license and identification card program and to defray costs of
2526	production enhancements and distribution.
2527	(2)  It is the duty of the director of the Division of
2528	Motorist Services to provide Driver Licenses to set up a
2529	division in the department with the necessary personnel to
2530	perform the necessary clerical and routine work for the
2531	department in issuing and recording applications, licenses, and
2532	certificates of eligibility, including the receiving and
2533	accounting of all license funds and their payment into the State
2534	Treasury, and other incidental clerical work connected with the
2535	administration of this chapter. The department may use such
2536	electronic, mechanical, or other devices as necessary to
2537	accomplish the purposes of this chapter.
2538	(4)  If the department determines from its records or is
2539	otherwise satisfied that the holder of a license about to expire
2540	is entitled to have it renewed, the department shall mail a
2541	renewal notice to the licensee at his or her last known address,
2542	at least within 30 days before the licensee's birthday. The
2543	licensee may shall be issued a renewal license, after
2544	reexamination, if required, during the 30 days immediately
2545	preceding his or her birthday upon presenting a renewal notice,
2546	his or her current license, and the fee for renewal to the
2547	department at any driver's license examining office. A driver
2548	may renew his or her driver's license up to 18 months prior to
2549	the license expiration date.
2550	Section 65.  Subsection (1) of section 322.22, Florida
2551	Statutes, is amended to read:
2552	322.22  Authority of department to cancel license.-
2553	(1)  The department is authorized to cancel any driver's
2554	license, upon determining that the licensee is was not entitled
2555	to the license issuance thereof, or that the licensee failed to
2556	give the required or correct information in his or her
2557	application or committed any fraud in making such application,
2558	or that the licensee has two or more licenses on file with the
2559	department, each in a different name but bearing the photograph
2560	of the licensee, unless the licensee has complied with the
2561	requirements of this chapter in obtaining the licenses. The
2562	department may cancel any driver's license, identification card,
2563	vehicle or vessel registration, or fuel-use decal if the
2564	licensee fails to pay the correct fee or pays for the driver's
2565	license, identification card, vehicle or vessel registration, or
2566	fuel-use decal; pays any tax liability, penalty, or interest
2567	specified in chapter 207; or pays any administrative,
2568	delinquency, or reinstatement fee by a dishonored check.
2569	Section 66.  Subsection (6) of section 322.2615, Florida
2570	Statutes, is amended to read:
2571	322.2615  Suspension of license; right to review.-
2572	(6)(a)  If the person whose license was suspended requests
2573	a formal review, the department must schedule a hearing to be
2574	held within 30 days after such request is received by the
2575	department and must notify the person of the date, time, and
2576	place of the hearing.
2577	(b)  Such formal review hearing shall be held before a
2578	hearing officer designated employed by the department, and the
2579	hearing officer shall be authorized to administer oaths, examine
2580	witnesses and take testimony, receive relevant evidence, issue
2581	subpoenas for the officers and witnesses identified in documents
2582	in subsection (2), regulate the course and conduct of the
2583	hearing, question witnesses, and make a ruling on the
2584	suspension. The party requesting the presence of a witness shall
2585	be responsible for the payment of any witness fees and for
2586	notifying in writing the state attorney's office in the
2587	appropriate circuit of the issuance of the subpoena. If the
2588	person who requests a formal review hearing fails to appear and
2589	the hearing officer finds such failure to be without just cause,
2590	the right to a formal hearing is waived and the suspension shall
2591	be sustained.
2592	(c)  A party may seek enforcement of a subpoena under
2593	paragraph (b) by:
2594	1.  Filing a motion for enforcement of a subpoena in the
2595	related criminal case, if any; or
2596	2.  Filing a petition for enforcement in the circuit court
2597	of the judicial circuit in which the person failing to comply
2598	with the subpoena resides. A failure to comply with an order of
2599	the court shall result in a finding of contempt of court.
2600	However, a person is not in contempt while a subpoena is being
2601	challenged.
2602	(d)  The department must, within 7 working days after a
2603	formal review hearing, send notice to the person of the hearing
2604	officer's decision as to whether sufficient cause exists to
2605	sustain, amend, or invalidate the suspension.
2606	Section 67.  Subsection (2) of section 322.53, Florida
2607	Statutes, is amended to read:
2608	322.53  License required; exemptions.-
2609	(2)  The following persons are exempt from the requirement
2610	to obtain a commercial driver's license:
2611	(a)  Drivers of authorized emergency vehicles.
2612	(b)  Military personnel driving vehicles operated for
2613	military purposes.
2614	(c)  Farmers transporting agricultural products, farm
2615	supplies, or farm machinery to or from their farms within 150
2616	miles of their farm if the vehicle operated under this exemption
2617	is not used in the operations of a common or contract motor
2618	carrier, or transporting agricultural products to or from the
2619	first place of storage or processing or directly to or from
2620	market, within 150 miles of their farm.
2621	(d)  Drivers of recreational vehicles, as defined in s.
2622	320.01.
2623	(e)  Drivers who operate straight trucks, as defined in s.
2624	316.003, which that are exclusively transporting their own
2625	tangible personal property that which is not for sale or hire,
2626	and the vehicles are not used in commerce.
2627	(f)  An employee of a publicly owned transit system who is
2628	limited to moving vehicles for maintenance or parking purposes
2629	exclusively within the restricted-access confines of a transit
2630	system's property.
2631	Section 68.  Subsection (5) is added to section 322.54,
2632	Florida Statutes, to read:
2633	322.54  Classification.-
2634	(5)  The required driver's license classification of any
2635	person operating a commercial motor vehicle that has no gross
2636	vehicle weight rating plate or no vehicle identification number
2637	shall be determined by the actual weight of the vehicle.
2638	Section 69.  Section 322.58, Florida Statutes, is repealed.
2639	Section 70.  Section 322.59, Florida Statutes, is amended
2640	to read:
2641	322.59  Possession of medical examiner's certificate.-
2642	(1)  The department shall not issue a commercial driver's
2643	license to any person who is required by the laws of this state
2644	or by federal law to possess a medical examiner's certificate,
2645	unless such person provides presents a valid certificate, as
2646	described in 49 C.F.R. s. 383.71 prior to licensure.
2647	(2)  The department shall disqualify a driver from
2648	operating a commercial motor vehicle if that driver holds a
2649	commercial driver's license and fails to comply with the medical
2650	certification requirements described in 49 C.F.R. s. 383.71.
2651	(2)  This section does not expand the requirements as to
2652	who must possess a medical examiner's certificate.
2653	Section 71.  Subsection (5) of section 322.61, Florida
2654	Statutes, is amended to read:
2655	322.61  Disqualification from operating a commercial motor
2656	vehicle.-
2657	(5)  Any person who is convicted of two violations
2658	specified in subsection (3) which were committed while operating
2659	a commercial motor vehicle, or any combination thereof, arising
2660	in separate incidents shall be permanently disqualified from
2661	operating a commercial motor vehicle. Any holder of a commercial
2662	driver's license who is convicted of two violations specified in
2663	subsection (3), which were committed while operating any a
2664	noncommercial motor vehicle, or any combination thereof, arising
2665	in separate incidents shall be permanently disqualified from
2666	operating a commercial motor vehicle. The penalty provided in
2667	this subsection is in addition to any other applicable penalty.
2668	Section 72.  Subsections (1), (4), (7), (8), and (11) of
2669	section 322.64, Florida Statutes, are amended to read:
2670	322.64  Holder of commercial driver's license; persons
2671	operating a commercial motor vehicle; driving with unlawful
2672	blood-alcohol level; refusal to submit to breath, urine, or
2673	blood test.-
2674	(1)(a)  A law enforcement officer or correctional officer
2675	shall, on behalf of the department, disqualify from operating
2676	any commercial motor vehicle a person who while operating or in
2677	actual physical control of a commercial motor vehicle is
2678	arrested for a violation of s. 316.193, relating to unlawful
2679	blood-alcohol level or breath-alcohol level, or a person who has
2680	refused to submit to a breath, urine, or blood test authorized
2681	by s. 322.63 or s. 316.1932 arising out of the operation or
2682	actual physical control of a commercial motor vehicle. A law
2683	enforcement officer or correctional officer shall, on behalf of
2684	the department, disqualify the holder of a commercial driver's
2685	license from operating any commercial motor vehicle if the
2686	licenseholder, while operating or in actual physical control of
2687	a motor vehicle, is arrested for a violation of s. 316.193,
2688	relating to unlawful blood-alcohol level or breath-alcohol
2689	level, or refused to submit to a breath, urine, or blood test
2690	authorized by s. 322.63 or s. 316.1932. Upon disqualification of
2691	the person, the officer shall take the person's driver's license
2692	and issue the person a 10-day temporary permit for the operation
2693	of noncommercial vehicles only if the person is otherwise
2694	eligible for the driving privilege and shall issue the person a
2695	notice of disqualification. If the person has been given a
2696	blood, breath, or urine test, the results of which are not
2697	available to the officer at the time of the arrest, the agency
2698	employing the officer shall transmit such results to the
2699	department within 5 days after receipt of the results. If the
2700	department then determines that the person had a blood-alcohol
2701	level or breath-alcohol level of 0.08 or higher, the department
2702	shall disqualify the person from operating a commercial motor
2703	vehicle pursuant to subsection (3).
2704	(b)  For purposes of determining the period of
2705	disqualification described in 49 C.F.R. s. 383.51,
2706	disqualifications listed in paragraph (a) shall be treated as
2707	convictions.
2708	(c)(b)  The disqualification under paragraph (a) shall be
2709	pursuant to, and the notice of disqualification shall inform the
2710	driver of, the following:
2711	1.a.  The driver refused to submit to a lawful breath,
2712	blood, or urine test and he or she is disqualified from
2713	operating a commercial motor vehicle for the time period
2714	specified in 49 C.F.R. s. 383.51 a period of 1 year, for a first
2715	refusal, or permanently, if he or she has previously been
2716	disqualified under this section; or
2717	b.  The driver had an unlawful blood-alcohol or breath-
2718	alcohol level of 0.08 or higher while driving or in actual
2719	physical control of a commercial motor vehicle, or any motor
2720	vehicle if the driver holds a commercial driver license, and is
2721	disqualified for the time period specified in 49 C.F.R. s.
2722	383.51. The driver was driving or in actual physical control of
2723	a commercial motor vehicle, or any motor vehicle if the driver
2724	holds a commercial driver's license, had an unlawful blood-
2725	alcohol level or breath-alcohol level of 0.08 or higher, and his
2726	or her driving privilege shall be disqualified for a period of 1
2727	year for a first offense or permanently disqualified if his or
2728	her driving privilege has been previously disqualified under
2729	this section.
2730	2.  The disqualification period for operating commercial
2731	vehicles shall commence on the date of issuance of the notice of
2732	disqualification.
2733	3.  The driver may request a formal or informal review of
2734	the disqualification by the department within 10 days after the
2735	date of issuance of the notice of disqualification.
2736	4.  The temporary permit issued at the time of
2737	disqualification expires at midnight of the 10th day following
2738	the date of disqualification.
2739	5.  The driver may submit to the department any materials
2740	relevant to the disqualification.
2741	(4)  If the person disqualified requests an informal review
2742	pursuant to subparagraph (1)(c)(b)3., the department shall
2743	conduct the informal review by a hearing officer employed by the
2744	department. Such informal review hearing shall consist solely of
2745	an examination by the department of the materials submitted by a
2746	law enforcement officer or correctional officer and by the
2747	person disqualified, and the presence of an officer or witness
2748	is not required.
2749	(7)  In a formal review hearing under subsection (6) or an
2750	informal review hearing under subsection (4), the hearing
2751	officer shall determine by a preponderance of the evidence
2752	whether sufficient cause exists to sustain, amend, or invalidate
2753	the disqualification. The scope of the review shall be limited
2754	to the following issues:
2755	(a)  If the person was disqualified from operating a
2756	commercial motor vehicle for driving with an unlawful blood-
2757	alcohol level:
2758	1.  Whether the arresting law enforcement officer had
2759	probable cause to believe that the person was driving or in
2760	actual physical control of a commercial motor vehicle, or any
2761	motor vehicle if the driver holds a commercial driver's license,
2762	in this state while he or she had any alcohol, chemical
2763	substances, or controlled substances in his or her body.
2764	2.  Whether the person had an unlawful blood-alcohol level
2765	or breath-alcohol level of 0.08 or higher.
2766	(b)  If the person was disqualified from operating a
2767	commercial motor vehicle for refusal to submit to a breath,
2768	blood, or urine test:
2769	1.  Whether the law enforcement officer had probable cause
2770	to believe that the person was driving or in actual physical
2771	control of a commercial motor vehicle, or any motor vehicle if
2772	the driver holds a commercial driver's license, in this state
2773	while he or she had any alcohol, chemical substances, or
2774	controlled substances in his or her body.
2775	2.  Whether the person refused to submit to the test after
2776	being requested to do so by a law enforcement officer or
2777	correctional officer.
2778	3.  Whether the person was told that if he or she refused
2779	to submit to such test he or she would be disqualified from
2780	operating a commercial motor vehicle for a period of 1 year or,
2781	if previously disqualified under this section, permanently.
2782	(8)  Based on the determination of the hearing officer
2783	pursuant to subsection (7) for both informal hearings under
2784	subsection (4) and formal hearings under subsection (6), the
2785	department shall:
2786	(a)  sustain the disqualification for the time period
2787	described in 49 C.F.R. s. 383.51 a period of 1 year for a first
2788	refusal, or permanently if such person has been previously
2789	disqualified from operating a commercial motor vehicle under
2790	this section. The disqualification period commences on the date
2791	of the issuance of the notice of disqualification.
2792	(b)  Sustain the disqualification:
2793	1.  For a period of 1 year if the person was driving or in
2794	actual physical control of a commercial motor vehicle, or any
2795	motor vehicle if the driver holds a commercial driver's license,
2796	and had an unlawful blood-alcohol level or breath-alcohol level
2797	of 0.08 or higher; or
2798	2.  Permanently if the person has been previously
2799	disqualified from operating a commercial motor vehicle under
2800	this section or his or her driving privilege has been previously
2801	suspended for driving or being in actual physical control of a
2802	commercial motor vehicle, or any motor vehicle if the driver
2803	holds a commercial driver's license, and had an unlawful blood-
2804	alcohol level or breath-alcohol level of 0.08 or higher.
2805
2806	The disqualification period commences on the date of the
2807	issuance of the notice of disqualification.
2808	(11)  The formal review hearing may be conducted upon a
2809	review of the reports of a law enforcement officer or a
2810	correctional officer, including documents relating to the
2811	administration of a breath test or blood test or the refusal to
2812	take a breath, blood, or urine either test. However, as provided
2813	in subsection (6), the driver may subpoena the officer or any
2814	person who administered or analyzed a breath or blood test.
2815	Section 73.  Section 328.30, Florida Statutes, is amended
2816	to read:
2817	328.30  Transactions by electronic or telephonic means.-
2818	(1)  The department may is authorized to accept any
2819	application provided for under this chapter by electronic or
2820	telephonic means.
2821	(2)  The department may issue an electronic certificate of
2822	title in lieu of printing a paper title.
2823	(3)  The department may collect and use electronic mail
2824	addresses for the purpose of providing renewal notices in lieu
2825	of the United States Postal Service.
2826	Section 74.  Subsection (2) of section 413.012, Florida
2827	Statutes, is amended to read:
2828	413.012  Confidential records disclosure prohibited;
2829	exemptions.-
2830	(2)  It is unlawful for any person to disclose, authorize
2831	the disclosure, solicit, receive, or make use of any list of
2832	names and addresses or any record containing any information set
2833	forth in subsection (1) and maintained in the division. The
2834	prohibition provided for in this subsection shall not apply to
2835	the use of such information for purposes directly connected with
2836	the administration of the vocational rehabilitation program or
2837	with the monthly dispatch to the Division of Driver Licenses of
2838	the Department of Highway Safety and Motor Vehicles of the name
2839	in full, place and date of birth, sex, social security number,
2840	and resident address of individuals with central visual acuity
2841	20/200 or less in the better eye with correcting glasses, or a
2842	disqualifying field defect in which the peripheral field has
2843	contracted to such an extent that the widest diameter or visual
2844	field subtends an angular distance no greater than 20 degrees.
2845	When requested in writing by an applicant or client, or her or
2846	his representative, the Division of Blind Services shall release
2847	confidential information to the applicant or client or her or
2848	his representative.
2849	Section 75.  Paragraph (f) of subsection (13) of section
2850	713.78, Florida Statutes, is amended to read:
2851	713.78  Liens for recovering, towing, or storing vehicles
2852	and vessels.-
2853	(13)
2854	(f)  This subsection applies only to the annual renewal in
2855	the registered owner's birth month of a motor vehicle
2856	registration and does not apply to the transfer of a
2857	registration of a motor vehicle sold by a motor vehicle dealer
2858	licensed under chapter 320, except for the transfer of
2859	registrations which is inclusive of the annual renewals. This
2860	subsection does not apply to any vehicle registered in the name
2861	of the lessor. This subsection does not affect the issuance of
2862	the title to a motor vehicle, notwithstanding s.
2863	319.23(8)(7)(b).
2864	Section 76.  (1)  This section may be cited as the "To
2865	Inform Families First Act."
2866	(2)  The Department of Highway Safety and Motor Vehicles is
2867	encouraged to educate the law enforcement community and the
2868	general public about the importance of making certain that
2869	drivers are aware of and use the Emergency Contact Information
2870	program, established by the department. The department shall
2871	provide signs for the driver license offices to advertise the
2872	program. This voluntary program allows all drivers the
2873	opportunity to register the names of up to two individuals as
2874	the person they would want to be contacted in the event that
2875	they are involved in a crash.
2876	Section 77.  Except as otherwise expressly provided in this
2877	act, this act shall take effect July 1, 2011.

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