1 | A bill to be entitled |
2 | An act relating to highway safety and motor vehicles; |
3 | amending s. 20.24, F.S.; specifying that the executive |
4 | director of the Department of Highway Safety and Motor |
5 | Vehicles serves at the pleasure of the Governor and |
6 | Cabinet; creating a Division of Motorist Services within |
7 | the department; eliminating the Division of Driver |
8 | Licenses and the Division of Motor Vehicles; amending ss. |
9 | 261.03 and 288.816, F.S., relating to off-highway vehicle |
10 | safety and recreation and Consul Corps license plates, |
11 | respectively; conforming references; amending s. 311.121, |
12 | F.S., relating to membership of the Seaport Security |
13 | Officer Qualification, Training, and Standards |
14 | Coordinating Council; conforming provisions to changes |
15 | made by the act; amending s. 316.003, F.S.; revising |
16 | definitions and defining the term "swamp buggy" for |
17 | purposes of the Florida Uniform Traffic Control Law; |
18 | reenacting s. 316.065(4), F.S., relating to crash |
19 | reports, to incorporate changes made to s. 316.066, F.S., |
20 | by chapter 2010-163, Laws of Florida; amending s. |
21 | 316.1933, F.S.; revising provisions for a health care |
22 | provider to notify a law enforcement agency if the |
23 | provider becomes aware that a person's blood-alcohol |
24 | level meets or exceeds a specified blood-alcohol level; |
25 | authorizing a health care provider to notify a law |
26 | enforcement agency after detecting the presence of a |
27 | controlled substance in the blood of a driver injured in |
28 | a motor vehicle crash; amending s. 316.1957, F.S., |
29 | relating to parking violations; conforming a reference; |
30 | amending s. 316.2065, F.S.; revising safety standard |
31 | requirements for bicycle helmets that must be worn by |
32 | certain riders and passengers; revising requirements for |
33 | a bicycle operator to ride in a bicycle lane or along the |
34 | curb or edge of the roadway; providing for enforcement of |
35 | requirements for bicycle lighting equipment; providing |
36 | penalties for violations; providing for dismissal of the |
37 | charge following a first offense under certain |
38 | circumstances; amending s. 316.2085, F.S.; requiring the |
39 | license tag of a motorcycle or moped to remain clearly |
40 | visible from the rear; prohibiting deliberate acts to |
41 | conceal or obscure the tag; providing for certain tags to |
42 | be affixed perpendicularly; amending ss. 316.2122, |
43 | 316.2124, 316.21265, 316.3026, and 316.550, F.S., |
44 | relating to low-speed vehicles, disability access |
45 | vehicles, all-terrain and utility vehicles, motor |
46 | carriers, and special permits, respectively; conforming |
47 | cross-references; amending s. 316.545, F.S.; providing |
48 | for the regulation of apportionable vehicles; amending s. |
49 | 316.613, F.S.; providing an exception for certain for- |
50 | hire passenger vehicles from provisions requiring the use |
51 | of child restraint devices in motor vehicles; amending s. |
52 | 317.0003, F.S., relating to off-highway vehicles; |
53 | conforming a cross-reference; amending s. 317.0016, F.S.; |
54 | eliminating a requirement that the department provide |
55 | expedited service for certificates of repossession; |
56 | amending s. 318.14, F.S.; clarifying provisions |
57 | authorizing a person cited for a noncriminal traffic |
58 | infraction to elect to attend a driver improvement course |
59 | or enter a plea of nolo contendere; amending s. 318.1451, |
60 | F.S.; requiring the curricula of driver improvement |
61 | schools to include instruction on the dangers of driving |
62 | while distracted; amending s. 318.15, F.S., relating to |
63 | the suspension of driving privileges; conforming a |
64 | reference; amending s. 319.14, F.S.; prohibiting a person |
65 | from knowingly offering for sale, selling, or exchanging |
66 | certain vehicles unless the department has stamped in a |
67 | conspicuous place on the certificate of title words |
68 | stating that the vehicle is a custom vehicle or street |
69 | rod vehicle; defining the terms "custom vehicle" and |
70 | "street rod"; providing requirements for inspection and |
71 | issuance of a rebuilt title; amending s. 319.225, F.S.; |
72 | revising provisions for vehicle certificates of title; |
73 | revising requirements for the transfer and reassignment |
74 | forms for vehicles; revising dealer submission |
75 | requirements; requiring a dealer selling a vehicle out of |
76 | state to mail a copy of the power of attorney form to the |
77 | department; providing for the electronic transfer of a |
78 | vehicle title; amending s. 319.23, F.S.; providing for |
79 | the application for a certificate of title, corrected |
80 | certificate, or assignment or reassignment to be filed |
81 | from the consummation of the sale of a mobile home; |
82 | authorizing the department to accept a bond if the |
83 | applicant for a certificate of title is unable to provide |
84 | a title that assigns the prior owner's interest in the |
85 | motor vehicle; providing requirements for the bond and |
86 | the affidavit; providing for future expiration of the |
87 | bond; amending s. 319.28, F.S.; eliminating certain |
88 | requirements that a lienholder obtain a certificate of |
89 | repossession following repossession of a vehicle or |
90 | mobile home; amending s. 319.323, F.S., relating to title |
91 | offices for expedited service; conforming provisions to |
92 | changes made by the act; amending s. 319.40, F.S.; |
93 | authorizing the department to issue electronic |
94 | certificates of title and use electronic mail addresses |
95 | for purposes of certain notifications; amending s. |
96 | 320.01, F.S.; revising definitions; excluding special |
97 | mobile equipment and swamp buggies from the meaning of |
98 | the term "motor vehicle"; deleting an obsolete |
99 | definition; revising the gross vehicle weight for |
100 | purposes of defining the terms "apportionable vehicle" |
101 | and "commercial motor vehicle"; defining the term "swamp |
102 | buggy"; amending s. 320.02, F.S.; providing that an |
103 | active-duty military member is exempt from the |
104 | requirement to provide an address on an application for |
105 | vehicle registration; requiring the application forms for |
106 | motor vehicle registration and renewal of registration to |
107 | include language permitting the applicant to make a |
108 | voluntary contribution to End Hunger in Florida, Take |
109 | Stock In Children, Autism Services and Supports, and |
110 | Support Our Troops; requiring certain information related |
111 | to voluntary contributions; providing requirements for |
112 | renewal applications; requiring the department to retain |
113 | certain records for a specified period; amending s. |
114 | 320.023, F.S.; relating to voluntary contributions; |
115 | revising provisions regarding requests to establish |
116 | voluntary contributions; conforming provisions to changes |
117 | made by the act; amending s. 320.03, F.S., relating to |
118 | the International Registration Plan; conforming |
119 | provisions to changes made by the act; amending s. |
120 | 320.05, F.S.; deleting a provision requiring that the |
121 | department provide a procedures manual for a fee; |
122 | clarifying that the creation and maintenance of records |
123 | by the Division of Motorist Services is not a law |
124 | enforcement function of agency recordkeeping; amending s. |
125 | 320.06, F.S.; authorizing the department to conduct a |
126 | pilot program to evaluate alternative license plate |
127 | technologies for use on government-owned motor vehicles; |
128 | exempting plates in the pilot program from specified |
129 | license plate design and construction requirements; |
130 | amending s. 320.061, F.S.; providing that it is a |
131 | noncriminal traffic infraction to alter a temporary |
132 | license plate; amending s. 320.071, F.S.; providing for |
133 | the renewal of registration for an apportionable vehicle |
134 | that is registered under the International Registration |
135 | Plan; amending s. 320.0715, F.S.; clarifying provisions |
136 | requiring the registration of apportionable vehicles |
137 | under the International Registration Plan; amending s. |
138 | 320.08, F.S., relating to license taxes; conforming |
139 | cross-references; amending s. 320.08068, F.S.; revising |
140 | use of funds received from the sale of motorcycle |
141 | specialty license plates; amending s. 320.0847, F.S., |
142 | relating to license plates for mini trucks and low-speed |
143 | vehicles; conforming cross-references; amending s. |
144 | 320.0848, F.S.; revising the requirements for the deposit |
145 | of fee proceeds from temporary disabled parking permits; |
146 | amending s. 320.089, F.S.; providing for the issuance of |
147 | a Combat Infantry Badge license plate; providing |
148 | qualifications and requirements for the plate; providing |
149 | for the use of proceeds from the sale of the plate; |
150 | amending s. 320.27, F.S.; exempting salvage motor vehicle |
151 | dealers from certain security requirements; amending s. |
152 | 320.275, F.S., relating to the Automobile Dealers |
153 | Industry Advisory Board; conforming provisions to the |
154 | elimination of the Division of Motor Vehicles within the |
155 | department; amending s. 320.771, F.S.; providing criteria |
156 | for a dealer to apply for a certificate of title to a |
157 | recreational vehicle under certain circumstances; |
158 | amending s. 320.95, F.S.; authorizing the department to |
159 | use electronic mail addresses for the purpose of |
160 | providing license renewal notices; amending s. 321.02, |
161 | F.S.; designating the director of the Division of Highway |
162 | Patrol of the department as the Colonel of the Florida |
163 | Highway Patrol; amending s. 322.02, F.S.; providing for a |
164 | director of the Division of Motorist Services; amending |
165 | s. 322.04, F.S.; revising provisions exempting a |
166 | nonresident from the requirement to obtain a driver's |
167 | license under certain circumstances; amending s. 322.051, |
168 | F.S.; revising requirements by which an applicant for an |
169 | identification card may prove nonimmigrant |
170 | classification; clarifying the validity of an |
171 | identification card based on specified documents; |
172 | amending s. 322.058, F.S., relating to renewal of motor |
173 | vehicle registration; conforming a cross-reference; |
174 | amending s. 322.065, F.S.; revising the period of |
175 | expiration that constitutes the offense of driving with |
176 | an expired driver's license; amending s. 322.07, F.S.; |
177 | revising qualifications for obtaining a temporary |
178 | commercial instruction permit; amending s. 322.08, F.S.; |
179 | revising requirements by which an applicant for a |
180 | driver's license may prove nonimmigrant classification; |
181 | clarifying the validity of a license based on specified |
182 | documents; providing for driver's license application |
183 | forms to allow the applicant to make a voluntary |
184 | contribution to Autism Services and Supports and Support |
185 | Our Troops, Inc.; requiring certain information related |
186 | to voluntary contributions; providing requirements for |
187 | renewal applications; authorizing the department to use |
188 | electronic mail addresses for the purposes of providing |
189 | license renewal notices; amending s. 322.081, F.S., |
190 | relating to requests to establish voluntary |
191 | contributions; conforming provisions to changes made by |
192 | the act; amending s. 322.095, F.S.; requiring the |
193 | curricula of traffic law and substance abuse education |
194 | courses to include instruction on the dangers of driving |
195 | while distracted; amending s. 322.12, F.S.; deleting |
196 | provisions requiring a separate examination for |
197 | applicants for a license to operate a motorcycle; |
198 | requiring that the motorcycle safety course for a first- |
199 | time applicant include a final examination; requiring |
200 | that completion of the course be indicated on the |
201 | license; amending s. 322.121, F.S.; clarifying provisions |
202 | authorizing the automatic extension of a license for |
203 | members of the Armed Forces or their dependents while |
204 | serving on active duty outside the state; amending s. |
205 | 322.14, F.S.; deleting a requirement that applicants for |
206 | specified licenses appear in person for issuance of a |
207 | color photographic or digital imaged driver's license; |
208 | amending s. 322.19, F.S., providing that certain persons |
209 | with a valid student identification card are presumed not |
210 | to have changed their legal residence or mailing address; |
211 | amending s. 322.20, F.S., relating to department records; |
212 | conforming provisions to changes made by the act; |
213 | amending s. 322.202, F.S.; clarifying that the Division |
214 | of Motorist Services is not a law enforcement agency; |
215 | amending s. 322.21, F.S., relating to handling and |
216 | collecting license fees; conforming provisions to changes |
217 | made by the act; authorizing a driver to renew his or her |
218 | driver's license during a specified period before the |
219 | license expiration date; amending s. 322.22, F.S.; |
220 | clarifying provisions authorizing the department to |
221 | cancel a driver's license; authorizing the department to |
222 | cancel a license upon determining that the licensee is |
223 | not entitled to the license; amending s. 322.2615, F.S., |
224 | relating to a person's right to review of a license |
225 | suspension; revising provisions for a formal review |
226 | hearing and enforcement of a subpoena; amending s. |
227 | 322.34, F.S.; providing that a person who commits a |
228 | certain infraction shall not have a vehicle impounded or |
229 | immobilized; amending s. 322.53, F.S.; revising |
230 | provisions exempting certain farmers and drivers who |
231 | operate straight trucks from the requirement to obtain a |
232 | commercial driver's license; amending s. 322.54, F.S.; |
233 | requiring that the driver's license classification be |
234 | determined by the actual weight of the vehicle under |
235 | certain circumstances; repealing s. 322.58, F.S., |
236 | relating to holders of chauffeur's licenses; amending s. |
237 | 322.59, F.S.; requiring that the department disqualify a |
238 | driver holding a commercial driver's license who fails to |
239 | comply with specified federal certification requirements; |
240 | amending s. 322.61, F.S.; providing that the holder of a |
241 | commercial driver's license is permanently disqualified |
242 | from operating a commercial motor vehicle following two |
243 | violations of specified offenses committed while |
244 | operating any vehicle; amending s. 322.64, F.S.; |
245 | providing that a notice of disqualification from |
246 | operating a commercial motor vehicle acts as a conviction |
247 | for purposes of certain federal restrictions imposed for |
248 | the offense of operating a commercial motor vehicle while |
249 | under the influence of alcohol; deleting provisions |
250 | authorizing the department to impose certain alternative |
251 | restrictions for such offense; amending s. 328.30, F.S.; |
252 | authorizing the department to issue electronic |
253 | certificates of title for vessels and use electronic mail |
254 | addresses for purposes of providing renewal notices; |
255 | amending s. 328.72, F.S., relating to registration of |
256 | vessels; requiring certain information related to |
257 | voluntary contributions; providing requirements for |
258 | renewal applications; amending s. 413.012, F.S., relating |
259 | to a prohibition on disclosing confidential records held |
260 | by the department; conforming provisions to changes made |
261 | by the act; amending s. 713.78, F.S., relating to renewal |
262 | of motor vehicle registration; conforming a cross- |
263 | reference; providing a short title; providing for a |
264 | voluntary emergency contact information program |
265 | established by the department; providing effective dates. |
266 |
|
267 | Be It Enacted by the Legislature of the State of Florida: |
268 |
|
269 | Section 1. Section 20.24, Florida Statutes, is amended to |
270 | read: |
271 | 20.24 Department of Highway Safety and Motor Vehicles.- |
272 | There is created a Department of Highway Safety and Motor |
273 | Vehicles. |
274 | (1) The head of the Department of Highway Safety and Motor |
275 | Vehicles is the Governor and Cabinet. An executive director |
276 | shall serve at the pleasure of the Governor and Cabinet. The |
277 | executive director may establish a command, operational, and |
278 | administrative services structure to assist, manage, and support |
279 | the department in operating programs and delivering services. |
280 | (2) The following divisions, and bureaus within the |
281 | divisions, of the Department of Highway Safety and Motor |
282 | Vehicles are established: |
283 | (a) Division of the Florida Highway Patrol. |
284 | (b) Division of Motorist Services. |
285 | (b) Division of Driver Licenses. |
286 | (c) Division of Motor Vehicles. |
287 | Section 2. Subsection (9) of section 261.03, Florida |
288 | Statutes, is amended to read: |
289 | 261.03 Definitions.-As used in this chapter, the term: |
290 | (9) "ROV" means any motorized recreational off-highway |
291 | vehicle 64 inches or less in width, having a dry weight of 2,000 |
292 | pounds or less, designed to travel on four or more nonhighway |
293 | tires, having nonstraddle seating and a steering wheel, and |
294 | manufactured for recreational use by one or more persons. The |
295 | term "ROV" does not include a golf cart as defined in ss. |
296 | 320.01(22) and 316.003(68) or a low-speed vehicle as defined in |
297 | s. 320.01(42). |
298 | Section 3. Paragraph (e) of subsection (2) of section |
299 | 288.816, Florida Statutes, is amended to read: |
300 | 288.816 Intergovernmental relations.- |
301 | (2) The Office of Tourism, Trade, and Economic Development |
302 | shall be responsible for all consular relations between the |
303 | state and all foreign governments doing business in Florida. The |
304 | office shall monitor United States laws and directives to ensure |
305 | that all federal treaties regarding foreign privileges and |
306 | immunities are properly observed. The office shall promulgate |
307 | rules which shall: |
308 | (e) Verify entitlement to issuance of special motor |
309 | vehicle license plates by the Division of Motor Vehicles of the |
310 | Department of Highway Safety and Motor Vehicles to honorary |
311 | consuls or such other officials representing foreign governments |
312 | who are not entitled to issuance of special Consul Corps license |
313 | plates by the United States Government. |
314 | Section 4. Paragraph (a) of subsection (3) of section |
315 | 311.121, Florida Statutes, is amended to read: |
316 | 311.121 Qualifications, training, and certification of |
317 | licensed security officers at Florida seaports.- |
318 | (3) The Seaport Security Officer Qualification, Training, |
319 | and Standards Coordinating Council is created under the |
320 | Department of Law Enforcement. |
321 | (a) The executive director of the Department of Law |
322 | Enforcement shall appoint 11 members to the council, to include: |
323 | 1. The seaport administrator of the Department of Law |
324 | Enforcement. |
325 | 2. The Commissioner of Education or his or her designee. |
326 | 3. The director of the Division of Licensing of the |
327 | Department of Agriculture and Consumer Services. |
328 | 4. The administrator of the Florida Seaport Transportation |
329 | and Economic Development Council. |
330 | 5. Two seaport security directors from seaports designated |
331 | under s. 311.09. |
332 | 6. One director of a state law enforcement academy. |
333 | 7. One representative of a local law enforcement agency. |
334 | 8. Two representatives of contract security services. |
335 | 9. One representative of the Division of Driver Licenses |
336 | of the Department of Highway Safety and Motor Vehicles. |
337 | Section 5. Subsections (2) and (21) of section 316.003, |
338 | Florida Statutes, are amended, and subsection (89) is added to |
339 | that section, to read: |
340 | 316.003 Definitions.-The following words and phrases, when |
341 | used in this chapter, shall have the meanings respectively |
342 | ascribed to them in this section, except where the context |
343 | otherwise requires: |
344 | (2) BICYCLE.-Every vehicle propelled solely by human |
345 | power, and every motorized bicycle propelled by a combination of |
346 | human power and a an electric helper motor capable of propelling |
347 | the vehicle at a speed of not more than 20 miles per hour on |
348 | level ground upon which any person may ride, having two tandem |
349 | wheels, and including any device generally recognized as a |
350 | bicycle though equipped with two front or two rear wheels. The |
351 | term does not include such a vehicle with a seat height of no |
352 | more than 25 inches from the ground when the seat is adjusted to |
353 | its highest position or a scooter or similar device. No person |
354 | under the age of 16 may operate or ride upon a motorized |
355 | bicycle. |
356 | (21) MOTOR VEHICLE.-Any self-propelled vehicle not |
357 | operated upon rails or guideway, but not including any bicycle, |
358 | motorized scooter, electric personal assistive mobility device, |
359 | swamp buggy, or moped. |
360 | (89) SWAMP BUGGY.-A motorized off-road vehicle designed to |
361 | travel over swampy terrain, which may use large tires or tracks |
362 | operated from an elevated platform, and may be used upon varied |
363 | terrain. A swamp buggy does not include any vehicle defined in |
364 | chapter 261 or otherwise defined or classified in this chapter. |
365 | A swamp buggy may not be operated upon the public roads, |
366 | streets, or highways of this state, except to the extent |
367 | specifically authorized by a state or federal agency to be used |
368 | exclusively upon lands, managed, owned, or leased by that |
369 | agency. |
370 | Section 6. For the purpose of incorporating the amendment |
371 | made by chapter 2010-163, Laws of Florida, to section 316.066, |
372 | Florida Statutes, in a reference thereto, subsection (4) of |
373 | section 316.065, Florida Statutes, is reenacted retroactive to |
374 | July 1, 2010, to read: |
375 | 316.065 Crashes; reports; penalties.- |
376 | (4) Any person who knowingly repairs a motor vehicle |
377 | without having made a report as required by subsection (3) is |
378 | guilty of a misdemeanor of the first degree, punishable as |
379 | provided in s. 775.082 or s. 775.083. The owner and driver of a |
380 | vehicle involved in a crash who makes a report thereof in |
381 | accordance with subsection (1) or s. 316.066(1) is not liable |
382 | under this section. |
383 | Section 7. Subsection (1) of section 316.066, Florida |
384 | Statutes, as amended by chapter 2010-163, Laws of Florida, |
385 | reads: |
386 | 316.066 Written reports of crashes.- |
387 | (1)(a) A Florida Traffic Crash Report, Long Form is |
388 | required to be completed and submitted to the department within |
389 | 10 days after completing an investigation by every law |
390 | enforcement officer who in the regular course of duty |
391 | investigates a motor vehicle crash: |
392 | 1. That resulted in death or personal injury. |
393 | 2. That involved a violation of s. 316.061(1) or s. |
394 | 316.193. |
395 | 3. In which a vehicle was rendered inoperative to a degree |
396 | that required a wrecker to remove it from traffic, if such |
397 | action is appropriate, in the officer's discretion. |
398 | (b) In every crash for which a Florida Traffic Crash |
399 | Report, Long Form is not required by this section, the law |
400 | enforcement officer may complete a short-form crash report or |
401 | provide a short-form crash report to be completed by each party |
402 | involved in the crash. The short-form report must include: |
403 | 1. The date, time, and location of the crash. |
404 | 2. A description of the vehicles involved. |
405 | 3. The names and addresses of the parties involved. |
406 | 4. The names and addresses of witnesses. |
407 | 5. The name, badge number, and law enforcement agency of |
408 | the officer investigating the crash. |
409 | 6. The names of the insurance companies for the respective |
410 | parties involved in the crash. |
411 | (c) Each party to the crash shall provide the law |
412 | enforcement officer with proof of insurance to be included in |
413 | the crash report. If a law enforcement officer submits a report |
414 | on the accident, proof of insurance must be provided to the |
415 | officer by each party involved in the crash. Any party who fails |
416 | to provide the required information commits a noncriminal |
417 | traffic infraction, punishable as a nonmoving violation as |
418 | provided in chapter 318, unless the officer determines that due |
419 | to injuries or other special circumstances such insurance |
420 | information cannot be provided immediately. If the person |
421 | provides the law enforcement agency, within 24 hours after the |
422 | crash, proof of insurance that was valid at the time of the |
423 | crash, the law enforcement agency may void the citation. |
424 | (d) The driver of a vehicle that was in any manner |
425 | involved in a crash resulting in damage to any vehicle or other |
426 | property in an amount of $500 or more, which crash was not |
427 | investigated by a law enforcement agency, shall, within 10 days |
428 | after the crash, submit a written report of the crash to the |
429 | department or traffic records center. The entity receiving the |
430 | report may require witnesses of crashes to render reports and |
431 | may require any driver of a vehicle involved in a crash of which |
432 | a written report must be made as provided in this section to |
433 | file supplemental written reports whenever the original report |
434 | is deemed insufficient by the receiving entity. |
435 | (e) Short-form crash reports prepared by law enforcement |
436 | shall be maintained by the law enforcement officer's agency. |
437 | Section 8. Paragraph (a) of subsection (2) of section |
438 | 316.1933, Florida Statutes, is amended to read: |
439 | 316.1933 Blood test for impairment or intoxication in |
440 | cases of death or serious bodily injury; right to use reasonable |
441 | force.- |
442 | (2)(a) Only a physician, certified paramedic, registered |
443 | nurse, licensed practical nurse, other personnel authorized by a |
444 | hospital to draw blood, or duly licensed clinical laboratory |
445 | director, supervisor, technologist, or technician, acting at the |
446 | request of a law enforcement officer, may withdraw blood for the |
447 | purpose of determining the alcoholic content thereof or the |
448 | presence of chemical substances or controlled substances |
449 | therein. However, the failure of a law enforcement officer to |
450 | request the withdrawal of blood shall not affect the |
451 | admissibility of a test of blood withdrawn for medical purposes. |
452 | 1. Notwithstanding any provision of law pertaining to the |
453 | confidentiality of hospital records or other medical records, if |
454 | a health care provider, who is providing medical care in a |
455 | health care facility to a driver person injured in a motor |
456 | vehicle crash, becomes aware, as a result of any blood test |
457 | performed in the course of that medical treatment, that the |
458 | person's blood-alcohol level meets or exceeds the blood-alcohol |
459 | level specified in s. 316.193(1)(b), or detects the presence of |
460 | a controlled substance listed in s. 893.03(1), the health care |
461 | provider may notify any law enforcement officer or law |
462 | enforcement agency. Any such notice must be given within a |
463 | reasonable time after the health care provider receives the test |
464 | result. Any such notice shall be used only for the purpose of |
465 | providing the law enforcement officer with reasonable cause to |
466 | request the withdrawal of a blood sample pursuant to this |
467 | section. |
468 | 2. The notice shall consist only of the name of the person |
469 | being treated, the name of the person who drew the blood, the |
470 | blood-alcohol level indicated by the test, and the date and time |
471 | of the administration of the test. |
472 | 3. Nothing contained in s. 395.3025(4), s. 456.057, or any |
473 | applicable practice act affects the authority to provide notice |
474 | under this section, and the health care provider is not |
475 | considered to have breached any duty owed to the person under s. |
476 | 395.3025(4), s. 456.057, or any applicable practice act by |
477 | providing notice or failing to provide notice. It shall not be a |
478 | breach of any ethical, moral, or legal duty for a health care |
479 | provider to provide notice or fail to provide notice. |
480 | 4. A civil, criminal, or administrative action may not be |
481 | brought against any person or health care provider participating |
482 | in good faith in the provision of notice or failure to provide |
483 | notice as provided in this section. Any person or health care |
484 | provider participating in the provision of notice or failure to |
485 | provide notice as provided in this section shall be immune from |
486 | any civil or criminal liability and from any professional |
487 | disciplinary action with respect to the provision of notice or |
488 | failure to provide notice under this section. Any such |
489 | participant has the same immunity with respect to participating |
490 | in any judicial proceedings resulting from the notice or failure |
491 | to provide notice. |
492 | Section 9. Section 316.1957, Florida Statutes, is amended |
493 | to read: |
494 | 316.1957 Parking violations; designated parking spaces for |
495 | persons who have disabilities.-When evidence is presented in any |
496 | court of the fact that any motor vehicle was parked in a |
497 | properly designated parking space for persons who have |
498 | disabilities in violation of s. 316.1955, it is prima facie |
499 | evidence that the vehicle was parked and left in the space by |
500 | the person, firm, or corporation in whose name the vehicle is |
501 | registered and licensed according to the records of the |
502 | department Division of Motor Vehicles. |
503 | Section 10. Paragraph (d) of subsection (3) and |
504 | subsections (5) and (8) of section 316.2065, Florida Statutes, |
505 | are amended to read: |
506 | 316.2065 Bicycle regulations.- |
507 | (3) |
508 | (d) A bicycle rider or passenger who is under 16 years of |
509 | age must wear a bicycle helmet that is properly fitted and is |
510 | fastened securely upon the passenger's head by a strap, and that |
511 | meets the federal safety standard for bicycle helmets, final |
512 | rule, 16 C.F.R. part 1203. Helmets purchased before October 1, |
513 | 2011, and meeting standards of the American National Standards |
514 | Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards |
515 | of the Snell Memorial Foundation (1984 Standard for Protective |
516 | Headgear for Use in Bicycling), or any other nationally |
517 | recognized standards for bicycle helmets adopted by the |
518 | department may continue to be worn by riders or passengers until |
519 | January 1, 2015. As used in this subsection, the term |
520 | "passenger" includes a child who is riding in a trailer or |
521 | semitrailer attached to a bicycle. |
522 | (5)(a) Any person operating a bicycle upon a roadway at |
523 | less than the normal speed of traffic at the time and place and |
524 | under the conditions then existing shall ride in the lane marked |
525 | for bicycle use or, if no lane is marked for bicycle use, as |
526 | close as practicable to the right-hand curb or edge of the |
527 | roadway except under any of the following situations: |
528 | 1. When overtaking and passing another bicycle or vehicle |
529 | proceeding in the same direction. |
530 | 2. When preparing for a left turn at an intersection or |
531 | into a private road or driveway. |
532 | 3. When reasonably necessary to avoid any condition or |
533 | potential conflict, including, but not limited to, a fixed or |
534 | moving object, parked or moving vehicle, bicycle, pedestrian, |
535 | animal, surface hazard, turn lane, or substandard-width lane, |
536 | which that makes it unsafe to continue along the right-hand curb |
537 | or edge or within a bicycle lane. For the purposes of this |
538 | subsection, a "substandard-width lane" is a lane that is too |
539 | narrow for a bicycle and another vehicle to travel safely side |
540 | by side within the lane. |
541 | (b) Any person operating a bicycle upon a one-way highway |
542 | with two or more marked traffic lanes may ride as near the left- |
543 | hand curb or edge of such roadway as practicable. |
544 | (8) Every bicycle in use between sunset and sunrise shall |
545 | be equipped with a lamp on the front exhibiting a white light |
546 | visible from a distance of at least 500 feet to the front and a |
547 | lamp and reflector on the rear each exhibiting a red light |
548 | visible from a distance of 600 feet to the rear. A bicycle or |
549 | its rider may be equipped with lights or reflectors in addition |
550 | to those required by this section. A law enforcement officer may |
551 | issue a bicycle safety brochure and a verbal warning to a |
552 | bicycle rider who violates this subsection. A bicycle rider who |
553 | violates this subsection may be issued a citation by a law |
554 | enforcement officer and assessed a fine for a pedestrian |
555 | violation, as provided in s. 318.18. The court shall dismiss the |
556 | charge against a bicycle rider for a first violation of this |
557 | subsection upon proof of purchase and installation of the proper |
558 | lighting equipment. |
559 | Section 11. Subsection (3) of section 316.2085, Florida |
560 | Statutes, is amended to read: |
561 | 316.2085 Riding on motorcycles or mopeds.- |
562 | (3) The license tag of a motorcycle or moped must be |
563 | permanently affixed to the vehicle and remain clearly visible |
564 | from the rear at all times may not be adjusted or capable of |
565 | being flipped up. Any deliberate act to conceal or obscure No |
566 | device for or method of concealing or obscuring the legibility |
567 | of the license tag of a motorcycle is prohibited shall be |
568 | installed or used. The license tag of a motorcycle or moped may |
569 | be affixed horizontally to the ground so that the numbers and |
570 | letters read from left to right. Alternatively, a Florida |
571 | license tag for a motorcycle or moped for which the numbers and |
572 | letters read from top to bottom may be affixed perpendicularly |
573 | to the ground, provided that the registered owner of the |
574 | motorcycle or moped maintains a prepaid toll account in good |
575 | standing and a transponder associated with the prepaid toll |
576 | account is affixed to the motorcycle or moped. A license tag for |
577 | a motorcycle or moped issued by another jurisdiction for which |
578 | the numbers and letters read from top to bottom may be affixed |
579 | perpendicularly to the ground. |
580 | Section 12. Section 316.2122, Florida Statutes, is amended |
581 | to read: |
582 | 316.2122 Operation of a low-speed vehicle or mini truck on |
583 | certain roadways.-The operation of a low-speed vehicle as |
584 | defined in s. 320.01(42) or a mini truck as defined in s. |
585 | 320.01(45) on any road as defined in s. 334.03(15) or (33) is |
586 | authorized with the following restrictions: |
587 | (1) A low-speed vehicle or mini truck may be operated only |
588 | on streets where the posted speed limit is 35 miles per hour or |
589 | less. This does not prohibit a low-speed vehicle or mini truck |
590 | from crossing a road or street at an intersection where the road |
591 | or street has a posted speed limit of more than 35 miles per |
592 | hour. |
593 | (2) A low-speed vehicle must be equipped with headlamps, |
594 | stop lamps, turn signal lamps, taillamps, reflex reflectors, |
595 | parking brakes, rearview mirrors, windshields, seat belts, and |
596 | vehicle identification numbers. |
597 | (3) A low-speed vehicle or mini truck must be registered |
598 | and insured in accordance with s. 320.02 and titled pursuant to |
599 | chapter 319. |
600 | (4) Any person operating a low-speed vehicle or mini truck |
601 | must have in his or her possession a valid driver's license. |
602 | (5) A county or municipality may prohibit the operation of |
603 | low-speed vehicles or mini trucks on any road under its |
604 | jurisdiction if the governing body of the county or municipality |
605 | determines that such prohibition is necessary in the interest of |
606 | safety. |
607 | (6) The Department of Transportation may prohibit the |
608 | operation of low-speed vehicles or mini trucks on any road under |
609 | its jurisdiction if it determines that such prohibition is |
610 | necessary in the interest of safety. |
611 | Section 13. Section 316.2124, Florida Statutes, is amended |
612 | to read: |
613 | 316.2124 Motorized disability access vehicles.-The |
614 | Department of Highway Safety and Motor Vehicles is directed to |
615 | provide, by rule, for the regulation of motorized disability |
616 | access vehicles as described in s. 320.01(34). The department |
617 | shall provide that motorized disability access vehicles shall be |
618 | registered in the same manner as motorcycles and shall pay the |
619 | same registration fee as for a motorcycle. There shall also be |
620 | assessed, in addition to the registration fee, a $2.50 surcharge |
621 | for motorized disability access vehicles. This surcharge shall |
622 | be paid into the Highway Safety Operating Trust Fund. Motorized |
623 | disability access vehicles shall not be required to be titled by |
624 | the department. The department shall require motorized |
625 | disability access vehicles to be subject to the same safety |
626 | requirements as set forth in this chapter for motorcycles. |
627 | Section 14. Subsection (1) of section 316.21265, Florida |
628 | Statutes, is amended to read: |
629 | 316.21265 Use of all-terrain vehicles, golf carts, low- |
630 | speed vehicles, or utility vehicles by law enforcement |
631 | agencies.- |
632 | (1) Notwithstanding any provision of law to the contrary, |
633 | any law enforcement agency in this state may operate all-terrain |
634 | vehicles as defined in s. 316.2074, golf carts as defined in s. |
635 | 320.01(22), low-speed vehicles as defined in s. 320.01(42), or |
636 | utility vehicles as defined in s. 320.01(43) on any street, |
637 | road, or highway in this state while carrying out its official |
638 | duties. |
639 | Section 15. Subsection (1) of section 316.3026, Florida |
640 | Statutes, is amended to read: |
641 | 316.3026 Unlawful operation of motor carriers.- |
642 | (1) The Office of Motor Carrier Compliance of the |
643 | Department of Transportation may issue out-of-service orders to |
644 | motor carriers, as defined in s. 320.01(33), who have after |
645 | proper notice failed to pay any penalty or fine assessed by the |
646 | department, or its agent, against any owner or motor carrier for |
647 | violations of state law, refused to submit to a compliance |
648 | review and provide records pursuant to s. 316.302(5) or s. |
649 | 316.70, or violated safety regulations pursuant to s. 316.302 or |
650 | insurance requirements found in s. 627.7415. Such out-of-service |
651 | orders shall have the effect of prohibiting the operations of |
652 | any motor vehicles owned, leased, or otherwise operated by the |
653 | motor carrier upon the roadways of this state, until such time |
654 | as the violations have been corrected or penalties have been |
655 | paid. Out-of-service orders issued under this section must be |
656 | approved by the Secretary of Transportation or his or her |
657 | designee. An administrative hearing pursuant to s. 120.569 shall |
658 | be afforded to motor carriers subject to such orders. |
659 | Section 16. Subsection (3) of section 316.545, Florida |
660 | Statutes, is amended to read: |
661 | 316.545 Weight and load unlawful; special fuel and motor |
662 | fuel tax enforcement; inspection; penalty; review.- |
663 | (3) Any person who violates the overloading provisions of |
664 | this chapter shall be conclusively presumed to have damaged the |
665 | highways of this state by reason of such overloading, which |
666 | damage is hereby fixed as follows: |
667 | (a) When the excess weight is 200 pounds or less than the |
668 | maximum herein provided, the penalty shall be $10; |
669 | (b) Five cents per pound for each pound of weight in |
670 | excess of the maximum herein provided when the excess weight |
671 | exceeds 200 pounds. However, whenever the gross weight of the |
672 | vehicle or combination of vehicles does not exceed the maximum |
673 | allowable gross weight, the maximum fine for the first 600 |
674 | pounds of unlawful axle weight shall be $10; |
675 | (c) For a vehicle equipped with fully functional idle- |
676 | reduction technology, any penalty shall be calculated by |
677 | reducing the actual gross vehicle weight or the internal bridge |
678 | weight by the certified weight of the idle-reduction technology |
679 | or by 400 pounds, whichever is less. The vehicle operator must |
680 | present written certification of the weight of the idle- |
681 | reduction technology and must demonstrate or certify that the |
682 | idle-reduction technology is fully functional at all times. This |
683 | calculation is not allowed for vehicles described in s. |
684 | 316.535(6); |
685 | (d) An apportionable apportioned motor vehicle, as defined |
686 | in s. 320.01, operating on the highways of this state without |
687 | being properly licensed and registered shall be subject to the |
688 | penalties as herein provided; and |
689 | (e) Vehicles operating on the highways of this state from |
690 | nonmember International Registration Plan jurisdictions which |
691 | are not in compliance with the provisions of s. 316.605 shall be |
692 | subject to the penalties as herein provided. |
693 | Section 17. Paragraph (a) of subsection (5) and subsection |
694 | (10) of section 316.550, Florida Statutes, are amended to read: |
695 | 316.550 Operations not in conformity with law; special |
696 | permits.- |
697 | (5)(a) The Department of Transportation may issue a |
698 | wrecker special blanket permit to authorize a wrecker as defined |
699 | in s. 320.01(40) to tow a disabled vehicle as defined in s. |
700 | 320.01(38) where the combination of the wrecker and the disabled |
701 | vehicle being towed exceeds the maximum weight limits as |
702 | established by s. 316.535. |
703 | (10) Whenever any motor vehicle, or the combination of a |
704 | wrecker as defined in s. 320.01(40) and a towed motor vehicle, |
705 | exceeds any weight or dimensional criteria or special |
706 | operational or safety stipulation contained in a special permit |
707 | issued under the provisions of this section, the penalty |
708 | assessed to the owner or operator shall be as follows: |
709 | (a) For violation of weight criteria contained in a |
710 | special permit, the penalty per pound or portion thereof |
711 | exceeding the permitted weight shall be as provided in s. |
712 | 316.545. |
713 | (b) For each violation of dimensional criteria in a |
714 | special permit, the penalty shall be as provided in s. 316.516 |
715 | and penalties for multiple violations of dimensional criteria |
716 | shall be cumulative except that the total penalty for the |
717 | vehicle shall not exceed $1,000. |
718 | (c) For each violation of an operational or safety |
719 | stipulation in a special permit, the penalty shall be an amount |
720 | not to exceed $1,000 per violation and penalties for multiple |
721 | violations of operational or safety stipulations shall be |
722 | cumulative except that the total penalty for the vehicle shall |
723 | not exceed $1,000. |
724 | (d) For violation of any special condition that has been |
725 | prescribed in the rules of the Department of Transportation and |
726 | declared on the permit, the vehicle shall be determined to be |
727 | out of conformance with the permit and the permit shall be |
728 | declared null and void for the vehicle, and weight and |
729 | dimensional limits for the vehicle shall be as established in s. |
730 | 316.515 or s. 316.535, whichever is applicable, and: |
731 | 1. For weight violations, a penalty as provided in s. |
732 | 316.545 shall be assessed for those weights which exceed the |
733 | limits thus established for the vehicle; and |
734 | 2. For dimensional, operational, or safety violations, a |
735 | penalty as established in paragraph (c) or s. 316.516, whichever |
736 | is applicable, shall be assessed for each nonconforming |
737 | dimensional, operational, or safety violation and the penalties |
738 | for multiple violations shall be cumulative for the vehicle. |
739 | Section 18. Subsection (5) of section 316.613, Florida |
740 | Statutes, is renumbered as subsection (6), and a new subsection |
741 | (5) is added to that section to read: |
742 | 316.613 Child restraint requirements.- |
743 | (5) The child restraint requirements imposed by this |
744 | section do not apply to a chauffeur-driven taxi, limousine, |
745 | sedan, van, bus, motor coach, or other passenger vehicle if the |
746 | operator and the motor vehicle are hired and used for the |
747 | transportation of persons for compensation. It is the obligation |
748 | and responsibility of the parent, guardian, or other person |
749 | responsible for a child's welfare, as defined in s. 39.01(47), |
750 | to comply with the requirements of this section. |
751 | Section 19. Subsection (9) of section 317.0003, Florida |
752 | Statutes, is amended to read: |
753 | 317.0003 Definitions.-As used in this chapter, the term: |
754 | (9) "ROV" means any motorized recreational off-highway |
755 | vehicle 64 inches or less in width, having a dry weight of 2,000 |
756 | pounds or less, designed to travel on four or more nonhighway |
757 | tires, having nonstraddle seating and a steering wheel, and |
758 | manufactured for recreational use by one or more persons. The |
759 | term "ROV" does not include a golf cart as defined in ss. |
760 | 320.01(22) and 316.003(68) or a low-speed vehicle as defined in |
761 | s. 320.01(42). |
762 | Section 20. Section 317.0016, Florida Statutes, is amended |
763 | to read: |
764 | 317.0016 Expedited service; applications; fees.-The |
765 | department shall provide, through its agents and for use by the |
766 | public, expedited service on title transfers, title issuances, |
767 | duplicate titles, and recordation of liens, and certificates of |
768 | repossession. A fee of $7 shall be charged for this service, |
769 | which is in addition to the fees imposed by ss. 317.0007 and |
770 | 317.0008, and $3.50 of this fee shall be retained by the |
771 | processing agency. All remaining fees shall be deposited in the |
772 | Incidental Trust Fund of the Division of Forestry of the |
773 | Department of Agriculture and Consumer Services. Application for |
774 | expedited service may be made by mail or in person. The |
775 | department shall issue each title applied for pursuant to this |
776 | section within 5 working days after receipt of the application |
777 | except for an application for a duplicate title certificate |
778 | covered by s. 317.0008(3), in which case the title must be |
779 | issued within 5 working days after compliance with the |
780 | department's verification requirements. |
781 | Section 21. Subsection (9) and paragraph (a) of subsection |
782 | (10) of section 318.14, Florida Statutes, are amended to read: |
783 | 318.14 Noncriminal traffic infractions; exception; |
784 | procedures.- |
785 | (9) Any person who does not hold a commercial driver's |
786 | license and who is cited while driving a noncommercial motor |
787 | vehicle for an infraction under this section other than a |
788 | violation of s. 316.183(2), s. 316.187, or s. 316.189 when the |
789 | driver exceeds the posted limit by 30 miles per hour or more, s. |
790 | 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. |
791 | 322.61, or s. 322.62 may, in lieu of a court appearance, elect |
792 | to attend in the location of his or her choice within this state |
793 | a basic driver improvement course approved by the Department of |
794 | Highway Safety and Motor Vehicles. In such a case, adjudication |
795 | must be withheld and points, as provided by s. 322.27, may not |
796 | be assessed. However, a person may not make an election under |
797 | this subsection if the person has made an election under this |
798 | subsection in the preceding 12 months. A person may make no more |
799 | than five elections within his or her lifetime under this |
800 | subsection. The requirement for community service under s. |
801 | 318.18(8) is not waived by a plea of nolo contendere or by the |
802 | withholding of adjudication of guilt by a court. If a person |
803 | makes an election to attend a basic driver improvement course |
804 | under this subsection, 18 percent of the civil penalty imposed |
805 | under s. 318.18(3) shall be deposited in the State Courts |
806 | Revenue Trust Fund; however, that portion is not revenue for |
807 | purposes of s. 28.36 and may not be used in establishing the |
808 | budget of the clerk of the court under that section or s. 28.35. |
809 | (10)(a) Any person who does not hold a commercial driver's |
810 | license and who is cited while driving a noncommercial motor |
811 | vehicle for an offense listed under this subsection may, in lieu |
812 | of payment of fine or court appearance, elect to enter a plea of |
813 | nolo contendere and provide proof of compliance to the clerk of |
814 | the court, designated official, or authorized operator of a |
815 | traffic violations bureau. In such case, adjudication shall be |
816 | withheld; however, no election shall be made under this |
817 | subsection if such person has made an election under this |
818 | subsection in the 12 months preceding election hereunder. No |
819 | person may make more than three elections under this subsection. |
820 | This subsection applies to the following offenses: |
821 | 1. Operating a motor vehicle without a valid driver's |
822 | license in violation of the provisions of s. 322.03, s. 322.065, |
823 | or s. 322.15(1), or operating a motor vehicle with a license |
824 | that has been suspended for failure to appear, failure to pay |
825 | civil penalty, or failure to attend a driver improvement course |
826 | pursuant to s. 322.291. |
827 | 2. Operating a motor vehicle without a valid registration |
828 | in violation of s. 320.0605, s. 320.07, or s. 320.131. |
829 | 3. Operating a motor vehicle in violation of s. 316.646. |
830 | 4. Operating a motor vehicle with a license that has been |
831 | suspended under s. 61.13016 or s. 322.245 for failure to pay |
832 | child support or for failure to pay any other financial |
833 | obligation as provided in s. 322.245; however, this subparagraph |
834 | does not apply if the license has been suspended pursuant to s. |
835 | 322.245(1). |
836 | 5. Operating a motor vehicle with a license that has been |
837 | suspended under s. 322.091 for failure to meet school attendance |
838 | requirements. |
839 | Section 22. Paragraph (a) of subsection (2) of section |
840 | 318.1451, Florida Statutes, is amended to read: |
841 | 318.1451 Driver improvement schools.- |
842 | (2)(a) In determining whether to approve the courses |
843 | referenced in this section, the department shall consider course |
844 | content designed to promote safety, driver awareness, crash |
845 | avoidance techniques, the dangers of driving while distracted, |
846 | which must specifically include the use of technology while |
847 | driving, and other factors or criteria to improve driver |
848 | performance from a safety viewpoint. |
849 | Section 23. Paragraph (a) of subsection (1) of section |
850 | 318.15, Florida Statutes, is amended to read: |
851 | 318.15 Failure to comply with civil penalty or to appear; |
852 | penalty.- |
853 | (1)(a) If a person fails to comply with the civil |
854 | penalties provided in s. 318.18 within the time period specified |
855 | in s. 318.14(4), fails to enter into or comply with the terms of |
856 | a penalty payment plan with the clerk of the court in accordance |
857 | with ss. 318.14 and 28.246, fails to attend driver improvement |
858 | school, or fails to appear at a scheduled hearing, the clerk of |
859 | the court shall notify the Division of Driver Licenses of the |
860 | Department of Highway Safety and Motor Vehicles of such failure |
861 | within 10 days after such failure. Upon receipt of such notice, |
862 | the department shall immediately issue an order suspending the |
863 | driver's license and privilege to drive of such person effective |
864 | 20 days after the date the order of suspension is mailed in |
865 | accordance with s. 322.251(1), (2), and (6). Any such suspension |
866 | of the driving privilege which has not been reinstated, |
867 | including a similar suspension imposed outside Florida, shall |
868 | remain on the records of the department for a period of 7 years |
869 | from the date imposed and shall be removed from the records |
870 | after the expiration of 7 years from the date it is imposed. |
871 | Section 24. Section 319.14, Florida Statutes, is amended |
872 | to read: |
873 | 319.14 Sale of motor vehicles registered or used as |
874 | taxicabs, police vehicles, lease vehicles, or rebuilt vehicles, |
875 | and nonconforming vehicles, custom vehicles, or street rod |
876 | vehicles.- |
877 | (1)(a) A No person may not shall knowingly offer for sale, |
878 | sell, or exchange any vehicle that has been licensed, |
879 | registered, or used as a taxicab, police vehicle, or short-term- |
880 | lease vehicle, or a vehicle that has been repurchased by a |
881 | manufacturer pursuant to a settlement, determination, or |
882 | decision under chapter 681, until the department has stamped in |
883 | a conspicuous place on the certificate of title of the vehicle, |
884 | or its duplicate, words stating the nature of the previous use |
885 | of the vehicle or the title has been stamped "Manufacturer's Buy |
886 | Back" to reflect that the vehicle is a nonconforming vehicle. If |
887 | the certificate of title or duplicate was not so stamped upon |
888 | initial issuance thereof or if, subsequent to initial issuance |
889 | of the title, the use of the vehicle is changed to a use |
890 | requiring the notation provided for in this section, the owner |
891 | or lienholder of the vehicle shall surrender the certificate of |
892 | title or duplicate to the department before prior to offering |
893 | the vehicle for sale, and the department shall stamp the |
894 | certificate or duplicate as required herein. If When a vehicle |
895 | has been repurchased by a manufacturer pursuant to a settlement, |
896 | determination, or decision under chapter 681, the title shall be |
897 | stamped "Manufacturer's Buy Back" to reflect that the vehicle is |
898 | a nonconforming vehicle. |
899 | (b) A No person may not shall knowingly offer for sale, |
900 | sell, or exchange a rebuilt vehicle until the department has |
901 | stamped in a conspicuous place on the certificate of title for |
902 | the vehicle words stating that the vehicle has been rebuilt or |
903 | assembled from parts, or is a kit car, glider kit, replica, or |
904 | flood vehicle, custom vehicle, or street rod vehicle unless |
905 | proper application for a certificate of title for a vehicle that |
906 | is rebuilt or assembled from parts, or is a kit car, glider kit, |
907 | replica, or flood vehicle, custom vehicle, or street rod vehicle |
908 | has been made to the department in accordance with this chapter |
909 | and the department has conducted the physical examination of the |
910 | vehicle to assure the identity of the vehicle and all major |
911 | component parts, as defined in s. 319.30(1), which have been |
912 | repaired or replaced. Thereafter, the department shall affix a |
913 | decal to the vehicle, in the manner prescribed by the |
914 | department, showing the vehicle to be rebuilt. A vehicle may not |
915 | be inspected or issued a rebuilt title until all major component |
916 | parts, as defined in s. 319.30, which were damaged have been |
917 | repaired or replaced. |
918 | (c) As used in this section, the term: |
919 | 1. "Police vehicle" means a motor vehicle owned or leased |
920 | by the state or a county or municipality and used in law |
921 | enforcement. |
922 | 2.a. "Short-term-lease vehicle" means a motor vehicle |
923 | leased without a driver and under a written agreement to one or |
924 | more persons from time to time for a period of less than 12 |
925 | months. |
926 | b. "Long-term-lease vehicle" means a motor vehicle leased |
927 | without a driver and under a written agreement to one person for |
928 | a period of 12 months or longer. |
929 | c. "Lease vehicle" includes both short-term-lease vehicles |
930 | and long-term-lease vehicles. |
931 | 3. "Rebuilt vehicle" means a motor vehicle or mobile home |
932 | built from salvage or junk, as defined in s. 319.30(1). |
933 | 4. "Assembled from parts" means a motor vehicle or mobile |
934 | home assembled from parts or combined from parts of motor |
935 | vehicles or mobile homes, new or used. "Assembled from parts" |
936 | does not mean a motor vehicle defined as a "rebuilt vehicle" in |
937 | subparagraph 3., which has been declared a total loss pursuant |
938 | to s. 319.30. |
939 | 5. "Kit car" means a motor vehicle assembled with a kit |
940 | supplied by a manufacturer to rebuild a wrecked or outdated |
941 | motor vehicle with a new body kit. |
942 | 6. "Glider kit" means a vehicle assembled with a kit |
943 | supplied by a manufacturer to rebuild a wrecked or outdated |
944 | truck or truck tractor. |
945 | 7. "Replica" means a complete new motor vehicle |
946 | manufactured to look like an old vehicle. |
947 | 8. "Flood vehicle" means a motor vehicle or mobile home |
948 | that has been declared to be a total loss pursuant to s. |
949 | 319.30(3)(a) resulting from damage caused by water. |
950 | 9. "Nonconforming vehicle" means a motor vehicle which has |
951 | been purchased by a manufacturer pursuant to a settlement, |
952 | determination, or decision under chapter 681. |
953 | 10. "Settlement" means an agreement entered into between a |
954 | manufacturer and a consumer that occurs after a dispute is |
955 | submitted to a program, or an informal dispute settlement |
956 | procedure established by a manufacturer or is approved for |
957 | arbitration before the New Motor Vehicle Arbitration Board as |
958 | defined in s. 681.102. |
959 | 11. "Custom vehicle" means a motor vehicle that: |
960 | a. Is 25 years of age or older and of a model year after |
961 | 1948, or was manufactured to resemble a vehicle that is 25 years |
962 | of age or older and of a model year after 1948; and |
963 | b. Has been altered from the manufacturer's original |
964 | design or has a body constructed from nonoriginal materials. |
965 |
|
966 | The model year and year of manufacture which the body of a |
967 | custom vehicle resembles is the model year and year of |
968 | manufacture listed on the certificate of title, regardless of |
969 | when the vehicle was actually manufactured. |
970 | 12. "Street rod" means a motor vehicle that: |
971 | a. Is a model year of 1948 or older or was manufactured |
972 | after 1948 to resemble a vehicle of a model year of 1948 or |
973 | older; and |
974 | b. Has been altered from the manufacturer's original |
975 | design or has a body constructed from nonoriginal materials. |
976 |
|
977 | The model year and year of manufacture which the body of a |
978 | street rod resembles is the model year and year of manufacture |
979 | listed on the certificate of title, regardless of when the |
980 | vehicle was actually manufactured. |
981 | (2) A No person may not shall knowingly sell, exchange, or |
982 | transfer a vehicle referred to in subsection (1) without, before |
983 | prior to consummating the sale, exchange, or transfer, |
984 | disclosing in writing to the purchaser, customer, or transferee |
985 | the fact that the vehicle has previously been titled, |
986 | registered, or used as a taxicab, police vehicle, or short-term- |
987 | lease vehicle, or is a vehicle that is rebuilt or assembled from |
988 | parts, or is a kit car, glider kit, replica, or flood vehicle, |
989 | or is a nonconforming vehicle, custom vehicle, or street rod |
990 | vehicle, as the case may be. |
991 | (3) Any person who, with intent to offer for sale or |
992 | exchange any vehicle referred to in subsection (1), knowingly or |
993 | intentionally advertises, publishes, disseminates, circulates, |
994 | or places before the public in any communications medium, |
995 | whether directly or indirectly, any offer to sell or exchange |
996 | the vehicle shall clearly and precisely state in each such offer |
997 | that the vehicle has previously been titled, registered, or used |
998 | as a taxicab, police vehicle, or short-term-lease vehicle or |
999 | that the vehicle or mobile home is a vehicle that is rebuilt or |
1000 | assembled from parts, or is a kit car, glider kit, replica, or |
1001 | flood vehicle, or is a nonconforming vehicle, custom vehicle, or |
1002 | street rod vehicle, as the case may be. Any person who violates |
1003 | this subsection commits a misdemeanor of the second degree, |
1004 | punishable as provided in s. 775.082 or s. 775.083. |
1005 | (4) If When a certificate of title, including a foreign |
1006 | certificate, is branded to reflect a condition or prior use of |
1007 | the titled vehicle, the brand must be noted on the registration |
1008 | certificate of the vehicle and such brand shall be carried |
1009 | forward on all subsequent certificates of title and registration |
1010 | certificates issued for the life of the vehicle. |
1011 | (5) Any person who knowingly sells, exchanges, or offers |
1012 | to sell or exchange a motor vehicle or mobile home contrary to |
1013 | the provisions of this section or any officer, agent, or |
1014 | employee of a person who knowingly authorizes, directs, aids in, |
1015 | or consents to the sale, exchange, or offer to sell or exchange |
1016 | a motor vehicle or mobile home contrary to the provisions of |
1017 | this section commits a misdemeanor of the second degree, |
1018 | punishable as provided in s. 775.082 or s. 775.083. |
1019 | (6) Any person who removes a rebuilt decal from a rebuilt |
1020 | vehicle with the intent to conceal the rebuilt status of the |
1021 | vehicle commits a felony of the third degree, punishable as |
1022 | provided in s. 775.082, s. 775.083, or s. 775.084. |
1023 | (7) This section applies to a mobile home, travel trailer, |
1024 | camping trailer, truck camper, or fifth-wheel recreation trailer |
1025 | only when the such mobile home or vehicle is a rebuilt vehicle |
1026 | or is assembled from parts. |
1027 | (8) A No person is not shall be liable or accountable in |
1028 | any civil action arising out of a violation of this section if |
1029 | the designation of the previous use or condition of the motor |
1030 | vehicle is not noted on the certificate of title and |
1031 | registration certificate of the vehicle which was received by, |
1032 | or delivered to, such person, unless the such person has |
1033 | actively concealed the prior use or condition of the vehicle |
1034 | from the purchaser. |
1035 | (9) Subsections (1), (2), and (3) do not apply to the |
1036 | transfer of ownership of a motor vehicle after the motor vehicle |
1037 | has ceased to be used as a lease vehicle and the ownership has |
1038 | been transferred to an owner for private use or to the transfer |
1039 | of ownership of a nonconforming vehicle with 36,000 or more |
1040 | miles on its odometer, or 34 months whichever is later and the |
1041 | ownership has been transferred to an owner for private use. Such |
1042 | owner, as shown on the title certificate, may request the |
1043 | department to issue a corrected certificate of title that does |
1044 | not contain the statement of the previous use of the vehicle as |
1045 | a lease vehicle or condition as a nonconforming vehicle. |
1046 | Section 25. Section 319.225, Florida Statutes, is amended |
1047 | to read: |
1048 | 319.225 Transfer and reassignment forms; odometer |
1049 | disclosure statements.- |
1050 | (1) Every certificate of title issued by the department |
1051 | must contain the following statement on its reverse side: |
1052 | "Federal and state law require the completion of the odometer |
1053 | statement set out below. Failure to complete or providing false |
1054 | information may result in fines, imprisonment, or both." |
1055 | (2) Each certificate of title issued by the department |
1056 | must contain on its reverse side a form for transfer of title by |
1057 | the titleholder of record, which form must contain an odometer |
1058 | disclosure statement in the form required by 49 C.F.R. s. 580.5. |
1059 | (3) Each certificate of title issued by the department |
1060 | must contain on its reverse side as many forms as space allows |
1061 | for reassignment of title by a licensed dealer as permitted by |
1062 | s. 319.21(3), which form or forms shall contain an odometer |
1063 | disclosure statement in the form required by 49 C.F.R. s. 580.5. |
1064 | When all dealer reassignment forms provided on the back of the |
1065 | title certificate have been filled in, a dealer may reassign the |
1066 | title certificate by using a separate dealer reassignment form |
1067 | issued by the department in compliance with 49 C.F.R. ss. 580.4 |
1068 | and 580.5, which form shall contain an original, two carbon |
1069 | copies one of which shall be submitted directly to the |
1070 | department by the dealer within 5 business days after the |
1071 | transfer and a copy, one of which shall be retained by the |
1072 | dealer in his or her records for 5 years. The provisions of this |
1073 | subsection shall also apply to vehicles not previously titled in |
1074 | this state and vehicles whose title certificates do not contain |
1075 | the forms required by this section. |
1076 | (4) Upon transfer or reassignment of a certificate of |
1077 | title to a used motor vehicle, the transferor shall complete the |
1078 | odometer disclosure statement provided for by this section and |
1079 | the transferee shall acknowledge the disclosure by signing and |
1080 | printing his or her name in the spaces provided. This subsection |
1081 | does not apply to a vehicle that has a gross vehicle rating of |
1082 | more than 16,000 pounds, a vehicle that is not self-propelled, |
1083 | or a vehicle that is 10 years old or older. A lessor who |
1084 | transfers title to his or her vehicle without obtaining |
1085 | possession of the vehicle shall make odometer disclosure as |
1086 | provided by 49 C.F.R. s. 580.7. Any person who fails to complete |
1087 | or acknowledge a disclosure statement as required by this |
1088 | subsection commits is guilty of a misdemeanor of the second |
1089 | degree, punishable as provided in s. 775.082 or s. 775.083. The |
1090 | department may not issue a certificate of title unless this |
1091 | subsection has been complied with. |
1092 | (5) The same person may not sign a disclosure statement as |
1093 | both the transferor and the transferee in the same transaction |
1094 | except as provided in subsection (6). |
1095 | (6)(a) If the certificate of title is physically held by a |
1096 | lienholder, the transferor may give a power of attorney to his |
1097 | or her transferee for the purpose of odometer disclosure. The |
1098 | power of attorney must be on a form issued or authorized by the |
1099 | department, which form must be in compliance with 49 C.F.R. ss. |
1100 | 580.4 and 580.13. The department shall not require the signature |
1101 | of the transferor to be notarized on the form; however, in lieu |
1102 | of notarization, the form shall include an affidavit with the |
1103 | following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I |
1104 | HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT |
1105 | ARE TRUE. The transferee shall sign the power of attorney form, |
1106 | print his or her name, and return a copy of the power of |
1107 | attorney form to the transferor. Upon receipt of a title |
1108 | certificate, the transferee shall complete the space for mileage |
1109 | disclosure on the title certificate exactly as the mileage was |
1110 | disclosed by the transferor on the power of attorney form. If |
1111 | the transferee is a licensed motor vehicle dealer who is |
1112 | transferring the vehicle to a retail purchaser, the dealer shall |
1113 | make application on behalf of the retail purchaser as provided |
1114 | in s. 319.23(6) and shall submit the original power of attorney |
1115 | form to the department with the application for title and the |
1116 | transferor's title certificate; otherwise, a dealer may reassign |
1117 | the title certificate by using the dealer reassignment form in |
1118 | the manner prescribed in subsection (3), and, at the time of |
1119 | physical transfer of the vehicle, the original power of attorney |
1120 | shall be delivered to the person designated as the transferee of |
1121 | the dealer on the dealer reassignment form. A copy of the |
1122 | executed power of attorney shall be submitted to the department |
1123 | with a copy of the executed dealer reassignment form within 5 |
1124 | business days after the certificate of title and dealer |
1125 | reassignment form are delivered by the dealer to its transferee. |
1126 | (b) If the certificate of title is lost or otherwise |
1127 | unavailable, the transferor may give a power of attorney to his |
1128 | or her transferee for the purpose of odometer disclosure. The |
1129 | power of attorney must be on a form issued or authorized by the |
1130 | department, which form must be in compliance with 49 C.F.R. ss. |
1131 | 580.4 and 580.13. The department shall not require the signature |
1132 | of the transferor to be notarized on the form; however, in lieu |
1133 | of notarization, the form shall include an affidavit with the |
1134 | following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I |
1135 | HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT |
1136 | ARE TRUE. The transferee shall sign the power of attorney form, |
1137 | print his or her name, and return a copy of the power of |
1138 | attorney form to the transferor. Upon receipt of the title |
1139 | certificate or a duplicate title certificate, the transferee |
1140 | shall complete the space for mileage disclosure on the title |
1141 | certificate exactly as the mileage was disclosed by the |
1142 | transferor on the power of attorney form. If the transferee is a |
1143 | licensed motor vehicle dealer who is transferring the vehicle to |
1144 | a retail purchaser, the dealer shall make application on behalf |
1145 | of the retail purchaser as provided in s. 319.23(6) and shall |
1146 | submit the original power of attorney form to the department |
1147 | with the application for title and the transferor's title |
1148 | certificate or duplicate title certificate; otherwise, a dealer |
1149 | may reassign the title certificate by using the dealer |
1150 | reassignment form in the manner prescribed in subsection (3), |
1151 | and, at the time of physical transfer of the vehicle, the |
1152 | original power of attorney shall be delivered to the person |
1153 | designated as the transferee of the dealer on the dealer |
1154 | reassignment form. If the dealer sells the vehicle to an out-of- |
1155 | state resident or an out-of-state dealer and the power of |
1156 | attorney form is applicable to the transaction, the dealer must |
1157 | photocopy the completed original of the form and mail it |
1158 | directly to the department within 5 business days after the |
1159 | certificate of title and dealer reassignment form are delivered |
1160 | by the dealer to the purchaser. A copy of the executed power of |
1161 | attorney shall be submitted to the department with a copy of the |
1162 | executed dealer reassignment form within 5 business days after |
1163 | the duplicate certificate of title and dealer reassignment form |
1164 | are delivered by the dealer to its transferee. |
1165 | (c) If the mechanics of the transfer of title to a motor |
1166 | vehicle in accordance with the provisions of paragraph (a) or |
1167 | paragraph (b) are determined to be incompatible with and |
1168 | unlawful under the provisions of 49 C.F.R. part 580, the |
1169 | transfer of title to a motor vehicle by operation of this |
1170 | subsection can be effected in any manner not inconsistent with |
1171 | 49 C.F.R. part 580 and Florida law; provided, any power of |
1172 | attorney form issued or authorized by the department under this |
1173 | subsection shall contain an original, two carbon copies, one of |
1174 | which shall be submitted directly to the department by the |
1175 | dealer within 5 business days of use by the dealer to effect |
1176 | transfer of a title certificate as provided in paragraphs (a) |
1177 | and (b) and a copy, one of which shall be retained by the dealer |
1178 | in its records for 5 years. |
1179 | (d) Any person who fails to complete the information |
1180 | required by this subsection or to file with the department the |
1181 | forms required by this subsection commits is guilty of a |
1182 | misdemeanor of the second degree, punishable as provided in s. |
1183 | 775.082 or s. 775.083. The department shall not issue a |
1184 | certificate of title unless this subsection has been complied |
1185 | with. |
1186 | (7) Subject to approval by the National Highway Traffic |
1187 | Safety Administration or any other applicable authority, if a |
1188 | title is held electronically and the transferee agrees to |
1189 | maintain the title electronically, the transferor and transferee |
1190 | shall complete a secure reassignment document that discloses the |
1191 | odometer reading and is signed by both the transferor and |
1192 | transferee at the tax collector's office or license plate |
1193 | agency. A dealer acquiring a motor vehicle that has an |
1194 | electronic title shall use a secure reassignment document signed |
1195 | by the person from whom the dealer acquired the motor vehicle. |
1196 | Upon transferring the motor vehicle to a purchaser, a separate |
1197 | reassignment document shall be executed. |
1198 | (8)(7) Each certificate of title issued by the department |
1199 | must contain on its reverse side a minimum of three four spaces |
1200 | for notation of the name and license number of any auction |
1201 | through which the vehicle is sold and the date the vehicle was |
1202 | auctioned. Each separate dealer reassignment form issued by the |
1203 | department must also have the space referred to in this section. |
1204 | When a transfer of title is made at a motor vehicle auction, the |
1205 | reassignment must note the name and address of the auction, but |
1206 | the auction shall not thereby be deemed to be the owner, seller, |
1207 | transferor, or assignor of title. A motor vehicle auction is |
1208 | required to execute a dealer reassignment only when it is the |
1209 | owner of a vehicle being sold. |
1210 | (9)(8) Upon transfer or reassignment of a used motor |
1211 | vehicle through the services of an auction, the auction shall |
1212 | complete the information in the space provided for by subsection |
1213 | (8) (7). Any person who fails to complete the information as |
1214 | required by this subsection commits is guilty of a misdemeanor |
1215 | of the second degree, punishable as provided in s. 775.082 or s. |
1216 | 775.083. The department shall not issue a certificate of title |
1217 | unless this subsection has been complied with. |
1218 | (10)(9) This section shall be construed to conform to 49 |
1219 | C.F.R. part 580. |
1220 | Section 26. Subsection (6) of section 319.23, Florida |
1221 | Statutes, is amended, present subsections (7) through (11) of |
1222 | that section are renumbered as subsections (8) through (12), |
1223 | respectively, and a new subsection (7) is added to that |
1224 | section, to read: |
1225 | 319.23 Application for, and issuance of, certificate of |
1226 | title.- |
1227 | (6)(a) In the case of the sale of a motor vehicle or |
1228 | mobile home by a licensed dealer to a general purchaser, the |
1229 | certificate of title must be obtained in the name of the |
1230 | purchaser by the dealer upon application signed by the |
1231 | purchaser, and in each other case such certificate must be |
1232 | obtained by the purchaser. In each case of transfer of a motor |
1233 | vehicle or mobile home, the application for a certificate of |
1234 | title, a corrected certificate, or an assignment or reassignment |
1235 | must be filed within 30 days after the delivery of the motor |
1236 | vehicle or from consummation of the sale of a mobile home to the |
1237 | purchaser. An applicant must pay a fee of $20, in addition to |
1238 | all other fees and penalties required by law, for failing to |
1239 | file such application within the specified time. In the case of |
1240 | the sale of a motor vehicle by a licensed motor vehicle dealer |
1241 | to a general purchaser who resides in another state or country, |
1242 | the dealer is not required to apply for a certificate of title |
1243 | for the motor vehicle; however, the dealer must transfer |
1244 | ownership and reassign the certificate of title or |
1245 | manufacturer's certificate of origin to the purchaser, and the |
1246 | purchaser must sign an affidavit, as approved by the department, |
1247 | that the purchaser will title and register the motor vehicle in |
1248 | another state or country. |
1249 | (b) If a licensed dealer acquires a motor vehicle or |
1250 | mobile home as a trade-in, the dealer must file with the |
1251 | department, within 30 days, a notice of sale signed by the |
1252 | seller. The department shall update its database for that title |
1253 | record to indicate "sold." A licensed dealer need not apply for |
1254 | a certificate of title for any motor vehicle or mobile home in |
1255 | stock acquired for stock purposes except as provided in s. |
1256 | 319.225. |
1257 | (7) If an applicant for a certificate of title is unable |
1258 | to provide the department with a certificate of title that |
1259 | assigns the prior owner's interest in the motor vehicle, the |
1260 | department may accept a bond in the form prescribed by the |
1261 | department, along with an affidavit in a form prescribed by the |
1262 | department, which includes verification of the vehicle |
1263 | identification number and an application for title. |
1264 | (a) The bond must be: |
1265 | 1. In a form prescribed by the department; |
1266 | 2. Executed by the applicant; |
1267 | 3. Issued by a person authorized to conduct a surety |
1268 | business in this state; |
1269 | 4. In an amount equal to two times the value of the |
1270 | vehicle as determined by the department; and |
1271 | 5. Conditioned to indemnify all prior owners and |
1272 | lienholders and all subsequent purchasers of the vehicle or |
1273 | persons who acquire a security interest in the vehicle, and |
1274 | their successors in interest, against any expense, loss, or |
1275 | damage, including reasonable attorney's fees, occurring because |
1276 | of the issuance of the certificate of title for the vehicle or |
1277 | for a defect in or undisclosed security interest on the right, |
1278 | title, or interest of the applicant to the vehicle. |
1279 | (b) An interested person has a right to recover on the |
1280 | bond for a breach of the bond's condition. The aggregate |
1281 | liability of the surety to all persons may not exceed the amount |
1282 | of the bond. |
1283 | (c) A bond under this subsection expires on the third |
1284 | anniversary of the date the bond became effective. |
1285 | (d) The affidavit must: |
1286 | 1. Be in a form prescribed by the department; |
1287 | 2. Include the facts and circumstances through which the |
1288 | applicant acquired ownership and possession of the motor |
1289 | vehicle; |
1290 | 3. Disclose that no security interests, liens, or |
1291 | encumbrances against the motor vehicle are known to the |
1292 | applicant against the motor vehicle; and |
1293 | 4. State that the applicant has the right to have a |
1294 | certificate of title issued. |
1295 | Section 27. Paragraph (b) of subsection (2) of section |
1296 | 319.28, Florida Statutes, is amended to read: |
1297 | 319.28 Transfer of ownership by operation of law.- |
1298 | (2) |
1299 | (b) In case of repossession of a motor vehicle or mobile |
1300 | home pursuant to the terms of a security agreement or similar |
1301 | instrument, an affidavit by the party to whom possession has |
1302 | passed stating that the vehicle or mobile home was repossessed |
1303 | upon default in the terms of the security agreement or other |
1304 | instrument shall be considered satisfactory proof of ownership |
1305 | and right of possession. At least 5 days before prior to selling |
1306 | the repossessed vehicle, any subsequent lienholder named in the |
1307 | last issued certificate of title shall be sent notice of the |
1308 | repossession by certified mail, on a form prescribed by the |
1309 | department. If such notice is given and no written protest to |
1310 | the department is presented by a subsequent lienholder within 15 |
1311 | days after from the date on which the notice was mailed, the |
1312 | certificate of title or the certificate of repossession shall be |
1313 | issued showing no liens. If the former owner or any subsequent |
1314 | lienholder files a written protest under oath within such 15-day |
1315 | period, the department shall not issue the certificate of title |
1316 | or certificate of repossession for 10 days thereafter. If within |
1317 | the 10-day period no injunction or other order of a court of |
1318 | competent jurisdiction has been served on the department |
1319 | commanding it not to deliver the certificate of title or |
1320 | certificate of repossession, the department shall deliver the |
1321 | certificate of title or repossession to the applicant or as may |
1322 | otherwise be directed in the application showing no other liens |
1323 | than those shown in the application. Any lienholder who has |
1324 | repossessed a vehicle in this state in compliance with the |
1325 | provisions of this section must apply to a tax collector's |
1326 | office in this state or to the department for a certificate of |
1327 | repossession or to the department for a certificate of title |
1328 | pursuant to s. 319.323. Proof of the required notice to |
1329 | subsequent lienholders shall be submitted together with regular |
1330 | title fees. A lienholder to whom a certificate of repossession |
1331 | has been issued may assign the certificate of title to the |
1332 | subsequent owner. Any person who violates found guilty of |
1333 | violating any requirements of this paragraph commits shall be |
1334 | guilty of a felony of the third degree, punishable as provided |
1335 | in s. 775.082, s. 775.083, or s. 775.084. |
1336 | Section 28. Section 319.323, Florida Statutes, is amended |
1337 | to read: |
1338 | 319.323 Expedited service; applications; fees.-The |
1339 | department shall establish a separate title office which may be |
1340 | used by private citizens and licensed motor vehicle dealers to |
1341 | receive expedited service on title transfers, title issuances, |
1342 | duplicate titles, and recordation of liens, and certificates of |
1343 | repossession. A fee of $10 shall be charged for this service, |
1344 | which fee is in addition to the fees imposed by s. 319.32. The |
1345 | fee, after deducting the amount referenced by s. 319.324 and |
1346 | $3.50 to be retained by the processing agency, shall be |
1347 | deposited into the General Revenue Fund. Application for |
1348 | expedited service may be made by mail or in person. The |
1349 | department shall issue each title applied for under this section |
1350 | within 5 working days after receipt of the application except |
1351 | for an application for a duplicate title certificate covered by |
1352 | s. 319.23(4), in which case the title must be issued within 5 |
1353 | working days after compliance with the department's verification |
1354 | requirements. |
1355 | Section 29. Section 319.40, Florida Statutes, is amended |
1356 | to read: |
1357 | 319.40 Transactions by electronic or telephonic means.- |
1358 | (1) The department may is authorized to accept any |
1359 | application provided for under this chapter by electronic or |
1360 | telephonic means. |
1361 | (2) The department may issue an electronic certificate of |
1362 | title in lieu of printing a paper title. |
1363 | (3) The department may collect and use electronic mail |
1364 | addresses as a notification method in lieu of the United States |
1365 | Postal Service, except for any notice regarding the potential |
1366 | forfeiture or foreclosure of an interest in property. |
1367 | Section 30. Paragraph (a) of subsection (1) of section |
1368 | 320.01, Florida Statutes, is amended, present subsections (24) |
1369 | through (45) are renumbered as subsections (23) through (44), |
1370 | respectively, present subsections (23), (25), and (26) are |
1371 | amended, and a new subsection (45) is added to that section, to |
1372 | read: |
1373 | 320.01 Definitions, general.-As used in the Florida |
1374 | Statutes, except as otherwise provided, the term: |
1375 | (1) "Motor vehicle" means: |
1376 | (a) An automobile, motorcycle, truck, trailer, |
1377 | semitrailer, truck tractor and semitrailer combination, or any |
1378 | other vehicle operated on the roads of this state, used to |
1379 | transport persons or property, and propelled by power other than |
1380 | muscular power, but the term does not include traction engines, |
1381 | road rollers, special mobile equipment as defined in chapter |
1382 | 316, such vehicles as run only upon a track, bicycles, swamp |
1383 | buggies, or mopeds. |
1384 | (23) "Apportioned motor vehicle" means any motor vehicle |
1385 | which is required to be registered, or with respect to which an |
1386 | election has been made to register it, under the International |
1387 | Registration Plan. |
1388 | (24)(25) "Apportionable vehicle" means any vehicle, except |
1389 | recreational vehicles, vehicles displaying restricted plates, |
1390 | city pickup and delivery vehicles, buses used in transportation |
1391 | of chartered parties, and government-owned vehicles, which is |
1392 | used or intended for use in two or more member jurisdictions |
1393 | that allocate or proportionally register vehicles and which is |
1394 | used for the transportation of persons for hire or is designed, |
1395 | used, or maintained primarily for the transportation of property |
1396 | and: |
1397 | (a) Is a power unit having a gross vehicle weight in |
1398 | excess of 26,000 26,001 pounds; |
1399 | (b) Is a power unit having three or more axles, regardless |
1400 | of weight; or |
1401 | (c) Is used in combination, when the weight of such |
1402 | combination exceeds 26,000 26,001 pounds gross vehicle weight. |
1403 |
|
1404 | Vehicles, or combinations thereof, having a gross vehicle weight |
1405 | of 26,000 26,001 pounds or less and two-axle vehicles may be |
1406 | proportionally registered. |
1407 | (25)(26) "Commercial motor vehicle" means any vehicle that |
1408 | which is not owned or operated by a governmental entity, that |
1409 | which uses special fuel or motor fuel on the public highways, |
1410 | and that which has a gross vehicle weight of 26,001 pounds or |
1411 | more, or has three or more axles regardless of weight, or is |
1412 | used in combination when the weight of such combination exceeds |
1413 | 26,000 26,001 pounds gross vehicle weight. A vehicle that |
1414 | occasionally transports personal property to and from a closed- |
1415 | course motorsport facility, as defined in s. 549.09(1)(a), is |
1416 | not a commercial motor vehicle if the use is not for profit and |
1417 | corporate sponsorship is not involved. As used in this |
1418 | subsection, the term "corporate sponsorship" means a payment, |
1419 | donation, gratuity, in-kind service, or other benefit provided |
1420 | to or derived by a person in relation to the underlying |
1421 | activity, other than the display of product or corporate names, |
1422 | logos, or other graphic information on the property being |
1423 | transported. |
1424 | (45) SWAMP BUGGY.-A motorized off-road vehicle designed to |
1425 | travel over swampy terrain, which may utilize large tires or |
1426 | tracks operated from an elevated platform, and may be used upon |
1427 | varied terrain. A swamp buggy does not include any vehicle |
1428 | defined in chapter 261 or otherwise defined or classified in |
1429 | this chapter. A swamp buggy may not be operated upon the public |
1430 | roads, streets, or highways of this state, except to the extent |
1431 | specifically authorized by a state or federal agency to be used |
1432 | exclusively upon lands, managed, owned, or leased by that |
1433 | agency. |
1434 | Section 31. Subsection (2) of section 320.02, Florida |
1435 | Statutes, is amended, paragraphs (o), (p), (q), and (r) are |
1436 | added to subsection (15), and subsections (18) and (19) are |
1437 | added to that section, to read: |
1438 | 320.02 Registration required; application for |
1439 | registration; forms.- |
1440 | (2)(a) The application for registration shall include the |
1441 | street address of the owner's permanent residence or the address |
1442 | of his or her permanent place of business and shall be |
1443 | accompanied by personal or business identification information |
1444 | which may include, but need not be limited to, a driver's |
1445 | license number, Florida identification card number, or federal |
1446 | employer identification number. If the owner does not have a |
1447 | permanent residence or permanent place of business or if the |
1448 | owner's permanent residence or permanent place of business |
1449 | cannot be identified by a street address, the application shall |
1450 | include: |
1451 | 1. If the vehicle is registered to a business, the name |
1452 | and street address of the permanent residence of an owner of the |
1453 | business, an officer of the corporation, or an employee who is |
1454 | in a supervisory position. |
1455 | 2. If the vehicle is registered to an individual, the name |
1456 | and street address of the permanent residence of a close |
1457 | relative or friend who is a resident of this state. |
1458 |
|
1459 | If the vehicle is registered to an active-duty military member |
1460 | who is a Florida resident, the member is exempt from the |
1461 | requirement to provide a Florida residential address. |
1462 | (b) The department shall prescribe a form upon which motor |
1463 | vehicle owners may record odometer readings when registering |
1464 | their motor vehicles. |
1465 | (15) |
1466 | (o) The application form for motor vehicle registration |
1467 | and renewal registration must include language permitting the |
1468 | voluntary contribution of $1 to End Hunger in Florida. The |
1469 | proceeds shall be distributed monthly by the department to the |
1470 | Florida Association of Food Banks, Inc., a corporation not for |
1471 | profit under s. 501(c)(3) of the Internal Revenue Code. The |
1472 | funds shall be used by the organization for the purpose of |
1473 | ending hunger in Florida. |
1474 | (p) The application form for motor vehicle registration |
1475 | and renewal of registration must include language permitting a |
1476 | voluntary contribution of $1 to Take Stock In Children. Such |
1477 | contributions shall be transferred by the department each month |
1478 | to Take Stock In Children, Inc. |
1479 | (q) The application form for motor vehicle registration |
1480 | and renewal of registration must include language permitting a |
1481 | voluntary contribution of $1 per applicant for Autism Services |
1482 | and Supports. Such contributions must be transferred by the |
1483 | department each month to the Achievement and Rehabilitation |
1484 | Centers, Inc., Autism Services Fund. |
1485 | (r) The application form for motor vehicle registration |
1486 | and renewal of registration must include language permitting a |
1487 | voluntary contribution of $1 to Support Our Troops, which shall |
1488 | be distributed monthly to Support Our Troops, Inc., a Florida |
1489 | not-for-profit organization. |
1490 |
|
1491 | For the purpose of applying the service charge provided in s. |
1492 | 215.20, contributions received under this subsection are not |
1493 | income of a revenue nature. |
1494 | (18) Notwithstanding subsections (8), (14), and (15), the |
1495 | department and the tax collectors acting as agents for the |
1496 | department shall provide a complete list of voluntary |
1497 | contributions authorized by law to customers applying for |
1498 | registration or renewal registration. The renewal application |
1499 | forms must include either a complete list of all authorized |
1500 | voluntary contributions or the department's website address |
1501 | which provides a complete list and information on all authorized |
1502 | voluntary contributions. The department or a tax collector may |
1503 | include on the renewal forms a complete list of authorized |
1504 | voluntary contributions and the department's website address. |
1505 | Customers renewing a registration at either a tax collector's |
1506 | office or a department office shall be provided information on |
1507 | voluntary contribution options. |
1508 | (19) All electronic registration records shall be retained |
1509 | by the department for not less than 10 years. |
1510 | Section 32. Subsections (1) and (3) and paragraph (b) of |
1511 | subsection (4) of section 320.023, Florida Statutes, are amended |
1512 | to read: |
1513 | 320.023 Requests to establish voluntary contribution |
1514 | checkoff on motor vehicle registration application.- |
1515 | (1) An organization that seeks authorization to establish |
1516 | a voluntary contribution on a motor vehicle registration |
1517 | application must submit to the department: |
1518 | (a) A request for the particular voluntary contribution |
1519 | being sought, describing the proposed voluntary contribution in |
1520 | general terms. |
1521 | (b) An application fee, not to exceed $10,000 to defray |
1522 | the department's cost for reviewing the application and |
1523 | developing the voluntary contribution checkoff or website, if |
1524 | authorized. State funds may not be used to pay the application |
1525 | fee. |
1526 | (c) A marketing strategy outlining short-term and long- |
1527 | term marketing plans for the requested voluntary contribution |
1528 | and a financial analysis outlining the anticipated revenues and |
1529 | the planned expenditures of the revenues to be derived from the |
1530 | voluntary contribution. |
1531 |
|
1532 | The information required under this subsection must be submitted |
1533 | to the department at least 90 days before the convening of the |
1534 | next regular session of the Legislature. |
1535 | (3) The department must include any voluntary |
1536 | contributions approved by the Legislature on the motor vehicle |
1537 | application form when the form is reprinted by the agency in |
1538 | accordance with s. 320.02(18). |
1539 | (4) |
1540 | (b) The department is authorized to discontinue the |
1541 | voluntary contribution and distribution of associated proceeds |
1542 | if the organization no longer exists, if the organization has |
1543 | stopped providing services that are authorized to be funded from |
1544 | the voluntary contributions, or pursuant to an organizational |
1545 | recipient's request. Organizations are required to notify the |
1546 | department immediately to stop warrants for voluntary check-off |
1547 | contributions if any of the conditions in this subsection exist, |
1548 | and must meet the requirements of paragraph (5)(b) or paragraph |
1549 | (5)(c), if applicable, for any period of operation during the |
1550 | fiscal year. |
1551 | Section 33. Subsections (7) and (8) of section 320.03, |
1552 | Florida Statutes, are amended to read: |
1553 | 320.03 Registration; duties of tax collectors; |
1554 | International Registration Plan.- |
1555 | (7) The Department of Highway Safety and Motor Vehicles |
1556 | shall register apportionable apportioned motor vehicles under |
1557 | the provisions of the International Registration Plan. The |
1558 | department may adopt rules to implement and enforce the |
1559 | provisions of the plan. |
1560 | (8) If the applicant's name appears on the list referred |
1561 | to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a |
1562 | license plate or revalidation sticker may not be issued until |
1563 | that person's name no longer appears on the list or until the |
1564 | person presents a receipt from the governmental entity or the |
1565 | clerk of court that provided the data showing that the fines |
1566 | outstanding have been paid. This subsection does not apply to |
1567 | the owner of a leased vehicle if the vehicle is registered in |
1568 | the name of the lessee of the vehicle. The tax collector and the |
1569 | clerk of the court are each entitled to receive monthly, as |
1570 | costs for implementing and administering this subsection, 10 |
1571 | percent of the civil penalties and fines recovered from such |
1572 | persons. As used in this subsection, the term "civil penalties |
1573 | and fines" does not include a wrecker operator's lien as |
1574 | described in s. 713.78(13). If the tax collector has private tag |
1575 | agents, such tag agents are entitled to receive a pro rata share |
1576 | of the amount paid to the tax collector, based upon the |
1577 | percentage of license plates and revalidation stickers issued by |
1578 | the tag agent compared to the total issued within the county. |
1579 | The authority of any private agent to issue license plates shall |
1580 | be revoked, after notice and a hearing as provided in chapter |
1581 | 120, if he or she issues any license plate or revalidation |
1582 | sticker contrary to the provisions of this subsection. This |
1583 | section applies only to the annual renewal in the owner's birth |
1584 | month of a motor vehicle registration and does not apply to the |
1585 | transfer of a registration of a motor vehicle sold by a motor |
1586 | vehicle dealer licensed under this chapter, except for the |
1587 | transfer of registrations which is inclusive of the annual |
1588 | renewals. This section does not affect the issuance of the title |
1589 | to a motor vehicle, notwithstanding s. 319.23(8)(7)(b). |
1590 | Section 34. Paragraph (b) of subsection (3) and subsection |
1591 | (5) of section 320.05, Florida Statutes, are amended to read: |
1592 | 320.05 Records of the department; inspection procedure; |
1593 | lists and searches; fees.- |
1594 | (3) |
1595 | (b) Fees therefor shall be charged and collected as |
1596 | follows: |
1597 | 1. For providing lists of motor vehicle or vessel records |
1598 | for the entire state, or any part or parts thereof, divided |
1599 | according to counties, a sum computed at a rate of not less than |
1600 | 1 cent nor more than 5 cents per item. |
1601 | 2. For providing noncertified photographic copies of motor |
1602 | vehicle or vessel documents, $1 per page. |
1603 | 3. For providing noncertified photographic copies of |
1604 | micrographic records, $1 per page. |
1605 | 4. For providing certified copies of motor vehicle or |
1606 | vessel records, $3 per record. |
1607 | 5. For providing noncertified computer-generated printouts |
1608 | of motor vehicle or vessel records, 50 cents per record. |
1609 | 6. For providing certified computer-generated printouts of |
1610 | motor vehicle or vessel records, $3 per record. |
1611 | 7. For providing electronic access to motor vehicle, |
1612 | vessel, and mobile home registration data requested by tag, |
1613 | vehicle identification number, title number, or decal number, 50 |
1614 | cents per item. |
1615 | 8. For providing electronic access to driver's license |
1616 | status report by name, sex, and date of birth or by driver |
1617 | license number, 50 cents per item. |
1618 | 9. For providing lists of licensed mobile home dealers and |
1619 | manufacturers and recreational vehicle dealers and |
1620 | manufacturers, $15 per list. |
1621 | 10. For providing lists of licensed motor vehicle dealers, |
1622 | $25 per list. |
1623 | 11. For each copy of a videotape record, $15 per tape. |
1624 | 12. For each copy of the Division of Motor Vehicles |
1625 | Procedures Manual, $25. |
1626 | (5) The creation and maintenance of records by the |
1627 | Division of Motorist Services within the department and the |
1628 | Division of Motor Vehicles pursuant to this chapter shall not be |
1629 | regarded as law enforcement functions of agency recordkeeping. |
1630 | Section 35. Paragraph (d) is added to subsection (1) of |
1631 | section 320.06, Florida Statutes, to read: |
1632 | 320.06 Registration certificates, license plates, and |
1633 | validation stickers generally.- |
1634 | (1) |
1635 | (d) The department may conduct a pilot program to evaluate |
1636 | designs, concepts, and technologies for alternative license |
1637 | plate technologies. The pilot program shall investigate the |
1638 | feasibility and use of alternative license plate technologies |
1639 | and shall be limited to license plates that are used on |
1640 | government-owned motor vehicles, as defined in s. 320.0655. |
1641 | Government license plates in the pilot program are exempt from |
1642 | current license plate requirements in paragraph (3)(a). |
1643 | Section 36. Section 320.061, Florida Statutes, is amended |
1644 | to read: |
1645 | 320.061 Unlawful to alter motor vehicle registration |
1646 | certificates, temporary license plates, license plates, mobile |
1647 | home stickers, or validation stickers or to obscure license |
1648 | plates; penalty.-No person shall alter the original appearance |
1649 | of any registration license plate, temporary license plate, |
1650 | mobile home sticker, validation sticker, or vehicle registration |
1651 | certificate issued for and assigned to any motor vehicle or |
1652 | mobile home, whether by mutilation, alteration, defacement, or |
1653 | change of color or in any other manner. No person shall apply or |
1654 | attach any substance, reflective matter, illuminated device, |
1655 | spray, coating, covering, or other material onto or around any |
1656 | license plate that interferes with the legibility, angular |
1657 | visibility, or detectability of any feature or detail on the |
1658 | license plate or interferes with the ability to record any |
1659 | feature or detail on the license plate. Any person who violates |
1660 | this section commits a noncriminal traffic infraction, |
1661 | punishable as a moving violation as provided in chapter 318. |
1662 | Section 37. Subsection (1) of section 320.071, Florida |
1663 | Statutes, is amended to read: |
1664 | 320.071 Advance registration renewal; procedures.- |
1665 | (1)(a) The owner of any motor vehicle or mobile home |
1666 | currently registered in this state may file an application for |
1667 | renewal of registration with the department, or its authorized |
1668 | agent in the county wherein the owner resides, any time during |
1669 | the 3 months preceding the date of expiration of the |
1670 | registration period. The registration period may not exceed 27 |
1671 | months. |
1672 | (b) The owner of any apportionable apportioned motor |
1673 | vehicle currently registered in this state under the provisions |
1674 | of the International Registration Plan may file an application |
1675 | for renewal of registration with the department any time during |
1676 | the 3 months preceding the date of expiration of the |
1677 | registration period. |
1678 | Section 38. Subsections (1) and (3) of section 320.0715, |
1679 | Florida Statutes, are amended to read: |
1680 | 320.0715 International Registration Plan; motor carrier |
1681 | services; permits; retention of records.- |
1682 | (1) All apportionable commercial motor vehicles domiciled |
1683 | in this state and engaged in interstate commerce shall be |
1684 | registered in accordance with the provisions of the |
1685 | International Registration Plan and shall display apportioned |
1686 | license plates. |
1687 | (3)(a) If the department is unable to immediately issue |
1688 | the apportioned license plate to an applicant currently |
1689 | registered in this state under the International Registration |
1690 | Plan or to a vehicle currently titled in this state, the |
1691 | department or its designated agent is authorized to issue a 60- |
1692 | day temporary operational permit. The department or agent of the |
1693 | department shall charge a $3 fee and the service charge |
1694 | authorized by s. 320.04 for each temporary operational permit it |
1695 | issues. |
1696 | (b) The department shall in no event issue a temporary |
1697 | operational permit for any apportionable commercial motor |
1698 | vehicle to any applicant until the applicant has shown that: |
1699 | 1. All sales or use taxes due on the registration of the |
1700 | vehicle are paid; and |
1701 | 2. Insurance requirements have been met in accordance with |
1702 | ss. 320.02(5) and 627.7415. |
1703 | (c) Issuance of a temporary operational permit provides |
1704 | commercial motor vehicle registration privileges in each |
1705 | International Registration Plan member jurisdiction designated |
1706 | on said permit and therefore requires payment of all applicable |
1707 | registration fees and taxes due for that period of registration. |
1708 | (d) Application for permanent registration must be made to |
1709 | the department within 10 days following from issuance of a |
1710 | temporary operational permit. Failure to file an application |
1711 | within this 10-day period may result in cancellation of the |
1712 | temporary operational permit. |
1713 | Section 39. Paragraph (d) of subsection (5) of section |
1714 | 320.08, Florida Statutes, is amended to read: |
1715 | 320.08 License taxes.-Except as otherwise provided herein, |
1716 | there are hereby levied and imposed annual license taxes for the |
1717 | operation of motor vehicles, mopeds, motorized bicycles as |
1718 | defined in s. 316.003(2), tri-vehicles as defined in s. 316.003, |
1719 | and mobile homes, as defined in s. 320.01, which shall be paid |
1720 | to and collected by the department or its agent upon the |
1721 | registration or renewal of registration of the following: |
1722 | (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; |
1723 | SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.- |
1724 | (d) A wrecker, as defined in s. 320.01(40), which is used |
1725 | to tow a vessel as defined in s. 327.02(39), a disabled, |
1726 | abandoned, stolen-recovered, or impounded motor vehicle as |
1727 | defined in s. 320.01(38), or a replacement motor vehicle as |
1728 | defined in s. 320.01(39): $41 flat, of which $11 shall be |
1729 | deposited into the General Revenue Fund. |
1730 | Section 40. Paragraph (e) of subsection (4) of section |
1731 | 320.08068, Florida Statutes, is amended to read: |
1732 | 320.08068 Motorcycle specialty license plates.- |
1733 | (4) A license plate annual use fee of $20 shall be |
1734 | collected for each motorcycle specialty license plate. Annual |
1735 | use fees shall be distributed to The Able Trust as custodial |
1736 | agent. The Able Trust may retain a maximum of 10 percent of the |
1737 | proceeds from the sale of the license plate for administrative |
1738 | costs. The Able Trust shall distribute the remaining funds as |
1739 | follows: |
1740 | (e) Twenty percent to the Florida Association of Centers |
1741 | for Independent Living to be used to leverage additional funding |
1742 | and new sources of revenue for the centers for independent |
1743 | living in this state. |
1744 | Section 41. Subsection (1) of section 320.0847, Florida |
1745 | Statutes, is amended to read: |
1746 | 320.0847 Mini truck and low-speed vehicle license plates.- |
1747 | (1) The department shall issue a license plate to the |
1748 | owner or lessee of any vehicle registered as a low-speed vehicle |
1749 | as defined in s. 320.01(42) or a mini truck as defined in s. |
1750 | 320.01(45) upon payment of the appropriate license taxes and |
1751 | fees prescribed in s. 320.08. |
1752 | Section 42. Subsection (4) of section 320.0848, Florida |
1753 | Statutes, is amended to read: |
1754 | 320.0848 Persons who have disabilities; issuance of |
1755 | disabled parking permits; temporary permits; permits for certain |
1756 | providers of transportation services to persons who have |
1757 | disabilities.- |
1758 | (4) From the proceeds of the temporary disabled parking |
1759 | permit fees: |
1760 | (a) The Department of Highway Safety and Motor Vehicles |
1761 | must receive $3.50 for each temporary permit, to be deposited |
1762 | into the Highway Safety Operating Trust Fund and used for |
1763 | implementing the real-time disabled parking permit database and |
1764 | for administering the disabled parking permit program. |
1765 | (b) The tax collector, for processing, must receive $2.50 |
1766 | for each temporary permit. |
1767 | (c) The remainder must be distributed monthly as follows: |
1768 | 1. To the Florida Endowment Foundation for Vocational |
1769 | Rehabilitation, known as "The Able Trust," Florida Governor's |
1770 | Alliance for the Employment of Disabled Citizens for the purpose |
1771 | of improving employment and training opportunities for persons |
1772 | who have disabilities, with special emphasis on removing |
1773 | transportation barriers, $4. These fees must be directly |
1774 | deposited into the Florida Endowment Foundation for Vocational |
1775 | Rehabilitation as established in s. 413.615 Transportation |
1776 | Disadvantaged Trust Fund for transfer to the Florida Governor's |
1777 | Alliance for Employment of Disabled Citizens. |
1778 | 2. To the Transportation Disadvantaged Trust Fund to be |
1779 | used for funding matching grants to counties for the purpose of |
1780 | improving transportation of persons who have disabilities, $5. |
1781 | Section 43. Effective October 1, 2011, subsection (1) of |
1782 | section 320.089, Florida Statutes, is amended to read: |
1783 | 320.089 Members of National Guard and active United States |
1784 | Armed Forces reservists; former prisoners of war; survivors of |
1785 | Pearl Harbor; Purple Heart medal recipients; Operation Iraqi |
1786 | Freedom and Operation Enduring Freedom Veterans; Combat Infantry |
1787 | Badge recipients; special license plates; fee.- |
1788 | (1)(a) Each owner or lessee of an automobile or truck for |
1789 | private use or recreational vehicle as specified in s. |
1790 | 320.08(9)(c) or (d), which is not used for hire or commercial |
1791 | use, who is a resident of the state and an active or retired |
1792 | member of the Florida National Guard, a survivor of the attack |
1793 | on Pearl Harbor, a recipient of the Purple Heart medal, or an |
1794 | active or retired member of any branch of the United States |
1795 | Armed Forces Reserve, or a recipient of the Combat Infantry |
1796 | Badge shall, upon application to the department, accompanied by |
1797 | proof of active membership or retired status in the Florida |
1798 | National Guard, proof of membership in the Pearl Harbor |
1799 | Survivors Association or proof of active military duty in Pearl |
1800 | Harbor on December 7, 1941, proof of being a Purple Heart medal |
1801 | recipient, or proof of active or retired membership in any |
1802 | branch of the Armed Forces Reserve, or proof of membership in |
1803 | the Combat Infantrymen's Association, Inc., or other proof of |
1804 | being a recipient of the Combat Infantry Badge, and upon payment |
1805 | of the license tax for the vehicle as provided in s. 320.08, be |
1806 | issued a license plate as provided by s. 320.06, upon which, in |
1807 | lieu of the serial numbers prescribed by s. 320.06, shall be |
1808 | stamped the words "National Guard," "Pearl Harbor Survivor," |
1809 | "Combat-wounded veteran," or "U.S. Reserve," or "Combat Infantry |
1810 | Badge," as appropriate, followed by the serial number of the |
1811 | license plate. Additionally, the Purple Heart plate may have the |
1812 | words "Purple Heart" stamped on the plate and the likeness of |
1813 | the Purple Heart medal appearing on the plate. |
1814 | (b) Notwithstanding any other provision of law to the |
1815 | contrary, beginning with fiscal year 2002-2003 and annually |
1816 | thereafter, the first $100,000 in general revenue generated from |
1817 | the sale of license plates issued under this section shall be |
1818 | deposited into the Grants and Donations Trust Fund, as described |
1819 | in s. 296.38(2), to be used for the purposes established by law |
1820 | for that trust fund. Any additional general revenue generated |
1821 | from the sale of such plates shall be deposited into the State |
1822 | Homes for Veterans Trust Fund and used solely to construct, |
1823 | operate, and maintain domiciliary and nursing homes for |
1824 | veterans, subject to the requirements of chapter 216. |
1825 | (c) Notwithstanding any provisions of law to the contrary, |
1826 | an applicant for a Pearl Harbor Survivor license plate or a |
1827 | Purple Heart license plate who also qualifies for a disabled |
1828 | veteran's license plate under s. 320.084 shall be issued the |
1829 | appropriate special license plate without payment of the license |
1830 | tax imposed by s. 320.08. |
1831 | Section 44. Subsection (3) of section 320.27, Florida |
1832 | Statutes, is amended to read: |
1833 | 320.27 Motor vehicle dealers.- |
1834 | (3) APPLICATION AND FEE.-The application for the license |
1835 | shall be in such form as may be prescribed by the department and |
1836 | shall be subject to such rules with respect thereto as may be so |
1837 | prescribed by it. Such application shall be verified by oath or |
1838 | affirmation and shall contain a full statement of the name and |
1839 | birth date of the person or persons applying therefor; the name |
1840 | of the firm or copartnership, with the names and places of |
1841 | residence of all members thereof, if such applicant is a firm or |
1842 | copartnership; the names and places of residence of the |
1843 | principal officers, if the applicant is a body corporate or |
1844 | other artificial body; the name of the state under whose laws |
1845 | the corporation is organized; the present and former place or |
1846 | places of residence of the applicant; and prior business in |
1847 | which the applicant has been engaged and the location thereof. |
1848 | Such application shall describe the exact location of the place |
1849 | of business and shall state whether the place of business is |
1850 | owned by the applicant and when acquired, or, if leased, a true |
1851 | copy of the lease shall be attached to the application. The |
1852 | applicant shall certify that the location provides an adequately |
1853 | equipped office and is not a residence; that the location |
1854 | affords sufficient unoccupied space upon and within which |
1855 | adequately to store all motor vehicles offered and displayed for |
1856 | sale; and that the location is a suitable place where the |
1857 | applicant can in good faith carry on such business and keep and |
1858 | maintain books, records, and files necessary to conduct such |
1859 | business, which will be available at all reasonable hours to |
1860 | inspection by the department or any of its inspectors or other |
1861 | employees. The applicant shall certify that the business of a |
1862 | motor vehicle dealer is the principal business which shall be |
1863 | conducted at that location. Such application shall contain a |
1864 | statement that the applicant is either franchised by a |
1865 | manufacturer of motor vehicles, in which case the name of each |
1866 | motor vehicle that the applicant is franchised to sell shall be |
1867 | included, or an independent (nonfranchised) motor vehicle |
1868 | dealer. Such application shall contain such other relevant |
1869 | information as may be required by the department, including |
1870 | evidence that the applicant is insured under a garage liability |
1871 | insurance policy or a general liability insurance policy coupled |
1872 | with a business automobile policy, which shall include, at a |
1873 | minimum, $25,000 combined single-limit liability coverage |
1874 | including bodily injury and property damage protection and |
1875 | $10,000 personal injury protection. A salvage motor vehicle |
1876 | dealer as defined in subparagraph (1)(c)5. is exempt from the |
1877 | requirements for garage liability insurance and personal injury |
1878 | protection. Franchise dealers must submit a garage liability |
1879 | insurance policy, and all other dealers must submit a garage |
1880 | liability insurance policy or a general liability insurance |
1881 | policy coupled with a business automobile policy. Such policy |
1882 | shall be for the license period, and evidence of a new or |
1883 | continued policy shall be delivered to the department at the |
1884 | beginning of each license period. Upon making initial |
1885 | application, the applicant shall pay to the department a fee of |
1886 | $300 in addition to any other fees now required by law; upon |
1887 | making a subsequent renewal application, the applicant shall pay |
1888 | to the department a fee of $75 in addition to any other fees now |
1889 | required by law. Upon making an application for a change of |
1890 | location, the person shall pay a fee of $50 in addition to any |
1891 | other fees now required by law. The department shall, in the |
1892 | case of every application for initial licensure, verify whether |
1893 | certain facts set forth in the application are true. Each |
1894 | applicant, general partner in the case of a partnership, or |
1895 | corporate officer and director in the case of a corporate |
1896 | applicant, must file a set of fingerprints with the department |
1897 | for the purpose of determining any prior criminal record or any |
1898 | outstanding warrants. The department shall submit the |
1899 | fingerprints to the Department of Law Enforcement for state |
1900 | processing and forwarding to the Federal Bureau of Investigation |
1901 | for federal processing. The actual cost of state and federal |
1902 | processing shall be borne by the applicant and is in addition to |
1903 | the fee for licensure. The department may issue a license to an |
1904 | applicant pending the results of the fingerprint investigation, |
1905 | which license is fully revocable if the department subsequently |
1906 | determines that any facts set forth in the application are not |
1907 | true or correctly represented. |
1908 | Section 45. Paragraphs (a) and (b) of subsection (2) of |
1909 | section 320.275, Florida Statutes, are amended to read: |
1910 | 320.275 Automobile Dealers Industry Advisory Board.- |
1911 | (2) MEMBERSHIP, TERMS, MEETINGS.- |
1912 | (a) The board shall be composed of 12 members. The |
1913 | executive director of the Department of Highway Safety and Motor |
1914 | Vehicles shall appoint the members from names submitted by the |
1915 | entities for the designated categories the member will |
1916 | represent. The executive director shall appoint one |
1917 | representative of the Department of Highway Safety and Motor |
1918 | Vehicles, who must represent the Division of Motor Vehicles; two |
1919 | representatives of the independent motor vehicle industry as |
1920 | recommended by the Florida Independent Automobile Dealers |
1921 | Association; two representatives of the franchise motor vehicle |
1922 | industry as recommended by the Florida Automobile Dealers |
1923 | Association; one representative of the auction motor vehicle |
1924 | industry who is from an auction chain and is recommended by a |
1925 | group affiliated with the National Auto Auction Association; one |
1926 | representative of the auction motor vehicle industry who is from |
1927 | an independent auction and is recommended by a group affiliated |
1928 | with the National Auto Auction Association; one representative |
1929 | from the Department of Revenue; a Florida tax collector |
1930 | representative recommended by the Florida Tax Collectors |
1931 | Association; one representative from the Better Business Bureau; |
1932 | one representative from the Department of Agriculture and |
1933 | Consumer Services, who must represent the Division of Consumer |
1934 | Services; and one representative of the insurance industry who |
1935 | writes motor vehicle dealer surety bonds. |
1936 | (b)1. The executive director shall appoint the following |
1937 | initial members to 1-year terms: one representative from the |
1938 | motor vehicle auction industry who represents an auction chain, |
1939 | one representative from the independent motor vehicle industry, |
1940 | one representative from the franchise motor vehicle industry, |
1941 | one representative from the Department of Revenue, one Florida |
1942 | tax collector, and one representative from the Better Business |
1943 | Bureau. |
1944 | 2. The executive director shall appoint the following |
1945 | initial members to 2-year terms: one representative from the |
1946 | motor vehicle auction industry who represents an independent |
1947 | auction, one representative from the independent motor vehicle |
1948 | industry, one representative from the franchise motor vehicle |
1949 | industry, one representative from the Division of Consumer |
1950 | Services, one representative from the insurance industry, and |
1951 | one representative from the department Division of Motor |
1952 | Vehicles. |
1953 | 3. As the initial terms expire, the executive director |
1954 | shall appoint successors from the same designated category for |
1955 | terms of 2 years. If renominated, a member may succeed himself |
1956 | or herself. |
1957 | 4. The board shall appoint a chair and vice chair at its |
1958 | initial meeting and every 2 years thereafter. |
1959 | Section 46. Subsection (1) of section 320.771, Florida |
1960 | Statutes, is amended to read: |
1961 | 320.771 License required of recreational vehicle dealers.- |
1962 | (1) DEFINITIONS.-As used in this section: |
1963 | (a) "Dealer" means any person engaged in the business of |
1964 | buying, selling, or dealing in recreational vehicles or offering |
1965 | or displaying recreational vehicles for sale. The term "dealer" |
1966 | includes a recreational vehicle broker. Any person who buys, |
1967 | sells, deals in, or offers or displays for sale, or who acts as |
1968 | the agent for the sale of, one or more recreational vehicles in |
1969 | any 12-month period shall be prima facie presumed to be a |
1970 | dealer. The terms "selling" and "sale" include lease-purchase |
1971 | transactions. The term "dealer" does not include banks, credit |
1972 | unions, and finance companies that acquire recreational vehicles |
1973 | as an incident to their regular business and does not include |
1974 | mobile home rental and leasing companies that sell recreational |
1975 | vehicles to dealers licensed under this section. A licensed |
1976 | dealer may transact business in recreational vehicles with a |
1977 | motor vehicle auction as defined in s. 320.27(1)(c)4. Further, a |
1978 | licensed dealer may, at retail or wholesale, sell a motor |
1979 | vehicle, as described in s. 320.01(1)(a), acquired in exchange |
1980 | for the sale of a recreational vehicle, if such acquisition is |
1981 | incidental to the principal business of being a recreational |
1982 | vehicle dealer. However, a recreational vehicle dealer may not |
1983 | buy a motor vehicle for the purpose of resale unless licensed as |
1984 | a motor vehicle dealer pursuant to s. 320.27. |
1985 | (b) "Recreational vehicle broker" means any person who is |
1986 | engaged in the business of offering to procure or procuring used |
1987 | recreational vehicles for the general public; who holds himself |
1988 | or herself out through solicitation, advertisement, or otherwise |
1989 | as one who offers to procure or procures used recreational |
1990 | vehicles for the general public; or who acts as the agent or |
1991 | intermediary on behalf of the owner or seller of a used |
1992 | recreational vehicle which is for sale or who assists or |
1993 | represents the seller in finding a buyer for the recreational |
1994 | vehicle. |
1995 | (c) For the purposes of this section, the term |
1996 | "recreational vehicle" does not include any camping trailer, as |
1997 | defined in s. 320.01(1)(b)2. |
1998 | (d) A dealer may apply for a certificate of title to a |
1999 | recreational vehicle required to be registered under s. |
2000 | 320.08(9) using a manufacturer's statement of origin as |
2001 | permitted by s. 319.23(1) only if such dealer is authorized by a |
2002 | manufacturer/dealer agreement as defined in s. 320.3202(8) on |
2003 | file with the department to buy, sell, or deal in that |
2004 | particular line-make of recreational vehicle and is authorized |
2005 | by such agreement to perform delivery and preparation |
2006 | obligations and warranty defect adjustments on that line-make. |
2007 | Section 47. Section 320.95, Florida Statutes, is amended |
2008 | to read: |
2009 | 320.95 Transactions by electronic or telephonic means.- |
2010 | (1) The department may is authorized to accept any |
2011 | application provided for under this chapter by electronic or |
2012 | telephonic means. |
2013 | (2) The department may collect and use electronic mail |
2014 | addresses for the purpose of providing renewal notices in lieu |
2015 | of the United States Postal Service. |
2016 | Section 48. Section 321.02, Florida Statutes, is amended |
2017 | to read: |
2018 | 321.02 Powers and duties of department, highway patrol.- |
2019 | The director of the Division of Highway Patrol of the Department |
2020 | of Highway Safety and Motor Vehicles shall be designated the |
2021 | Colonel also be the commander of the Florida Highway Patrol. The |
2022 | said department shall set up and promulgate rules and |
2023 | regulations by which the personnel of the Florida Highway Patrol |
2024 | officers shall be examined, employed, trained, located, |
2025 | suspended, reduced in rank, discharged, recruited, paid and |
2026 | pensioned, subject to civil service provisions hereafter set |
2027 | out. The department may enter into contracts or agreements, with |
2028 | or without competitive bidding or procurement, to make |
2029 | available, on a fair, reasonable, nonexclusive, and |
2030 | nondiscriminatory basis, property and other structures under |
2031 | division control for the placement of new facilities by any |
2032 | wireless provider of mobile service as defined in 47 U.S.C. s. |
2033 | 153(27) or s. 332(d), and any telecommunications company as |
2034 | defined in s. 364.02 when it is determined to be practical and |
2035 | feasible to make such property or other structures available. |
2036 | The department may, without adopting a rule, charge a just, |
2037 | reasonable, and nondiscriminatory fee for placement of the |
2038 | facilities, payable annually, based on the fair market value of |
2039 | space used by comparable communications facilities in the state. |
2040 | The department and a wireless provider or telecommunications |
2041 | company may negotiate the reduction or elimination of a fee in |
2042 | consideration of services provided to the division by the |
2043 | wireless provider or the telecommunications company. All such |
2044 | fees collected by the department shall be deposited directly |
2045 | into the State Agency Law Enforcement Radio System Trust Fund, |
2046 | and may be used to construct, maintain, or support the system. |
2047 | The department is further specifically authorized to purchase, |
2048 | sell, trade, rent, lease and maintain all necessary equipment, |
2049 | uniforms, motor vehicles, communication systems, housing |
2050 | facilities, office space, and perform any other acts necessary |
2051 | for the proper administration and enforcement of this chapter. |
2052 | However, all supplies and equipment consisting of single items |
2053 | or in lots shall be purchased under the requirements of s. |
2054 | 287.057. Purchases shall be made by accepting the bid of the |
2055 | lowest responsive bidder, the right being reserved to reject all |
2056 | bids. The department shall prescribe a distinctive uniform and |
2057 | distinctive emblem to be worn by all officers of the Florida |
2058 | Highway Patrol. It shall be unlawful for any other person or |
2059 | persons to wear a similar uniform or emblem, or any part or |
2060 | parts thereof. The department shall also prescribe distinctive |
2061 | colors for use on motor vehicles and motorcycles operated by the |
2062 | Florida Highway Patrol. The prescribed colors shall be referred |
2063 | to as "Florida Highway Patrol black and tan." |
2064 | Section 49. Subsection (3) of section 322.02, Florida |
2065 | Statutes, is amended to read: |
2066 | 322.02 Legislative intent; administration.- |
2067 | (3) The department shall employ a director, who is charged |
2068 | with the duty of serving as the executive officer of the |
2069 | Division of Motorist Services within Driver Licenses of the |
2070 | department insofar as the administration of this chapter is |
2071 | concerned. He or she shall be subject to the supervision and |
2072 | direction of the department, and his or her official actions and |
2073 | decisions as executive officer shall be conclusive unless the |
2074 | same are superseded or reversed by the department or by a court |
2075 | of competent jurisdiction. |
2076 | Section 50. Subsection (1) of section 322.04, Florida |
2077 | Statutes, is amended to read: |
2078 | 322.04 Persons exempt from obtaining driver's license.- |
2079 | (1) The following persons are exempt from obtaining a |
2080 | driver's license: |
2081 | (a) Any employee of the United States Government, while |
2082 | operating a noncommercial motor vehicle owned by or leased to |
2083 | the United States Government and being operated on official |
2084 | business. |
2085 | (b) Any person while driving or operating any road |
2086 | machine, farm tractor, or implement of husbandry temporarily |
2087 | operated or moved on a highway. |
2088 | (c) A nonresident who is at least 16 years of age and who |
2089 | has in his or her immediate possession a valid noncommercial |
2090 | driver's license issued to the nonresident in his or her home |
2091 | state or country, may operate a motor vehicle of the type for |
2092 | which a Class E driver's license is required in this state if he |
2093 | or she has in their immediate possession: |
2094 | 1. A valid noncommercial driver's license issued in his or |
2095 | her name from another state or territory of the United States; |
2096 | or |
2097 | 2. An International Driving Permit issued in his or her |
2098 | name in their country of residence and a valid license issued in |
2099 | that country. |
2100 | (d) A nonresident who is at least 18 years of age and who |
2101 | has in his or her immediate possession a valid noncommercial |
2102 | driver's license issued to the nonresident in his or her home |
2103 | state or country may operate a motor vehicle, other than a |
2104 | commercial motor vehicle, in this state. |
2105 | (d)(e) Any person operating a golf cart, as defined in s. |
2106 | 320.01, which is operated in accordance with the provisions of |
2107 | s. 316.212. |
2108 | Section 51. Paragraph (a) of subsection (1) of section |
2109 | 322.051, Florida Statutes, is amended to read: |
2110 | 322.051 Identification cards.- |
2111 | (1) Any person who is 5 years of age or older, or any |
2112 | person who has a disability, regardless of age, who applies for |
2113 | a disabled parking permit under s. 320.0848, may be issued an |
2114 | identification card by the department upon completion of an |
2115 | application and payment of an application fee. |
2116 | (a) Each such application shall include the following |
2117 | information regarding the applicant: |
2118 | 1. Full name (first, middle or maiden, and last), gender, |
2119 | proof of social security card number satisfactory to the |
2120 | department, county of residence, mailing address, proof of |
2121 | residential address satisfactory to the department, country of |
2122 | birth, and a brief description. |
2123 | 2. Proof of birth date satisfactory to the department. |
2124 | 3. Proof of identity satisfactory to the department. Such |
2125 | proof must include one of the following documents issued to the |
2126 | applicant: |
2127 | a. A driver's license record or identification card record |
2128 | from another jurisdiction that required the applicant to submit |
2129 | a document for identification which is substantially similar to |
2130 | a document required under sub-subparagraph b., sub-subparagraph |
2131 | c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph |
2132 | f., sub-subparagraph g., or sub-subparagraph h.; |
2133 | b. A certified copy of a United States birth certificate; |
2134 | c. A valid, unexpired United States passport; |
2135 | d. A naturalization certificate issued by the United |
2136 | States Department of Homeland Security; |
2137 | e. A valid, unexpired alien registration receipt card |
2138 | (green card); |
2139 | f. A Consular Report of Birth Abroad provided by the |
2140 | United States Department of State; |
2141 | g. An unexpired employment authorization card issued by |
2142 | the United States Department of Homeland Security; or |
2143 | h. Proof of nonimmigrant classification provided by the |
2144 | United States Department of Homeland Security, for an original |
2145 | identification card. In order to prove such nonimmigrant |
2146 | classification, applicants must provide at least one of may |
2147 | produce but are not limited to the following documents, and, in |
2148 | addition, the department may require applicants to produce |
2149 | United States Department of Homeland Security documents for the |
2150 | sole purpose of establishing the maintenance of or efforts to |
2151 | maintain continuous lawful presence: |
2152 | (I) A notice of hearing from an immigration court |
2153 | scheduling a hearing on any proceeding. |
2154 | (II) A notice from the Board of Immigration Appeals |
2155 | acknowledging pendency of an appeal. |
2156 | (III) Notice of the approval of an application for |
2157 | adjustment of status issued by the United States Bureau of |
2158 | Citizenship and Immigration Services. |
2159 | (IV) Any official documentation confirming the filing of a |
2160 | petition for asylum or refugee status or any other relief issued |
2161 | by the United States Bureau of Citizenship and Immigration |
2162 | Services. |
2163 | (V) Notice of action transferring any pending matter from |
2164 | another jurisdiction to Florida, issued by the United States |
2165 | Bureau of Citizenship and Immigration Services. |
2166 | (VI) Order of an immigration judge or immigration officer |
2167 | granting any relief that authorizes the alien to live and work |
2168 | in the United States including, but not limited to asylum. |
2169 | (VII) Evidence that an application is pending for |
2170 | adjustment of status to that of an alien lawfully admitted for |
2171 | permanent residence in the United States or conditional |
2172 | permanent resident status in the United States, if a visa number |
2173 | is available having a current priority date for processing by |
2174 | the United States Bureau of Citizenship and Immigration |
2175 | Services. |
2176 | (VIII) On or after January 1, 2010, an unexpired foreign |
2177 | passport with an unexpired United States Visa affixed, |
2178 | accompanied by an approved I-94, documenting the most recent |
2179 | admittance into the United States. |
2180 |
|
2181 | An identification card issued based on documents required |
2182 | Presentation of any of the documents described in sub- |
2183 | subparagraph g. or sub-subparagraph h. is valid entitles the |
2184 | applicant to an identification card for a period not to exceed |
2185 | the expiration date of the document presented or 1 year, |
2186 | whichever first occurs. |
2187 | Section 52. Subsection (4) of section 322.058, Florida |
2188 | Statutes, is amended to read: |
2189 | 322.058 Suspension of driving privileges due to support |
2190 | delinquency; reinstatement.- |
2191 | (4) This section applies only to the annual renewal in the |
2192 | owner's birth month of a motor vehicle registration and does not |
2193 | apply to the transfer of a registration of a motor vehicle sold |
2194 | by a motor vehicle dealer licensed under chapter 320, except for |
2195 | the transfer of registrations which is inclusive of the annual |
2196 | renewals. This section does not affect the issuance of the title |
2197 | to a motor vehicle, notwithstanding s. 319.23(8)(7)(b). |
2198 | Section 53. Section 322.065, Florida Statutes, is amended |
2199 | to read: |
2200 | 322.065 Driver's license expired for 6 4 months or less; |
2201 | penalties.-Any person whose driver's license has been expired |
2202 | for 6 4 months or less and who drives a motor vehicle upon the |
2203 | highways of this state commits is guilty of an infraction and is |
2204 | subject to the penalty provided in s. 318.18. |
2205 | Section 54. Subsection (3) of section 322.07, Florida |
2206 | Statutes, is amended to read: |
2207 | 322.07 Instruction permits and temporary licenses.- |
2208 | (3) Any person who, except for his or her lack of |
2209 | instruction in operating a commercial motor vehicle, would |
2210 | otherwise be qualified to obtain a commercial driver's license |
2211 | under this chapter, may apply for a temporary commercial |
2212 | instruction permit. The department shall issue such a permit |
2213 | entitling the applicant, while having the permit in his or her |
2214 | immediate possession, to drive a commercial motor vehicle on the |
2215 | highways, provided that: |
2216 | (a) The applicant possesses a valid Florida driver's |
2217 | license issued in any state; and |
2218 | (b) The applicant, while operating a commercial motor |
2219 | vehicle, is accompanied by a licensed driver who is 21 years of |
2220 | age or older, who is licensed to operate the class of vehicle |
2221 | being operated, and who is actually occupying the closest seat |
2222 | to the right of the driver. |
2223 | Section 55. Subsection (2) of section 322.08, Florida |
2224 | Statutes, is amended, paragraphs (o) and (p) are added to |
2225 | subsection (7), and subsections (8) and (9) are added to that |
2226 | section, to read: |
2227 | 322.08 Application for license; requirements for license |
2228 | and identification card forms.- |
2229 | (2) Each such application shall include the following |
2230 | information regarding the applicant: |
2231 | (a) Full name (first, middle or maiden, and last), gender, |
2232 | proof of social security card number satisfactory to the |
2233 | department, county of residence, mailing address, proof of |
2234 | residential address satisfactory to the department, country of |
2235 | birth, and a brief description. |
2236 | (b) Proof of birth date satisfactory to the department. |
2237 | (c) Proof of identity satisfactory to the department. Such |
2238 | proof must include one of the following documents issued to the |
2239 | applicant: |
2240 | 1. A driver's license record or identification card record |
2241 | from another jurisdiction that required the applicant to submit |
2242 | a document for identification which is substantially similar to |
2243 | a document required under subparagraph 2., subparagraph 3., |
2244 | subparagraph 4., subparagraph 5., subparagraph 6., subparagraph |
2245 | 7., or subparagraph 8.; |
2246 | 2. A certified copy of a United States birth certificate; |
2247 | 3. A valid, unexpired United States passport; |
2248 | 4. A naturalization certificate issued by the United |
2249 | States Department of Homeland Security; |
2250 | 5. A valid, unexpired alien registration receipt card |
2251 | (green card); |
2252 | 6. A Consular Report of Birth Abroad provided by the |
2253 | United States Department of State; |
2254 | 7. An unexpired employment authorization card issued by |
2255 | the United States Department of Homeland Security; or |
2256 | 8. Proof of nonimmigrant classification provided by the |
2257 | United States Department of Homeland Security, for an original |
2258 | driver's license. In order to prove nonimmigrant classification, |
2259 | an applicant must provide at least one of the following |
2260 | documents, and, in addition, the department may require |
2261 | applicants to produce United States Department of Homeland |
2262 | Security documents for the sole purpose of establishing the |
2263 | maintenance of or efforts to maintain continuous lawful presence |
2264 | may produce the following documents, including, but not limited |
2265 | to: |
2266 | a. A notice of hearing from an immigration court |
2267 | scheduling a hearing on any proceeding. |
2268 | b. A notice from the Board of Immigration Appeals |
2269 | acknowledging pendency of an appeal. |
2270 | c. A notice of the approval of an application for |
2271 | adjustment of status issued by the United States Bureau of |
2272 | Citizenship and Immigration Services. |
2273 | d. Any official documentation confirming the filing of a |
2274 | petition for asylum or refugee status or any other relief issued |
2275 | by the United States Bureau of Citizenship and Immigration |
2276 | Services. |
2277 | e. A notice of action transferring any pending matter from |
2278 | another jurisdiction to this state issued by the United States |
2279 | Bureau of Citizenship and Immigration Services. |
2280 | f. An order of an immigration judge or immigration officer |
2281 | granting any relief that authorizes the alien to live and work |
2282 | in the United States, including, but not limited to, asylum. |
2283 | g. Evidence that an application is pending for adjustment |
2284 | of status to that of an alien lawfully admitted for permanent |
2285 | residence in the United States or conditional permanent resident |
2286 | status in the United States, if a visa number is available |
2287 | having a current priority date for processing by the United |
2288 | States Bureau of Citizenship and Immigration Services. |
2289 | h. On or after January 1, 2010, an unexpired foreign |
2290 | passport with an unexpired United States Visa affixed, |
2291 | accompanied by an approved I-94, documenting the most recent |
2292 | admittance into the United States. |
2293 |
|
2294 | A driver's license or temporary permit issued based on documents |
2295 | required Presentation of any of the documents in subparagraph 7. |
2296 | or subparagraph 8. is valid entitles the applicant to a driver's |
2297 | license or temporary permit for a period not to exceed the |
2298 | expiration date of the document presented or 1 year, whichever |
2299 | occurs first. |
2300 | (d) Whether the applicant has previously been licensed to |
2301 | drive, and, if so, when and by what state, and whether any such |
2302 | license or driving privilege has ever been disqualified, |
2303 | revoked, or suspended, or whether an application has ever been |
2304 | refused, and, if so, the date of and reason for such |
2305 | disqualification, suspension, revocation, or refusal. |
2306 | (e) Each such application may include fingerprints and |
2307 | other unique biometric means of identity. |
2308 | (7) The application form for an original, renewal, or |
2309 | replacement driver's license or identification card shall |
2310 | include language permitting the following: |
2311 | (o) A voluntary contribution of $1 per applicant for |
2312 | Autism Services and Supports. Such contributions must be |
2313 | transferred by the department each month to the Achievement and |
2314 | Rehabilitation Centers, Inc., Autism Services Fund. |
2315 | (p) A voluntary contribution of $1 per applicant to |
2316 | Support Our Troops, which shall be distributed monthly to |
2317 | Support Our Troops, Inc., a Florida not-for-profit organization. |
2318 |
|
2319 | A statement providing an explanation of the purpose of the trust |
2320 | funds shall also be included. For the purpose of applying the |
2321 | service charge provided in s. 215.20, contributions received |
2322 | under paragraphs (b)-(n) are not income of a revenue nature. |
2323 | (8) Notwithstanding subsection (7), the department and its |
2324 | authorized agents shall provide a complete list of voluntary |
2325 | contributions authorized by law to customers applying for a |
2326 | license or identification card or renewal of a license or |
2327 | identification card. The renewal application form must include |
2328 | either a complete list of all authorized voluntary contributions |
2329 | or the department's website address which provides a complete |
2330 | list and information on all authorized voluntary contributions. |
2331 | The department or authorized agent may include on the renewal |
2332 | forms a complete list of authorized voluntary contributions and |
2333 | the department's website address. Customers renewing a license |
2334 | or identification card at either an agent's office or a |
2335 | department office shall be provided information on voluntary |
2336 | contribution options. |
2337 | (9) The department may collect and use electronic mail |
2338 | addresses for the purpose of providing renewal notices in lieu |
2339 | of the United State Postal Service. |
2340 | Section 56. Paragraph (b) of subsection (1) and subsection |
2341 | (3) of section 322.081, Florida Statutes, are amended to read: |
2342 | 322.081 Requests to establish voluntary contribution |
2343 | checkoff on driver's license application.- |
2344 | (1) An organization that seeks authorization to establish |
2345 | a voluntary contribution on a driver's license application must |
2346 | submit to the department: |
2347 | (b) An application fee, not to exceed $10,000 to defray |
2348 | the department's cost for reviewing the application and |
2349 | developing the voluntary contribution checkoff or website, if |
2350 | authorized. State funds may not be used to pay the application |
2351 | fee. |
2352 |
|
2353 | The information required under this subsection must be submitted |
2354 | to the department at least 90 days before the convening of the |
2355 | next regular session of the Legislature. |
2356 | (3) The department must include any voluntary |
2357 | contributions approved by the Legislature on the driver's |
2358 | license application form in accordance with s. 322.08(8) when |
2359 | the form is reprinted by the agency. |
2360 | Section 57. Subsection (1) of section 322.095, Florida |
2361 | Statutes, is amended to read: |
2362 | 322.095 Traffic law and substance abuse education program |
2363 | for driver's license applicants.- |
2364 | (1) The Department of Highway Safety and Motor Vehicles |
2365 | must approve traffic law and substance abuse education courses |
2366 | that must be completed by applicants for a Florida driver's |
2367 | license. The curricula for the courses must provide instruction |
2368 | on the physiological and psychological consequences of the abuse |
2369 | of alcohol and other drugs, the societal and economic costs of |
2370 | alcohol and drug abuse, the effects of alcohol and drug abuse on |
2371 | the driver of a motor vehicle, the dangers of driving while |
2372 | distracted, which must specifically include the use of |
2373 | technology while driving, and the laws of this state relating to |
2374 | the operation of a motor vehicle. All instructors teaching the |
2375 | courses shall be certified by the department. |
2376 | Section 58. Subsection (5) of section 322.12, Florida |
2377 | Statutes, is amended to read: |
2378 | 322.12 Examination of applicants.- |
2379 | (5)(a) The department shall formulate a separate |
2380 | examination for applicants for licenses to operate motorcycles. |
2381 | Any applicant for a driver's license who wishes to operate a |
2382 | motorcycle, and who is otherwise qualified, must successfully |
2383 | complete such an examination, which is in addition to the |
2384 | examination administered under subsection (3). The examination |
2385 | must test the applicant's knowledge of the operation of a |
2386 | motorcycle and of any traffic laws specifically relating thereto |
2387 | and must include an actual demonstration of his or her ability |
2388 | to exercise ordinary and reasonable control in the operation of |
2389 | a motorcycle. Any applicant who fails to pass the initial |
2390 | knowledge examination will incur a $5 fee for each subsequent |
2391 | examination, to be deposited into the Highway Safety Operating |
2392 | Trust Fund. Any applicant who fails to pass the initial skills |
2393 | examination will incur a $10 fee for each subsequent |
2394 | examination, to be deposited into the Highway Safety Operating |
2395 | Trust Fund. In the formulation of the examination, the |
2396 | department shall consider the use of the Motorcycle Operator |
2397 | Skills Test and the Motorcycle in Traffic Test offered by the |
2398 | Motorcycle Safety Foundation. The department shall indicate on |
2399 | the license of any person who successfully completes the |
2400 | examination that the licensee is authorized to operate a |
2401 | motorcycle. If the applicant wishes to be licensed to operate a |
2402 | motorcycle only, he or she need not take the skill or road test |
2403 | required under subsection (3) for the operation of a motor |
2404 | vehicle, and the department shall indicate such a limitation on |
2405 | his or her license as a restriction. Every first-time applicant |
2406 | for licensure to operate a motorcycle must provide proof of |
2407 | completion of a motorcycle safety course, as provided for in s. |
2408 | 322.0255, which shall include a final examination before the |
2409 | applicant may be licensed to operate a motorcycle. The |
2410 | department shall indicate on the license of any person who |
2411 | successfully completes the course that the licensee is |
2412 | authorized to operate a motorcycle. If the applicant wishes to |
2413 | be licensed to operate a motorcycle only, he or she need not |
2414 | take the skills or road test required under subsection (3) for |
2415 | the operation of a motor vehicle, and the department shall |
2416 | indicate such a limitation on his or her license as a |
2417 | restriction. |
2418 | (b) The department may exempt any applicant from the |
2419 | examination provided in this subsection if the applicant |
2420 | presents a certificate showing successful completion of a course |
2421 | approved by the department, which course includes a similar |
2422 | examination of the knowledge and skill of the applicant in the |
2423 | operation of a motorcycle. |
2424 | Section 59. Subsection (5) of section 322.121, Florida |
2425 | Statutes, is amended to read: |
2426 | 322.121 Periodic reexamination of all drivers.- |
2427 | (5) Members of the Armed Forces, or their dependents |
2428 | residing with them, shall be granted an automatic extension for |
2429 | the expiration of their Class E licenses without reexamination |
2430 | while serving on active duty outside this state. This extension |
2431 | is valid for 90 days after the member of the Armed Forces is |
2432 | either discharged or returns to this state to live. |
2433 | Section 60. Paragraph (a) of subsection (1) of section |
2434 | 322.14, Florida Statutes, is amended to read: |
2435 | 322.14 Licenses issued to drivers.- |
2436 | (1)(a) The department shall, upon successful completion of |
2437 | all required examinations and payment of the required fee, issue |
2438 | to every applicant qualifying therefor, a driver's license as |
2439 | applied for, which license shall bear thereon a color photograph |
2440 | or digital image of the licensee; the name of the state; a |
2441 | distinguishing number assigned to the licensee; and the |
2442 | licensee's full name, date of birth, and residence address; a |
2443 | brief description of the licensee, including, but not limited |
2444 | to, the licensee's gender and height; and the dates of issuance |
2445 | and expiration of the license. A space shall be provided upon |
2446 | which the licensee shall affix his or her usual signature. No |
2447 | license shall be valid until it has been so signed by the |
2448 | licensee except that the signature of said licensee shall not be |
2449 | required if it appears thereon in facsimile or if the licensee |
2450 | is not present within the state at the time of issuance. |
2451 | Applicants qualifying to receive a Class A, Class B, or Class C |
2452 | driver's license must appear in person within the state for |
2453 | issuance of a color photographic or digital imaged driver's |
2454 | license pursuant to s. 322.142. |
2455 | Section 61. Subsection (2) of section 322.19, Florida |
2456 | Statutes, is amended to read: |
2457 | 322.19 Change of address or name.- |
2458 | (2) Whenever any person, after applying for or receiving a |
2459 | driver's license, changes the legal residence or mailing address |
2460 | in the application or license, the person must, within 10 |
2461 | calendar days, obtain a replacement license that reflects the |
2462 | change. A written request to the department must include the old |
2463 | and new addresses and the driver's license number. Persons with |
2464 | a valid, current student identification card issued by an |
2465 | educational institution in this state are presumed not to have |
2466 | changed their legal residence or mailing address. Nothing in |
2467 | this provision shall affect any person required to register a |
2468 | permanent or temporary address change pursuant to s. 775.13, s. |
2469 | 775.21, s. 775.25, or s. 943.0435. |
2470 | Section 62. Subsections (9), (10), (13), (14), and (16) of |
2471 | section 322.20, Florida Statutes, are amended to read: |
2472 | 322.20 Records of the department; fees; destruction of |
2473 | records.- |
2474 | (9) The department may, upon application, furnish to any |
2475 | person, from its the records of the Division of Driver Licenses, |
2476 | a list of the names, addresses, and birth dates of the licensed |
2477 | drivers of the entire state or any portion thereof by age group. |
2478 | In addition, the department may furnish to the courts, for the |
2479 | purpose of establishing jury selection lists, the names, |
2480 | addresses, and birth dates of the persons of the entire state or |
2481 | any portion thereof by age group having identification cards |
2482 | issued by the department. Each person who requests such |
2483 | information shall pay a fee, set by the department, of 1 cent |
2484 | per name listed, except that the department shall furnish such |
2485 | information without charge to the courts for the purpose of jury |
2486 | selection or to any state agency or to any state attorney, |
2487 | sheriff, or chief of police. Such court, state agency, state |
2488 | attorney, or law enforcement agency may not sell, give away, or |
2489 | allow the copying of such information. Noncompliance with this |
2490 | prohibition shall authorize the department to charge the |
2491 | noncomplying court, state agency, state attorney, or law |
2492 | enforcement agency the appropriate fee for any subsequent lists |
2493 | requested. The department may adopt rules necessary to implement |
2494 | this subsection. |
2495 | (10) The department Division of Driver Licenses is |
2496 | authorized, upon application of any person and payment of the |
2497 | proper fees, to search and to assist such person in the search |
2498 | of the records of the department and make reports thereof and to |
2499 | make photographic copies of the departmental records and |
2500 | attestations thereof. |
2501 | (13) The department Division of Driver Licenses shall |
2502 | implement a system that allows either parent of a minor, or a |
2503 | guardian, or other responsible adult who signed a minor's |
2504 | application for a driver's license to have Internet access |
2505 | through a secure website to inspect the minor's driver history |
2506 | record. Internet access to driver history records granted to a |
2507 | minor's parents, guardian, or other responsible adult shall be |
2508 | furnished by the department at no fee and shall terminate when |
2509 | the minor attains 18 years of age. |
2510 | (14) The department is authorized in accordance with |
2511 | chapter 257 to destroy reports, records, documents, papers, and |
2512 | correspondence in the department Division of Driver Licenses |
2513 | which are considered obsolete. |
2514 | (16) The creation and maintenance of records by the |
2515 | Division of Motorist Services within the department and the |
2516 | Division of Driver Licenses pursuant to this chapter shall not |
2517 | be regarded as law enforcement functions of agency |
2518 | recordkeeping. |
2519 | Section 63. Section 322.202, Florida Statutes, is amended |
2520 | to read: |
2521 | 322.202 Admission of evidence obtained from the Division |
2522 | of Motorist Services Driver Licenses and the Division of Motor |
2523 | Vehicles.- |
2524 | (1) The Legislature finds that the Division of Motorist |
2525 | Services Driver Licenses and the Division of Motor Vehicles of |
2526 | the Department of Highway Safety and Motor Vehicles is are not a |
2527 | law enforcement agency agencies. The Legislature also finds that |
2528 | the division is divisions are not an adjunct adjuncts of any law |
2529 | enforcement agency in that employees have no stake in particular |
2530 | prosecutions. The Legislature further finds that errors in |
2531 | records maintained by the Division of Motorist Services |
2532 | divisions are not within the collective knowledge of any law |
2533 | enforcement agency. The Legislature also finds that the mission |
2534 | missions of the Division of Motorist Services Driver Licenses, |
2535 | the Division of Motor Vehicles, and the Department of Highway |
2536 | Safety and Motor Vehicles provides provide a sufficient |
2537 | incentive to maintain records in a current and correct fashion. |
2538 | (2) The Legislature finds that the purpose of the |
2539 | exclusionary rule is to deter misconduct on the part of law |
2540 | enforcement officers and law enforcement agencies. |
2541 | (3) The Legislature finds that the application of the |
2542 | exclusionary rule to cases where a law enforcement officer |
2543 | effects an arrest based on objectively reasonable reliance on |
2544 | information obtained from the division divisions is repugnant to |
2545 | the purposes of the exclusionary rule and contrary to the |
2546 | decisions of the United States Supreme Court in Arizona v. |
2547 | Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897 |
2548 | (1984). |
2549 | (4) In any case where a law enforcement officer effects an |
2550 | arrest based on objectively reasonable reliance on information |
2551 | obtained from the division divisions, evidence found pursuant to |
2552 | such an arrest shall not be suppressed by application of the |
2553 | exclusionary rule on the grounds that the arrest is subsequently |
2554 | determined to be unlawful due to erroneous information obtained |
2555 | from the divisions. |
2556 | Section 64. Subsections (2) and (4) of section 322.21, |
2557 | Florida Statutes, are amended to read: |
2558 | 322.21 License fees; procedure for handling and collecting |
2559 | fees.- |
2560 | (2) It is the duty of the director of the Division of |
2561 | Motorist Services to provide Driver Licenses to set up a |
2562 | division in the department with the necessary personnel to |
2563 | perform the necessary clerical and routine work for the |
2564 | department in issuing and recording applications, licenses, and |
2565 | certificates of eligibility, including the receiving and |
2566 | accounting of all license funds and their payment into the State |
2567 | Treasury, and other incidental clerical work connected with the |
2568 | administration of this chapter. The department may use such |
2569 | electronic, mechanical, or other devices as necessary to |
2570 | accomplish the purposes of this chapter. |
2571 | (4) If the department determines from its records or is |
2572 | otherwise satisfied that the holder of a license about to expire |
2573 | is entitled to have it renewed, the department shall mail a |
2574 | renewal notice to the licensee at his or her last known address, |
2575 | at least within 30 days before the licensee's birthday. The |
2576 | licensee may shall be issued a renewal license, after |
2577 | reexamination, if required, during the 30 days immediately |
2578 | preceding his or her birthday upon presenting a renewal notice, |
2579 | his or her current license, and the fee for renewal to the |
2580 | department at any driver's license examining office. A driver |
2581 | may renew his or her driver's license up to 18 months prior to |
2582 | the license expiration date. |
2583 | Section 65. Subsection (1) of section 322.22, Florida |
2584 | Statutes, is amended to read: |
2585 | 322.22 Authority of department to cancel license.- |
2586 | (1) The department is authorized to cancel any driver's |
2587 | license, upon determining that the licensee is was not entitled |
2588 | to the license issuance thereof, or that the licensee failed to |
2589 | give the required or correct information in his or her |
2590 | application or committed any fraud in making such application, |
2591 | or that the licensee has two or more licenses on file with the |
2592 | department, each in a different name but bearing the photograph |
2593 | of the licensee, unless the licensee has complied with the |
2594 | requirements of this chapter in obtaining the licenses. The |
2595 | department may cancel any driver's license, identification card, |
2596 | vehicle or vessel registration, or fuel-use decal if the |
2597 | licensee fails to pay the correct fee or pays for the driver's |
2598 | license, identification card, vehicle or vessel registration, or |
2599 | fuel-use decal; pays any tax liability, penalty, or interest |
2600 | specified in chapter 207; or pays any administrative, |
2601 | delinquency, or reinstatement fee by a dishonored check. |
2602 | Section 66. Subsection (6) of section 322.2615, Florida |
2603 | Statutes, is amended to read: |
2604 | 322.2615 Suspension of license; right to review.- |
2605 | (6)(a) If the person whose license was suspended requests |
2606 | a formal review, the department must schedule a hearing to be |
2607 | held within 30 days after such request is received by the |
2608 | department and must notify the person of the date, time, and |
2609 | place of the hearing. |
2610 | (b) Such formal review hearing shall be held before a |
2611 | hearing officer designated employed by the department, and the |
2612 | hearing officer shall be authorized to administer oaths, examine |
2613 | witnesses and take testimony, receive relevant evidence, issue |
2614 | subpoenas for the officers and witnesses identified in documents |
2615 | in subsection (2), regulate the course and conduct of the |
2616 | hearing, question witnesses, and make a ruling on the |
2617 | suspension. The party requesting the presence of a witness shall |
2618 | be responsible for the payment of any witness fees and for |
2619 | notifying in writing the state attorney's office in the |
2620 | appropriate circuit of the issuance of the subpoena. If the |
2621 | person who requests a formal review hearing fails to appear and |
2622 | the hearing officer finds such failure to be without just cause, |
2623 | the right to a formal hearing is waived and the suspension shall |
2624 | be sustained. |
2625 | (c) A party may seek enforcement of a subpoena under |
2626 | paragraph (b) by: |
2627 | 1. Filing a motion for enforcement of a subpoena in the |
2628 | related criminal case, if any; or |
2629 | 2. Filing a petition for enforcement in the circuit court |
2630 | of the judicial circuit in which the person failing to comply |
2631 | with the subpoena resides. A failure to comply with an order of |
2632 | the court shall result in a finding of contempt of court. |
2633 | However, a person is not in contempt while a subpoena is being |
2634 | challenged. |
2635 | (d) The department must, within 7 working days after a |
2636 | formal review hearing, send notice to the person of the hearing |
2637 | officer's decision as to whether sufficient cause exists to |
2638 | sustain, amend, or invalidate the suspension. |
2639 | Section 67. Subsection (12) is added to section 322.34, |
2640 | Florida Statutes, to read: |
2641 | 322.34 Driving while license suspended, revoked, canceled, |
2642 | or disqualified.- |
2643 | (1) Except as provided in subsection (2), any person whose |
2644 | driver's license or driving privilege has been canceled, |
2645 | suspended, or revoked, except a "habitual traffic offender" as |
2646 | defined in s. 322.264, who drives a vehicle upon the highways of |
2647 | this state while such license or privilege is canceled, |
2648 | suspended, or revoked is guilty of a moving violation, |
2649 | punishable as provided in chapter 318. |
2650 | (12) A person who commits a moving violation as provided |
2651 | in subsection (1) shall not have his or her motor vehicle |
2652 | impounded or immobilized. |
2653 | Section 68. Subsection (2) of section 322.53, Florida |
2654 | Statutes, is amended to read: |
2655 | 322.53 License required; exemptions.- |
2656 | (2) The following persons are exempt from the requirement |
2657 | to obtain a commercial driver's license: |
2658 | (a) Drivers of authorized emergency vehicles. |
2659 | (b) Military personnel driving vehicles operated for |
2660 | military purposes. |
2661 | (c) Farmers transporting agricultural products, farm |
2662 | supplies, or farm machinery to or from their farms within 150 |
2663 | miles of their farm if the vehicle operated under this exemption |
2664 | is not used in the operations of a common or contract motor |
2665 | carrier, or transporting agricultural products to or from the |
2666 | first place of storage or processing or directly to or from |
2667 | market, within 150 miles of their farm. |
2668 | (d) Drivers of recreational vehicles, as defined in s. |
2669 | 320.01. |
2670 | (e) Drivers who operate straight trucks, as defined in s. |
2671 | 316.003, which that are exclusively transporting their own |
2672 | tangible personal property that which is not for sale or hire, |
2673 | and the vehicles are not used in commerce. |
2674 | (f) An employee of a publicly owned transit system who is |
2675 | limited to moving vehicles for maintenance or parking purposes |
2676 | exclusively within the restricted-access confines of a transit |
2677 | system's property. |
2678 | Section 69. Subsection (5) is added to section 322.54, |
2679 | Florida Statutes, to read: |
2680 | 322.54 Classification.- |
2681 | (5) The required driver's license classification of any |
2682 | person operating a commercial motor vehicle that has no gross |
2683 | vehicle weight rating plate or no vehicle identification number |
2684 | shall be determined by the actual weight of the vehicle. |
2685 | Section 70. Section 322.58, Florida Statutes, is repealed. |
2686 | Section 71. Section 322.59, Florida Statutes, is amended |
2687 | to read: |
2688 | 322.59 Possession of medical examiner's certificate.- |
2689 | (1) The department shall not issue a commercial driver's |
2690 | license to any person who is required by the laws of this state |
2691 | or by federal law to possess a medical examiner's certificate, |
2692 | unless such person provides presents a valid certificate, as |
2693 | described in 49 C.F.R. s. 383.71 prior to licensure. |
2694 | (2) The department shall disqualify a driver from |
2695 | operating a commercial motor vehicle if that driver holds a |
2696 | commercial driver's license and fails to comply with the medical |
2697 | certification requirements described in 49 C.F.R. s. 383.71. |
2698 | (2) This section does not expand the requirements as to |
2699 | who must possess a medical examiner's certificate. |
2700 | Section 72. Subsection (5) of section 322.61, Florida |
2701 | Statutes, is amended to read: |
2702 | 322.61 Disqualification from operating a commercial motor |
2703 | vehicle.- |
2704 | (5) Any person who is convicted of two violations |
2705 | specified in subsection (3) which were committed while operating |
2706 | a commercial motor vehicle, or any combination thereof, arising |
2707 | in separate incidents shall be permanently disqualified from |
2708 | operating a commercial motor vehicle. Any holder of a commercial |
2709 | driver's license who is convicted of two violations specified in |
2710 | subsection (3), which were committed while operating any a |
2711 | noncommercial motor vehicle, or any combination thereof, arising |
2712 | in separate incidents shall be permanently disqualified from |
2713 | operating a commercial motor vehicle. The penalty provided in |
2714 | this subsection is in addition to any other applicable penalty. |
2715 | Section 73. Subsections (1), (4), (7), (8), and (11) of |
2716 | section 322.64, Florida Statutes, are amended to read: |
2717 | 322.64 Holder of commercial driver's license; persons |
2718 | operating a commercial motor vehicle; driving with unlawful |
2719 | blood-alcohol level; refusal to submit to breath, urine, or |
2720 | blood test.- |
2721 | (1)(a) A law enforcement officer or correctional officer |
2722 | shall, on behalf of the department, disqualify from operating |
2723 | any commercial motor vehicle a person who while operating or in |
2724 | actual physical control of a commercial motor vehicle is |
2725 | arrested for a violation of s. 316.193, relating to unlawful |
2726 | blood-alcohol level or breath-alcohol level, or a person who has |
2727 | refused to submit to a breath, urine, or blood test authorized |
2728 | by s. 322.63 or s. 316.1932 arising out of the operation or |
2729 | actual physical control of a commercial motor vehicle. A law |
2730 | enforcement officer or correctional officer shall, on behalf of |
2731 | the department, disqualify the holder of a commercial driver's |
2732 | license from operating any commercial motor vehicle if the |
2733 | licenseholder, while operating or in actual physical control of |
2734 | a motor vehicle, is arrested for a violation of s. 316.193, |
2735 | relating to unlawful blood-alcohol level or breath-alcohol |
2736 | level, or refused to submit to a breath, urine, or blood test |
2737 | authorized by s. 322.63 or s. 316.1932. Upon disqualification of |
2738 | the person, the officer shall take the person's driver's license |
2739 | and issue the person a 10-day temporary permit for the operation |
2740 | of noncommercial vehicles only if the person is otherwise |
2741 | eligible for the driving privilege and shall issue the person a |
2742 | notice of disqualification. If the person has been given a |
2743 | blood, breath, or urine test, the results of which are not |
2744 | available to the officer at the time of the arrest, the agency |
2745 | employing the officer shall transmit such results to the |
2746 | department within 5 days after receipt of the results. If the |
2747 | department then determines that the person had a blood-alcohol |
2748 | level or breath-alcohol level of 0.08 or higher, the department |
2749 | shall disqualify the person from operating a commercial motor |
2750 | vehicle pursuant to subsection (3). |
2751 | (b) For purposes of determining the period of |
2752 | disqualification described in 49 C.F.R. s. 383.51, |
2753 | disqualifications listed in paragraph (a) shall be treated as |
2754 | convictions. |
2755 | (c)(b) The disqualification under paragraph (a) shall be |
2756 | pursuant to, and the notice of disqualification shall inform the |
2757 | driver of, the following: |
2758 | 1.a. The driver refused to submit to a lawful breath, |
2759 | blood, or urine test and he or she is disqualified from |
2760 | operating a commercial motor vehicle for the time period |
2761 | specified in 49 C.F.R. s. 383.51 a period of 1 year, for a first |
2762 | refusal, or permanently, if he or she has previously been |
2763 | disqualified under this section; or |
2764 | b. The driver had an unlawful blood-alcohol or breath- |
2765 | alcohol level of 0.08 or higher while driving or in actual |
2766 | physical control of a commercial motor vehicle, or any motor |
2767 | vehicle if the driver holds a commercial driver license, and is |
2768 | disqualified for the time period specified in 49 C.F.R. s. |
2769 | 383.51. The driver was driving or in actual physical control of |
2770 | a commercial motor vehicle, or any motor vehicle if the driver |
2771 | holds a commercial driver's license, had an unlawful blood- |
2772 | alcohol level or breath-alcohol level of 0.08 or higher, and his |
2773 | or her driving privilege shall be disqualified for a period of 1 |
2774 | year for a first offense or permanently disqualified if his or |
2775 | her driving privilege has been previously disqualified under |
2776 | this section. |
2777 | 2. The disqualification period for operating commercial |
2778 | vehicles shall commence on the date of issuance of the notice of |
2779 | disqualification. |
2780 | 3. The driver may request a formal or informal review of |
2781 | the disqualification by the department within 10 days after the |
2782 | date of issuance of the notice of disqualification. |
2783 | 4. The temporary permit issued at the time of |
2784 | disqualification expires at midnight of the 10th day following |
2785 | the date of disqualification. |
2786 | 5. The driver may submit to the department any materials |
2787 | relevant to the disqualification. |
2788 | (4) If the person disqualified requests an informal review |
2789 | pursuant to subparagraph (1)(c)(b)3., the department shall |
2790 | conduct the informal review by a hearing officer employed by the |
2791 | department. Such informal review hearing shall consist solely of |
2792 | an examination by the department of the materials submitted by a |
2793 | law enforcement officer or correctional officer and by the |
2794 | person disqualified, and the presence of an officer or witness |
2795 | is not required. |
2796 | (7) In a formal review hearing under subsection (6) or an |
2797 | informal review hearing under subsection (4), the hearing |
2798 | officer shall determine by a preponderance of the evidence |
2799 | whether sufficient cause exists to sustain, amend, or invalidate |
2800 | the disqualification. The scope of the review shall be limited |
2801 | to the following issues: |
2802 | (a) If the person was disqualified from operating a |
2803 | commercial motor vehicle for driving with an unlawful blood- |
2804 | alcohol level: |
2805 | 1. Whether the arresting law enforcement officer had |
2806 | probable cause to believe that the person was driving or in |
2807 | actual physical control of a commercial motor vehicle, or any |
2808 | motor vehicle if the driver holds a commercial driver's license, |
2809 | in this state while he or she had any alcohol, chemical |
2810 | substances, or controlled substances in his or her body. |
2811 | 2. Whether the person had an unlawful blood-alcohol level |
2812 | or breath-alcohol level of 0.08 or higher. |
2813 | (b) If the person was disqualified from operating a |
2814 | commercial motor vehicle for refusal to submit to a breath, |
2815 | blood, or urine test: |
2816 | 1. Whether the law enforcement officer had probable cause |
2817 | to believe that the person was driving or in actual physical |
2818 | control of a commercial motor vehicle, or any motor vehicle if |
2819 | the driver holds a commercial driver's license, in this state |
2820 | while he or she had any alcohol, chemical substances, or |
2821 | controlled substances in his or her body. |
2822 | 2. Whether the person refused to submit to the test after |
2823 | being requested to do so by a law enforcement officer or |
2824 | correctional officer. |
2825 | 3. Whether the person was told that if he or she refused |
2826 | to submit to such test he or she would be disqualified from |
2827 | operating a commercial motor vehicle for a period of 1 year or, |
2828 | if previously disqualified under this section, permanently. |
2829 | (8) Based on the determination of the hearing officer |
2830 | pursuant to subsection (7) for both informal hearings under |
2831 | subsection (4) and formal hearings under subsection (6), the |
2832 | department shall: |
2833 | (a) sustain the disqualification for the time period |
2834 | described in 49 C.F.R. s. 383.51 a period of 1 year for a first |
2835 | refusal, or permanently if such person has been previously |
2836 | disqualified from operating a commercial motor vehicle under |
2837 | this section. The disqualification period commences on the date |
2838 | of the issuance of the notice of disqualification. |
2839 | (b) Sustain the disqualification: |
2840 | 1. For a period of 1 year if the person was driving or in |
2841 | actual physical control of a commercial motor vehicle, or any |
2842 | motor vehicle if the driver holds a commercial driver's license, |
2843 | and had an unlawful blood-alcohol level or breath-alcohol level |
2844 | of 0.08 or higher; or |
2845 | 2. Permanently if the person has been previously |
2846 | disqualified from operating a commercial motor vehicle under |
2847 | this section or his or her driving privilege has been previously |
2848 | suspended for driving or being in actual physical control of a |
2849 | commercial motor vehicle, or any motor vehicle if the driver |
2850 | holds a commercial driver's license, and had an unlawful blood- |
2851 | alcohol level or breath-alcohol level of 0.08 or higher. |
2852 |
|
2853 | The disqualification period commences on the date of the |
2854 | issuance of the notice of disqualification. |
2855 | (11) The formal review hearing may be conducted upon a |
2856 | review of the reports of a law enforcement officer or a |
2857 | correctional officer, including documents relating to the |
2858 | administration of a breath test or blood test or the refusal to |
2859 | take a breath, blood, or urine either test. However, as provided |
2860 | in subsection (6), the driver may subpoena the officer or any |
2861 | person who administered or analyzed a breath or blood test. |
2862 | Section 74. Section 328.30, Florida Statutes, is amended |
2863 | to read: |
2864 | 328.30 Transactions by electronic or telephonic means.- |
2865 | (1) The department may is authorized to accept any |
2866 | application provided for under this chapter by electronic or |
2867 | telephonic means. |
2868 | (2) The department may issue an electronic certificate of |
2869 | title in lieu of printing a paper title. |
2870 | (3) The department may collect and use electronic mail |
2871 | addresses for the purpose of providing renewal notices in lieu |
2872 | of the United States Postal Service. |
2873 | Section 75. Subsection (17) of section 328.72, Florida |
2874 | Statutes, is renumbered as subsection (18) and a new subsection |
2875 | (17) is added to that section to read: |
2876 | 328.72 Classification; registration; fees and charges; |
2877 | surcharge; disposition of fees; fines; marine turtle stickers.- |
2878 | (17) Notwithstanding subsection (11), the department and |
2879 | the tax collectors acting as agents for the department shall |
2880 | provide a complete list of voluntary contributions authorized by |
2881 | law to customers applying for registration or renewal |
2882 | registration. The renewal application forms must include either |
2883 | a complete list of all authorized voluntary contributions or the |
2884 | department's website address which provides a complete list and |
2885 | information on all authorized voluntary contributions. The |
2886 | department or a tax collector may include on the renewal forms a |
2887 | complete list of authorized voluntary contributions and the |
2888 | department's website address. Customers renewing a registration |
2889 | at either a tax collector's office or a department office shall |
2890 | be provided information on voluntary contribution options. |
2891 | Section 76. Subsection (2) of section 413.012, Florida |
2892 | Statutes, is amended to read: |
2893 | 413.012 Confidential records disclosure prohibited; |
2894 | exemptions.- |
2895 | (2) It is unlawful for any person to disclose, authorize |
2896 | the disclosure, solicit, receive, or make use of any list of |
2897 | names and addresses or any record containing any information set |
2898 | forth in subsection (1) and maintained in the division. The |
2899 | prohibition provided for in this subsection shall not apply to |
2900 | the use of such information for purposes directly connected with |
2901 | the administration of the vocational rehabilitation program or |
2902 | with the monthly dispatch to the Division of Driver Licenses of |
2903 | the Department of Highway Safety and Motor Vehicles of the name |
2904 | in full, place and date of birth, sex, social security number, |
2905 | and resident address of individuals with central visual acuity |
2906 | 20/200 or less in the better eye with correcting glasses, or a |
2907 | disqualifying field defect in which the peripheral field has |
2908 | contracted to such an extent that the widest diameter or visual |
2909 | field subtends an angular distance no greater than 20 degrees. |
2910 | When requested in writing by an applicant or client, or her or |
2911 | his representative, the Division of Blind Services shall release |
2912 | confidential information to the applicant or client or her or |
2913 | his representative. |
2914 | Section 77. Paragraph (f) of subsection (13) of section |
2915 | 713.78, Florida Statutes, is amended to read: |
2916 | 713.78 Liens for recovering, towing, or storing vehicles |
2917 | and vessels.- |
2918 | (13) |
2919 | (f) This subsection applies only to the annual renewal in |
2920 | the registered owner's birth month of a motor vehicle |
2921 | registration and does not apply to the transfer of a |
2922 | registration of a motor vehicle sold by a motor vehicle dealer |
2923 | licensed under chapter 320, except for the transfer of |
2924 | registrations which is inclusive of the annual renewals. This |
2925 | subsection does not apply to any vehicle registered in the name |
2926 | of the lessor. This subsection does not affect the issuance of |
2927 | the title to a motor vehicle, notwithstanding s. |
2928 | 319.23(8)(7)(b). |
2929 | Section 78. (1) This section may be cited as the "To |
2930 | Inform Families First Act." |
2931 | (2) The Department of Highway Safety and Motor Vehicles is |
2932 | encouraged to educate the law enforcement community and the |
2933 | general public about the importance of making certain that |
2934 | drivers are aware of and use the Emergency Contact Information |
2935 | program, established by the department. The department shall |
2936 | provide signs for the driver license offices to advertise the |
2937 | program. This voluntary program allows each driver the |
2938 | opportunity to register the names of up to two individuals as |
2939 | the person he or she would want to be contacted if he or she is |
2940 | involved in a crash. |
2941 | Section 79. Except as otherwise expressly provided in this |
2942 | act, this act shall take effect July 1, 2011. |