CS/CS/CS/HB 1353

1
A bill to be entitled
2An act relating to highway safety and motor vehicles;
3amending s. 20.24, F.S.; specifying that the executive
4director of the Department of Highway Safety and Motor
5Vehicles serves at the pleasure of the Governor and
6Cabinet; creating a Division of Motorist Services within
7the department; eliminating the Division of Driver
8Licenses and the Division of Motor Vehicles; amending ss.
9261.03 and 288.816, F.S., relating to off-highway vehicle
10safety and recreation and Consul Corps license plates,
11respectively; conforming references; amending s. 311.121,
12F.S., relating to membership of the Seaport Security
13Officer Qualification, Training, and Standards
14Coordinating Council; conforming provisions to changes
15made by the act; amending s. 316.003, F.S.; revising
16definitions and defining the term "swamp buggy" for
17purposes of the Florida Uniform Traffic Control Law;
18reenacting s. 316.065(4), F.S., relating to crash
19reports, to incorporate changes made to s. 316.066, F.S.,
20by chapter 2010-163, Laws of Florida; amending s.
21316.1933, F.S.; revising provisions for a health care
22provider to notify a law enforcement agency if the
23provider becomes aware that a person's blood-alcohol
24level meets or exceeds a specified blood-alcohol level;
25authorizing a health care provider to notify a law
26enforcement agency after detecting the presence of a
27controlled substance in the blood of a driver injured in
28a motor vehicle crash; amending s. 316.1957, F.S.,
29relating to parking violations; conforming a reference;
30amending s. 316.2065, F.S.; revising safety standard
31requirements for bicycle helmets that must be worn by
32certain riders and passengers; revising requirements for
33a bicycle operator to ride in a bicycle lane or along the
34curb or edge of the roadway; providing for enforcement of
35requirements for bicycle lighting equipment; providing
36penalties for violations; providing for dismissal of the
37charge following a first offense under certain
38circumstances; amending s. 316.2085, F.S.; requiring the
39license tag of a motorcycle or moped to remain clearly
40visible from the rear; prohibiting deliberate acts to
41conceal or obscure the tag; providing for certain tags to
42be affixed perpendicularly; amending ss. 316.2122,
43316.2124, 316.21265, 316.3026, and 316.550, F.S.,
44relating to low-speed vehicles, disability access
45vehicles, all-terrain and utility vehicles, motor
46carriers, and special permits, respectively; conforming
47cross-references; amending s. 316.545, F.S.; providing
48for the regulation of apportionable vehicles; amending s.
49316.613, F.S.; providing an exception for certain for-
50hire passenger vehicles from provisions requiring the use
51of child restraint devices in motor vehicles; amending s.
52317.0003, F.S., relating to off-highway vehicles;
53conforming a cross-reference; amending s. 317.0016, F.S.;
54eliminating a requirement that the department provide
55expedited service for certificates of repossession;
56amending s. 318.14, F.S.; clarifying provisions
57authorizing a person cited for a noncriminal traffic
58infraction to elect to attend a driver improvement course
59or enter a plea of nolo contendere; amending s. 318.1451,
60F.S.; requiring the curricula of driver improvement
61schools to include instruction on the dangers of driving
62while distracted; amending s. 318.15, F.S., relating to
63the suspension of driving privileges; conforming a
64reference; amending s. 319.14, F.S.; prohibiting a person
65from knowingly offering for sale, selling, or exchanging
66certain vehicles unless the department has stamped in a
67conspicuous place on the certificate of title words
68stating that the vehicle is a custom vehicle or street
69rod vehicle; defining the terms "custom vehicle" and
70"street rod"; providing requirements for inspection and
71issuance of a rebuilt title; amending s. 319.225, F.S.;
72revising provisions for vehicle certificates of title;
73revising requirements for the transfer and reassignment
74forms for vehicles; revising dealer submission
75requirements; requiring a dealer selling a vehicle out of
76state to mail a copy of the power of attorney form to the
77department; providing for the electronic transfer of a
78vehicle title; amending s. 319.23, F.S.; providing for
79the application for a certificate of title, corrected
80certificate, or assignment or reassignment to be filed
81from the consummation of the sale of a mobile home;
82authorizing the department to accept a bond if the
83applicant for a certificate of title is unable to provide
84a title that assigns the prior owner's interest in the
85motor vehicle; providing requirements for the bond and
86the affidavit; providing for future expiration of the
87bond; amending s. 319.28, F.S.; eliminating certain
88requirements that a lienholder obtain a certificate of
89repossession following repossession of a vehicle or
90mobile home; amending s. 319.323, F.S., relating to title
91offices for expedited service; conforming provisions to
92changes made by the act; amending s. 319.40, F.S.;
93authorizing the department to issue electronic
94certificates of title and use electronic mail addresses
95for purposes of certain notifications; amending s.
96320.01, F.S.; revising definitions; excluding special
97mobile equipment and swamp buggies from the meaning of
98the term "motor vehicle"; deleting an obsolete
99definition; revising the gross vehicle weight for
100purposes of defining the terms "apportionable vehicle"
101and "commercial motor vehicle"; defining the term "swamp
102buggy"; amending s. 320.02, F.S.; providing that an
103active-duty military member is exempt from the
104requirement to provide an address on an application for
105vehicle registration; requiring the application forms for
106motor vehicle registration and renewal of registration to
107include language permitting the applicant to make a
108voluntary contribution to End Hunger in Florida, Take
109Stock In Children, Autism Services and Supports, and
110Support Our Troops; requiring certain information related
111to voluntary contributions; providing requirements for
112renewal applications; requiring the department to retain
113certain records for a specified period; amending s.
114320.023, F.S.; relating to voluntary contributions;
115revising provisions regarding requests to establish
116voluntary contributions; conforming provisions to changes
117made by the act; amending s. 320.03, F.S., relating to
118the International Registration Plan; conforming
119provisions to changes made by the act; amending s.
120320.05, F.S.; deleting a provision requiring that the
121department provide a procedures manual for a fee;
122clarifying that the creation and maintenance of records
123by the Division of Motorist Services is not a law
124enforcement function of agency recordkeeping; amending s.
125320.06, F.S.; authorizing the department to conduct a
126pilot program to evaluate alternative license plate
127technologies for use on government-owned motor vehicles;
128exempting plates in the pilot program from specified
129license plate design and construction requirements;
130amending s. 320.061, F.S.; providing that it is a
131noncriminal traffic infraction to alter a temporary
132license plate; amending s. 320.071, F.S.; providing for
133the renewal of registration for an apportionable vehicle
134that is registered under the International Registration
135Plan; amending s. 320.0715, F.S.; clarifying provisions
136requiring the registration of apportionable vehicles
137under the International Registration Plan; amending s.
138320.08, F.S., relating to license taxes; conforming
139cross-references; amending s. 320.08068, F.S.; revising
140use of funds received from the sale of motorcycle
141specialty license plates; amending s. 320.0847, F.S.,
142relating to license plates for mini trucks and low-speed
143vehicles; conforming cross-references; amending s.
144320.0848, F.S.; revising the requirements for the deposit
145of fee proceeds from temporary disabled parking permits;
146amending s. 320.089, F.S.; providing for the issuance of
147a Combat Infantry Badge license plate; providing
148qualifications and requirements for the plate; providing
149for the use of proceeds from the sale of the plate;
150amending s. 320.27, F.S.; exempting salvage motor vehicle
151dealers from certain security requirements; amending s.
152320.275, F.S., relating to the Automobile Dealers
153Industry Advisory Board; conforming provisions to the
154elimination of the Division of Motor Vehicles within the
155department; amending s. 320.771, F.S.; providing criteria
156for a dealer to apply for a certificate of title to a
157recreational vehicle under certain circumstances;
158amending s. 320.95, F.S.; authorizing the department to
159use electronic mail addresses for the purpose of
160providing license renewal notices; amending s. 321.02,
161F.S.; designating the director of the Division of Highway
162Patrol of the department as the Colonel of the Florida
163Highway Patrol; amending s. 322.02, F.S.; providing for a
164director of the Division of Motorist Services; amending
165s. 322.04, F.S.; revising provisions exempting a
166nonresident from the requirement to obtain a driver's
167license under certain circumstances; amending s. 322.051,
168F.S.; revising requirements by which an applicant for an
169identification card may prove nonimmigrant
170classification; clarifying the validity of an
171identification card based on specified documents;
172amending s. 322.058, F.S., relating to renewal of motor
173vehicle registration; conforming a cross-reference;
174amending s. 322.065, F.S.; revising the period of
175expiration that constitutes the offense of driving with
176an expired driver's license; amending s. 322.07, F.S.;
177revising qualifications for obtaining a temporary
178commercial instruction permit; amending s. 322.08, F.S.;
179revising requirements by which an applicant for a
180driver's license may prove nonimmigrant classification;
181clarifying the validity of a license based on specified
182documents; providing for driver's license application
183forms to allow the applicant to make a voluntary
184contribution to Autism Services and Supports and Support
185Our Troops, Inc.; requiring certain information related
186to voluntary contributions; providing requirements for
187renewal applications; authorizing the department to use
188electronic mail addresses for the purposes of providing
189license renewal notices; amending s. 322.081, F.S.,
190relating to requests to establish voluntary
191contributions; conforming provisions to changes made by
192the act; amending s. 322.095, F.S.; requiring the
193curricula of traffic law and substance abuse education
194courses to include instruction on the dangers of driving
195while distracted; amending s. 322.12, F.S.; deleting
196provisions requiring a separate examination for
197applicants for a license to operate a motorcycle;
198requiring that the motorcycle safety course for a first-
199time applicant include a final examination; requiring
200that completion of the course be indicated on the
201license; amending s. 322.121, F.S.; clarifying provisions
202authorizing the automatic extension of a license for
203members of the Armed Forces or their dependents while
204serving on active duty outside the state; amending s.
205322.14, F.S.; deleting a requirement that applicants for
206specified licenses appear in person for issuance of a
207color photographic or digital imaged driver's license;
208amending s. 322.19, F.S., providing that certain persons
209with a valid student identification card are presumed not
210to have changed their legal residence or mailing address;
211amending s. 322.20, F.S., relating to department records;
212conforming provisions to changes made by the act;
213amending s. 322.202, F.S.; clarifying that the Division
214of Motorist Services is not a law enforcement agency;
215amending s. 322.21, F.S., relating to handling and
216collecting license fees; conforming provisions to changes
217made by the act; authorizing a driver to renew his or her
218driver's license during a specified period before the
219license expiration date; amending s. 322.22, F.S.;
220clarifying provisions authorizing the department to
221cancel a driver's license; authorizing the department to
222cancel a license upon determining that the licensee is
223not entitled to the license; amending s. 322.2615, F.S.,
224relating to a person's right to review of a license
225suspension; revising provisions for a formal review
226hearing and enforcement of a subpoena; amending s.
227322.34, F.S.; providing that a person who commits a
228certain infraction shall not have a vehicle impounded or
229immobilized; amending s. 322.53, F.S.; revising
230provisions exempting certain farmers and drivers who
231operate straight trucks from the requirement to obtain a
232commercial driver's license; amending s. 322.54, F.S.;
233requiring that the driver's license classification be
234determined by the actual weight of the vehicle under
235certain circumstances; repealing s. 322.58, F.S.,
236relating to holders of chauffeur's licenses; amending s.
237322.59, F.S.; requiring that the department disqualify a
238driver holding a commercial driver's license who fails to
239comply with specified federal certification requirements;
240amending s. 322.61, F.S.; providing that the holder of a
241commercial driver's license is permanently disqualified
242from operating a commercial motor vehicle following two
243violations of specified offenses committed while
244operating any vehicle; amending s. 322.64, F.S.;
245providing that a notice of disqualification from
246operating a commercial motor vehicle acts as a conviction
247for purposes of certain federal restrictions imposed for
248the offense of operating a commercial motor vehicle while
249under the influence of alcohol; deleting provisions
250authorizing the department to impose certain alternative
251restrictions for such offense; amending s. 328.30, F.S.;
252authorizing the department to issue electronic
253certificates of title for vessels and use electronic mail
254addresses for purposes of providing renewal notices;
255amending s. 328.72, F.S., relating to registration of
256vessels; requiring certain information related to
257voluntary contributions; providing requirements for
258renewal applications; amending s. 413.012, F.S., relating
259to a prohibition on disclosing confidential records held
260by the department; conforming provisions to changes made
261by the act; amending s. 713.78, F.S., relating to renewal
262of motor vehicle registration; conforming a cross-
263reference; providing a short title; providing for a
264voluntary emergency contact information program
265established by the department; providing effective dates.
266
267Be It Enacted by the Legislature of the State of Florida:
268
269     Section 1.  Section 20.24, Florida Statutes, is amended to
270read:
271     20.24  Department of Highway Safety and Motor Vehicles.-
272There is created a Department of Highway Safety and Motor
273Vehicles.
274     (1)  The head of the Department of Highway Safety and Motor
275Vehicles is the Governor and Cabinet. An executive director
276shall serve at the pleasure of the Governor and Cabinet. The
277executive director may establish a command, operational, and
278administrative services structure to assist, manage, and support
279the department in operating programs and delivering services.
280     (2)  The following divisions, and bureaus within the
281divisions, of the Department of Highway Safety and Motor
282Vehicles 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
288Statutes, is amended to read:
289     261.03  Definitions.-As used in this chapter, the term:
290     (9)  "ROV" means any motorized recreational off-highway
291vehicle 64 inches or less in width, having a dry weight of 2,000
292pounds or less, designed to travel on four or more nonhighway
293tires, having nonstraddle seating and a steering wheel, and
294manufactured for recreational use by one or more persons. The
295term "ROV" does not include a golf cart as defined in ss.
296320.01(22) and 316.003(68) or a low-speed vehicle as defined in
297s. 320.01(42).
298     Section 3.  Paragraph (e) of subsection (2) of section
299288.816, Florida Statutes, is amended to read:
300     288.816  Intergovernmental relations.-
301     (2)  The Office of Tourism, Trade, and Economic Development
302shall be responsible for all consular relations between the
303state and all foreign governments doing business in Florida. The
304office shall monitor United States laws and directives to ensure
305that all federal treaties regarding foreign privileges and
306immunities are properly observed. The office shall promulgate
307rules which shall:
308     (e)  Verify entitlement to issuance of special motor
309vehicle license plates by the Division of Motor Vehicles of the
310Department of Highway Safety and Motor Vehicles to honorary
311consuls or such other officials representing foreign governments
312who are not entitled to issuance of special Consul Corps license
313plates by the United States Government.
314     Section 4.  Paragraph (a) of subsection (3) of section
315311.121, Florida Statutes, is amended to read:
316     311.121  Qualifications, training, and certification of
317licensed security officers at Florida seaports.-
318     (3)  The Seaport Security Officer Qualification, Training,
319and Standards Coordinating Council is created under the
320Department of Law Enforcement.
321     (a)  The executive director of the Department of Law
322Enforcement shall appoint 11 members to the council, to include:
323     1.  The seaport administrator of the Department of Law
324Enforcement.
325     2.  The Commissioner of Education or his or her designee.
326     3.  The director of the Division of Licensing of the
327Department of Agriculture and Consumer Services.
328     4.  The administrator of the Florida Seaport Transportation
329and Economic Development Council.
330     5.  Two seaport security directors from seaports designated
331under 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
336of the Department of Highway Safety and Motor Vehicles.
337     Section 5.  Subsections (2) and (21) of section 316.003,
338Florida Statutes, are amended, and subsection (89) is added to
339that section, to read:
340     316.003  Definitions.-The following words and phrases, when
341used in this chapter, shall have the meanings respectively
342ascribed to them in this section, except where the context
343otherwise requires:
344     (2)  BICYCLE.-Every vehicle propelled solely by human
345power, and every motorized bicycle propelled by a combination of
346human power and a an electric helper motor capable of propelling
347the vehicle at a speed of not more than 20 miles per hour on
348level ground upon which any person may ride, having two tandem
349wheels, and including any device generally recognized as a
350bicycle though equipped with two front or two rear wheels. The
351term does not include such a vehicle with a seat height of no
352more than 25 inches from the ground when the seat is adjusted to
353its highest position or a scooter or similar device. No person
354under the age of 16 may operate or ride upon a motorized
355bicycle.
356     (21)  MOTOR VEHICLE.-Any self-propelled vehicle not
357operated upon rails or guideway, but not including any bicycle,
358motorized scooter, electric personal assistive mobility device,
359swamp buggy, or moped.
360     (89)  SWAMP BUGGY.-A motorized off-road vehicle designed to
361travel over swampy terrain, which may use large tires or tracks
362operated from an elevated platform, and may be used upon varied
363terrain. A swamp buggy does not include any vehicle defined in
364chapter 261 or otherwise defined or classified in this chapter.
365A swamp buggy may not be operated upon the public roads,
366streets, or highways of this state, except to the extent
367specifically authorized by a state or federal agency to be used
368exclusively upon lands, managed, owned, or leased by that
369agency.
370     Section 6.  For the purpose of incorporating the amendment
371made by chapter 2010-163, Laws of Florida, to section 316.066,
372Florida Statutes, in a reference thereto, subsection (4) of
373section 316.065, Florida Statutes, is reenacted retroactive to
374July 1, 2010, to read:
375     316.065  Crashes; reports; penalties.-
376     (4)  Any person who knowingly repairs a motor vehicle
377without having made a report as required by subsection (3) is
378guilty of a misdemeanor of the first degree, punishable as
379provided in s. 775.082 or s. 775.083. The owner and driver of a
380vehicle involved in a crash who makes a report thereof in
381accordance with subsection (1) or s. 316.066(1) is not liable
382under this section.
383     Section 7.  Subsection (1) of section 316.066, Florida
384Statutes, as amended by chapter 2010-163, Laws of Florida,
385reads:
386     316.066  Written reports of crashes.-
387     (1)(a)  A Florida Traffic Crash Report, Long Form is
388required to be completed and submitted to the department within
38910 days after completing an investigation by every law
390enforcement officer who in the regular course of duty
391investigates 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.
394316.193.
395     3.  In which a vehicle was rendered inoperative to a degree
396that required a wrecker to remove it from traffic, if such
397action is appropriate, in the officer's discretion.
398     (b)  In every crash for which a Florida Traffic Crash
399Report, Long Form is not required by this section, the law
400enforcement officer may complete a short-form crash report or
401provide a short-form crash report to be completed by each party
402involved 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
408the officer investigating the crash.
409     6.  The names of the insurance companies for the respective
410parties involved in the crash.
411     (c)  Each party to the crash shall provide the law
412enforcement officer with proof of insurance to be included in
413the crash report. If a law enforcement officer submits a report
414on the accident, proof of insurance must be provided to the
415officer by each party involved in the crash. Any party who fails
416to provide the required information commits a noncriminal
417traffic infraction, punishable as a nonmoving violation as
418provided in chapter 318, unless the officer determines that due
419to injuries or other special circumstances such insurance
420information cannot be provided immediately. If the person
421provides the law enforcement agency, within 24 hours after the
422crash, proof of insurance that was valid at the time of the
423crash, the law enforcement agency may void the citation.
424     (d)  The driver of a vehicle that was in any manner
425involved in a crash resulting in damage to any vehicle or other
426property in an amount of $500 or more, which crash was not
427investigated by a law enforcement agency, shall, within 10 days
428after the crash, submit a written report of the crash to the
429department or traffic records center. The entity receiving the
430report may require witnesses of crashes to render reports and
431may require any driver of a vehicle involved in a crash of which
432a written report must be made as provided in this section to
433file supplemental written reports whenever the original report
434is deemed insufficient by the receiving entity.
435     (e)  Short-form crash reports prepared by law enforcement
436shall be maintained by the law enforcement officer's agency.
437     Section 8.  Paragraph (a) of subsection (2) of section
438316.1933, Florida Statutes, is amended to read:
439     316.1933  Blood test for impairment or intoxication in
440cases of death or serious bodily injury; right to use reasonable
441force.-
442     (2)(a)  Only a physician, certified paramedic, registered
443nurse, licensed practical nurse, other personnel authorized by a
444hospital to draw blood, or duly licensed clinical laboratory
445director, supervisor, technologist, or technician, acting at the
446request of a law enforcement officer, may withdraw blood for the
447purpose of determining the alcoholic content thereof or the
448presence of chemical substances or controlled substances
449therein. However, the failure of a law enforcement officer to
450request the withdrawal of blood shall not affect the
451admissibility of a test of blood withdrawn for medical purposes.
452     1.  Notwithstanding any provision of law pertaining to the
453confidentiality of hospital records or other medical records, if
454a health care provider, who is providing medical care in a
455health care facility to a driver person injured in a motor
456vehicle crash, becomes aware, as a result of any blood test
457performed in the course of that medical treatment, that the
458person's blood-alcohol level meets or exceeds the blood-alcohol
459level specified in s. 316.193(1)(b), or detects the presence of
460a controlled substance listed in s. 893.03(1), the health care
461provider may notify any law enforcement officer or law
462enforcement agency. Any such notice must be given within a
463reasonable time after the health care provider receives the test
464result. Any such notice shall be used only for the purpose of
465providing the law enforcement officer with reasonable cause to
466request the withdrawal of a blood sample pursuant to this
467section.
468     2.  The notice shall consist only of the name of the person
469being treated, the name of the person who drew the blood, the
470blood-alcohol level indicated by the test, and the date and time
471of the administration of the test.
472     3.  Nothing contained in s. 395.3025(4), s. 456.057, or any
473applicable practice act affects the authority to provide notice
474under this section, and the health care provider is not
475considered to have breached any duty owed to the person under s.
476395.3025(4), s. 456.057, or any applicable practice act by
477providing notice or failing to provide notice. It shall not be a
478breach of any ethical, moral, or legal duty for a health care
479provider to provide notice or fail to provide notice.
480     4.  A civil, criminal, or administrative action may not be
481brought against any person or health care provider participating
482in good faith in the provision of notice or failure to provide
483notice as provided in this section. Any person or health care
484provider participating in the provision of notice or failure to
485provide notice as provided in this section shall be immune from
486any civil or criminal liability and from any professional
487disciplinary action with respect to the provision of notice or
488failure to provide notice under this section. Any such
489participant has the same immunity with respect to participating
490in any judicial proceedings resulting from the notice or failure
491to provide notice.
492     Section 9.  Section 316.1957, Florida Statutes, is amended
493to read:
494     316.1957  Parking violations; designated parking spaces for
495persons who have disabilities.-When evidence is presented in any
496court of the fact that any motor vehicle was parked in a
497properly designated parking space for persons who have
498disabilities in violation of s. 316.1955, it is prima facie
499evidence that the vehicle was parked and left in the space by
500the person, firm, or corporation in whose name the vehicle is
501registered and licensed according to the records of the
502department Division of Motor Vehicles.
503     Section 10.  Paragraph (d) of subsection (3) and
504subsections (5) and (8) of section 316.2065, Florida Statutes,
505are amended to read:
506     316.2065  Bicycle regulations.-
507     (3)
508     (d)  A bicycle rider or passenger who is under 16 years of
509age must wear a bicycle helmet that is properly fitted and is
510fastened securely upon the passenger's head by a strap, and that
511meets the federal safety standard for bicycle helmets, final
512rule, 16 C.F.R. part 1203. Helmets purchased before October 1,
5132011, and meeting standards of the American National Standards
514Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards
515of the Snell Memorial Foundation (1984 Standard for Protective
516Headgear for Use in Bicycling), or any other nationally
517recognized standards for bicycle helmets adopted by the
518department may continue to be worn by riders or passengers until
519January 1, 2015. As used in this subsection, the term
520"passenger" includes a child who is riding in a trailer or
521semitrailer attached to a bicycle.
522     (5)(a)  Any person operating a bicycle upon a roadway at
523less than the normal speed of traffic at the time and place and
524under the conditions then existing shall ride in the lane marked
525for bicycle use or, if no lane is marked for bicycle use, as
526close as practicable to the right-hand curb or edge of the
527roadway except under any of the following situations:
528     1.  When overtaking and passing another bicycle or vehicle
529proceeding in the same direction.
530     2.  When preparing for a left turn at an intersection or
531into a private road or driveway.
532     3.  When reasonably necessary to avoid any condition or
533potential conflict, including, but not limited to, a fixed or
534moving object, parked or moving vehicle, bicycle, pedestrian,
535animal, surface hazard, turn lane, or substandard-width lane,
536which that makes it unsafe to continue along the right-hand curb
537or edge or within a bicycle lane. For the purposes of this
538subsection, a "substandard-width lane" is a lane that is too
539narrow for a bicycle and another vehicle to travel safely side
540by side within the lane.
541     (b)  Any person operating a bicycle upon a one-way highway
542with two or more marked traffic lanes may ride as near the left-
543hand curb or edge of such roadway as practicable.
544     (8)  Every bicycle in use between sunset and sunrise shall
545be equipped with a lamp on the front exhibiting a white light
546visible from a distance of at least 500 feet to the front and a
547lamp and reflector on the rear each exhibiting a red light
548visible from a distance of 600 feet to the rear. A bicycle or
549its rider may be equipped with lights or reflectors in addition
550to those required by this section. A law enforcement officer may
551issue a bicycle safety brochure and a verbal warning to a
552bicycle rider who violates this subsection. A bicycle rider who
553violates this subsection may be issued a citation by a law
554enforcement officer and assessed a fine for a pedestrian
555violation, as provided in s. 318.18. The court shall dismiss the
556charge against a bicycle rider for a first violation of this
557subsection upon proof of purchase and installation of the proper
558lighting equipment.
559     Section 11.  Subsection (3) of section 316.2085, Florida
560Statutes, is amended to read:
561     316.2085  Riding on motorcycles or mopeds.-
562     (3)  The license tag of a motorcycle or moped must be
563permanently affixed to the vehicle and remain clearly visible
564from the rear at all times may not be adjusted or capable of
565being flipped up. Any deliberate act to conceal or obscure No
566device for or method of concealing or obscuring the legibility
567of the license tag of a motorcycle is prohibited shall be
568installed or used. The license tag of a motorcycle or moped may
569be affixed horizontally to the ground so that the numbers and
570letters read from left to right. Alternatively, a Florida
571license tag for a motorcycle or moped for which the numbers and
572letters read from top to bottom may be affixed perpendicularly
573to the ground, provided that the registered owner of the
574motorcycle or moped maintains a prepaid toll account in good
575standing and a transponder associated with the prepaid toll
576account is affixed to the motorcycle or moped. A license tag for
577a motorcycle or moped issued by another jurisdiction for which
578the numbers and letters read from top to bottom may be affixed
579perpendicularly to the ground.
580     Section 12.  Section 316.2122, Florida Statutes, is amended
581to read:
582     316.2122  Operation of a low-speed vehicle or mini truck on
583certain roadways.-The operation of a low-speed vehicle as
584defined in s. 320.01(42) or a mini truck as defined in s.
585320.01(45) on any road as defined in s. 334.03(15) or (33) is
586authorized with the following restrictions:
587     (1)  A low-speed vehicle or mini truck may be operated only
588on streets where the posted speed limit is 35 miles per hour or
589less. This does not prohibit a low-speed vehicle or mini truck
590from crossing a road or street at an intersection where the road
591or street has a posted speed limit of more than 35 miles per
592hour.
593     (2)  A low-speed vehicle must be equipped with headlamps,
594stop lamps, turn signal lamps, taillamps, reflex reflectors,
595parking brakes, rearview mirrors, windshields, seat belts, and
596vehicle identification numbers.
597     (3)  A low-speed vehicle or mini truck must be registered
598and insured in accordance with s. 320.02 and titled pursuant to
599chapter 319.
600     (4)  Any person operating a low-speed vehicle or mini truck
601must have in his or her possession a valid driver's license.
602     (5)  A county or municipality may prohibit the operation of
603low-speed vehicles or mini trucks on any road under its
604jurisdiction if the governing body of the county or municipality
605determines that such prohibition is necessary in the interest of
606safety.
607     (6)  The Department of Transportation may prohibit the
608operation of low-speed vehicles or mini trucks on any road under
609its jurisdiction if it determines that such prohibition is
610necessary in the interest of safety.
611     Section 13.  Section 316.2124, Florida Statutes, is amended
612to read:
613     316.2124  Motorized disability access vehicles.-The
614Department of Highway Safety and Motor Vehicles is directed to
615provide, by rule, for the regulation of motorized disability
616access vehicles as described in s. 320.01(34). The department
617shall provide that motorized disability access vehicles shall be
618registered in the same manner as motorcycles and shall pay the
619same registration fee as for a motorcycle. There shall also be
620assessed, in addition to the registration fee, a $2.50 surcharge
621for motorized disability access vehicles. This surcharge shall
622be paid into the Highway Safety Operating Trust Fund. Motorized
623disability access vehicles shall not be required to be titled by
624the department. The department shall require motorized
625disability access vehicles to be subject to the same safety
626requirements as set forth in this chapter for motorcycles.
627     Section 14.  Subsection (1) of section 316.21265, Florida
628Statutes, is amended to read:
629     316.21265  Use of all-terrain vehicles, golf carts, low-
630speed vehicles, or utility vehicles by law enforcement
631agencies.-
632     (1)  Notwithstanding any provision of law to the contrary,
633any law enforcement agency in this state may operate all-terrain
634vehicles as defined in s. 316.2074, golf carts as defined in s.
635320.01(22), low-speed vehicles as defined in s. 320.01(42), or
636utility vehicles as defined in s. 320.01(43) on any street,
637road, or highway in this state while carrying out its official
638duties.
639     Section 15.  Subsection (1) of section 316.3026, Florida
640Statutes, is amended to read:
641     316.3026  Unlawful operation of motor carriers.-
642     (1)  The Office of Motor Carrier Compliance of the
643Department of Transportation may issue out-of-service orders to
644motor carriers, as defined in s. 320.01(33), who have after
645proper notice failed to pay any penalty or fine assessed by the
646department, or its agent, against any owner or motor carrier for
647violations of state law, refused to submit to a compliance
648review and provide records pursuant to s. 316.302(5) or s.
649316.70, or violated safety regulations pursuant to s. 316.302 or
650insurance requirements found in s. 627.7415. Such out-of-service
651orders shall have the effect of prohibiting the operations of
652any motor vehicles owned, leased, or otherwise operated by the
653motor carrier upon the roadways of this state, until such time
654as the violations have been corrected or penalties have been
655paid. Out-of-service orders issued under this section must be
656approved by the Secretary of Transportation or his or her
657designee. An administrative hearing pursuant to s. 120.569 shall
658be afforded to motor carriers subject to such orders.
659     Section 16.  Subsection (3) of section 316.545, Florida
660Statutes, is amended to read:
661     316.545  Weight and load unlawful; special fuel and motor
662fuel tax enforcement; inspection; penalty; review.-
663     (3)  Any person who violates the overloading provisions of
664this chapter shall be conclusively presumed to have damaged the
665highways of this state by reason of such overloading, which
666damage is hereby fixed as follows:
667     (a)  When the excess weight is 200 pounds or less than the
668maximum herein provided, the penalty shall be $10;
669     (b)  Five cents per pound for each pound of weight in
670excess of the maximum herein provided when the excess weight
671exceeds 200 pounds. However, whenever the gross weight of the
672vehicle or combination of vehicles does not exceed the maximum
673allowable gross weight, the maximum fine for the first 600
674pounds of unlawful axle weight shall be $10;
675     (c)  For a vehicle equipped with fully functional idle-
676reduction technology, any penalty shall be calculated by
677reducing the actual gross vehicle weight or the internal bridge
678weight by the certified weight of the idle-reduction technology
679or by 400 pounds, whichever is less. The vehicle operator must
680present written certification of the weight of the idle-
681reduction technology and must demonstrate or certify that the
682idle-reduction technology is fully functional at all times. This
683calculation is not allowed for vehicles described in s.
684316.535(6);
685     (d)  An apportionable apportioned motor vehicle, as defined
686in s. 320.01, operating on the highways of this state without
687being properly licensed and registered shall be subject to the
688penalties as herein provided; and
689     (e)  Vehicles operating on the highways of this state from
690nonmember International Registration Plan jurisdictions which
691are not in compliance with the provisions of s. 316.605 shall be
692subject 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
696permits.-
697     (5)(a)  The Department of Transportation may issue a
698wrecker special blanket permit to authorize a wrecker as defined
699in s. 320.01(40) to tow a disabled vehicle as defined in s.
700320.01(38) where the combination of the wrecker and the disabled
701vehicle being towed exceeds the maximum weight limits as
702established by s. 316.535.
703     (10)  Whenever any motor vehicle, or the combination of a
704wrecker as defined in s. 320.01(40) and a towed motor vehicle,
705exceeds any weight or dimensional criteria or special
706operational or safety stipulation contained in a special permit
707issued under the provisions of this section, the penalty
708assessed to the owner or operator shall be as follows:
709     (a)  For violation of weight criteria contained in a
710special permit, the penalty per pound or portion thereof
711exceeding the permitted weight shall be as provided in s.
712316.545.
713     (b)  For each violation of dimensional criteria in a
714special permit, the penalty shall be as provided in s. 316.516
715and penalties for multiple violations of dimensional criteria
716shall be cumulative except that the total penalty for the
717vehicle shall not exceed $1,000.
718     (c)  For each violation of an operational or safety
719stipulation in a special permit, the penalty shall be an amount
720not to exceed $1,000 per violation and penalties for multiple
721violations of operational or safety stipulations shall be
722cumulative except that the total penalty for the vehicle shall
723not exceed $1,000.
724     (d)  For violation of any special condition that has been
725prescribed in the rules of the Department of Transportation and
726declared on the permit, the vehicle shall be determined to be
727out of conformance with the permit and the permit shall be
728declared null and void for the vehicle, and weight and
729dimensional limits for the vehicle shall be as established in s.
730316.515 or s. 316.535, whichever is applicable, and:
731     1.  For weight violations, a penalty as provided in s.
732316.545 shall be assessed for those weights which exceed the
733limits thus established for the vehicle; and
734     2.  For dimensional, operational, or safety violations, a
735penalty as established in paragraph (c) or s. 316.516, whichever
736is applicable, shall be assessed for each nonconforming
737dimensional, operational, or safety violation and the penalties
738for multiple violations shall be cumulative for the vehicle.
739     Section 18.  Subsection (5) of section 316.613, Florida
740Statutes, 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
744section do not apply to a chauffeur-driven taxi, limousine,
745sedan, van, bus, motor coach, or other passenger vehicle if the
746operator and the motor vehicle are hired and used for the
747transportation of persons for compensation. It is the obligation
748and responsibility of the parent, guardian, or other person
749responsible for a child's welfare, as defined in s. 39.01(47),
750to comply with the requirements of this section.
751     Section 19.  Subsection (9) of section 317.0003, Florida
752Statutes, is amended to read:
753     317.0003  Definitions.-As used in this chapter, the term:
754     (9)  "ROV" means any motorized recreational off-highway
755vehicle 64 inches or less in width, having a dry weight of 2,000
756pounds or less, designed to travel on four or more nonhighway
757tires, having nonstraddle seating and a steering wheel, and
758manufactured for recreational use by one or more persons. The
759term "ROV" does not include a golf cart as defined in ss.
760320.01(22) and 316.003(68) or a low-speed vehicle as defined in
761s. 320.01(42).
762     Section 20.  Section 317.0016, Florida Statutes, is amended
763to read:
764     317.0016  Expedited service; applications; fees.-The
765department shall provide, through its agents and for use by the
766public, expedited service on title transfers, title issuances,
767duplicate titles, and recordation of liens, and certificates of
768repossession. A fee of $7 shall be charged for this service,
769which is in addition to the fees imposed by ss. 317.0007 and
770317.0008, and $3.50 of this fee shall be retained by the
771processing agency. All remaining fees shall be deposited in the
772Incidental Trust Fund of the Division of Forestry of the
773Department of Agriculture and Consumer Services. Application for
774expedited service may be made by mail or in person. The
775department shall issue each title applied for pursuant to this
776section within 5 working days after receipt of the application
777except for an application for a duplicate title certificate
778covered by s. 317.0008(3), in which case the title must be
779issued within 5 working days after compliance with the
780department'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;
784procedures.-
785     (9)  Any person who does not hold a commercial driver's
786license and who is cited while driving a noncommercial motor
787vehicle for an infraction under this section other than a
788violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
789driver exceeds the posted limit by 30 miles per hour or more, s.
790320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
791322.61, or s. 322.62 may, in lieu of a court appearance, elect
792to attend in the location of his or her choice within this state
793a basic driver improvement course approved by the Department of
794Highway Safety and Motor Vehicles. In such a case, adjudication
795must be withheld and points, as provided by s. 322.27, may not
796be assessed. However, a person may not make an election under
797this subsection if the person has made an election under this
798subsection in the preceding 12 months. A person may make no more
799than five elections within his or her lifetime under this
800subsection. The requirement for community service under s.
801318.18(8) is not waived by a plea of nolo contendere or by the
802withholding of adjudication of guilt by a court. If a person
803makes an election to attend a basic driver improvement course
804under this subsection, 18 percent of the civil penalty imposed
805under s. 318.18(3) shall be deposited in the State Courts
806Revenue Trust Fund; however, that portion is not revenue for
807purposes of s. 28.36 and may not be used in establishing the
808budget 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
810license and who is cited while driving a noncommercial motor
811vehicle for an offense listed under this subsection may, in lieu
812of payment of fine or court appearance, elect to enter a plea of
813nolo contendere and provide proof of compliance to the clerk of
814the court, designated official, or authorized operator of a
815traffic violations bureau. In such case, adjudication shall be
816withheld; however, no election shall be made under this
817subsection if such person has made an election under this
818subsection in the 12 months preceding election hereunder. No
819person may make more than three elections under this subsection.
820This subsection applies to the following offenses:
821     1.  Operating a motor vehicle without a valid driver's
822license in violation of the provisions of s. 322.03, s. 322.065,
823or s. 322.15(1), or operating a motor vehicle with a license
824that has been suspended for failure to appear, failure to pay
825civil penalty, or failure to attend a driver improvement course
826pursuant to s. 322.291.
827     2.  Operating a motor vehicle without a valid registration
828in 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
831suspended under s. 61.13016 or s. 322.245 for failure to pay
832child support or for failure to pay any other financial
833obligation as provided in s. 322.245; however, this subparagraph
834does not apply if the license has been suspended pursuant to s.
835322.245(1).
836     5.  Operating a motor vehicle with a license that has been
837suspended under s. 322.091 for failure to meet school attendance
838requirements.
839     Section 22.  Paragraph (a) of subsection (2) of section
840318.1451, Florida Statutes, is amended to read:
841     318.1451  Driver improvement schools.-
842     (2)(a)  In determining whether to approve the courses
843referenced in this section, the department shall consider course
844content designed to promote safety, driver awareness, crash
845avoidance techniques, the dangers of driving while distracted,
846which must specifically include the use of technology while
847driving, and other factors or criteria to improve driver
848performance from a safety viewpoint.
849     Section 23.  Paragraph (a) of subsection (1) of section
850318.15, Florida Statutes, is amended to read:
851     318.15  Failure to comply with civil penalty or to appear;
852penalty.-
853     (1)(a)  If a person fails to comply with the civil
854penalties provided in s. 318.18 within the time period specified
855in s. 318.14(4), fails to enter into or comply with the terms of
856a penalty payment plan with the clerk of the court in accordance
857with ss. 318.14 and 28.246, fails to attend driver improvement
858school, or fails to appear at a scheduled hearing, the clerk of
859the court shall notify the Division of Driver Licenses of the
860Department of Highway Safety and Motor Vehicles of such failure
861within 10 days after such failure. Upon receipt of such notice,
862the department shall immediately issue an order suspending the
863driver's license and privilege to drive of such person effective
86420 days after the date the order of suspension is mailed in
865accordance with s. 322.251(1), (2), and (6). Any such suspension
866of the driving privilege which has not been reinstated,
867including a similar suspension imposed outside Florida, shall
868remain on the records of the department for a period of 7 years
869from the date imposed and shall be removed from the records
870after the expiration of 7 years from the date it is imposed.
871     Section 24.  Section 319.14, Florida Statutes, is amended
872to read:
873     319.14  Sale of motor vehicles registered or used as
874taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
875and nonconforming vehicles, custom vehicles, or street rod
876vehicles.-
877     (1)(a)  A No person may not shall knowingly offer for sale,
878sell, or exchange any vehicle that has been licensed,
879registered, or used as a taxicab, police vehicle, or short-term-
880lease vehicle, or a vehicle that has been repurchased by a
881manufacturer pursuant to a settlement, determination, or
882decision under chapter 681, until the department has stamped in
883a conspicuous place on the certificate of title of the vehicle,
884or its duplicate, words stating the nature of the previous use
885of the vehicle or the title has been stamped "Manufacturer's Buy
886Back" to reflect that the vehicle is a nonconforming vehicle. If
887the certificate of title or duplicate was not so stamped upon
888initial issuance thereof or if, subsequent to initial issuance
889of the title, the use of the vehicle is changed to a use
890requiring the notation provided for in this section, the owner
891or lienholder of the vehicle shall surrender the certificate of
892title or duplicate to the department before prior to offering
893the vehicle for sale, and the department shall stamp the
894certificate or duplicate as required herein. If When a vehicle
895has been repurchased by a manufacturer pursuant to a settlement,
896determination, or decision under chapter 681, the title shall be
897stamped "Manufacturer's Buy Back" to reflect that the vehicle is
898a nonconforming vehicle.
899     (b)  A No person may not shall knowingly offer for sale,
900sell, or exchange a rebuilt vehicle until the department has
901stamped in a conspicuous place on the certificate of title for
902the vehicle words stating that the vehicle has been rebuilt or
903assembled from parts, or is a kit car, glider kit, replica, or
904flood vehicle, custom vehicle, or street rod vehicle unless
905proper application for a certificate of title for a vehicle that
906is rebuilt or assembled from parts, or is a kit car, glider kit,
907replica, or flood vehicle, custom vehicle, or street rod vehicle
908has been made to the department in accordance with this chapter
909and the department has conducted the physical examination of the
910vehicle to assure the identity of the vehicle and all major
911component parts, as defined in s. 319.30(1), which have been
912repaired or replaced. Thereafter, the department shall affix a
913decal to the vehicle, in the manner prescribed by the
914department, showing the vehicle to be rebuilt. A vehicle may not
915be inspected or issued a rebuilt title until all major component
916parts, as defined in s. 319.30, which were damaged have been
917repaired or replaced.
918     (c)  As used in this section, the term:
919     1.  "Police vehicle" means a motor vehicle owned or leased
920by the state or a county or municipality and used in law
921enforcement.
922     2.a.  "Short-term-lease vehicle" means a motor vehicle
923leased without a driver and under a written agreement to one or
924more persons from time to time for a period of less than 12
925months.
926     b.  "Long-term-lease vehicle" means a motor vehicle leased
927without a driver and under a written agreement to one person for
928a period of 12 months or longer.
929     c.  "Lease vehicle" includes both short-term-lease vehicles
930and long-term-lease vehicles.
931     3.  "Rebuilt vehicle" means a motor vehicle or mobile home
932built from salvage or junk, as defined in s. 319.30(1).
933     4.  "Assembled from parts" means a motor vehicle or mobile
934home assembled from parts or combined from parts of motor
935vehicles or mobile homes, new or used. "Assembled from parts"
936does not mean a motor vehicle defined as a "rebuilt vehicle" in
937subparagraph 3., which has been declared a total loss pursuant
938to s. 319.30.
939     5.  "Kit car" means a motor vehicle assembled with a kit
940supplied by a manufacturer to rebuild a wrecked or outdated
941motor vehicle with a new body kit.
942     6.  "Glider kit" means a vehicle assembled with a kit
943supplied by a manufacturer to rebuild a wrecked or outdated
944truck or truck tractor.
945     7.  "Replica" means a complete new motor vehicle
946manufactured to look like an old vehicle.
947     8.  "Flood vehicle" means a motor vehicle or mobile home
948that has been declared to be a total loss pursuant to s.
949319.30(3)(a) resulting from damage caused by water.
950     9.  "Nonconforming vehicle" means a motor vehicle which has
951been purchased by a manufacturer pursuant to a settlement,
952determination, or decision under chapter 681.
953     10.  "Settlement" means an agreement entered into between a
954manufacturer and a consumer that occurs after a dispute is
955submitted to a program, or an informal dispute settlement
956procedure established by a manufacturer or is approved for
957arbitration before the New Motor Vehicle Arbitration Board as
958defined 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
9611948, or was manufactured to resemble a vehicle that is 25 years
962of age or older and of a model year after 1948; and
963     b.  Has been altered from the manufacturer's original
964design or has a body constructed from nonoriginal materials.
965
966The model year and year of manufacture which the body of a
967custom vehicle resembles is the model year and year of
968manufacture listed on the certificate of title, regardless of
969when 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
972after 1948 to resemble a vehicle of a model year of 1948 or
973older; and
974     b.  Has been altered from the manufacturer's original
975design or has a body constructed from nonoriginal materials.
976
977The model year and year of manufacture which the body of a
978street rod resembles is the model year and year of manufacture
979listed on the certificate of title, regardless of when the
980vehicle was actually manufactured.
981     (2)  A No person may not shall knowingly sell, exchange, or
982transfer a vehicle referred to in subsection (1) without, before
983prior to consummating the sale, exchange, or transfer,
984disclosing in writing to the purchaser, customer, or transferee
985the fact that the vehicle has previously been titled,
986registered, or used as a taxicab, police vehicle, or short-term-
987lease vehicle, or is a vehicle that is rebuilt or assembled from
988parts, or is a kit car, glider kit, replica, or flood vehicle,
989or is a nonconforming vehicle, custom vehicle, or street rod
990vehicle, as the case may be.
991     (3)  Any person who, with intent to offer for sale or
992exchange any vehicle referred to in subsection (1), knowingly or
993intentionally advertises, publishes, disseminates, circulates,
994or places before the public in any communications medium,
995whether directly or indirectly, any offer to sell or exchange
996the vehicle shall clearly and precisely state in each such offer
997that the vehicle has previously been titled, registered, or used
998as a taxicab, police vehicle, or short-term-lease vehicle or
999that the vehicle or mobile home is a vehicle that is rebuilt or
1000assembled from parts, or is a kit car, glider kit, replica, or
1001flood vehicle, or is a nonconforming vehicle, custom vehicle, or
1002street rod vehicle, as the case may be. Any person who violates
1003this subsection commits a misdemeanor of the second degree,
1004punishable as provided in s. 775.082 or s. 775.083.
1005     (4)  If When a certificate of title, including a foreign
1006certificate, is branded to reflect a condition or prior use of
1007the titled vehicle, the brand must be noted on the registration
1008certificate of the vehicle and such brand shall be carried
1009forward on all subsequent certificates of title and registration
1010certificates issued for the life of the vehicle.
1011     (5)  Any person who knowingly sells, exchanges, or offers
1012to sell or exchange a motor vehicle or mobile home contrary to
1013the provisions of this section or any officer, agent, or
1014employee of a person who knowingly authorizes, directs, aids in,
1015or consents to the sale, exchange, or offer to sell or exchange
1016a motor vehicle or mobile home contrary to the provisions of
1017this section commits a misdemeanor of the second degree,
1018punishable as provided in s. 775.082 or s. 775.083.
1019     (6)  Any person who removes a rebuilt decal from a rebuilt
1020vehicle with the intent to conceal the rebuilt status of the
1021vehicle commits a felony of the third degree, punishable as
1022provided in s. 775.082, s. 775.083, or s. 775.084.
1023     (7)  This section applies to a mobile home, travel trailer,
1024camping trailer, truck camper, or fifth-wheel recreation trailer
1025only when the such mobile home or vehicle is a rebuilt vehicle
1026or is assembled from parts.
1027     (8)  A No person is not shall be liable or accountable in
1028any civil action arising out of a violation of this section if
1029the designation of the previous use or condition of the motor
1030vehicle is not noted on the certificate of title and
1031registration certificate of the vehicle which was received by,
1032or delivered to, such person, unless the such person has
1033actively concealed the prior use or condition of the vehicle
1034from the purchaser.
1035     (9)  Subsections (1), (2), and (3) do not apply to the
1036transfer of ownership of a motor vehicle after the motor vehicle
1037has ceased to be used as a lease vehicle and the ownership has
1038been transferred to an owner for private use or to the transfer
1039of ownership of a nonconforming vehicle with 36,000 or more
1040miles on its odometer, or 34 months whichever is later and the
1041ownership has been transferred to an owner for private use. Such
1042owner, as shown on the title certificate, may request the
1043department to issue a corrected certificate of title that does
1044not contain the statement of the previous use of the vehicle as
1045a lease vehicle or condition as a nonconforming vehicle.
1046     Section 25.  Section 319.225, Florida Statutes, is amended
1047to read:
1048     319.225  Transfer and reassignment forms; odometer
1049disclosure statements.-
1050     (1)  Every certificate of title issued by the department
1051must contain the following statement on its reverse side:
1052"Federal and state law require the completion of the odometer
1053statement set out below. Failure to complete or providing false
1054information may result in fines, imprisonment, or both."
1055     (2)  Each certificate of title issued by the department
1056must contain on its reverse side a form for transfer of title by
1057the titleholder of record, which form must contain an odometer
1058disclosure statement in the form required by 49 C.F.R. s. 580.5.
1059     (3)  Each certificate of title issued by the department
1060must contain on its reverse side as many forms as space allows
1061for reassignment of title by a licensed dealer as permitted by
1062s. 319.21(3), which form or forms shall contain an odometer
1063disclosure statement in the form required by 49 C.F.R. s. 580.5.
1064When all dealer reassignment forms provided on the back of the
1065title certificate have been filled in, a dealer may reassign the
1066title certificate by using a separate dealer reassignment form
1067issued by the department in compliance with 49 C.F.R. ss. 580.4
1068and 580.5, which form shall contain an original, two carbon
1069copies one of which shall be submitted directly to the
1070department by the dealer within 5 business days after the
1071transfer and a copy, one of which shall be retained by the
1072dealer in his or her records for 5 years. The provisions of this
1073subsection shall also apply to vehicles not previously titled in
1074this state and vehicles whose title certificates do not contain
1075the forms required by this section.
1076     (4)  Upon transfer or reassignment of a certificate of
1077title to a used motor vehicle, the transferor shall complete the
1078odometer disclosure statement provided for by this section and
1079the transferee shall acknowledge the disclosure by signing and
1080printing his or her name in the spaces provided. This subsection
1081does not apply to a vehicle that has a gross vehicle rating of
1082more than 16,000 pounds, a vehicle that is not self-propelled,
1083or a vehicle that is 10 years old or older. A lessor who
1084transfers title to his or her vehicle without obtaining
1085possession of the vehicle shall make odometer disclosure as
1086provided by 49 C.F.R. s. 580.7. Any person who fails to complete
1087or acknowledge a disclosure statement as required by this
1088subsection commits is guilty of a misdemeanor of the second
1089degree, punishable as provided in s. 775.082 or s. 775.083. The
1090department may not issue a certificate of title unless this
1091subsection has been complied with.
1092     (5)  The same person may not sign a disclosure statement as
1093both the transferor and the transferee in the same transaction
1094except as provided in subsection (6).
1095     (6)(a)  If the certificate of title is physically held by a
1096lienholder, the transferor may give a power of attorney to his
1097or her transferee for the purpose of odometer disclosure. The
1098power of attorney must be on a form issued or authorized by the
1099department, which form must be in compliance with 49 C.F.R. ss.
1100580.4 and 580.13. The department shall not require the signature
1101of the transferor to be notarized on the form; however, in lieu
1102of notarization, the form shall include an affidavit with the
1103following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
1104HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
1105ARE TRUE. The transferee shall sign the power of attorney form,
1106print his or her name, and return a copy of the power of
1107attorney form to the transferor. Upon receipt of a title
1108certificate, the transferee shall complete the space for mileage
1109disclosure on the title certificate exactly as the mileage was
1110disclosed by the transferor on the power of attorney form. If
1111the transferee is a licensed motor vehicle dealer who is
1112transferring the vehicle to a retail purchaser, the dealer shall
1113make application on behalf of the retail purchaser as provided
1114in s. 319.23(6) and shall submit the original power of attorney
1115form to the department with the application for title and the
1116transferor's title certificate; otherwise, a dealer may reassign
1117the title certificate by using the dealer reassignment form in
1118the manner prescribed in subsection (3), and, at the time of
1119physical transfer of the vehicle, the original power of attorney
1120shall be delivered to the person designated as the transferee of
1121the dealer on the dealer reassignment form. A copy of the
1122executed power of attorney shall be submitted to the department
1123with a copy of the executed dealer reassignment form within 5
1124business days after the certificate of title and dealer
1125reassignment form are delivered by the dealer to its transferee.
1126     (b)  If the certificate of title is lost or otherwise
1127unavailable, the transferor may give a power of attorney to his
1128or her transferee for the purpose of odometer disclosure. The
1129power of attorney must be on a form issued or authorized by the
1130department, which form must be in compliance with 49 C.F.R. ss.
1131580.4 and 580.13. The department shall not require the signature
1132of the transferor to be notarized on the form; however, in lieu
1133of notarization, the form shall include an affidavit with the
1134following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
1135HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
1136ARE TRUE. The transferee shall sign the power of attorney form,
1137print his or her name, and return a copy of the power of
1138attorney form to the transferor. Upon receipt of the title
1139certificate or a duplicate title certificate, the transferee
1140shall complete the space for mileage disclosure on the title
1141certificate exactly as the mileage was disclosed by the
1142transferor on the power of attorney form. If the transferee is a
1143licensed motor vehicle dealer who is transferring the vehicle to
1144a retail purchaser, the dealer shall make application on behalf
1145of the retail purchaser as provided in s. 319.23(6) and shall
1146submit the original power of attorney form to the department
1147with the application for title and the transferor's title
1148certificate or duplicate title certificate; otherwise, a dealer
1149may reassign the title certificate by using the dealer
1150reassignment form in the manner prescribed in subsection (3),
1151and, at the time of physical transfer of the vehicle, the
1152original power of attorney shall be delivered to the person
1153designated as the transferee of the dealer on the dealer
1154reassignment form. If the dealer sells the vehicle to an out-of-
1155state resident or an out-of-state dealer and the power of
1156attorney form is applicable to the transaction, the dealer must
1157photocopy the completed original of the form and mail it
1158directly to the department within 5 business days after the
1159certificate of title and dealer reassignment form are delivered
1160by the dealer to the purchaser. A copy of the executed power of
1161attorney shall be submitted to the department with a copy of the
1162executed dealer reassignment form within 5 business days after
1163the duplicate certificate of title and dealer reassignment form
1164are delivered by the dealer to its transferee.
1165     (c)  If the mechanics of the transfer of title to a motor
1166vehicle in accordance with the provisions of paragraph (a) or
1167paragraph (b) are determined to be incompatible with and
1168unlawful under the provisions of 49 C.F.R. part 580, the
1169transfer of title to a motor vehicle by operation of this
1170subsection can be effected in any manner not inconsistent with
117149 C.F.R. part 580 and Florida law; provided, any power of
1172attorney form issued or authorized by the department under this
1173subsection shall contain an original, two carbon copies, one of
1174which shall be submitted directly to the department by the
1175dealer within 5 business days of use by the dealer to effect
1176transfer of a title certificate as provided in paragraphs (a)
1177and (b) and a copy, one of which shall be retained by the dealer
1178in its records for 5 years.
1179     (d)  Any person who fails to complete the information
1180required by this subsection or to file with the department the
1181forms required by this subsection commits is guilty of a
1182misdemeanor of the second degree, punishable as provided in s.
1183775.082 or s. 775.083. The department shall not issue a
1184certificate of title unless this subsection has been complied
1185with.
1186     (7)  Subject to approval by the National Highway Traffic
1187Safety Administration or any other applicable authority, if a
1188title is held electronically and the transferee agrees to
1189maintain the title electronically, the transferor and transferee
1190shall complete a secure reassignment document that discloses the
1191odometer reading and is signed by both the transferor and
1192transferee at the tax collector's office or license plate
1193agency. A dealer acquiring a motor vehicle that has an
1194electronic title shall use a secure reassignment document signed
1195by the person from whom the dealer acquired the motor vehicle.
1196Upon transferring the motor vehicle to a purchaser, a separate
1197reassignment document shall be executed.
1198     (8)(7)  Each certificate of title issued by the department
1199must contain on its reverse side a minimum of three four spaces
1200for notation of the name and license number of any auction
1201through which the vehicle is sold and the date the vehicle was
1202auctioned. Each separate dealer reassignment form issued by the
1203department must also have the space referred to in this section.
1204When a transfer of title is made at a motor vehicle auction, the
1205reassignment must note the name and address of the auction, but
1206the auction shall not thereby be deemed to be the owner, seller,
1207transferor, or assignor of title. A motor vehicle auction is
1208required to execute a dealer reassignment only when it is the
1209owner of a vehicle being sold.
1210     (9)(8)  Upon transfer or reassignment of a used motor
1211vehicle through the services of an auction, the auction shall
1212complete the information in the space provided for by subsection
1213(8) (7). Any person who fails to complete the information as
1214required by this subsection commits is guilty of a misdemeanor
1215of the second degree, punishable as provided in s. 775.082 or s.
1216775.083. The department shall not issue a certificate of title
1217unless this subsection has been complied with.
1218     (10)(9)  This section shall be construed to conform to 49
1219C.F.R. part 580.
1220     Section 26.  Subsection (6) of section 319.23, Florida
1221Statutes, is amended, present subsections (7) through (11) of
1222that section are renumbered as subsections (8) through (12),
1223respectively, and  a new subsection (7) is added to that
1224section, to read:
1225     319.23  Application for, and issuance of, certificate of
1226title.-
1227     (6)(a)  In the case of the sale of a motor vehicle or
1228mobile home by a licensed dealer to a general purchaser, the
1229certificate of title must be obtained in the name of the
1230purchaser by the dealer upon application signed by the
1231purchaser, and in each other case such certificate must be
1232obtained by the purchaser. In each case of transfer of a motor
1233vehicle or mobile home, the application for a certificate of
1234title, a corrected certificate, or an assignment or reassignment
1235must be filed within 30 days after the delivery of the motor
1236vehicle or from consummation of the sale of a mobile home to the
1237purchaser. An applicant must pay a fee of $20, in addition to
1238all other fees and penalties required by law, for failing to
1239file such application within the specified time. In the case of
1240the sale of a motor vehicle by a licensed motor vehicle dealer
1241to a general purchaser who resides in another state or country,
1242the dealer is not required to apply for a certificate of title
1243for the motor vehicle; however, the dealer must transfer
1244ownership and reassign the certificate of title or
1245manufacturer's certificate of origin to the purchaser, and the
1246purchaser must sign an affidavit, as approved by the department,
1247that the purchaser will title and register the motor vehicle in
1248another state or country.
1249     (b)  If a licensed dealer acquires a motor vehicle or
1250mobile home as a trade-in, the dealer must file with the
1251department, within 30 days, a notice of sale signed by the
1252seller. The department shall update its database for that title
1253record to indicate "sold." A licensed dealer need not apply for
1254a certificate of title for any motor vehicle or mobile home in
1255stock acquired for stock purposes except as provided in s.
1256319.225.
1257     (7)  If an applicant for a certificate of title is unable
1258to provide the department with a certificate of title that
1259assigns the prior owner's interest in the motor vehicle, the
1260department may accept a bond in the form prescribed by the
1261department, along with an affidavit in a form prescribed by the
1262department, which includes verification of the vehicle
1263identification 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
1268business in this state;
1269     4.  In an amount equal to two times the value of the
1270vehicle as determined by the department; and
1271     5.  Conditioned to indemnify all prior owners and
1272lienholders and all subsequent purchasers of the vehicle or
1273persons who acquire a security interest in the vehicle, and
1274their successors in interest, against any expense, loss, or
1275damage, including reasonable attorney's fees, occurring because
1276of the issuance of the certificate of title for the vehicle or
1277for a defect in or undisclosed security interest on the right,
1278title, or interest of the applicant to the vehicle.
1279     (b)  An interested person has a right to recover on the
1280bond for a breach of the bond's condition. The aggregate
1281liability of the surety to all persons may not exceed the amount
1282of the bond.
1283     (c)  A bond under this subsection expires on the third
1284anniversary 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
1288applicant acquired ownership and possession of the motor
1289vehicle;
1290     3.  Disclose that no security interests, liens, or
1291encumbrances against the motor vehicle are known to the
1292applicant against the motor vehicle; and
1293     4.  State that the applicant has the right to have a
1294certificate of title issued.
1295     Section 27.  Paragraph (b) of subsection (2) of section
1296319.28, 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
1300home pursuant to the terms of a security agreement or similar
1301instrument, an affidavit by the party to whom possession has
1302passed stating that the vehicle or mobile home was repossessed
1303upon default in the terms of the security agreement or other
1304instrument shall be considered satisfactory proof of ownership
1305and right of possession. At least 5 days before prior to selling
1306the repossessed vehicle, any subsequent lienholder named in the
1307last issued certificate of title shall be sent notice of the
1308repossession by certified mail, on a form prescribed by the
1309department. If such notice is given and no written protest to
1310the department is presented by a subsequent lienholder within 15
1311days after from the date on which the notice was mailed, the
1312certificate of title or the certificate of repossession shall be
1313issued showing no liens. If the former owner or any subsequent
1314lienholder files a written protest under oath within such 15-day
1315period, the department shall not issue the certificate of title
1316or certificate of repossession for 10 days thereafter. If within
1317the 10-day period no injunction or other order of a court of
1318competent jurisdiction has been served on the department
1319commanding it not to deliver the certificate of title or
1320certificate of repossession, the department shall deliver the
1321certificate of title or repossession to the applicant or as may
1322otherwise be directed in the application showing no other liens
1323than those shown in the application. Any lienholder who has
1324repossessed a vehicle in this state in compliance with the
1325provisions of this section must apply to a tax collector's
1326office in this state or to the department for a certificate of
1327repossession or to the department for a certificate of title
1328pursuant to s. 319.323. Proof of the required notice to
1329subsequent lienholders shall be submitted together with regular
1330title fees. A lienholder to whom a certificate of repossession
1331has been issued may assign the certificate of title to the
1332subsequent owner. Any person who violates found guilty of
1333violating any requirements of this paragraph commits shall be
1334guilty of a felony of the third degree, punishable as provided
1335in s. 775.082, s. 775.083, or s. 775.084.
1336     Section 28.  Section 319.323, Florida Statutes, is amended
1337to read:
1338     319.323  Expedited service; applications; fees.-The
1339department shall establish a separate title office which may be
1340used by private citizens and licensed motor vehicle dealers to
1341receive expedited service on title transfers, title issuances,
1342duplicate titles, and recordation of liens, and certificates of
1343repossession. A fee of $10 shall be charged for this service,
1344which fee is in addition to the fees imposed by s. 319.32. The
1345fee, after deducting the amount referenced by s. 319.324 and
1346$3.50 to be retained by the processing agency, shall be
1347deposited into the General Revenue Fund. Application for
1348expedited service may be made by mail or in person. The
1349department shall issue each title applied for under this section
1350within 5 working days after receipt of the application except
1351for an application for a duplicate title certificate covered by
1352s. 319.23(4), in which case the title must be issued within 5
1353working days after compliance with the department's verification
1354requirements.
1355     Section 29.  Section 319.40, Florida Statutes, is amended
1356to read:
1357     319.40  Transactions by electronic or telephonic means.-
1358     (1)  The department may is authorized to accept any
1359application provided for under this chapter by electronic or
1360telephonic means.
1361     (2)  The department may issue an electronic certificate of
1362title in lieu of printing a paper title.
1363     (3)  The department may collect and use electronic mail
1364addresses as a notification method in lieu of the United States
1365Postal Service, except for any notice regarding the potential
1366forfeiture or foreclosure of an interest in property.
1367     Section 30.  Paragraph (a) of subsection (1) of section
1368320.01, Florida Statutes, is amended, present subsections (24)
1369through (45) are renumbered as subsections (23) through (44),
1370respectively, present subsections (23), (25), and (26) are
1371amended, and a new subsection (45) is added to that section, to
1372read:
1373     320.01  Definitions, general.-As used in the Florida
1374Statutes, except as otherwise provided, the term:
1375     (1)  "Motor vehicle" means:
1376     (a)  An automobile, motorcycle, truck, trailer,
1377semitrailer, truck tractor and semitrailer combination, or any
1378other vehicle operated on the roads of this state, used to
1379transport persons or property, and propelled by power other than
1380muscular power, but the term does not include traction engines,
1381road rollers, special mobile equipment as defined in chapter
1382316, such vehicles as run only upon a track, bicycles, swamp
1383buggies, or mopeds.
1384     (23)  "Apportioned motor vehicle" means any motor vehicle
1385which is required to be registered, or with respect to which an
1386election has been made to register it, under the International
1387Registration Plan.
1388     (24)(25)  "Apportionable vehicle" means any vehicle, except
1389recreational vehicles, vehicles displaying restricted plates,
1390city pickup and delivery vehicles, buses used in transportation
1391of chartered parties, and government-owned vehicles, which is
1392used or intended for use in two or more member jurisdictions
1393that allocate or proportionally register vehicles and which is
1394used for the transportation of persons for hire or is designed,
1395used, or maintained primarily for the transportation of property
1396and:
1397     (a)  Is a power unit having a gross vehicle weight in
1398excess of 26,000 26,001 pounds;
1399     (b)  Is a power unit having three or more axles, regardless
1400of weight; or
1401     (c)  Is used in combination, when the weight of such
1402combination exceeds 26,000 26,001 pounds gross vehicle weight.
1403
1404Vehicles, or combinations thereof, having a gross vehicle weight
1405of 26,000 26,001 pounds or less and two-axle vehicles may be
1406proportionally registered.
1407     (25)(26)  "Commercial motor vehicle" means any vehicle that
1408which is not owned or operated by a governmental entity, that
1409which uses special fuel or motor fuel on the public highways,
1410and that which has a gross vehicle weight of 26,001 pounds or
1411more, or has three or more axles regardless of weight, or is
1412used in combination when the weight of such combination exceeds
141326,000 26,001 pounds gross vehicle weight. A vehicle that
1414occasionally transports personal property to and from a closed-
1415course motorsport facility, as defined in s. 549.09(1)(a), is
1416not a commercial motor vehicle if the use is not for profit and
1417corporate sponsorship is not involved. As used in this
1418subsection, the term "corporate sponsorship" means a payment,
1419donation, gratuity, in-kind service, or other benefit provided
1420to or derived by a person in relation to the underlying
1421activity, other than the display of product or corporate names,
1422logos, or other graphic information on the property being
1423transported.
1424     (45)  SWAMP BUGGY.-A motorized off-road vehicle designed to
1425travel over swampy terrain, which may utilize large tires or
1426tracks operated from an elevated platform, and may be used upon
1427varied terrain. A swamp buggy does not include any vehicle
1428defined in chapter 261 or otherwise defined or classified in
1429this chapter. A swamp buggy may not be operated upon the public
1430roads, streets, or highways of this state, except to the extent
1431specifically authorized by a state or federal agency to be used
1432exclusively upon lands, managed, owned, or leased by that
1433agency.
1434     Section 31.  Subsection (2) of section 320.02, Florida
1435Statutes, is amended, paragraphs (o), (p), (q), and (r) are
1436added to subsection (15), and subsections (18) and (19) are
1437added to that section, to read:
1438     320.02  Registration required; application for
1439registration; forms.-
1440     (2)(a)  The application for registration shall include the
1441street address of the owner's permanent residence or the address
1442of his or her permanent place of business and shall be
1443accompanied by personal or business identification information
1444which may include, but need not be limited to, a driver's
1445license number, Florida identification card number, or federal
1446employer identification number. If the owner does not have a
1447permanent residence or permanent place of business or if the
1448owner's permanent residence or permanent place of business
1449cannot be identified by a street address, the application shall
1450include:
1451     1.  If the vehicle is registered to a business, the name
1452and street address of the permanent residence of an owner of the
1453business, an officer of the corporation, or an employee who is
1454in a supervisory position.
1455     2.  If the vehicle is registered to an individual, the name
1456and street address of the permanent residence of a close
1457relative or friend who is a resident of this state.
1458
1459If the vehicle is registered to an active-duty military member
1460who is a Florida resident, the member is exempt from the
1461requirement to provide a Florida residential address.
1462     (b)  The department shall prescribe a form upon which motor
1463vehicle owners may record odometer readings when registering
1464their motor vehicles.
1465     (15)
1466     (o)  The application form for motor vehicle registration
1467and renewal registration must include language permitting the
1468voluntary contribution of $1 to End Hunger in Florida. The
1469proceeds shall be distributed monthly by the department to the
1470Florida Association of Food Banks, Inc., a corporation not for
1471profit under s. 501(c)(3) of the Internal Revenue Code. The
1472funds shall be used by the organization for the purpose of
1473ending hunger in Florida.
1474     (p)  The application form for motor vehicle registration
1475and renewal of registration must include language permitting a
1476voluntary contribution of $1 to Take Stock In Children. Such
1477contributions shall be transferred by the department each month
1478to Take Stock In Children, Inc.
1479     (q)  The application form for motor vehicle registration
1480and renewal of registration must include language permitting a
1481voluntary contribution of $1 per applicant for Autism Services
1482and Supports. Such contributions must be transferred by the
1483department each month to the Achievement and Rehabilitation
1484Centers, Inc., Autism Services Fund.
1485     (r)  The application form for motor vehicle registration
1486and renewal of registration must include language permitting a
1487voluntary contribution of $1 to Support Our Troops, which shall
1488be distributed monthly to Support Our Troops, Inc., a Florida
1489not-for-profit organization.
1490
1491For the purpose of applying the service charge provided in s.
1492215.20, contributions received under this subsection are not
1493income of a revenue nature.
1494     (18)  Notwithstanding subsections (8), (14), and (15), the
1495department and the tax collectors acting as agents for the
1496department shall provide a complete list of voluntary
1497contributions authorized by law to customers applying for
1498registration or renewal registration. The renewal application
1499forms must include either a complete list of all authorized
1500voluntary contributions or the department's website address
1501which provides a complete list and information on all authorized
1502voluntary contributions. The department or a tax collector may
1503include on the renewal forms a complete list of authorized
1504voluntary contributions and the department's website address.
1505Customers renewing a registration at either a tax collector's
1506office or a department office shall be provided information on
1507voluntary contribution options.
1508     (19)  All electronic registration records shall be retained
1509by the department for not less than 10 years.
1510     Section 32.  Subsections (1) and (3) and paragraph (b) of
1511subsection (4) of section 320.023, Florida Statutes, are amended
1512to read:
1513     320.023  Requests to establish voluntary contribution
1514checkoff on motor vehicle registration application.-
1515     (1)  An organization that seeks authorization to establish
1516a voluntary contribution on a motor vehicle registration
1517application must submit to the department:
1518     (a)  A request for the particular voluntary contribution
1519being sought, describing the proposed voluntary contribution in
1520general terms.
1521     (b)  An application fee, not to exceed $10,000 to defray
1522the department's cost for reviewing the application and
1523developing the voluntary contribution checkoff or website, if
1524authorized. State funds may not be used to pay the application
1525fee.
1526     (c)  A marketing strategy outlining short-term and long-
1527term marketing plans for the requested voluntary contribution
1528and a financial analysis outlining the anticipated revenues and
1529the planned expenditures of the revenues to be derived from the
1530voluntary contribution.
1531
1532The information required under this subsection must be submitted
1533to the department at least 90 days before the convening of the
1534next regular session of the Legislature.
1535     (3)  The department must include any voluntary
1536contributions approved by the Legislature on the motor vehicle
1537application form when the form is reprinted by the agency in
1538accordance with s. 320.02(18).
1539     (4)
1540     (b)  The department is authorized to discontinue the
1541voluntary contribution and distribution of associated proceeds
1542if the organization no longer exists, if the organization has
1543stopped providing services that are authorized to be funded from
1544the voluntary contributions, or pursuant to an organizational
1545recipient's request. Organizations are required to notify the
1546department immediately to stop warrants for voluntary check-off
1547contributions if any of the conditions in this subsection exist,
1548and must meet the requirements of paragraph (5)(b) or paragraph
1549(5)(c), if applicable, for any period of operation during the
1550fiscal year.
1551     Section 33.  Subsections (7) and (8) of section 320.03,
1552Florida Statutes, are amended to read:
1553     320.03  Registration; duties of tax collectors;
1554International Registration Plan.-
1555     (7)  The Department of Highway Safety and Motor Vehicles
1556shall register apportionable apportioned motor vehicles under
1557the provisions of the International Registration Plan. The
1558department may adopt rules to implement and enforce the
1559provisions of the plan.
1560     (8)  If the applicant's name appears on the list referred
1561to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1562license plate or revalidation sticker may not be issued until
1563that person's name no longer appears on the list or until the
1564person presents a receipt from the governmental entity or the
1565clerk of court that provided the data showing that the fines
1566outstanding have been paid. This subsection does not apply to
1567the owner of a leased vehicle if the vehicle is registered in
1568the name of the lessee of the vehicle. The tax collector and the
1569clerk of the court are each entitled to receive monthly, as
1570costs for implementing and administering this subsection, 10
1571percent of the civil penalties and fines recovered from such
1572persons. As used in this subsection, the term "civil penalties
1573and fines" does not include a wrecker operator's lien as
1574described in s. 713.78(13). If the tax collector has private tag
1575agents, such tag agents are entitled to receive a pro rata share
1576of the amount paid to the tax collector, based upon the
1577percentage of license plates and revalidation stickers issued by
1578the tag agent compared to the total issued within the county.
1579The authority of any private agent to issue license plates shall
1580be revoked, after notice and a hearing as provided in chapter
1581120, if he or she issues any license plate or revalidation
1582sticker contrary to the provisions of this subsection. This
1583section applies only to the annual renewal in the owner's birth
1584month of a motor vehicle registration and does not apply to the
1585transfer of a registration of a motor vehicle sold by a motor
1586vehicle dealer licensed under this chapter, except for the
1587transfer of registrations which is inclusive of the annual
1588renewals. This section does not affect the issuance of the title
1589to 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;
1593lists and searches; fees.-
1594     (3)
1595     (b)  Fees therefor shall be charged and collected as
1596follows:
1597     1.  For providing lists of motor vehicle or vessel records
1598for the entire state, or any part or parts thereof, divided
1599according to counties, a sum computed at a rate of not less than
16001 cent nor more than 5 cents per item.
1601     2.  For providing noncertified photographic copies of motor
1602vehicle or vessel documents, $1 per page.
1603     3.  For providing noncertified photographic copies of
1604micrographic records, $1 per page.
1605     4.  For providing certified copies of motor vehicle or
1606vessel records, $3 per record.
1607     5.  For providing noncertified computer-generated printouts
1608of motor vehicle or vessel records, 50 cents per record.
1609     6.  For providing certified computer-generated printouts of
1610motor vehicle or vessel records, $3 per record.
1611     7.  For providing electronic access to motor vehicle,
1612vessel, and mobile home registration data requested by tag,
1613vehicle identification number, title number, or decal number, 50
1614cents per item.
1615     8.  For providing electronic access to driver's license
1616status report by name, sex, and date of birth or by driver
1617license number, 50 cents per item.
1618     9.  For providing lists of licensed mobile home dealers and
1619manufacturers and recreational vehicle dealers and
1620manufacturers, $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
1625Procedures Manual, $25.
1626     (5)  The creation and maintenance of records by the
1627Division of Motorist Services within the department and the
1628Division of Motor Vehicles pursuant to this chapter shall not be
1629regarded as law enforcement functions of agency recordkeeping.
1630     Section 35.  Paragraph (d) is added to subsection (1) of
1631section 320.06, Florida Statutes, to read:
1632     320.06  Registration certificates, license plates, and
1633validation stickers generally.-
1634     (1)
1635     (d)  The department may conduct a pilot program to evaluate
1636designs, concepts, and technologies for alternative license
1637plate technologies. The pilot program shall investigate the
1638feasibility and use of alternative license plate technologies
1639and shall be limited to license plates that are used on
1640government-owned motor vehicles, as defined in s. 320.0655.
1641Government license plates in the pilot program are exempt from
1642current license plate requirements in paragraph (3)(a).
1643     Section 36.  Section 320.061, Florida Statutes, is amended
1644to read:
1645     320.061  Unlawful to alter motor vehicle registration
1646certificates, temporary license plates, license plates, mobile
1647home stickers, or validation stickers or to obscure license
1648plates; penalty.-No person shall alter the original appearance
1649of any registration license plate, temporary license plate,
1650mobile home sticker, validation sticker, or vehicle registration
1651certificate issued for and assigned to any motor vehicle or
1652mobile home, whether by mutilation, alteration, defacement, or
1653change of color or in any other manner. No person shall apply or
1654attach any substance, reflective matter, illuminated device,
1655spray, coating, covering, or other material onto or around any
1656license plate that interferes with the legibility, angular
1657visibility, or detectability of any feature or detail on the
1658license plate or interferes with the ability to record any
1659feature or detail on the license plate. Any person who violates
1660this section commits a noncriminal traffic infraction,
1661punishable as a moving violation as provided in chapter 318.
1662     Section 37.  Subsection (1) of section 320.071, Florida
1663Statutes, is amended to read:
1664     320.071  Advance registration renewal; procedures.-
1665     (1)(a)  The owner of any motor vehicle or mobile home
1666currently registered in this state may file an application for
1667renewal of registration with the department, or its authorized
1668agent in the county wherein the owner resides, any time during
1669the 3 months preceding the date of expiration of the
1670registration period. The registration period may not exceed 27
1671months.
1672     (b)  The owner of any apportionable apportioned motor
1673vehicle currently registered in this state under the provisions
1674of the International Registration Plan may file an application
1675for renewal of registration with the department any time during
1676the 3 months preceding the date of expiration of the
1677registration period.
1678     Section 38.  Subsections (1) and (3) of section 320.0715,
1679Florida Statutes, are amended to read:
1680     320.0715  International Registration Plan; motor carrier
1681services; permits; retention of records.-
1682     (1)  All apportionable commercial motor vehicles domiciled
1683in this state and engaged in interstate commerce shall be
1684registered in accordance with the provisions of the
1685International Registration Plan and shall display apportioned
1686license plates.
1687     (3)(a)  If the department is unable to immediately issue
1688the apportioned license plate to an applicant currently
1689registered in this state under the International Registration
1690Plan or to a vehicle currently titled in this state, the
1691department or its designated agent is authorized to issue a 60-
1692day temporary operational permit. The department or agent of the
1693department shall charge a $3 fee and the service charge
1694authorized by s. 320.04 for each temporary operational permit it
1695issues.
1696     (b)  The department shall in no event issue a temporary
1697operational permit for any apportionable commercial motor
1698vehicle to any applicant until the applicant has shown that:
1699     1.  All sales or use taxes due on the registration of the
1700vehicle are paid; and
1701     2.  Insurance requirements have been met in accordance with
1702ss. 320.02(5) and 627.7415.
1703     (c)  Issuance of a temporary operational permit provides
1704commercial motor vehicle registration privileges in each
1705International Registration Plan member jurisdiction designated
1706on said permit and therefore requires payment of all applicable
1707registration fees and taxes due for that period of registration.
1708     (d)  Application for permanent registration must be made to
1709the department within 10 days following from issuance of a
1710temporary operational permit. Failure to file an application
1711within this 10-day period may result in cancellation of the
1712temporary operational permit.
1713     Section 39.  Paragraph (d) of subsection (5) of section
1714320.08, Florida Statutes, is amended to read:
1715     320.08  License taxes.-Except as otherwise provided herein,
1716there are hereby levied and imposed annual license taxes for the
1717operation of motor vehicles, mopeds, motorized bicycles as
1718defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
1719and mobile homes, as defined in s. 320.01, which shall be paid
1720to and collected by the department or its agent upon the
1721registration or renewal of registration of the following:
1722     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1723SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1724     (d)  A wrecker, as defined in s. 320.01(40), which is used
1725to tow a vessel as defined in s. 327.02(39), a disabled,
1726abandoned, stolen-recovered, or impounded motor vehicle as
1727defined in s. 320.01(38), or a replacement motor vehicle as
1728defined in s. 320.01(39): $41 flat, of which $11 shall be
1729deposited into the General Revenue Fund.
1730     Section 40.  Paragraph (e) of subsection (4) of section
1731320.08068, 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
1734collected for each motorcycle specialty license plate. Annual
1735use fees shall be distributed to The Able Trust as custodial
1736agent. The Able Trust may retain a maximum of 10 percent of the
1737proceeds from the sale of the license plate for administrative
1738costs. The Able Trust shall distribute the remaining funds as
1739follows:
1740     (e)  Twenty percent to the Florida Association of Centers
1741for Independent Living to be used to leverage additional funding
1742and new sources of revenue for the centers for independent
1743living in this state.
1744     Section 41.  Subsection (1) of section 320.0847, Florida
1745Statutes, 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
1748owner or lessee of any vehicle registered as a low-speed vehicle
1749as defined in s. 320.01(42) or a mini truck as defined in s.
1750320.01(45) upon payment of the appropriate license taxes and
1751fees prescribed in s. 320.08.
1752     Section 42.  Subsection (4) of section 320.0848, Florida
1753Statutes, is amended to read:
1754     320.0848  Persons who have disabilities; issuance of
1755disabled parking permits; temporary permits; permits for certain
1756providers of transportation services to persons who have
1757disabilities.-
1758     (4)  From the proceeds of the temporary disabled parking
1759permit fees:
1760     (a)  The Department of Highway Safety and Motor Vehicles
1761must receive $3.50 for each temporary permit, to be deposited
1762into the Highway Safety Operating Trust Fund and used for
1763implementing the real-time disabled parking permit database and
1764for administering the disabled parking permit program.
1765     (b)  The tax collector, for processing, must receive $2.50
1766for each temporary permit.
1767     (c)  The remainder must be distributed monthly as follows:
1768     1.  To the Florida Endowment Foundation for Vocational
1769Rehabilitation, known as "The Able Trust," Florida Governor's
1770Alliance for the Employment of Disabled Citizens for the purpose
1771of improving employment and training opportunities for persons
1772who have disabilities, with special emphasis on removing
1773transportation barriers, $4. These fees must be directly
1774deposited into the Florida Endowment Foundation for Vocational
1775Rehabilitation as established in s. 413.615 Transportation
1776Disadvantaged Trust Fund for transfer to the Florida Governor's
1777Alliance for Employment of Disabled Citizens.
1778     2.  To the Transportation Disadvantaged Trust Fund to be
1779used for funding matching grants to counties for the purpose of
1780improving transportation of persons who have disabilities, $5.
1781     Section 43.  Effective October 1, 2011, subsection (1) of
1782section 320.089, Florida Statutes, is amended to read:
1783     320.089  Members of National Guard and active United States
1784Armed Forces reservists; former prisoners of war; survivors of
1785Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1786Freedom and Operation Enduring Freedom Veterans; Combat Infantry
1787Badge recipients; special license plates; fee.-
1788     (1)(a)  Each owner or lessee of an automobile or truck for
1789private use or recreational vehicle as specified in s.
1790320.08(9)(c) or (d), which is not used for hire or commercial
1791use, who is a resident of the state and an active or retired
1792member of the Florida National Guard, a survivor of the attack
1793on Pearl Harbor, a recipient of the Purple Heart medal, or an
1794active or retired member of any branch of the United States
1795Armed Forces Reserve, or a recipient of the Combat Infantry
1796Badge shall, upon application to the department, accompanied by
1797proof of active membership or retired status in the Florida
1798National Guard, proof of membership in the Pearl Harbor
1799Survivors Association or proof of active military duty in Pearl
1800Harbor on December 7, 1941, proof of being a Purple Heart medal
1801recipient, or proof of active or retired membership in any
1802branch of the Armed Forces Reserve, or proof of membership in
1803the Combat Infantrymen's Association, Inc., or other proof of
1804being a recipient of the Combat Infantry Badge, and upon payment
1805of the license tax for the vehicle as provided in s. 320.08, be
1806issued a license plate as provided by s. 320.06, upon which, in
1807lieu of the serial numbers prescribed by s. 320.06, shall be
1808stamped the words "National Guard," "Pearl Harbor Survivor,"
1809"Combat-wounded veteran," or "U.S. Reserve," or "Combat Infantry
1810Badge," as appropriate, followed by the serial number of the
1811license plate. Additionally, the Purple Heart plate may have the
1812words "Purple Heart" stamped on the plate and the likeness of
1813the Purple Heart medal appearing on the plate.
1814     (b)  Notwithstanding any other provision of law to the
1815contrary, beginning with fiscal year 2002-2003 and annually
1816thereafter, the first $100,000 in general revenue generated from
1817the sale of license plates issued under this section shall be
1818deposited into the Grants and Donations Trust Fund, as described
1819in s. 296.38(2), to be used for the purposes established by law
1820for that trust fund. Any additional general revenue generated
1821from the sale of such plates shall be deposited into the State
1822Homes for Veterans Trust Fund and used solely to construct,
1823operate, and maintain domiciliary and nursing homes for
1824veterans, subject to the requirements of chapter 216.
1825     (c)  Notwithstanding any provisions of law to the contrary,
1826an applicant for a Pearl Harbor Survivor license plate or a
1827Purple Heart license plate who also qualifies for a disabled
1828veteran's license plate under s. 320.084 shall be issued the
1829appropriate special license plate without payment of the license
1830tax imposed by s. 320.08.
1831     Section 44.  Subsection (3) of section 320.27, Florida
1832Statutes, is amended to read:
1833     320.27  Motor vehicle dealers.-
1834     (3)  APPLICATION AND FEE.-The application for the license
1835shall be in such form as may be prescribed by the department and
1836shall be subject to such rules with respect thereto as may be so
1837prescribed by it. Such application shall be verified by oath or
1838affirmation and shall contain a full statement of the name and
1839birth date of the person or persons applying therefor; the name
1840of the firm or copartnership, with the names and places of
1841residence of all members thereof, if such applicant is a firm or
1842copartnership; the names and places of residence of the
1843principal officers, if the applicant is a body corporate or
1844other artificial body; the name of the state under whose laws
1845the corporation is organized; the present and former place or
1846places of residence of the applicant; and prior business in
1847which the applicant has been engaged and the location thereof.
1848Such application shall describe the exact location of the place
1849of business and shall state whether the place of business is
1850owned by the applicant and when acquired, or, if leased, a true
1851copy of the lease shall be attached to the application. The
1852applicant shall certify that the location provides an adequately
1853equipped office and is not a residence; that the location
1854affords sufficient unoccupied space upon and within which
1855adequately to store all motor vehicles offered and displayed for
1856sale; and that the location is a suitable place where the
1857applicant can in good faith carry on such business and keep and
1858maintain books, records, and files necessary to conduct such
1859business, which will be available at all reasonable hours to
1860inspection by the department or any of its inspectors or other
1861employees. The applicant shall certify that the business of a
1862motor vehicle dealer is the principal business which shall be
1863conducted at that location. Such application shall contain a
1864statement that the applicant is either franchised by a
1865manufacturer of motor vehicles, in which case the name of each
1866motor vehicle that the applicant is franchised to sell shall be
1867included, or an independent (nonfranchised) motor vehicle
1868dealer. Such application shall contain such other relevant
1869information as may be required by the department, including
1870evidence that the applicant is insured under a garage liability
1871insurance policy or a general liability insurance policy coupled
1872with a business automobile policy, which shall include, at a
1873minimum, $25,000 combined single-limit liability coverage
1874including bodily injury and property damage protection and
1875$10,000 personal injury protection. A salvage motor vehicle
1876dealer as defined in subparagraph (1)(c)5. is exempt from the
1877requirements for garage liability insurance and personal injury
1878protection. Franchise dealers must submit a garage liability
1879insurance policy, and all other dealers must submit a garage
1880liability insurance policy or a general liability insurance
1881policy coupled with a business automobile policy. Such policy
1882shall be for the license period, and evidence of a new or
1883continued policy shall be delivered to the department at the
1884beginning of each license period. Upon making initial
1885application, the applicant shall pay to the department a fee of
1886$300 in addition to any other fees now required by law; upon
1887making a subsequent renewal application, the applicant shall pay
1888to the department a fee of $75 in addition to any other fees now
1889required by law. Upon making an application for a change of
1890location, the person shall pay a fee of $50 in addition to any
1891other fees now required by law. The department shall, in the
1892case of every application for initial licensure, verify whether
1893certain facts set forth in the application are true. Each
1894applicant, general partner in the case of a partnership, or
1895corporate officer and director in the case of a corporate
1896applicant, must file a set of fingerprints with the department
1897for the purpose of determining any prior criminal record or any
1898outstanding warrants. The department shall submit the
1899fingerprints to the Department of Law Enforcement for state
1900processing and forwarding to the Federal Bureau of Investigation
1901for federal processing. The actual cost of state and federal
1902processing shall be borne by the applicant and is in addition to
1903the fee for licensure. The department may issue a license to an
1904applicant pending the results of the fingerprint investigation,
1905which license is fully revocable if the department subsequently
1906determines that any facts set forth in the application are not
1907true or correctly represented.
1908     Section 45.  Paragraphs (a) and (b) of subsection (2) of
1909section 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
1913executive director of the Department of Highway Safety and Motor
1914Vehicles shall appoint the members from names submitted by the
1915entities for the designated categories the member will
1916represent. The executive director shall appoint one
1917representative of the Department of Highway Safety and Motor
1918Vehicles, who must represent the Division of Motor Vehicles; two
1919representatives of the independent motor vehicle industry as
1920recommended by the Florida Independent Automobile Dealers
1921Association; two representatives of the franchise motor vehicle
1922industry as recommended by the Florida Automobile Dealers
1923Association; one representative of the auction motor vehicle
1924industry who is from an auction chain and is recommended by a
1925group affiliated with the National Auto Auction Association; one
1926representative of the auction motor vehicle industry who is from
1927an independent auction and is recommended by a group affiliated
1928with the National Auto Auction Association; one representative
1929from the Department of Revenue; a Florida tax collector
1930representative recommended by the Florida Tax Collectors
1931Association; one representative from the Better Business Bureau;
1932one representative from the Department of Agriculture and
1933Consumer Services, who must represent the Division of Consumer
1934Services; and one representative of the insurance industry who
1935writes motor vehicle dealer surety bonds.
1936     (b)1.  The executive director shall appoint the following
1937initial members to 1-year terms: one representative from the
1938motor vehicle auction industry who represents an auction chain,
1939one representative from the independent motor vehicle industry,
1940one representative from the franchise motor vehicle industry,
1941one representative from the Department of Revenue, one Florida
1942tax collector, and one representative from the Better Business
1943Bureau.
1944     2.  The executive director shall appoint the following
1945initial members to 2-year terms: one representative from the
1946motor vehicle auction industry who represents an independent
1947auction, one representative from the independent motor vehicle
1948industry, one representative from the franchise motor vehicle
1949industry, one representative from the Division of Consumer
1950Services, one representative from the insurance industry, and
1951one representative from the department Division of Motor
1952Vehicles.
1953     3.  As the initial terms expire, the executive director
1954shall appoint successors from the same designated category for
1955terms of 2 years. If renominated, a member may succeed himself
1956or herself.
1957     4.  The board shall appoint a chair and vice chair at its
1958initial meeting and every 2 years thereafter.
1959     Section 46.  Subsection (1) of section 320.771, Florida
1960Statutes, 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
1964buying, selling, or dealing in recreational vehicles or offering
1965or displaying recreational vehicles for sale. The term "dealer"
1966includes a recreational vehicle broker. Any person who buys,
1967sells, deals in, or offers or displays for sale, or who acts as
1968the agent for the sale of, one or more recreational vehicles in
1969any 12-month period shall be prima facie presumed to be a
1970dealer. The terms "selling" and "sale" include lease-purchase
1971transactions. The term "dealer" does not include banks, credit
1972unions, and finance companies that acquire recreational vehicles
1973as an incident to their regular business and does not include
1974mobile home rental and leasing companies that sell recreational
1975vehicles to dealers licensed under this section. A licensed
1976dealer may transact business in recreational vehicles with a
1977motor vehicle auction as defined in s. 320.27(1)(c)4. Further, a
1978licensed dealer may, at retail or wholesale, sell a motor
1979vehicle, as described in s. 320.01(1)(a), acquired in exchange
1980for the sale of a recreational vehicle, if such acquisition is
1981incidental to the principal business of being a recreational
1982vehicle dealer. However, a recreational vehicle dealer may not
1983buy a motor vehicle for the purpose of resale unless licensed as
1984a motor vehicle dealer pursuant to s. 320.27.
1985     (b)  "Recreational vehicle broker" means any person who is
1986engaged in the business of offering to procure or procuring used
1987recreational vehicles for the general public; who holds himself
1988or herself out through solicitation, advertisement, or otherwise
1989as one who offers to procure or procures used recreational
1990vehicles for the general public; or who acts as the agent or
1991intermediary on behalf of the owner or seller of a used
1992recreational vehicle which is for sale or who assists or
1993represents the seller in finding a buyer for the recreational
1994vehicle.
1995     (c)  For the purposes of this section, the term
1996"recreational vehicle" does not include any camping trailer, as
1997defined in s. 320.01(1)(b)2.
1998     (d)  A dealer may apply for a certificate of title to a
1999recreational vehicle required to be registered under s.
2000320.08(9) using a manufacturer's statement of origin as
2001permitted by s. 319.23(1) only if such dealer is authorized by a
2002manufacturer/dealer agreement as defined in s. 320.3202(8) on
2003file with the department to buy, sell, or deal in that
2004particular line-make of recreational vehicle and is authorized
2005by such agreement to perform delivery and preparation
2006obligations and warranty defect adjustments on that line-make.
2007     Section 47.  Section 320.95, Florida Statutes, is amended
2008to read:
2009     320.95  Transactions by electronic or telephonic means.-
2010     (1)  The department may is authorized to accept any
2011application provided for under this chapter by electronic or
2012telephonic means.
2013     (2)  The department may collect and use electronic mail
2014addresses for the purpose of providing renewal notices in lieu
2015of the United States Postal Service.
2016     Section 48.  Section 321.02, Florida Statutes, is amended
2017to read:
2018     321.02  Powers and duties of department, highway patrol.-
2019The director of the Division of Highway Patrol of the Department
2020of Highway Safety and Motor Vehicles shall be designated the
2021Colonel also be the commander of the Florida Highway Patrol. The
2022said department shall set up and promulgate rules and
2023regulations by which the personnel of the Florida Highway Patrol
2024officers shall be examined, employed, trained, located,
2025suspended, reduced in rank, discharged, recruited, paid and
2026pensioned, subject to civil service provisions hereafter set
2027out. The department may enter into contracts or agreements, with
2028or without competitive bidding or procurement, to make
2029available, on a fair, reasonable, nonexclusive, and
2030nondiscriminatory basis, property and other structures under
2031division control for the placement of new facilities by any
2032wireless provider of mobile service as defined in 47 U.S.C. s.
2033153(27) or s. 332(d), and any telecommunications company as
2034defined in s. 364.02 when it is determined to be practical and
2035feasible to make such property or other structures available.
2036The department may, without adopting a rule, charge a just,
2037reasonable, and nondiscriminatory fee for placement of the
2038facilities, payable annually, based on the fair market value of
2039space used by comparable communications facilities in the state.
2040The department and a wireless provider or telecommunications
2041company may negotiate the reduction or elimination of a fee in
2042consideration of services provided to the division by the
2043wireless provider or the telecommunications company. All such
2044fees collected by the department shall be deposited directly
2045into the State Agency Law Enforcement Radio System Trust Fund,
2046and may be used to construct, maintain, or support the system.
2047The department is further specifically authorized to purchase,
2048sell, trade, rent, lease and maintain all necessary equipment,
2049uniforms, motor vehicles, communication systems, housing
2050facilities, office space, and perform any other acts necessary
2051for the proper administration and enforcement of this chapter.
2052However, all supplies and equipment consisting of single items
2053or in lots shall be purchased under the requirements of s.
2054287.057. Purchases shall be made by accepting the bid of the
2055lowest responsive bidder, the right being reserved to reject all
2056bids. The department shall prescribe a distinctive uniform and
2057distinctive emblem to be worn by all officers of the Florida
2058Highway Patrol. It shall be unlawful for any other person or
2059persons to wear a similar uniform or emblem, or any part or
2060parts thereof. The department shall also prescribe distinctive
2061colors for use on motor vehicles and motorcycles operated by the
2062Florida Highway Patrol. The prescribed colors shall be referred
2063to as "Florida Highway Patrol black and tan."
2064     Section 49.  Subsection (3) of section 322.02, Florida
2065Statutes, is amended to read:
2066     322.02  Legislative intent; administration.-
2067     (3)  The department shall employ a director, who is charged
2068with the duty of serving as the executive officer of the
2069Division of Motorist Services within Driver Licenses of the
2070department insofar as the administration of this chapter is
2071concerned. He or she shall be subject to the supervision and
2072direction of the department, and his or her official actions and
2073decisions as executive officer shall be conclusive unless the
2074same are superseded or reversed by the department or by a court
2075of competent jurisdiction.
2076     Section 50.  Subsection (1) of section 322.04, Florida
2077Statutes, is amended to read:
2078     322.04  Persons exempt from obtaining driver's license.-
2079     (1)  The following persons are exempt from obtaining a
2080driver's license:
2081     (a)  Any employee of the United States Government, while
2082operating a noncommercial motor vehicle owned by or leased to
2083the United States Government and being operated on official
2084business.
2085     (b)  Any person while driving or operating any road
2086machine, farm tractor, or implement of husbandry temporarily
2087operated or moved on a highway.
2088     (c)  A nonresident who is at least 16 years of age and who
2089has in his or her immediate possession a valid noncommercial
2090driver's license issued to the nonresident in his or her home
2091state or country, may operate a motor vehicle of the type for
2092which a Class E driver's license is required in this state if he
2093or she has in their immediate possession:
2094     1.  A valid noncommercial driver's license issued in his or
2095her name from another state or territory of the United States;
2096or
2097     2.  An International Driving Permit issued in his or her
2098name in their country of residence and a valid license issued in
2099that country.
2100     (d)  A nonresident who is at least 18 years of age and who
2101has in his or her immediate possession a valid noncommercial
2102driver's license issued to the nonresident in his or her home
2103state or country may operate a motor vehicle, other than a
2104commercial motor vehicle, in this state.
2105     (d)(e)  Any person operating a golf cart, as defined in s.
2106320.01, which is operated in accordance with the provisions of
2107s. 316.212.
2108     Section 51.  Paragraph (a) of subsection (1) of section
2109322.051, 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
2112person who has a disability, regardless of age, who applies for
2113a disabled parking permit under s. 320.0848, may be issued an
2114identification card by the department upon completion of an
2115application and payment of an application fee.
2116     (a)  Each such application shall include the following
2117information regarding the applicant:
2118     1.  Full name (first, middle or maiden, and last), gender,
2119proof of social security card number satisfactory to the
2120department, county of residence, mailing address, proof of
2121residential address satisfactory to the department, country of
2122birth, and a brief description.
2123     2.  Proof of birth date satisfactory to the department.
2124     3.  Proof of identity satisfactory to the department. Such
2125proof must include one of the following documents issued to the
2126applicant:
2127     a.  A driver's license record or identification card record
2128from another jurisdiction that required the applicant to submit
2129a document for identification which is substantially similar to
2130a document required under sub-subparagraph b., sub-subparagraph
2131c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
2132f., 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
2136States 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
2140United States Department of State;
2141     g.  An unexpired employment authorization card issued by
2142the United States Department of Homeland Security; or
2143     h.  Proof of nonimmigrant classification provided by the
2144United States Department of Homeland Security, for an original
2145identification card. In order to prove such nonimmigrant
2146classification, applicants must provide at least one of may
2147produce but are not limited to the following documents, and, in
2148addition, the department may require applicants to produce
2149United States Department of Homeland Security documents for the
2150sole purpose of establishing the maintenance of or efforts to
2151maintain continuous lawful presence:
2152     (I)  A notice of hearing from an immigration court
2153scheduling a hearing on any proceeding.
2154     (II)  A notice from the Board of Immigration Appeals
2155acknowledging pendency of an appeal.
2156     (III)  Notice of the approval of an application for
2157adjustment of status issued by the United States Bureau of
2158Citizenship and Immigration Services.
2159     (IV)  Any official documentation confirming the filing of a
2160petition for asylum or refugee status or any other relief issued
2161by the United States Bureau of Citizenship and Immigration
2162Services.
2163     (V)  Notice of action transferring any pending matter from
2164another jurisdiction to Florida, issued by the United States
2165Bureau of Citizenship and Immigration Services.
2166     (VI)  Order of an immigration judge or immigration officer
2167granting any relief that authorizes the alien to live and work
2168in the United States including, but not limited to asylum.
2169     (VII)  Evidence that an application is pending for
2170adjustment of status to that of an alien lawfully admitted for
2171permanent residence in the United States or conditional
2172permanent resident status in the United States, if a visa number
2173is available having a current priority date for processing by
2174the United States Bureau of Citizenship and Immigration
2175Services.
2176     (VIII)  On or after January 1, 2010, an unexpired foreign
2177passport with an unexpired United States Visa affixed,
2178accompanied by an approved I-94, documenting the most recent
2179admittance into the United States.
2180
2181An identification card issued based on documents required
2182Presentation of any of the documents described in sub-
2183subparagraph g. or sub-subparagraph h. is valid entitles the
2184applicant to an identification card for a period not to exceed
2185the expiration date of the document presented or 1 year,
2186whichever first occurs.
2187     Section 52.  Subsection (4) of section 322.058, Florida
2188Statutes, is amended to read:
2189     322.058  Suspension of driving privileges due to support
2190delinquency; reinstatement.-
2191     (4)  This section applies only to the annual renewal in the
2192owner's birth month of a motor vehicle registration and does not
2193apply to the transfer of a registration of a motor vehicle sold
2194by a motor vehicle dealer licensed under chapter 320, except for
2195the transfer of registrations which is inclusive of the annual
2196renewals. This section does not affect the issuance of the title
2197to a motor vehicle, notwithstanding s. 319.23(8)(7)(b).
2198     Section 53.  Section 322.065, Florida Statutes, is amended
2199to read:
2200     322.065  Driver's license expired for 6 4 months or less;
2201penalties.-Any person whose driver's license has been expired
2202for 6 4 months or less and who drives a motor vehicle upon the
2203highways of this state commits is guilty of an infraction and is
2204subject to the penalty provided in s. 318.18.
2205     Section 54.  Subsection (3) of section 322.07, Florida
2206Statutes, is amended to read:
2207     322.07  Instruction permits and temporary licenses.-
2208     (3)  Any person who, except for his or her lack of
2209instruction in operating a commercial motor vehicle, would
2210otherwise be qualified to obtain a commercial driver's license
2211under this chapter, may apply for a temporary commercial
2212instruction permit. The department shall issue such a permit
2213entitling the applicant, while having the permit in his or her
2214immediate possession, to drive a commercial motor vehicle on the
2215highways, provided that:
2216     (a)  The applicant possesses a valid Florida driver's
2217license issued in any state; and
2218     (b)  The applicant, while operating a commercial motor
2219vehicle, is accompanied by a licensed driver who is 21 years of
2220age or older, who is licensed to operate the class of vehicle
2221being operated, and who is actually occupying the closest seat
2222to the right of the driver.
2223     Section 55.  Subsection (2) of section 322.08, Florida
2224Statutes, is amended, paragraphs (o) and (p) are added to
2225subsection (7), and subsections (8) and (9) are added to that
2226section, to read:
2227     322.08  Application for license; requirements for license
2228and identification card forms.-
2229     (2)  Each such application shall include the following
2230information regarding the applicant:
2231     (a)  Full name (first, middle or maiden, and last), gender,
2232proof of social security card number satisfactory to the
2233department, county of residence, mailing address, proof of
2234residential address satisfactory to the department, country of
2235birth, and a brief description.
2236     (b)  Proof of birth date satisfactory to the department.
2237     (c)  Proof of identity satisfactory to the department. Such
2238proof must include one of the following documents issued to the
2239applicant:
2240     1.  A driver's license record or identification card record
2241from another jurisdiction that required the applicant to submit
2242a document for identification which is substantially similar to
2243a document required under subparagraph 2., subparagraph 3.,
2244subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
22457., 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
2249States 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
2253United States Department of State;
2254     7.  An unexpired employment authorization card issued by
2255the United States Department of Homeland Security; or
2256     8.  Proof of nonimmigrant classification provided by the
2257United States Department of Homeland Security, for an original
2258driver's license. In order to prove nonimmigrant classification,
2259an applicant must provide at least one of the following
2260documents, and, in addition, the department may require
2261applicants to produce United States Department of Homeland
2262Security documents for the sole purpose of establishing the
2263maintenance of or efforts to maintain continuous lawful presence
2264may produce the following documents, including, but not limited
2265to:
2266     a.  A notice of hearing from an immigration court
2267scheduling a hearing on any proceeding.
2268     b.  A notice from the Board of Immigration Appeals
2269acknowledging pendency of an appeal.
2270     c.  A notice of the approval of an application for
2271adjustment of status issued by the United States Bureau of
2272Citizenship and Immigration Services.
2273     d.  Any official documentation confirming the filing of a
2274petition for asylum or refugee status or any other relief issued
2275by the United States Bureau of Citizenship and Immigration
2276Services.
2277     e.  A notice of action transferring any pending matter from
2278another jurisdiction to this state issued by the United States
2279Bureau of Citizenship and Immigration Services.
2280     f.  An order of an immigration judge or immigration officer
2281granting any relief that authorizes the alien to live and work
2282in the United States, including, but not limited to, asylum.
2283     g.  Evidence that an application is pending for adjustment
2284of status to that of an alien lawfully admitted for permanent
2285residence in the United States or conditional permanent resident
2286status in the United States, if a visa number is available
2287having a current priority date for processing by the United
2288States Bureau of Citizenship and Immigration Services.
2289     h.  On or after January 1, 2010, an unexpired foreign
2290passport with an unexpired United States Visa affixed,
2291accompanied by an approved I-94, documenting the most recent
2292admittance into the United States.
2293
2294A driver's license or temporary permit issued based on documents
2295required Presentation of any of the documents in subparagraph 7.
2296or subparagraph 8. is valid entitles the applicant to a driver's
2297license or temporary permit for a period not to exceed the
2298expiration date of the document presented or 1 year, whichever
2299occurs first.
2300     (d)  Whether the applicant has previously been licensed to
2301drive, and, if so, when and by what state, and whether any such
2302license or driving privilege has ever been disqualified,
2303revoked, or suspended, or whether an application has ever been
2304refused, and, if so, the date of and reason for such
2305disqualification, suspension, revocation, or refusal.
2306     (e)  Each such application may include fingerprints and
2307other unique biometric means of identity.
2308     (7)  The application form for an original, renewal, or
2309replacement driver's license or identification card shall
2310include language permitting the following:
2311     (o)  A voluntary contribution of $1 per applicant for
2312Autism Services and Supports. Such contributions must be
2313transferred by the department each month to the Achievement and
2314Rehabilitation Centers, Inc., Autism Services Fund.
2315     (p)  A voluntary contribution of $1 per applicant to
2316Support Our Troops, which shall be distributed monthly to
2317Support Our Troops, Inc., a Florida not-for-profit organization.
2318
2319A statement providing an explanation of the purpose of the trust
2320funds shall also be included. For the purpose of applying the
2321service charge provided in s. 215.20, contributions received
2322under paragraphs (b)-(n) are not income of a revenue nature.
2323     (8)  Notwithstanding subsection (7), the department and its
2324authorized agents shall provide a complete list of voluntary
2325contributions authorized by law to customers applying for a
2326license or identification card or renewal of a license or
2327identification card. The renewal application form must include
2328either a complete list of all authorized voluntary contributions
2329or the department's website address which provides a complete
2330list and information on all authorized voluntary contributions.
2331The department or authorized agent may include on the renewal
2332forms a complete list of authorized voluntary contributions and
2333the department's website address. Customers renewing a license
2334or identification card at either an agent's office or a
2335department office shall be provided information on voluntary
2336contribution options.
2337     (9)  The department may collect and use electronic mail
2338addresses for the purpose of providing renewal notices in lieu
2339of 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
2343checkoff on driver's license application.-
2344     (1)  An organization that seeks authorization to establish
2345a voluntary contribution on a driver's license application must
2346submit to the department:
2347     (b)  An application fee, not to exceed $10,000 to defray
2348the department's cost for reviewing the application and
2349developing the voluntary contribution checkoff or website, if
2350authorized. State funds may not be used to pay the application
2351fee.
2352
2353The information required under this subsection must be submitted
2354to the department at least 90 days before the convening of the
2355next regular session of the Legislature.
2356     (3)  The department must include any voluntary
2357contributions approved by the Legislature on the driver's
2358license application form in accordance with s. 322.08(8) when
2359the form is reprinted by the agency.
2360     Section 57.  Subsection (1) of section 322.095, Florida
2361Statutes, is amended to read:
2362     322.095  Traffic law and substance abuse education program
2363for driver's license applicants.-
2364     (1)  The Department of Highway Safety and Motor Vehicles
2365must approve traffic law and substance abuse education courses
2366that must be completed by applicants for a Florida driver's
2367license. The curricula for the courses must provide instruction
2368on the physiological and psychological consequences of the abuse
2369of alcohol and other drugs, the societal and economic costs of
2370alcohol and drug abuse, the effects of alcohol and drug abuse on
2371the driver of a motor vehicle, the dangers of driving while
2372distracted, which must specifically include the use of
2373technology while driving, and the laws of this state relating to
2374the operation of a motor vehicle. All instructors teaching the
2375courses shall be certified by the department.
2376     Section 58.  Subsection (5) of section 322.12, Florida
2377Statutes, is amended to read:
2378     322.12  Examination of applicants.-
2379     (5)(a)  The department shall formulate a separate
2380examination for applicants for licenses to operate motorcycles.
2381Any applicant for a driver's license who wishes to operate a
2382motorcycle, and who is otherwise qualified, must successfully
2383complete such an examination, which is in addition to the
2384examination administered under subsection (3). The examination
2385must test the applicant's knowledge of the operation of a
2386motorcycle and of any traffic laws specifically relating thereto
2387and must include an actual demonstration of his or her ability
2388to exercise ordinary and reasonable control in the operation of
2389a motorcycle. Any applicant who fails to pass the initial
2390knowledge examination will incur a $5 fee for each subsequent
2391examination, to be deposited into the Highway Safety Operating
2392Trust Fund. Any applicant who fails to pass the initial skills
2393examination will incur a $10 fee for each subsequent
2394examination, to be deposited into the Highway Safety Operating
2395Trust Fund. In the formulation of the examination, the
2396department shall consider the use of the Motorcycle Operator
2397Skills Test and the Motorcycle in Traffic Test offered by the
2398Motorcycle Safety Foundation. The department shall indicate on
2399the license of any person who successfully completes the
2400examination that the licensee is authorized to operate a
2401motorcycle. If the applicant wishes to be licensed to operate a
2402motorcycle only, he or she need not take the skill or road test
2403required under subsection (3) for the operation of a motor
2404vehicle, and the department shall indicate such a limitation on
2405his or her license as a restriction. Every first-time applicant
2406for licensure to operate a motorcycle must provide proof of
2407completion of a motorcycle safety course, as provided for in s.
2408322.0255, which shall include a final examination before the
2409applicant may be licensed to operate a motorcycle. The
2410department shall indicate on the license of any person who
2411successfully completes the course that the licensee is
2412authorized to operate a motorcycle. If the applicant wishes to
2413be licensed to operate a motorcycle only, he or she need not
2414take the skills or road test required under subsection (3) for
2415the operation of a motor vehicle, and the department shall
2416indicate such a limitation on his or her license as a
2417restriction.
2418     (b)  The department may exempt any applicant from the
2419examination provided in this subsection if the applicant
2420presents a certificate showing successful completion of a course
2421approved by the department, which course includes a similar
2422examination of the knowledge and skill of the applicant in the
2423operation of a motorcycle.
2424     Section 59.  Subsection (5) of section 322.121, Florida
2425Statutes, is amended to read:
2426     322.121  Periodic reexamination of all drivers.-
2427     (5)  Members of the Armed Forces, or their dependents
2428residing with them, shall be granted an automatic extension for
2429the expiration of their Class E licenses without reexamination
2430while serving on active duty outside this state. This extension
2431is valid for 90 days after the member of the Armed Forces is
2432either discharged or returns to this state to live.
2433     Section 60.  Paragraph (a) of subsection (1) of section
2434322.14, Florida Statutes, is amended to read:
2435     322.14  Licenses issued to drivers.-
2436     (1)(a)  The department shall, upon successful completion of
2437all required examinations and payment of the required fee, issue
2438to every applicant qualifying therefor, a driver's license as
2439applied for, which license shall bear thereon a color photograph
2440or digital image of the licensee; the name of the state; a
2441distinguishing number assigned to the licensee; and the
2442licensee's full name, date of birth, and residence address; a
2443brief description of the licensee, including, but not limited
2444to, the licensee's gender and height; and the dates of issuance
2445and expiration of the license. A space shall be provided upon
2446which the licensee shall affix his or her usual signature. No
2447license shall be valid until it has been so signed by the
2448licensee except that the signature of said licensee shall not be
2449required if it appears thereon in facsimile or if the licensee
2450is not present within the state at the time of issuance.
2451Applicants qualifying to receive a Class A, Class B, or Class C
2452driver's license must appear in person within the state for
2453issuance of a color photographic or digital imaged driver's
2454license pursuant to s. 322.142.
2455     Section 61.  Subsection (2) of section 322.19, Florida
2456Statutes, is amended to read:
2457     322.19  Change of address or name.-
2458     (2)  Whenever any person, after applying for or receiving a
2459driver's license, changes the legal residence or mailing address
2460in the application or license, the person must, within 10
2461calendar days, obtain a replacement license that reflects the
2462change. A written request to the department must include the old
2463and new addresses and the driver's license number. Persons with
2464a valid, current student identification card issued by an
2465educational institution in this state are presumed not to have
2466changed their legal residence or mailing address. Nothing in
2467this provision shall affect any person required to register a
2468permanent or temporary address change pursuant to s. 775.13, s.
2469775.21, s. 775.25, or s. 943.0435.
2470     Section 62.  Subsections (9), (10), (13), (14), and (16) of
2471section 322.20, Florida Statutes, are amended to read:
2472     322.20  Records of the department; fees; destruction of
2473records.-
2474     (9)  The department may, upon application, furnish to any
2475person, from its the records of the Division of Driver Licenses,
2476a list of the names, addresses, and birth dates of the licensed
2477drivers of the entire state or any portion thereof by age group.
2478In addition, the department may furnish to the courts, for the
2479purpose of establishing jury selection lists, the names,
2480addresses, and birth dates of the persons of the entire state or
2481any portion thereof by age group having identification cards
2482issued by the department. Each person who requests such
2483information shall pay a fee, set by the department, of 1 cent
2484per name listed, except that the department shall furnish such
2485information without charge to the courts for the purpose of jury
2486selection or to any state agency or to any state attorney,
2487sheriff, or chief of police. Such court, state agency, state
2488attorney, or law enforcement agency may not sell, give away, or
2489allow the copying of such information. Noncompliance with this
2490prohibition shall authorize the department to charge the
2491noncomplying court, state agency, state attorney, or law
2492enforcement agency the appropriate fee for any subsequent lists
2493requested. The department may adopt rules necessary to implement
2494this subsection.
2495     (10)  The department Division of Driver Licenses is
2496authorized, upon application of any person and payment of the
2497proper fees, to search and to assist such person in the search
2498of the records of the department and make reports thereof and to
2499make photographic copies of the departmental records and
2500attestations thereof.
2501     (13)  The department Division of Driver Licenses shall
2502implement a system that allows either parent of a minor, or a
2503guardian, or other responsible adult who signed a minor's
2504application for a driver's license to have Internet access
2505through a secure website to inspect the minor's driver history
2506record. Internet access to driver history records granted to a
2507minor's parents, guardian, or other responsible adult shall be
2508furnished by the department at no fee and shall terminate when
2509the minor attains 18 years of age.
2510     (14)  The department is authorized in accordance with
2511chapter 257 to destroy reports, records, documents, papers, and
2512correspondence in the department Division of Driver Licenses
2513which are considered obsolete.
2514     (16)  The creation and maintenance of records by the
2515Division of Motorist Services within the department and the
2516Division of Driver Licenses pursuant to this chapter shall not
2517be regarded as law enforcement functions of agency
2518recordkeeping.
2519     Section 63.  Section 322.202, Florida Statutes, is amended
2520to read:
2521     322.202  Admission of evidence obtained from the Division
2522of Motorist Services Driver Licenses and the Division of Motor
2523Vehicles.-
2524     (1)  The Legislature finds that the Division of Motorist
2525Services Driver Licenses and the Division of Motor Vehicles of
2526the Department of Highway Safety and Motor Vehicles is are not a
2527law enforcement agency agencies. The Legislature also finds that
2528the division is divisions are not an adjunct adjuncts of any law
2529enforcement agency in that employees have no stake in particular
2530prosecutions. The Legislature further finds that errors in
2531records maintained by the Division of Motorist Services
2532divisions are not within the collective knowledge of any law
2533enforcement agency. The Legislature also finds that the mission
2534missions of the Division of Motorist Services Driver Licenses,
2535the Division of Motor Vehicles, and the Department of Highway
2536Safety and Motor Vehicles provides provide a sufficient
2537incentive to maintain records in a current and correct fashion.
2538     (2)  The Legislature finds that the purpose of the
2539exclusionary rule is to deter misconduct on the part of law
2540enforcement officers and law enforcement agencies.
2541     (3)  The Legislature finds that the application of the
2542exclusionary rule to cases where a law enforcement officer
2543effects an arrest based on objectively reasonable reliance on
2544information obtained from the division divisions is repugnant to
2545the purposes of the exclusionary rule and contrary to the
2546decisions of the United States Supreme Court in Arizona v.
2547Evans, 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
2550arrest based on objectively reasonable reliance on information
2551obtained from the division divisions, evidence found pursuant to
2552such an arrest shall not be suppressed by application of the
2553exclusionary rule on the grounds that the arrest is subsequently
2554determined to be unlawful due to erroneous information obtained
2555from the divisions.
2556     Section 64.  Subsections (2) and (4) of section 322.21,
2557Florida Statutes, are amended to read:
2558     322.21  License fees; procedure for handling and collecting
2559fees.-
2560     (2)  It is the duty of the director of the Division of
2561Motorist Services to provide Driver Licenses to set up a
2562division in the department with the necessary personnel to
2563perform the necessary clerical and routine work for the
2564department in issuing and recording applications, licenses, and
2565certificates of eligibility, including the receiving and
2566accounting of all license funds and their payment into the State
2567Treasury, and other incidental clerical work connected with the
2568administration of this chapter. The department may use such
2569electronic, mechanical, or other devices as necessary to
2570accomplish the purposes of this chapter.
2571     (4)  If the department determines from its records or is
2572otherwise satisfied that the holder of a license about to expire
2573is entitled to have it renewed, the department shall mail a
2574renewal notice to the licensee at his or her last known address,
2575at least within 30 days before the licensee's birthday. The
2576licensee may shall be issued a renewal license, after
2577reexamination, if required, during the 30 days immediately
2578preceding his or her birthday upon presenting a renewal notice,
2579his or her current license, and the fee for renewal to the
2580department at any driver's license examining office. A driver
2581may renew his or her driver's license up to 18 months prior to
2582the license expiration date.
2583     Section 65.  Subsection (1) of section 322.22, Florida
2584Statutes, is amended to read:
2585     322.22  Authority of department to cancel license.-
2586     (1)  The department is authorized to cancel any driver's
2587license, upon determining that the licensee is was not entitled
2588to the license issuance thereof, or that the licensee failed to
2589give the required or correct information in his or her
2590application or committed any fraud in making such application,
2591or that the licensee has two or more licenses on file with the
2592department, each in a different name but bearing the photograph
2593of the licensee, unless the licensee has complied with the
2594requirements of this chapter in obtaining the licenses. The
2595department may cancel any driver's license, identification card,
2596vehicle or vessel registration, or fuel-use decal if the
2597licensee fails to pay the correct fee or pays for the driver's
2598license, identification card, vehicle or vessel registration, or
2599fuel-use decal; pays any tax liability, penalty, or interest
2600specified in chapter 207; or pays any administrative,
2601delinquency, or reinstatement fee by a dishonored check.
2602     Section 66.  Subsection (6) of section 322.2615, Florida
2603Statutes, is amended to read:
2604     322.2615  Suspension of license; right to review.-
2605     (6)(a)  If the person whose license was suspended requests
2606a formal review, the department must schedule a hearing to be
2607held within 30 days after such request is received by the
2608department and must notify the person of the date, time, and
2609place of the hearing.
2610     (b)  Such formal review hearing shall be held before a
2611hearing officer designated employed by the department, and the
2612hearing officer shall be authorized to administer oaths, examine
2613witnesses and take testimony, receive relevant evidence, issue
2614subpoenas for the officers and witnesses identified in documents
2615in subsection (2), regulate the course and conduct of the
2616hearing, question witnesses, and make a ruling on the
2617suspension. The party requesting the presence of a witness shall
2618be responsible for the payment of any witness fees and for
2619notifying in writing the state attorney's office in the
2620appropriate circuit of the issuance of the subpoena. If the
2621person who requests a formal review hearing fails to appear and
2622the hearing officer finds such failure to be without just cause,
2623the right to a formal hearing is waived and the suspension shall
2624be sustained.
2625     (c)  A party may seek enforcement of a subpoena under
2626paragraph (b) by:
2627     1.  Filing a motion for enforcement of a subpoena in the
2628related criminal case, if any; or
2629     2.  Filing a petition for enforcement in the circuit court
2630of the judicial circuit in which the person failing to comply
2631with the subpoena resides. A failure to comply with an order of
2632the court shall result in a finding of contempt of court.
2633However, a person is not in contempt while a subpoena is being
2634challenged.
2635     (d)  The department must, within 7 working days after a
2636formal review hearing, send notice to the person of the hearing
2637officer's decision as to whether sufficient cause exists to
2638sustain, amend, or invalidate the suspension.
2639     Section 67.  Subsection (12) is added to section 322.34,
2640Florida Statutes, to read:
2641     322.34  Driving while license suspended, revoked, canceled,
2642or disqualified.-
2643     (1)  Except as provided in subsection (2), any person whose
2644driver's license or driving privilege has been canceled,
2645suspended, or revoked, except a "habitual traffic offender" as
2646defined in s. 322.264, who drives a vehicle upon the highways of
2647this state while such license or privilege is canceled,
2648suspended, or revoked is guilty of a moving violation,
2649punishable as provided in chapter 318.
2650     (12)  A person who commits a moving violation as provided
2651in subsection (1) shall not have his or her motor vehicle
2652impounded or immobilized.
2653     Section 68.  Subsection (2) of section 322.53, Florida
2654Statutes, is amended to read:
2655     322.53  License required; exemptions.-
2656     (2)  The following persons are exempt from the requirement
2657to obtain a commercial driver's license:
2658     (a)  Drivers of authorized emergency vehicles.
2659     (b)  Military personnel driving vehicles operated for
2660military purposes.
2661     (c)  Farmers transporting agricultural products, farm
2662supplies, or farm machinery to or from their farms within 150
2663miles of their farm if the vehicle operated under this exemption
2664is not used in the operations of a common or contract motor
2665carrier, or transporting agricultural products to or from the
2666first place of storage or processing or directly to or from
2667market, within 150 miles of their farm.
2668     (d)  Drivers of recreational vehicles, as defined in s.
2669320.01.
2670     (e)  Drivers who operate straight trucks, as defined in s.
2671316.003, which that are exclusively transporting their own
2672tangible personal property that which is not for sale or hire,
2673and the vehicles are not used in commerce.
2674     (f)  An employee of a publicly owned transit system who is
2675limited to moving vehicles for maintenance or parking purposes
2676exclusively within the restricted-access confines of a transit
2677system's property.
2678     Section 69.  Subsection (5) is added to section 322.54,
2679Florida Statutes, to read:
2680     322.54  Classification.-
2681     (5)  The required driver's license classification of any
2682person operating a commercial motor vehicle that has no gross
2683vehicle weight rating plate or no vehicle identification number
2684shall 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
2687to read:
2688     322.59  Possession of medical examiner's certificate.-
2689     (1)  The department shall not issue a commercial driver's
2690license to any person who is required by the laws of this state
2691or by federal law to possess a medical examiner's certificate,
2692unless such person provides presents a valid certificate, as
2693described in 49 C.F.R. s. 383.71 prior to licensure.
2694     (2)  The department shall disqualify a driver from
2695operating a commercial motor vehicle if that driver holds a
2696commercial driver's license and fails to comply with the medical
2697certification requirements described in 49 C.F.R. s. 383.71.
2698     (2)  This section does not expand the requirements as to
2699who must possess a medical examiner's certificate.
2700     Section 72.  Subsection (5) of section 322.61, Florida
2701Statutes, is amended to read:
2702     322.61  Disqualification from operating a commercial motor
2703vehicle.-
2704     (5)  Any person who is convicted of two violations
2705specified in subsection (3) which were committed while operating
2706a commercial motor vehicle, or any combination thereof, arising
2707in separate incidents shall be permanently disqualified from
2708operating a commercial motor vehicle. Any holder of a commercial
2709driver's license who is convicted of two violations specified in
2710subsection (3), which were committed while operating any a
2711noncommercial motor vehicle, or any combination thereof, arising
2712in separate incidents shall be permanently disqualified from
2713operating a commercial motor vehicle. The penalty provided in
2714this subsection is in addition to any other applicable penalty.
2715     Section 73.  Subsections (1), (4), (7), (8), and (11) of
2716section 322.64, Florida Statutes, are amended to read:
2717     322.64  Holder of commercial driver's license; persons
2718operating a commercial motor vehicle; driving with unlawful
2719blood-alcohol level; refusal to submit to breath, urine, or
2720blood test.-
2721     (1)(a)  A law enforcement officer or correctional officer
2722shall, on behalf of the department, disqualify from operating
2723any commercial motor vehicle a person who while operating or in
2724actual physical control of a commercial motor vehicle is
2725arrested for a violation of s. 316.193, relating to unlawful
2726blood-alcohol level or breath-alcohol level, or a person who has
2727refused to submit to a breath, urine, or blood test authorized
2728by s. 322.63 or s. 316.1932 arising out of the operation or
2729actual physical control of a commercial motor vehicle. A law
2730enforcement officer or correctional officer shall, on behalf of
2731the department, disqualify the holder of a commercial driver's
2732license from operating any commercial motor vehicle if the
2733licenseholder, while operating or in actual physical control of
2734a motor vehicle, is arrested for a violation of s. 316.193,
2735relating to unlawful blood-alcohol level or breath-alcohol
2736level, or refused to submit to a breath, urine, or blood test
2737authorized by s. 322.63 or s. 316.1932. Upon disqualification of
2738the person, the officer shall take the person's driver's license
2739and issue the person a 10-day temporary permit for the operation
2740of noncommercial vehicles only if the person is otherwise
2741eligible for the driving privilege and shall issue the person a
2742notice of disqualification. If the person has been given a
2743blood, breath, or urine test, the results of which are not
2744available to the officer at the time of the arrest, the agency
2745employing the officer shall transmit such results to the
2746department within 5 days after receipt of the results. If the
2747department then determines that the person had a blood-alcohol
2748level or breath-alcohol level of 0.08 or higher, the department
2749shall disqualify the person from operating a commercial motor
2750vehicle pursuant to subsection (3).
2751     (b)  For purposes of determining the period of
2752disqualification described in 49 C.F.R. s. 383.51,
2753disqualifications listed in paragraph (a) shall be treated as
2754convictions.
2755     (c)(b)  The disqualification under paragraph (a) shall be
2756pursuant to, and the notice of disqualification shall inform the
2757driver of, the following:
2758     1.a.  The driver refused to submit to a lawful breath,
2759blood, or urine test and he or she is disqualified from
2760operating a commercial motor vehicle for the time period
2761specified in 49 C.F.R. s. 383.51 a period of 1 year, for a first
2762refusal, or permanently, if he or she has previously been
2763disqualified under this section; or
2764     b.  The driver had an unlawful blood-alcohol or breath-
2765alcohol level of 0.08 or higher while driving or in actual
2766physical control of a commercial motor vehicle, or any motor
2767vehicle if the driver holds a commercial driver license, and is
2768disqualified for the time period specified in 49 C.F.R. s.
2769383.51. The driver was driving or in actual physical control of
2770a commercial motor vehicle, or any motor vehicle if the driver
2771holds a commercial driver's license, had an unlawful blood-
2772alcohol level or breath-alcohol level of 0.08 or higher, and his
2773or her driving privilege shall be disqualified for a period of 1
2774year for a first offense or permanently disqualified if his or
2775her driving privilege has been previously disqualified under
2776this section.
2777     2.  The disqualification period for operating commercial
2778vehicles shall commence on the date of issuance of the notice of
2779disqualification.
2780     3.  The driver may request a formal or informal review of
2781the disqualification by the department within 10 days after the
2782date of issuance of the notice of disqualification.
2783     4.  The temporary permit issued at the time of
2784disqualification expires at midnight of the 10th day following
2785the date of disqualification.
2786     5.  The driver may submit to the department any materials
2787relevant to the disqualification.
2788     (4)  If the person disqualified requests an informal review
2789pursuant to subparagraph (1)(c)(b)3., the department shall
2790conduct the informal review by a hearing officer employed by the
2791department. Such informal review hearing shall consist solely of
2792an examination by the department of the materials submitted by a
2793law enforcement officer or correctional officer and by the
2794person disqualified, and the presence of an officer or witness
2795is not required.
2796     (7)  In a formal review hearing under subsection (6) or an
2797informal review hearing under subsection (4), the hearing
2798officer shall determine by a preponderance of the evidence
2799whether sufficient cause exists to sustain, amend, or invalidate
2800the disqualification. The scope of the review shall be limited
2801to the following issues:
2802     (a)  If the person was disqualified from operating a
2803commercial motor vehicle for driving with an unlawful blood-
2804alcohol level:
2805     1.  Whether the arresting law enforcement officer had
2806probable cause to believe that the person was driving or in
2807actual physical control of a commercial motor vehicle, or any
2808motor vehicle if the driver holds a commercial driver's license,
2809in this state while he or she had any alcohol, chemical
2810substances, or controlled substances in his or her body.
2811     2.  Whether the person had an unlawful blood-alcohol level
2812or breath-alcohol level of 0.08 or higher.
2813     (b)  If the person was disqualified from operating a
2814commercial motor vehicle for refusal to submit to a breath,
2815blood, or urine test:
2816     1.  Whether the law enforcement officer had probable cause
2817to believe that the person was driving or in actual physical
2818control of a commercial motor vehicle, or any motor vehicle if
2819the driver holds a commercial driver's license, in this state
2820while he or she had any alcohol, chemical substances, or
2821controlled substances in his or her body.
2822     2.  Whether the person refused to submit to the test after
2823being requested to do so by a law enforcement officer or
2824correctional officer.
2825     3.  Whether the person was told that if he or she refused
2826to submit to such test he or she would be disqualified from
2827operating a commercial motor vehicle for a period of 1 year or,
2828if previously disqualified under this section, permanently.
2829     (8)  Based on the determination of the hearing officer
2830pursuant to subsection (7) for both informal hearings under
2831subsection (4) and formal hearings under subsection (6), the
2832department shall:
2833     (a)  sustain the disqualification for the time period
2834described in 49 C.F.R. s. 383.51 a period of 1 year for a first
2835refusal, or permanently if such person has been previously
2836disqualified from operating a commercial motor vehicle under
2837this section. The disqualification period commences on the date
2838of 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
2841actual physical control of a commercial motor vehicle, or any
2842motor vehicle if the driver holds a commercial driver's license,
2843and had an unlawful blood-alcohol level or breath-alcohol level
2844of 0.08 or higher; or
2845     2.  Permanently if the person has been previously
2846disqualified from operating a commercial motor vehicle under
2847this section or his or her driving privilege has been previously
2848suspended for driving or being in actual physical control of a
2849commercial motor vehicle, or any motor vehicle if the driver
2850holds a commercial driver's license, and had an unlawful blood-
2851alcohol level or breath-alcohol level of 0.08 or higher.
2852
2853The disqualification period commences on the date of the
2854issuance of the notice of disqualification.
2855     (11)  The formal review hearing may be conducted upon a
2856review of the reports of a law enforcement officer or a
2857correctional officer, including documents relating to the
2858administration of a breath test or blood test or the refusal to
2859take a breath, blood, or urine either test. However, as provided
2860in subsection (6), the driver may subpoena the officer or any
2861person who administered or analyzed a breath or blood test.
2862     Section 74.  Section 328.30, Florida Statutes, is amended
2863to read:
2864     328.30  Transactions by electronic or telephonic means.-
2865     (1)  The department may is authorized to accept any
2866application provided for under this chapter by electronic or
2867telephonic means.
2868     (2)  The department may issue an electronic certificate of
2869title in lieu of printing a paper title.
2870     (3)  The department may collect and use electronic mail
2871addresses for the purpose of providing renewal notices in lieu
2872of the United States Postal Service.
2873     Section 75.  Subsection (17) of section 328.72, Florida
2874Statutes, 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;
2877surcharge; disposition of fees; fines; marine turtle stickers.-
2878     (17)  Notwithstanding subsection (11), the department and
2879the tax collectors acting as agents for the department shall
2880provide a complete list of voluntary contributions authorized by
2881law to customers applying for registration or renewal
2882registration. The renewal application forms must include either
2883a complete list of all authorized voluntary contributions or the
2884department's website address which provides a complete list and
2885information on all authorized voluntary contributions. The
2886department or a tax collector may include on the renewal forms a
2887complete list of authorized voluntary contributions and the
2888department's website address. Customers renewing a registration
2889at either a tax collector's office or a department office shall
2890be provided information on voluntary contribution options.
2891     Section 76.  Subsection (2) of section 413.012, Florida
2892Statutes, is amended to read:
2893     413.012  Confidential records disclosure prohibited;
2894exemptions.-
2895     (2)  It is unlawful for any person to disclose, authorize
2896the disclosure, solicit, receive, or make use of any list of
2897names and addresses or any record containing any information set
2898forth in subsection (1) and maintained in the division. The
2899prohibition provided for in this subsection shall not apply to
2900the use of such information for purposes directly connected with
2901the administration of the vocational rehabilitation program or
2902with the monthly dispatch to the Division of Driver Licenses of
2903the Department of Highway Safety and Motor Vehicles of the name
2904in full, place and date of birth, sex, social security number,
2905and resident address of individuals with central visual acuity
290620/200 or less in the better eye with correcting glasses, or a
2907disqualifying field defect in which the peripheral field has
2908contracted to such an extent that the widest diameter or visual
2909field subtends an angular distance no greater than 20 degrees.
2910When requested in writing by an applicant or client, or her or
2911his representative, the Division of Blind Services shall release
2912confidential information to the applicant or client or her or
2913his representative.
2914     Section 77.  Paragraph (f) of subsection (13) of section
2915713.78, Florida Statutes, is amended to read:
2916     713.78  Liens for recovering, towing, or storing vehicles
2917and vessels.-
2918     (13)
2919     (f)  This subsection applies only to the annual renewal in
2920the registered owner's birth month of a motor vehicle
2921registration and does not apply to the transfer of a
2922registration of a motor vehicle sold by a motor vehicle dealer
2923licensed under chapter 320, except for the transfer of
2924registrations which is inclusive of the annual renewals. This
2925subsection does not apply to any vehicle registered in the name
2926of the lessor. This subsection does not affect the issuance of
2927the title to a motor vehicle, notwithstanding s.
2928319.23(8)(7)(b).
2929     Section 78.  (1)  This section may be cited as the "To
2930Inform Families First Act."
2931     (2)  The Department of Highway Safety and Motor Vehicles is
2932encouraged to educate the law enforcement community and the
2933general public about the importance of making certain that
2934drivers are aware of and use the Emergency Contact Information
2935program, established by the department. The department shall
2936provide signs for the driver license offices to advertise the
2937program. This voluntary program allows each driver the
2938opportunity to register the names of up to two individuals as
2939the person he or she would want to be contacted if he or she is
2940involved in a crash.
2941     Section 79.  Except as otherwise expressly provided in this
2942act, this act shall take effect July 1, 2011.


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