Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for CS for SB 1122
Barcode 928190
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
03/09/2012 10:18 AM .
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Senator Latvala moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (3) of section 20.24, Florida
6 Statutes, is amended to read:
7 20.24 Department of Highway Safety and Motor Vehicles.
8 There is created a Department of Highway Safety and Motor
9 Vehicles.
10 (3) The Office of Commercial Vehicle Enforcement Motor
11 Carrier Compliance is established within the Division of the
12 Florida Highway Patrol.
13 Section 2. Subsection (21) of section 316.003, Florida
14 Statutes, is amended, and subsection (89) is added to that
15 section, to read:
16 316.003 Definitions.—The following words and phrases, when
17 used in this chapter, shall have the meanings respectively
18 ascribed to them in this section, except where the context
19 otherwise requires:
20 (21) MOTOR VEHICLE.—A Any self-propelled vehicle not
21 operated upon rails or guideway, but not including any bicycle,
22 motorized scooter, electric personal assistive mobility device,
23 swamp buggy, or moped.
24 (89) SWAMP BUGGY.—A motorized off-road vehicle that is
25 designed or modified to travel over swampy or varied terrain and
26 that may use large tires or tracks operated from an elevated
27 platform. The term does not include any vehicle defined in
28 chapter 261 or otherwise defined or classified in this chapter.
29 Section 3. Paragraph (d) of subsection (1) of section
30 316.0083, Florida Statutes, is amended to read:
31 316.0083 Mark Wandall Traffic Safety Program;
32 administration; report.—
33 (1)
34 (d)1. The owner of the motor vehicle involved in the
35 violation is responsible and liable for paying the uniform
36 traffic citation issued for a violation of s. 316.074(1) or s.
37 316.075(1)(c)1. when the driver failed to stop at a traffic
38 signal, unless the owner can establish that:
39 a. The motor vehicle passed through the intersection in
40 order to yield right-of-way to an emergency vehicle or as part
41 of a funeral procession;
42 b. The motor vehicle passed through the intersection at the
43 direction of a law enforcement officer;
44 c. The motor vehicle was, at the time of the violation, in
45 the care, custody, or control of another person; or
46 d. A uniform traffic citation was issued by a law
47 enforcement officer to the driver of the motor vehicle for the
48 alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.
49 e. The motor vehicle’s owner was deceased on or before the
50 date that the uniformed traffic citation was issued, as
51 established by an affidavit submitted by the representative of
52 the motor vehicle owner’s estate or other designated person or
53 family member.
54 2. In order to establish such facts, the owner of the motor
55 vehicle shall, within 30 days after the date of issuance of the
56 traffic citation, furnish to the appropriate governmental entity
57 an affidavit setting forth detailed information supporting an
58 exemption as provided in this paragraph.
59 a. An affidavit supporting an exemption under sub
60 subparagraph 1.c. must include the name, address, date of birth,
61 and, if known, the driver driver’s license number of the person
62 who leased, rented, or otherwise had care, custody, or control
63 of the motor vehicle at the time of the alleged violation. If
64 the vehicle was stolen at the time of the alleged offense, the
65 affidavit must include the police report indicating that the
66 vehicle was stolen.
67 b. If a traffic citation for a violation of s. 316.074(1)
68 or s. 316.075(1)(c)1. was issued at the location of the
69 violation by a law enforcement officer, the affidavit must
70 include the serial number of the uniform traffic citation.
71 c. If the motor vehicle’s owner to whom a traffic citation
72 has been issued is deceased, the affidavit must include a
73 certified copy of the owner’s death certificate showing that the
74 date of death occurred on or before the issuance of the uniform
75 traffic citation and one of the following:
76 (I) A bill of sale or other document showing that the
77 deceased owner’s motor vehicle was sold or transferred after his
78 or her death, but on or before the date of the alleged
79 violation;
80 (II) Documentary proof that the registered license plate
81 belonging to the deceased owner’s vehicle was turned into the
82 department or agent of the department, but on or before the date
83 of the alleged violation; or
84 (III) A copy of a police report showing that the deceased
85 owner’s registered license plate or motor vehicle was stolen
86 after the owner’s death, but on or before the date of the
87 alleged violation.
88
89 Upon receipt of the affidavit and documentation required under
90 this sub-subparagraph, the governmental entity must dismiss the
91 citation and provide proof of the dismissal to the person that
92 submitted the affidavit.
93 3. Upon receipt of an affidavit, the person designated as
94 having care, custody, and control of the motor vehicle at the
95 time of the violation may be issued a traffic citation for a
96 violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
97 failed to stop at a traffic signal. The affidavit is admissible
98 in a proceeding pursuant to this section for the purpose of
99 providing proof that the person identified in the affidavit was
100 in actual care, custody, or control of the motor vehicle. The
101 owner of a leased vehicle for which a traffic citation is issued
102 for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the
103 driver failed to stop at a traffic signal is not responsible for
104 paying the traffic citation and is not required to submit an
105 affidavit as specified in this subsection if the motor vehicle
106 involved in the violation is registered in the name of the
107 lessee of such motor vehicle.
108 4. The submission of a false affidavit is a misdemeanor of
109 the second degree, punishable as provided in s. 775.082 or s.
110 775.083.
111 Section 4. Section 316.1303, Florida Statutes, is amended
112 to read:
113 316.1303 Traffic regulations to assist mobility-impaired
114 persons.—
115 (1) Whenever a pedestrian who is mobility impaired is in
116 the process of crossing a public street or highway with the
117 assistance of and the pedestrian is mobility-impaired (using a
118 guide dog or service animal designated as such with a visible
119 means of identification, a walker, a crutch, an orthopedic cane,
120 or a wheelchair), the driver of a every vehicle approaching the
121 intersection, as defined in s. 316.003(17), shall bring his or
122 her vehicle to a full stop before arriving at the such
123 intersection and, before proceeding, shall take such precautions
124 as may be necessary to avoid injuring the such pedestrian.
125 (2) A person who is mobility impaired and who is using a
126 motorized wheelchair on a sidewalk may temporarily leave the
127 sidewalk and use the roadway to avoid a potential conflict, if
128 no alternative route exists. A law enforcement officer may issue
129 only a verbal warning to such person.
130 (3) A person who is convicted of a violation of subsection
131 (1) this section shall be punished as provided in s. 318.18(3).
132 Section 5. Subsection (3) of section 316.183, Florida
133 Statutes, is amended to read:
134 316.183 Unlawful speed.—
135 (3) A No school bus may not shall exceed the posted speed
136 limits, not to exceed 55 miles per hour at any time.
137 Section 6. Effective October 1, 2012, paragraph (d) of
138 subsection (3) and subsections (5) and (8) of section 316.2065,
139 Florida Statutes, are amended to read:
140 316.2065 Bicycle regulations.—
141 (3)
142 (d) A bicycle rider or passenger who is under 16 years of
143 age must wear a bicycle helmet that is properly fitted and is
144 fastened securely upon the passenger’s head by a strap, and that
145 meets the federal safety standard for bicycle helmets, final
146 rule, 16 C.F.R. part 1203. A helmet purchased before October 1,
147 2012, which meets the standards of the American National
148 Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
149 standards of the Snell Memorial Foundation (1984 Standard for
150 Protective Headgear for Use in Bicycling), or any other
151 nationally recognized standards for bicycle helmets adopted by
152 the department may continue to be worn by a bicycle rider or
153 passenger until January 1, 2016. As used in this subsection, the
154 term “passenger” includes a child who is riding in a trailer or
155 semitrailer attached to a bicycle.
156 (5)(a) Any person operating a bicycle upon a roadway at
157 less than the normal speed of traffic at the time and place and
158 under the conditions then existing shall ride in the lane marked
159 for bicycle use or, if no lane is marked for bicycle use, as
160 close as practicable to the right-hand curb or edge of the
161 roadway except under any of the following situations:
162 1. When overtaking and passing another bicycle or vehicle
163 proceeding in the same direction.
164 2. When preparing for a left turn at an intersection or
165 into a private road or driveway.
166 3. When reasonably necessary to avoid any condition or
167 potential conflict, including, but not limited to, a fixed or
168 moving object, parked or moving vehicle, bicycle, pedestrian,
169 animal, surface hazard, turn lane, or substandard-width lane,
170 which that makes it unsafe to continue along the right-hand curb
171 or edge or within a bicycle lane. For the purposes of this
172 subsection, a “substandard-width lane” is a lane that is too
173 narrow for a bicycle and another vehicle to travel safely side
174 by side within the lane.
175 (b) Any person operating a bicycle upon a one-way highway
176 with two or more marked traffic lanes may ride as near the left
177 hand curb or edge of such roadway as practicable.
178 (8) Every bicycle in use between sunset and sunrise shall
179 be equipped with a lamp on the front exhibiting a white light
180 visible from a distance of at least 500 feet to the front and a
181 lamp and reflector on the rear each exhibiting a red light
182 visible from a distance of 600 feet to the rear. A bicycle or
183 its rider may be equipped with lights or reflectors in addition
184 to those required by this section. A law enforcement officer may
185 issue a bicycle safety brochure and a verbal warning to a
186 bicycle rider who violates this subsection or may issue a
187 citation and assess a fine for a pedestrian violation as
188 provided in s. 318.18. The court shall dismiss the charge
189 against a bicycle rider for a first violation of this subsection
190 upon proof of purchase and installation of the proper lighting
191 equipment.
192 Section 7. Subsection (3) of section 316.2085, Florida
193 Statutes, is amended, and subsection (7) of that section is
194 republished, to read:
195 316.2085 Riding on motorcycles or mopeds.—
196 (3) The license tag of a motorcycle or moped must be
197 permanently affixed to the vehicle and remain clearly visible
198 from the rear at all times may not be adjusted or capable of
199 being flipped up. Any deliberate act to conceal or obscure No
200 device for or method of concealing or obscuring the legibility
201 of the license tag of a motorcycle is prohibited shall be
202 installed or used. The license tag of a motorcycle or moped may
203 be affixed horizontally to the ground so that the numbers and
204 letters read from left to right. Alternatively, a license tag
205 for a motorcycle or moped for which the numbers and letters read
206 from top to bottom may be affixed perpendicularly to the ground,
207 provided that the registered owner of the motorcycle or moped
208 maintains a prepaid toll account in good standing and a
209 transponder associated with the prepaid toll account is affixed
210 to the motorcycle or moped. Notwithstanding the authorization to
211 affix the license tag of a motorcycle or moped perpendicularly
212 to the ground, the owner or operator of a motorcycle or moped
213 shall pay any required toll pursuant to s. 316.1001 by whatever
214 means available.
215 (7) A violation of this section is a noncriminal traffic
216 infraction, punishable as a moving violation as provided in
217 chapter 318.
218 Section 8. Subsection (1) of section 316.2126, Florida
219 Statutes, is amended to read:
220 316.2126 Authorized use of golf carts, low-speed vehicles,
221 and utility vehicles.—
222 (1) In addition to the powers granted by ss. 316.212 and
223 316.2125, municipalities are authorized to use utilize golf
224 carts and utility vehicles, as defined in s. 320.01, upon any
225 state, county, or municipal roads located within the corporate
226 limits of such municipalities, subject to the following
227 conditions:
228 (a) Golf carts and utility vehicles must comply with the
229 operational and safety requirements in ss. 316.212 and 316.2125,
230 and with any more restrictive ordinances enacted by the local
231 governmental entity pursuant to s. 316.212(8), and shall be
232 operated only by municipal employees for municipal purposes,
233 including, but not limited to, police patrol, traffic
234 enforcement, and inspection of public facilities.
235 (b) In addition to the safety equipment required in s.
236 316.212(6) and any more restrictive safety equipment required by
237 the local governmental entity pursuant to s. 316.212(8), such
238 golf carts and utility vehicles must be equipped with sufficient
239 lighting and turn signal equipment.
240 (c) Golf carts and utility vehicles may be operated only on
241 state roads that have a posted speed limit of 30 miles per hour
242 or less.
243 (d) Golf carts and utility vehicles may cross a portion of
244 the State Highway System which has a posted speed limit of 45
245 miles per hour or less only at an intersection with an official
246 traffic control device.
247 (e) Golf carts and utility vehicles may operate on
248 sidewalks adjacent to state highways only if such golf carts and
249 utility vehicles yield to pedestrians and if the sidewalks are
250 at least 5 feet wide.
251 Section 9. Section 316.2129, Florida Statutes, is created
252 to read:
253 316.2129 Operation of swamp buggies on public roads,
254 streets, or highways authorized.—
255 (1) A swamp buggy may be operated on a public road, street,
256 or highway if the local governmental entity, as defined in s.
257 334.03, having jurisdiction over the public road, street, or
258 highway, has designated it for use by swamp buggies. Upon
259 determining that swamp buggies may safely operate on or cross
260 such public road, street, or highway, the local governmental
261 entity shall post appropriate signs or otherwise inform the
262 public that the operation of swamp buggies is allowed. This
263 authorization does not apply to the State Highway System, as
264 defined in s. 334.03. However, a swamp buggy may be operated on
265 a part of the State Highway System only to cross that portion of
266 the State Highway System which intersects a county road or
267 municipal street that has been designated for use by swamp
268 buggies if the Department of Transportation has reviewed and
269 approved the location and design of the crossing and any traffic
270 control devices needed for safety purposes.
271 (2) A swamp buggy may be operated on land managed, owned,
272 or leased by a state or federal agency if the state or federal
273 agency allows the operation of swamp buggies on such land,
274 including any public road, street, or highway running through or
275 located within the state or federal land. Upon determining that
276 swamp buggies may safely operate on or cross a public road,
277 street, or highway running through or located within such land,
278 the state or federal agency shall post appropriate signs or
279 otherwise inform the public that the operation of swamp buggies
280 is allowed.
281 Section 10. Subsection (7) of section 316.2397, Florida
282 Statutes, is amended to read:
283 316.2397 Certain lights prohibited; exceptions.—
284 (7) Flashing lights are prohibited on vehicles except:
285 (a) As a means of indicating a right or left turn, to
286 change lanes, or to indicate that the vehicle is lawfully
287 stopped or disabled upon the highway;
288 (b) When a motorist intermittently flashes his or her
289 vehicle’s headlamps at an oncoming vehicle notwithstanding the
290 motorist’s intent for doing so; and or except that
291 (c) For the lamps authorized under in subsections (1), (2),
292 (3), (4), and (9), s. 316.2065, or and s. 316.235(5) which may
293 are permitted to flash.
294 Section 11. Effective July 1, 2012, paragraph (b) of
295 subsection (1) and paragraph (c) of subsection (2) of section
296 316.302, Florida Statutes, are amended to read:
297 316.302 Commercial motor vehicles; safety regulations;
298 transporters and shippers of hazardous materials; enforcement.—
299 (1)
300 (b) Except as otherwise provided in this section, all
301 owners or drivers of commercial motor vehicles that are engaged
302 in intrastate commerce are subject to the rules and regulations
303 contained in 49 C.F.R. parts 382, 385, and 390-397, with the
304 exception of 49 C.F.R. s. 390.5 as it relates to the definition
305 of bus, as such rules and regulations existed on October 1, 2011
306 2009.
307 (2)
308 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
309 operates a commercial motor vehicle solely in intrastate
310 commerce not transporting any hazardous material in amounts that
311 require placarding pursuant to 49 C.F.R. part 172 may not drive
312 after having been on duty more than 70 hours in any period of 7
313 consecutive days or more than 80 hours in any period of 8
314 consecutive days if the motor carrier operates every day of the
315 week. Thirty-four consecutive hours off duty shall constitute
316 the end of any such period of 7 or 8 consecutive days. This
317 weekly limit does not apply to a person who operates a
318 commercial motor vehicle solely within this state while
319 transporting, during harvest periods, any unprocessed
320 agricultural products or unprocessed food or fiber that is
321 subject to seasonal harvesting from place of harvest to the
322 first place of processing or storage or from place of harvest
323 directly to market or while transporting livestock, livestock
324 feed, or farm supplies directly related to growing or harvesting
325 agricultural products. Upon request of the Department of Highway
326 Safety and Motor Vehicles Department of Transportation, motor
327 carriers shall furnish time records or other written
328 verification to that department so that the Department of
329 Highway Safety and Motor Vehicles Department of Transportation
330 can determine compliance with this subsection. These time
331 records must be furnished to the Department of Highway Safety
332 and Motor Vehicles Department of Transportation within 2 days
333 after receipt of that department’s request. Falsification of
334 such information is subject to a civil penalty not to exceed
335 $100. The provisions of this paragraph do not apply to operators
336 of farm labor vehicles operated during a state of emergency
337 declared by the Governor or operated pursuant to s. 570.07(21),
338 and do not apply to drivers of utility service vehicles as
339 defined in 49 C.F.R. s. 395.2.
340 Section 12. Subsection (1) of section 316.3026, Florida
341 Statutes, is amended to read:
342 316.3026 Unlawful operation of motor carriers.—
343 (1) The Office of Commercial Vehicle Enforcement Motor
344 Carrier Compliance may issue out-of-service orders to motor
345 carriers, as defined in s. 320.01(33), who, after proper notice,
346 have failed to pay any penalty or fine assessed by the
347 department, or its agent, against any owner or motor carrier for
348 violations of state law, refused to submit to a compliance
349 review and provide records pursuant to s. 316.302(5) or s.
350 316.70, or violated safety regulations pursuant to s. 316.302 or
351 insurance requirements in s. 627.7415. Such out-of-service
352 orders have the effect of prohibiting the operations of any
353 motor vehicles owned, leased, or otherwise operated by the motor
354 carrier upon the roadways of this state, until the violations
355 have been corrected or penalties have been paid. Out-of-service
356 orders must be approved by the director of the Division of the
357 Florida Highway Patrol or his or her designee. An administrative
358 hearing pursuant to s. 120.569 shall be afforded to motor
359 carriers subject to such orders.
360 Section 13. Section 316.613, Florida Statutes, is amended
361 to read:
362 316.613 Child restraint requirements.—
363 (1)(a) Every operator of a motor vehicle as defined in this
364 section herein, while transporting a child in a motor vehicle
365 operated on the roadways, streets, or highways of this state,
366 shall, if the child is 5 years of age or younger, provide for
367 protection of the child by properly using a crash-tested,
368 federally approved child restraint device. For children aged
369 through 3 years, such restraint device must be a separate
370 carrier or a vehicle manufacturer’s integrated child seat. For
371 children aged 4 through 5 years, a separate carrier, an
372 integrated child seat, or a seat belt may be used.
373 (b) The department shall provide notice of the requirement
374 for child restraint devices, which notice shall accompany the
375 delivery of each motor vehicle license tag.
376 (2) As used in this section, the term “motor vehicle” means
377 a motor vehicle as defined in s. 316.003 that is operated on the
378 roadways, streets, and highways of the state. The term does not
379 include:
380 (a) A school bus as defined in s. 316.003(45).
381 (b) A bus used for the transportation of persons for
382 compensation, other than a bus regularly used to transport
383 children to or from school, as defined in s. 316.615(1)(b), or
384 in conjunction with school activities.
385 (c) A farm tractor or implement of husbandry.
386 (d) A truck having a gross vehicle weight rating of more
387 than 26,000 pounds.
388 (e) A motorcycle, moped, or bicycle.
389 (3) The failure to provide and use a child passenger
390 restraint shall not be considered comparative negligence, nor
391 shall such failure be admissible as evidence in the trial of any
392 civil action with regard to negligence.
393 (4) It is the legislative intent that all state, county,
394 and local law enforcement agencies, and safety councils, in
395 recognition of the problems with child death and injury from
396 unrestrained occupancy in motor vehicles, conduct a continuing
397 safety and public awareness campaign as to the magnitude of the
398 problem.
399 (5) Any person who violates the provisions of this section
400 commits a moving violation, punishable as provided in chapter
401 318 and shall have 3 points assessed against his or her driver
402 driver’s license as set forth in s. 322.27. In lieu of the
403 penalty specified in s. 318.18 and the assessment of points, a
404 person who violates the provisions of this section may elect,
405 with the court’s approval, to participate in a child restraint
406 safety program approved by the chief judge of the circuit in
407 which the violation occurs, and, upon completing such program,
408 the penalty specified in chapter 318 and associated costs may be
409 waived at the court’s discretion and the assessment of points
410 shall be waived. The child restraint safety program must use a
411 course approved by the Department of Highway Safety and Motor
412 Vehicles, and the fee for the course must bear a reasonable
413 relationship to the cost of providing the course.
414 (6) The child restraint requirements imposed by this
415 section do not apply to a chauffeur-driven taxi, limousine,
416 sedan, van, bus, motor coach, or other passenger vehicle if the
417 operator and the motor vehicle are hired and used for the
418 transportation of persons for compensation. It is the obligation
419 and responsibility of the parent, guardian, or other person
420 responsible for a child’s welfare, as defined in s. 39.01(47),
421 to comply with the requirements of this section.
422 Section 14. Section 316.6135, Florida Statutes, is amended
423 to read:
424 316.6135 Leaving children unattended or unsupervised in
425 motor vehicles; penalty; authority of law enforcement officer.—
426 (1) A parent, legal guardian, or other person responsible
427 for a child younger than 6 years of age may not leave the such
428 child unattended or unsupervised in a motor vehicle:
429 (a) For a period in excess of 15 minutes;
430 (b) For any period of time if the motor of the vehicle is
431 running, or the health of the child is in danger, or the child
432 appears to be in distress.
433 (2) Any person who violates the provisions of paragraph
434 (1)(a) commits a misdemeanor of the second degree punishable as
435 provided in s. 775.082 or s. 775.083.
436 (3) Any person who violates the provisions of paragraph
437 (1)(b) is guilty of a noncriminal traffic infraction, punishable
438 by a fine not less than $50 and not more than $500.
439 (4) Any person who violates subsection (1) and in so doing
440 causes great bodily harm, permanent disability, or permanent
441 disfigurement to a child commits a felony of the third degree,
442 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
443 (5) Any law enforcement officer who observes a child left
444 unattended or unsupervised in a motor vehicle in violation of
445 subsection (1) may use whatever means are reasonably necessary
446 to protect the minor child and to remove the child from the
447 vehicle.
448 (6) If the child is removed from the immediate area,
449 notification should be placed on the vehicle.
450 (7) The child shall be remanded to the custody of the
451 Department of Children and Family Services pursuant to chapter
452 39, unless the law enforcement officer is able to locate the
453 parents or legal guardian or other person responsible for the
454 child.
455 Section 15. Subsection (2) of section 316.655, Florida
456 Statutes, is amended to read:
457 316.655 Penalties.—
458 (2) A driver Drivers convicted of a violation of any
459 offense prohibited by this chapter or any other law of this
460 state regulating motor vehicles, which resulted in an accident,
461 may have his or her their driving privileges revoked or
462 suspended by the court if the court finds such revocation or
463 suspension warranted by the totality of the circumstances
464 resulting in the conviction and the need to provide for the
465 maximum safety for all persons who travel on or who are
466 otherwise affected by the use of the highways of the state. In
467 determining whether suspension or revocation is appropriate, the
468 court shall consider all pertinent factors, including, but not
469 limited to, such factors as the extent and nature of the
470 driver’s violation of this chapter, the number of persons killed
471 or injured as the result of the driver’s violation of this
472 chapter, and the extent of any property damage resulting from
473 the driver’s violation of this chapter.
474 Section 16. Subsections (9) and (10) of section 318.14,
475 Florida Statutes, are amended to read:
476 318.14 Noncriminal traffic infractions; exception;
477 procedures.—
478 (9) Any person who does not hold a commercial driver
479 driver’s license and who is cited while driving a noncommercial
480 motor vehicle for an infraction under this section other than a
481 violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
482 driver exceeds the posted limit by 30 miles per hour or more, s.
483 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
484 322.61, or s. 322.62 may, in lieu of a court appearance, elect
485 to attend in the location of his or her choice within this state
486 a basic driver improvement course approved by the Department of
487 Highway Safety and Motor Vehicles. In such a case, adjudication
488 must be withheld and points, as provided by s. 322.27, may not
489 be assessed. However, a person may not make an election under
490 this subsection if the person has made an election under this
491 subsection in the preceding 12 months. A person may not make no
492 more than five elections within his or her lifetime under this
493 subsection. The requirement for community service under s.
494 318.18(8) is not waived by a plea of nolo contendere or by the
495 withholding of adjudication of guilt by a court. If a person
496 makes an election to attend a basic driver improvement course
497 under this subsection, 18 percent of the civil penalty imposed
498 under s. 318.18(3) shall be deposited in the State Courts
499 Revenue Trust Fund; however, that portion is not revenue for
500 purposes of s. 28.36 and may not be used in establishing the
501 budget of the clerk of the court under that section or s. 28.35.
502 (10)(a) Any person who does not hold a commercial driver
503 driver’s license and who is cited while driving a noncommercial
504 motor vehicle for an offense listed under this subsection may,
505 in lieu of payment of fine or court appearance, elect to enter a
506 plea of nolo contendere and provide proof of compliance to the
507 clerk of the court, designated official, or authorized operator
508 of a traffic violations bureau. In such case, adjudication shall
509 be withheld; however, a person may not make an no election shall
510 be made under this subsection if the such person has made an
511 election under this subsection in the preceding 12 months
512 preceding election hereunder. A No person may not make more than
513 three elections under this subsection. This subsection applies
514 to the following offenses:
515 1. Operating a motor vehicle without a valid driver
516 driver’s license in violation of the provisions of s. 322.03, s.
517 322.065, or s. 322.15(1), or operating a motor vehicle with a
518 license that has been suspended for failure to appear, failure
519 to pay civil penalty, or failure to attend a driver improvement
520 course pursuant to s. 322.291.
521 2. Operating a motor vehicle without a valid registration
522 in violation of s. 320.0605, s. 320.07, or s. 320.131.
523 3. Operating a motor vehicle in violation of s. 316.646.
524 4. Operating a motor vehicle with a license that has been
525 suspended under s. 61.13016 or s. 322.245 for failure to pay
526 child support or for failure to pay any other financial
527 obligation as provided in s. 322.245; however, this subparagraph
528 does not apply if the license has been suspended pursuant to s.
529 322.245(1).
530 5. Operating a motor vehicle with a license that has been
531 suspended under s. 322.091 for failure to meet school attendance
532 requirements.
533 (b) Any person cited for an offense listed in this
534 subsection shall present proof of compliance before prior to the
535 scheduled court appearance date. For the purposes of this
536 subsection, proof of compliance shall consist of a valid,
537 renewed, or reinstated driver driver’s license or registration
538 certificate and proper proof of maintenance of security as
539 required by s. 316.646. Notwithstanding waiver of fine, any
540 person establishing proof of compliance shall be assessed court
541 costs of $25, except that a person charged with violation of s.
542 316.646(1)-(3) may be assessed court costs of $8. One dollar of
543 such costs shall be remitted to the Department of Revenue for
544 deposit into the Child Welfare Training Trust Fund of the
545 Department of Children and Family Services. One dollar of such
546 costs shall be distributed to the Department of Juvenile Justice
547 for deposit into the Juvenile Justice Training Trust Fund.
548 Fourteen dollars of such costs shall be distributed to the
549 municipality and $9 shall be deposited by the clerk of the court
550 into the fine and forfeiture fund established pursuant to s.
551 142.01, if the offense was committed within the municipality. If
552 the offense was committed in an unincorporated area of a county
553 or if the citation was for a violation of s. 316.646(1)-(3), the
554 entire amount shall be deposited by the clerk of the court into
555 the fine and forfeiture fund established pursuant to s. 142.01,
556 except for the moneys to be deposited into the Child Welfare
557 Training Trust Fund and the Juvenile Justice Training Trust
558 Fund. This subsection does shall not be construed to authorize
559 the operation of a vehicle without a valid driver driver’s
560 license, without a valid vehicle tag and registration, or
561 without the maintenance of required security.
562 Section 17. Paragraph (c) is added to subsection (1) of
563 section 318.15, Florida Statutes, to read:
564 318.15 Failure to comply with civil penalty or to appear;
565 penalty.—
566 (1)
567 (c) A person who is charged with a traffic infraction may
568 request a hearing within 180 days after the date upon which the
569 violation occurred, regardless of any action taken by the court
570 or the department to suspend the person’s driving privilege,
571 and, upon request, the clerk must set the case for hearing. The
572 person shall be given a form for requesting that his or her
573 driving privilege be reinstated. If the 180th day after the date
574 upon which the violation occurred is a Saturday, Sunday, or a
575 legal holiday, the person who is charged must request a hearing
576 within 177 days after the date upon which the violation
577 occurred; however, the court may grant a request for a hearing
578 made more than 180 days after the date upon which the violation
579 occurred. This paragraph does not affect the assessment of late
580 fees as otherwise provided in this chapter.
581 Section 18. Paragraph (f) of subsection (3) of section
582 318.18, Florida Statutes, is amended to read:
583 318.18 Amount of penalties.—The penalties required for a
584 noncriminal disposition pursuant to s. 318.14 or a criminal
585 offense listed in s. 318.17 are as follows:
586 (3)
587 (f) If a violation of s. 316.1301 or s. 316.1303(1) s.
588 316.1303 results in an injury to the pedestrian or damage to the
589 property of the pedestrian, an additional fine of up to $250
590 shall be paid. This amount must be distributed pursuant to s.
591 318.21.
592 Section 19. Subsection (5) of section 318.21, Florida
593 Statutes, is amended to read:
594 318.21 Disposition of civil penalties by county courts.—All
595 civil penalties received by a county court pursuant to the
596 provisions of this chapter shall be distributed and paid monthly
597 as follows:
598 (5) Of the additional fine assessed under s. 318.18(3)(f)
599 for a violation of s. 316.1303(1) s. 316.1303, 60 percent must
600 be remitted to the Department of Revenue and transmitted monthly
601 to the Florida Endowment Foundation for Vocational
602 Rehabilitation, and 40 percent must be distributed pursuant to
603 subsections (1) and (2).
604 Section 20. Section 319.14, Florida Statutes, is amended to
605 read:
606 319.14 Sale of motor vehicles registered or used as
607 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
608 and nonconforming vehicles, custom vehicles, or street rod
609 vehicles.—
610 (1)(a) A No person may not shall knowingly offer for sale,
611 sell, or exchange any vehicle that has been licensed,
612 registered, or used as a taxicab, police vehicle, or short-term
613 lease vehicle, or a vehicle that has been repurchased by a
614 manufacturer pursuant to a settlement, determination, or
615 decision under chapter 681, until the department has stamped in
616 a conspicuous place on the certificate of title of the vehicle,
617 or its duplicate, words stating the nature of the previous use
618 of the vehicle or the title has been stamped “Manufacturer’s Buy
619 Back” to reflect that the vehicle is a nonconforming vehicle. If
620 the certificate of title or duplicate was not so stamped upon
621 initial issuance thereof or if, subsequent to initial issuance
622 of the title, the use of the vehicle is changed to a use
623 requiring the notation provided for in this section, the owner
624 or lienholder of the vehicle shall surrender the certificate of
625 title or duplicate to the department prior to offering the
626 vehicle for sale, and the department shall stamp the certificate
627 or duplicate as required herein. When a vehicle has been
628 repurchased by a manufacturer pursuant to a settlement,
629 determination, or decision under chapter 681, the title shall be
630 stamped “Manufacturer’s Buy Back” to reflect that the vehicle is
631 a nonconforming vehicle.
632 (b) A No person may not shall knowingly offer for sale,
633 sell, or exchange a rebuilt vehicle until the department has
634 stamped in a conspicuous place on the certificate of title for
635 the vehicle words stating that the vehicle has been rebuilt or
636 assembled from parts, or is a kit car, glider kit, replica, or
637 flood vehicle, custom vehicle, or street rod vehicle unless
638 proper application for a certificate of title for a vehicle that
639 is rebuilt or assembled from parts, or is a kit car, glider kit,
640 replica, or flood vehicle, custom vehicle, or street rod vehicle
641 has been made to the department in accordance with this chapter
642 and the department has conducted the physical examination of the
643 vehicle to assure the identity of the vehicle and all major
644 component parts, as defined in s. 319.30(1), which have been
645 repaired or replaced. Thereafter, the department shall affix a
646 decal to the vehicle, in the manner prescribed by the
647 department, showing the vehicle to be rebuilt.
648 (c) As used in this section, the term:
649 1. “Police vehicle” means a motor vehicle owned or leased
650 by the state or a county or municipality and used in law
651 enforcement.
652 2.a. “Short-term-lease vehicle” means a motor vehicle
653 leased without a driver and under a written agreement to one or
654 more persons from time to time for a period of less than 12
655 months.
656 b. “Long-term-lease vehicle” means a motor vehicle leased
657 without a driver and under a written agreement to one person for
658 a period of 12 months or longer.
659 c. “Lease vehicle” includes both short-term-lease vehicles
660 and long-term-lease vehicles.
661 3. “Rebuilt vehicle” means a motor vehicle or mobile home
662 built from salvage or junk, as defined in s. 319.30(1).
663 4. “Assembled from parts” means a motor vehicle or mobile
664 home assembled from parts or combined from parts of motor
665 vehicles or mobile homes, new or used. “Assembled from parts”
666 does not mean a motor vehicle defined as a “rebuilt vehicle” in
667 subparagraph 3., which has been declared a total loss pursuant
668 to s. 319.30.
669 5. “Kit car” means a motor vehicle assembled with a kit
670 supplied by a manufacturer to rebuild a wrecked or outdated
671 motor vehicle with a new body kit.
672 6. “Glider kit” means a vehicle assembled with a kit
673 supplied by a manufacturer to rebuild a wrecked or outdated
674 truck or truck tractor.
675 7. “Replica” means a complete new motor vehicle
676 manufactured to look like an old vehicle.
677 8. “Flood vehicle” means a motor vehicle or mobile home
678 that has been declared to be a total loss pursuant to s.
679 319.30(3)(a) resulting from damage caused by water.
680 9. “Nonconforming vehicle” means a motor vehicle which has
681 been purchased by a manufacturer pursuant to a settlement,
682 determination, or decision under chapter 681.
683 10. “Settlement” means an agreement entered into between a
684 manufacturer and a consumer that occurs after a dispute is
685 submitted to a program, or an informal dispute settlement
686 procedure established by a manufacturer or is approved for
687 arbitration before the New Motor Vehicle Arbitration Board as
688 defined in s. 681.102.
689 11. “Custom vehicle” means a motor vehicle that:
690 a. Is 25 years of age or older and of a model year after
691 1948 or was manufactured to resemble a vehicle that is 25 years
692 of age or older and of a model year after 1948; and
693 b. Has been altered from the manufacturer’s original design
694 or has a body constructed from nonoriginal materials.
695
696 The model year and year of manufacture that the body of a custom
697 vehicle resembles is the model year and year of manufacture
698 listed on the certificate of title, regardless of when the
699 vehicle was actually manufactured.
700 12. “Street rod” means a motor vehicle that:
701 a. Is of a model year of 1948 or older or was manufactured
702 after 1948 to resemble a vehicle of a model year of 1948 or
703 older; and
704 b. Has been altered from the manufacturer’s original design
705 or has a body constructed from nonoriginal materials.
706
707 The model year and year of manufacture that the body of a street
708 rod resembles is the model year and year of manufacture listed
709 on the certificate of title, regardless of when the vehicle was
710 actually manufactured.
711 (2) A No person may not shall knowingly sell, exchange, or
712 transfer a vehicle referred to in subsection (1) without, before
713 prior to consummating the sale, exchange, or transfer,
714 disclosing in writing to the purchaser, customer, or transferee
715 the fact that the vehicle has previously been titled,
716 registered, or used as a taxicab, police vehicle, or short-term
717 lease vehicle, or is a vehicle that is rebuilt or assembled from
718 parts, or is a kit car, glider kit, replica, or flood vehicle,
719 or is a nonconforming vehicle, custom vehicle, or street rod
720 vehicle, as the case may be.
721 (3) Any person who, with intent to offer for sale or
722 exchange any vehicle referred to in subsection (1), knowingly or
723 intentionally advertises, publishes, disseminates, circulates,
724 or places before the public in any communications medium,
725 whether directly or indirectly, any offer to sell or exchange
726 the vehicle shall clearly and precisely state in each such offer
727 that the vehicle has previously been titled, registered, or used
728 as a taxicab, police vehicle, or short-term-lease vehicle or
729 that the vehicle or mobile home is a vehicle that is rebuilt or
730 assembled from parts, or is a kit car, glider kit, replica, or
731 flood vehicle, or is a nonconforming vehicle, custom vehicle, or
732 street rod vehicle, as the case may be. A Any person who
733 violates this subsection commits a misdemeanor of the second
734 degree, punishable as provided in s. 775.082 or s. 775.083.
735 (4) If When a certificate of title, including a foreign
736 certificate, is branded to reflect a condition or prior use of
737 the titled vehicle, the brand must be noted on the registration
738 certificate of the vehicle and such brand shall be carried
739 forward on all subsequent certificates of title and registration
740 certificates issued for the life of the vehicle.
741 (5) A Any person who knowingly sells, exchanges, or offers
742 to sell or exchange a motor vehicle or mobile home contrary to
743 the provisions of this section or any officer, agent, or
744 employee of a person who knowingly authorizes, directs, aids in,
745 or consents to the sale, exchange, or offer to sell or exchange
746 a motor vehicle or mobile home contrary to the provisions of
747 this section commits a misdemeanor of the second degree,
748 punishable as provided in s. 775.082 or s. 775.083.
749 (6) A Any person who removes a rebuilt decal from a rebuilt
750 vehicle with the intent to conceal the rebuilt status of the
751 vehicle commits a felony of the third degree, punishable as
752 provided in s. 775.082, s. 775.083, or s. 775.084.
753 (7) This section applies to a mobile home, travel trailer,
754 camping trailer, truck camper, or fifth-wheel recreation trailer
755 only when the such mobile home or vehicle is a rebuilt vehicle
756 or is assembled from parts.
757 (8) A No person is not shall be liable or accountable in
758 any civil action arising out of a violation of this section if
759 the designation of the previous use or condition of the motor
760 vehicle is not noted on the certificate of title and
761 registration certificate of the vehicle which was received by,
762 or delivered to, such person, unless the such person has
763 actively concealed the prior use or condition of the vehicle
764 from the purchaser.
765 (9) Subsections (1), (2), and (3) do not apply to the
766 transfer of ownership of a motor vehicle after the motor vehicle
767 has ceased to be used as a lease vehicle and the ownership has
768 been transferred to an owner for private use or to the transfer
769 of ownership of a nonconforming vehicle with 36,000 or more
770 miles on its odometer, or 34 months whichever is later and the
771 ownership has been transferred to an owner for private use. Such
772 owner, as shown on the title certificate, may request the
773 department to issue a corrected certificate of title that does
774 not contain the statement of the previous use of the vehicle as
775 a lease vehicle or condition as a nonconforming vehicle.
776 Section 21. Subsection (6) of section 319.23, Florida
777 Statutes, is amended, present subsections (7) through (11) of
778 that section are redesignated as subsections (8) through (12),
779 respectively, and a new subsection (7) is added to that section,
780 to read:
781 319.23 Application for, and issuance of, certificate of
782 title.—
783 (6)(a) In the case of the sale of a motor vehicle or mobile
784 home by a licensed dealer to a general purchaser, the
785 certificate of title must be obtained in the name of the
786 purchaser by the dealer upon application signed by the
787 purchaser, and in each other case the such certificate must be
788 obtained by the purchaser. In each case of transfer of a motor
789 vehicle or mobile home, the application for a certificate of
790 title, a corrected certificate, or an assignment or reassignment
791 must be filed within 30 days after the delivery of the motor
792 vehicle or after consummation of the sale of the mobile home to
793 the purchaser. An applicant must pay a fee of $20, in addition
794 to all other fees and penalties required by law, for failing to
795 file such application within the specified time. In the case of
796 the sale of a motor vehicle by a licensed motor vehicle dealer
797 to a general purchaser who resides in another state or country,
798 the dealer is not required to apply for a certificate of title
799 for the motor vehicle; however, the dealer must transfer
800 ownership and reassign the certificate of title or
801 manufacturer’s certificate of origin to the purchaser, and the
802 purchaser must sign an affidavit, as approved by the department,
803 that the purchaser will title and register the motor vehicle in
804 another state or country.
805 (b) If a licensed dealer acquires a motor vehicle or mobile
806 home as a trade-in, the dealer must file with the department,
807 within 30 days, a notice of sale signed by the seller. The
808 department shall update its database for that title record to
809 indicate “sold.” A licensed dealer need not apply for a
810 certificate of title for any motor vehicle or mobile home in
811 stock acquired for stock purposes except as provided in s.
812 319.225.
813 (7) If an applicant for a certificate of title is unable to
814 provide the department with a certificate of title that assigns
815 the prior owner’s interest in the motor vehicle, the department
816 may accept a bond in the form prescribed by the department,
817 along with an affidavit in a form prescribed by the department,
818 which includes verification of the vehicle identification number
819 and an application for title.
820 (a) The bond must be:
821 1. In a form prescribed by the department;
822 2. Executed by the applicant;
823 3. Issued by a person authorized to conduct a surety
824 business in this state;
825 4. In an amount equal to two times the value of the vehicle
826 as determined by the department; and
827 5. Conditioned to indemnify all prior owners and
828 lienholders and all subsequent purchasers of the vehicle or
829 persons who acquire a security interest in the vehicle, and
830 their successors in interest, against any expense, loss, or
831 damage, including reasonable attorney fees, occurring because of
832 the issuance of the certificate of title for the vehicle or for
833 a defect in or undisclosed security interest on the right,
834 title, or interest of the applicant to the vehicle.
835 (b) An interested person has a right to recover on the bond
836 for a breach of the bond’s condition. The aggregate liability of
837 the surety to all persons may not exceed the amount of the bond.
838 (c) A bond under this subsection expires on the third
839 anniversary of the date the bond became effective.
840 (d) The affidavit must:
841 1. Be in a form prescribed by the department;
842 2. Include the facts and circumstances under which the
843 applicant acquired ownership and possession of the motor
844 vehicle;
845 3. Disclose that no security interests, liens, or
846 encumbrances against the motor vehicle are known to the
847 applicant against the motor vehicle; and
848 4. State that the applicant has the right to have a
849 certificate of title issued.
850 Section 22. Subsection (8) of section 319.24, Florida
851 Statutes, is amended to read:
852 319.24 Issuance in duplicate; delivery; liens and
853 encumbrances.—
854 (8) Notwithstanding any requirements in this section or in
855 s. 319.27 indicating that a lien on a motor vehicle or mobile
856 home shall be noted on the face of the Florida certificate of
857 title, if there are one or more liens or encumbrances on the
858 motor vehicle or mobile home, the department shall may
859 electronically transmit the lien to the first lienholder and
860 notify the first lienholder of any additional liens. Subsequent
861 lien satisfactions shall may be electronically transmitted to
862 the department and must shall include the name and address of
863 the person or entity satisfying the lien. When electronic
864 transmission of liens and lien satisfactions is are used, the
865 issuance of a certificate of title may be waived until the last
866 lien is satisfied and a clear certificate of title is issued to
867 the owner of the vehicle. In subsequent transfer of ownership of
868 the motor vehicle, it shall be presumed that the motor vehicle
869 title is subject to a lien as set forth in s. 319.225(6)(a)
870 until the title to be issued pursuant to this subsection is
871 received by the person or entity satisfying the lien.
872 Section 23. Subsection (7) is added to section 319.27,
873 Florida Statutes, to read:
874 319.27 Notice of lien on motor vehicles or mobile homes;
875 notation on certificate; recording of lien.—
876 (7) The department shall establish and administer an
877 electronic titling program that requires the electronic
878 recording of vehicle title information for new, transferred, and
879 corrected certificates of title. Lienholders shall
880 electronically transmit liens and lien satisfactions to the
881 department in a format determined by the department. Individuals
882 and lienholders who the department determines are not normally
883 engaged in the business or practice of financing vehicles are
884 exempt from the electronic titling requirement.
885 Section 24. Subsection (3) is added to section 319.28,
886 Florida Statutes, to read:
887 319.28 Transfer of ownership by operation of law.—
888 (3) A dealer of industrial equipment who conducts a
889 repossession, as defined in s. 493.6101(22), of such equipment
890 is not subject to licensure as a recovery agent or recovery
891 agency if the dealer is regularly engaged in the sale of the
892 equipment for a particular manufacturer, the lender is
893 affiliated with that manufacturer, and the dealer uses his or
894 her own employees to make such repossessions.
895 Section 25. Present subsection (10) of section 319.30,
896 Florida Statutes, is renumbered as subsection (11), and new
897 subsection (10) is added to that section to read:
898 319.30 Definitions; dismantling, destruction, change of
899 identity of motor vehicle or mobile home; salvage.—
900 (10) The department may adopt rules to implement an
901 electronic system for issuing salvage certificates of title and
902 certificates of destruction.
903 Section 26. Section 319.40, Florida Statutes, is amended to
904 read:
905 319.40 Transactions by electronic or telephonic means.—
906 (1) The department may is authorized to accept any
907 application provided for under this chapter by electronic or
908 telephonic means.
909 (2) The department may issue an electronic certificate of
910 title in lieu of printing a paper title.
911 (3) The department may collect electronic mail addresses
912 and use electronic mail in lieu of the United States Postal
913 Service as a method of notification. However, any notice
914 regarding the potential forfeiture or foreclosure of an interest
915 in property must be sent via the United States Postal Service.
916 Section 27. Paragraph (a) of subsection (1) of section
917 320.01, Florida Statutes, is amended, and subsection (46) is
918 added to that section, to read:
919 320.01 Definitions, general.—As used in the Florida
920 Statutes, except as otherwise provided, the term:
921 (1) “Motor vehicle” means:
922 (a) An automobile, motorcycle, truck, trailer, semitrailer,
923 truck tractor and semitrailer combination, or any other vehicle
924 operated on the roads of this state, used to transport persons
925 or property, and propelled by power other than muscular power,
926 but the term does not include traction engines, road rollers,
927 special mobile equipment as defined in s. 316.003(48), such
928 vehicles that as run only upon a track, bicycles, swamp buggies,
929 or mopeds.
930 (46) “Swamp buggy” means a motorized off-road vehicle that
931 is designed or modified to travel over swampy or varied terrain
932 and that may use large tires or tracks operated from an elevated
933 platform. The term does not include any vehicle defined in
934 chapter 261 or otherwise defined or classified in this chapter.
935 Section 28. Subsection (2) and paragraph (e) of subsection
936 (5) of section 320.02, Florida Statutes, are amended, paragraphs
937 (o), (p), (q), and (r) are added to subsection (15), and
938 subsection (18) is added to that section, to read:
939 320.02 Registration required; application for registration;
940 forms.—
941 (2)(a) The application for registration shall include the
942 street address of the owner’s permanent residence or the address
943 of his or her permanent place of business and shall be
944 accompanied by personal or business identification information
945 which may include, but need not be limited to, a driver driver’s
946 license number, Florida identification card number, or federal
947 employer identification number. If the owner does not have a
948 permanent residence or permanent place of business or if the
949 owner’s permanent residence or permanent place of business
950 cannot be identified by a street address, the application shall
951 include:
952 1. If the vehicle is registered to a business, the name and
953 street address of the permanent residence of an owner of the
954 business, an officer of the corporation, or an employee who is
955 in a supervisory position.
956 2. If the vehicle is registered to an individual, the name
957 and street address of the permanent residence of a close
958 relative or friend who is a resident of this state.
959
960 If the vehicle is registered to an active duty member of the
961 Armed Forces of the United States who is a Florida resident, the
962 active duty member is exempt from the requirement to provide the
963 street address of a permanent residence.
964 (b) The department shall prescribe a form upon which motor
965 vehicle owners may record odometer readings when registering
966 their motor vehicles.
967 (5)
968 (e) Upon the expiration date noted in the cancellation
969 notice that the department receives from the insurer, the
970 department shall suspend the registration, issued under this
971 chapter or s. 207.004(1), of a motor carrier who operates a
972 commercial motor vehicle or who permits it to be operated in
973 this state during the registration period without having in full
974 force and effect liability insurance, a surety bond, or a valid
975 self-insurance certificate that complies with the provisions of
976 this section. The insurer shall provide notice to the department
977 at the same time the cancellation notice is provided to the
978 insured pursuant to s. 627.7281. The department may adopt rules
979 regarding the electronic submission of the cancellation notice
980 liability insurance policy or surety bond may not be canceled on
981 less than 30 days’ written notice by the insurer to the
982 department, such 30 days’ notice to commence from the date
983 notice is received by the department.
984 (15)
985 (o) The application form for motor vehicle registration and
986 renewal registration must include language permitting a
987 voluntary contribution of $1 to the Florida Association of Food
988 Banks, Inc. The proceeds shall be distributed by the department
989 each month to Florida Association of Food Banks, Inc., to be
990 used by that organization for the purpose of ending hunger in
991 this state.
992 (p) The application form for motor vehicle registration and
993 renewal of registration must include language permitting a
994 voluntary contribution of $1 per applicant for Autism Services
995 and Supports. Such contributions must be transferred by the
996 department to the Achievement and Rehabilitation Centers, Inc.,
997 Autism Services Fund.
998 (q) The application form for motor vehicle registration and
999 renewal of registration must include language permitting a
1000 voluntary contribution of $1 per applicant to Support Our
1001 Troops, which shall be distributed to Support Our Troops, Inc.,
1002 a Florida not-for-profit organization.
1003 (r) The application form for motor vehicle registration and
1004 renewal of registration must include language permitting a
1005 voluntary contribution of $1 to Take Stock In Children. Such
1006 contributions shall be transferred by the department to Take
1007 Stock In Children, Inc.
1008
1009 For the purpose of applying the service charge provided in s.
1010 215.20, contributions received under this subsection are not
1011 income of a revenue nature.
1012 (18) The department shall retain all electronic
1013 registration records for at least 10 years.
1014 Section 29. Subsection (8) of section 320.03, Florida
1015 Statutes, is amended to read:
1016 320.03 Registration; duties of tax collectors;
1017 International Registration Plan.—
1018 (8) If the applicant’s name appears on the list referred to
1019 in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
1020 plate or revalidation sticker may not be issued until that
1021 person’s name no longer appears on the list or until the person
1022 presents a receipt from the governmental entity or the clerk of
1023 court that provided the data showing that the fines outstanding
1024 have been paid. This subsection does not apply to the owner of a
1025 leased vehicle if the vehicle is registered in the name of the
1026 lessee of the vehicle. The tax collector and the clerk of the
1027 court are each entitled to receive monthly, as costs for
1028 implementing and administering this subsection, 10 percent of
1029 the civil penalties and fines recovered from such persons. As
1030 used in this subsection, the term “civil penalties and fines”
1031 does not include a wrecker operator’s lien as described in s.
1032 713.78(13). If the tax collector has private tag agents, such
1033 tag agents are entitled to receive a pro rata share of the
1034 amount paid to the tax collector, based upon the percentage of
1035 license plates and revalidation stickers issued by the tag agent
1036 compared to the total issued within the county. The authority of
1037 any private agent to issue license plates shall be revoked,
1038 after notice and a hearing as provided in chapter 120, if he or
1039 she issues any license plate or revalidation sticker contrary to
1040 the provisions of this subsection. This section applies only to
1041 the annual renewal in the owner’s birth month of a motor vehicle
1042 registration and does not apply to the transfer of a
1043 registration of a motor vehicle sold by a motor vehicle dealer
1044 licensed under this chapter, except for the transfer of
1045 registrations which includes is inclusive of the annual
1046 renewals. This section does not affect the issuance of the title
1047 to a motor vehicle, notwithstanding s. 319.23(8)(b)
1048 319.23(7)(b).
1049 Section 30. Subsections (5) and (6) are added to section
1050 320.06, Florida Statutes, to read:
1051 320.06 Registration certificates, license plates, and
1052 validation stickers generally.—
1053 (5) The department may conduct a pilot program to evaluate
1054 the designs, concepts, and technologies for alternative license
1055 plates. For purposes of the pilot program, the department shall
1056 investigate the feasibility and use of alternative license plate
1057 technologies and the long-term cost impact to the consumer. The
1058 pilot program shall be limited to license plates that are used
1059 on government-owned motor vehicles as described in s. 320.0655.
1060 Such license plates are exempt from the requirements in
1061 paragraph (3)(a).
1062 (6) All license plates issued pursuant to this chapter are
1063 the property of the state.
1064 Section 31. Section 320.0605, Florida Statutes, is amended
1065 to read:
1066 320.0605 Certificate of registration; possession required;
1067 exception.—
1068 (1) The registration certificate or an official copy
1069 thereof, a true copy of a rental or lease documentation
1070 agreement issued for a motor vehicle or issued for a replacement
1071 vehicle in the same registration period, a temporary receipt
1072 printed upon self-initiated electronic renewal of a registration
1073 via the Internet, or a cab card issued for a vehicle registered
1074 under the International Registration Plan shall, at all times
1075 while the vehicle is being used or operated on the roads of this
1076 state, be in the possession of the operator thereof or be
1077 carried in the vehicle for which issued and shall be exhibited
1078 upon demand of any authorized law enforcement officer or any
1079 agent of the department, except for a vehicle registered under
1080 s. 320.0657. The provisions of this section do not apply during
1081 the first 30 days after purchase of a replacement vehicle. A
1082 violation of this section is a noncriminal traffic infraction,
1083 punishable as a nonmoving violation as provided in chapter 318.
1084 (2) Rental or lease documentation that is sufficient to
1085 satisfy the requirement in subsection (1) includes the
1086 following:
1087 (a) Date of rental and time of exit from rental facility;
1088 (b) Rental station identification;
1089 (c) Rental agreement number;
1090 (d) Rental vehicle identification number;
1091 (e) Rental vehicle license plate number and state of
1092 registration;
1093 (f) Vehicle’s make, model, and color;
1094 (g) Vehicle’s mileage; and
1095 (h) Authorized renter’s name.
1096 Section 32. Section 320.061, Florida Statutes, is amended
1097 to read:
1098 320.061 Unlawful to alter motor vehicle registration
1099 certificates, license plates, temporary license plates, mobile
1100 home stickers, or validation stickers or to obscure license
1101 plates; penalty.—A No person may not shall alter the original
1102 appearance of a vehicle registration certificate, any
1103 registration license plate, temporary license plate, mobile home
1104 sticker, or validation sticker, or vehicle registration
1105 certificate issued for and assigned to a any motor vehicle or
1106 mobile home, whether by mutilation, alteration, defacement, or
1107 change of color or in any other manner. A No person may not
1108 shall apply or attach a any substance, reflective matter,
1109 illuminated device, spray, coating, covering, or other material
1110 onto or around any license plate which that interferes with the
1111 legibility, angular visibility, or detectability of any feature
1112 or detail on the license plate or interferes with the ability to
1113 record any feature or detail on the license plate. A Any person
1114 who violates this section commits a noncriminal traffic
1115 infraction, punishable as a moving violation as provided in
1116 chapter 318.
1117 Section 33. Subsection (1) of section 320.07, Florida
1118 Statutes, is amended to read:
1119 320.07 Expiration of registration; renewal required;
1120 penalties.—
1121 (1) The registration of a motor vehicle or mobile home
1122 expires at midnight on the last day of the registration or
1123 extended registration period, or for a motor vehicle or mobile
1124 home owner who is a natural person, at midnight on the owner’s
1125 birthday. A vehicle may shall not be operated on the roads of
1126 this state after expiration of the renewal period unless the
1127 registration has been renewed according to law.
1128 Section 34. Subsection (11) of section 320.08056, Florida
1129 Statutes, is amended to read:
1130 320.08056 Specialty license plates.—
1131 (11) The annual use fee from the sale of specialty license
1132 plates, the interest earned from those fees, or any fees
1133 received by an agency as a result of the sale of specialty
1134 license plates may not be used for the purpose of marketing to,
1135 or lobbying, entertaining, or rewarding, an employee of a
1136 governmental agency that is responsible for the sale and
1137 distribution of specialty license plates, or an elected member
1138 or employee of the Legislature.
1139 Section 35. Paragraph (b) of subsection (35) of section
1140 320.08058, Florida Statutes, is amended to read:
1141 320.08058 Specialty license plates.—
1142 (35) Florida Golf License Plates.—
1143 (b) The department shall distribute the Florida Golf
1144 license plate annual use fee to the Dade Amateur Golf
1145 Association, a nonprofit organization under s. 501(c)(3) of the
1146 Internal Revenue Code. The license plate annual use fees are to
1147 be annually allocated as follows:
1148 1. Up to 15 10 percent of the proceeds from the annual use
1149 fees may be used by the Dade Amateur Golf Association for the
1150 administration of the Florida Junior Golf Program.
1151 2. The Dade Amateur Golf Association shall receive the
1152 first $80,000 in proceeds from the annual use fees for the
1153 operation of youth golf programs in Miami-Dade County.
1154 Thereafter, 15 percent of the proceeds from the annual use fees
1155 shall be provided to the Dade Amateur Golf Association for the
1156 operation of youth golf programs in Miami-Dade County.
1157 3. The remaining proceeds from the annual use fees shall be
1158 available for grants to nonprofit organizations to operate youth
1159 golf programs and for marketing the Florida Golf license plates.
1160 All grant recipients shall be required to provide to the Dade
1161 Amateur Golf Association an annual program and financial report
1162 regarding the use of grant funds. Such reports shall be made
1163 available to the public.
1164 Section 36. Paragraph (e) of subsection (4) of section
1165 320.08068, Florida Statutes, is amended to read:
1166 320.08068 Motorcycle specialty license plates.—
1167 (4) A license plate annual use fee of $20 shall be
1168 collected for each motorcycle specialty license plate. Annual
1169 use fees shall be distributed to The Able Trust as custodial
1170 agent. The Able Trust may retain a maximum of 10 percent of the
1171 proceeds from the sale of the license plate for administrative
1172 costs. The Able Trust shall distribute the remaining funds as
1173 follows:
1174 (e) Twenty percent to the Florida Association of Centers
1175 for Independent Living to be used to leverage additional funding
1176 and new sources of revenue for the centers for independent
1177 living in this state.
1178 Section 37. Section 320.0807, Florida Statutes, is amended
1179 to read:
1180 320.0807 Special license plates for Governor and federal
1181 and state legislators.—
1182 (1) Upon application by any member of the House of
1183 Representatives of Congress and payment of the fees prescribed
1184 by s. 320.0805, the department may is authorized to issue to
1185 such member of Congress a license plate stamped “Official Member
1186 of Congress” followed by the number of the appropriate
1187 congressional district and the letters “MC,” or any other
1188 configuration chosen by the member which is not already in use.
1189 Upon application by a United States Senator and payment of the
1190 fees prescribed by s. 320.0805, the department may is authorized
1191 to issue a license plate stamped “USS,” followed by the numeral
1192 II in the case of the junior senator.
1193 (2) Upon application by any member of the state House of
1194 Representatives and payment of the fees prescribed by s.
1195 320.0805, the department may is authorized to issue the such
1196 state representative license plates stamped in bold letters
1197 “Official House State Legislator,” followed by the number of the
1198 appropriate House of Representatives district and the letters
1199 “HR,” or any other configuration chosen by the member which is
1200 not already in use. Upon application by a state senator and
1201 payment of the fees prescribed by s. 320.0805, the department
1202 may is authorized to issue license plates stamped in bold
1203 letters “Official Senate State Senator,” followed by the number
1204 of the appropriate Senate district and the letters “SN,” or any
1205 other configuration chosen by the member which is not already in
1206 use.
1207 (3) Upon application by the Governor and payment of the
1208 appropriate fees, the department may is authorized to issue to
1209 the Governor two license plates stamped in bold letters “Florida
1210 1” and “Florida 2.”
1211 (4) License plates purchased under subsection (1),
1212 subsection (2), or subsection (3) shall be replaced by the
1213 department at no cost, other than the fees required by ss.
1214 320.04 and 320.06(3)(b), when the person to whom the such plates
1215 have been issued leaves the elective office with respect to
1216 which the such license plates were issued. Within 30 days after
1217 leaving office, the person to whom the such license plates have
1218 been issued shall make application to the department for a
1219 replacement license plate. The Such person may return the
1220 prestige license plates to the department or may retain the such
1221 plates as souvenirs. Upon receipt of the replacement license
1222 plate, the such person may shall not continue to display on any
1223 vehicle the prestige license plate or plates issued with respect
1224 to his or her former office.
1225 (5) Upon application by any current or former President of
1226 the Senate and payment of the fees prescribed by s. 320.0805,
1227 the department may is authorized to issue a license plate
1228 stamped in bold letters “Senate President” followed by the
1229 number assigned by the department or chosen by the applicant if
1230 it is not already in use. Upon application by any current or
1231 former Speaker of the House of Representatives and payment of
1232 the fees prescribed by s. 320.0805, the department may is
1233 authorized to issue a license plate stamped in bold letters
1234 “House Speaker” followed by the number assigned by the
1235 department or chosen by the applicant if it is not already in
1236 use.
1237 (6)(a) Upon application by any former member of Congress or
1238 former member of the state Legislature, payment of the fees
1239 prescribed by s. 320.0805, and payment of a one-time fee of
1240 $500, the department may issue a former member of Congress,
1241 state senator, or state representative a license plate stamped
1242 “Retired Congress,” “Retired Senate,” or “Retired House,” as
1243 appropriate, for a vehicle owned by the former member.
1244 (b) To qualify for a Retired Congress, Retired Senate, or
1245 Retired House prestige license plate, a former member must have
1246 served at least 4 years as a member of Congress, state senator,
1247 or state representative, respectively.
1248 (c) Four hundred fifty dollars of the one-time fee
1249 collected under paragraph (a) shall be distributed to the
1250 account of the citizen support organization established pursuant
1251 to s. 272.129 and used for the benefit of the Legislative
1252 Research Center and Museum at the Historic Capitol, and the
1253 remaining $50 shall be deposited into the Highway Safety
1254 Operating Trust Fund.
1255 (7) The department may create a unique plate design for
1256 plates to be used by members or former members of the
1257 Legislature or Congress as provided in subsections (2), (5), and
1258 (6).
1259 (8)(6) Any person who does not make application for a
1260 replacement license plate as required by subsection (4), or who,
1261 after receipt of the replacement license plate, continues to
1262 display on any vehicle the prestige license plate or plates
1263 issued with respect to his or her former office, is guilty of a
1264 misdemeanor of the second degree, punishable as provided in s.
1265 775.082 or s. 775.083.
1266 Section 38. Subsection (4) of section 320.0848, Florida
1267 Statutes, is amended to read:
1268 320.0848 Persons who have disabilities; issuance of
1269 disabled parking permits; temporary permits; permits for certain
1270 providers of transportation services to persons who have
1271 disabilities.—
1272 (4) From the proceeds of the temporary disabled parking
1273 permit fees:
1274 (a) The Department of Highway Safety and Motor Vehicles
1275 must receive $3.50 for each temporary permit, to be deposited
1276 into the Highway Safety Operating Trust Fund and used for
1277 implementing the real-time disabled parking permit database and
1278 for administering the disabled parking permit program.
1279 (b) The tax collector, for processing, must receive $2.50
1280 for each temporary permit.
1281 (c) The remainder must be distributed monthly as follows:
1282 1. To the Florida Endowment Foundation for Vocational
1283 Rehabilitation, known as “The Able Trust,” Governor’s Alliance
1284 for the Employment of Disabled Citizens for the purpose of
1285 improving employment and training opportunities for persons who
1286 have disabilities, with special emphasis on removing
1287 transportation barriers, $4. These fees must be directly
1288 deposited into the Florida Endowment Foundation for Vocational
1289 Rehabilitation as established in s. 413.615 Transportation
1290 Disadvantaged Trust Fund for transfer to the Florida Governor’s
1291 Alliance for Employment of Disabled Citizens.
1292 2. To the Transportation Disadvantaged Trust Fund to be
1293 used for funding matching grants to counties for the purpose of
1294 improving transportation of persons who have disabilities, $5.
1295 Section 39. Paragraph (a) of subsection (1) of section
1296 320.089, Florida Statutes, is amended, and subsection (5) is
1297 added to that section, to read:
1298 320.089 Members of National Guard and active United States
1299 Armed Forces reservists; former prisoners of war; survivors of
1300 Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1301 Freedom and Operation Enduring Freedom Veterans; Vietnam War
1302 Veterans; Combat Infantry Badge recipients; special license
1303 plates; fee.—
1304 (1)(a) Each owner or lessee of an automobile or truck for
1305 private use or recreational vehicle as specified in s.
1306 320.08(9)(c) or (d), which is not used for hire or commercial
1307 use, who is a resident of the state and an active or retired
1308 member of the Florida National Guard, a survivor of the attack
1309 on Pearl Harbor, a recipient of the Purple Heart medal, or an
1310 active or retired member of any branch of the United States
1311 Armed Forces Reserve, or a recipient of the Combat Infantry
1312 Badge shall, upon application to the department, accompanied by
1313 proof of active membership or retired status in the Florida
1314 National Guard, proof of membership in the Pearl Harbor
1315 Survivors Association or proof of active military duty in Pearl
1316 Harbor on December 7, 1941, proof of being a Purple Heart medal
1317 recipient, or proof of active or retired membership in any
1318 branch of the Armed Forces Reserve, or proof of membership in
1319 the Combat Infantrymen’s Association, Inc., or other proof of
1320 being a recipient of the Combat Infantry Badge, and upon payment
1321 of the license tax for the vehicle as provided in s. 320.08, be
1322 issued a license plate as provided by s. 320.06, upon which, in
1323 lieu of the serial numbers prescribed by s. 320.06, shall be
1324 stamped the words “National Guard,” “Pearl Harbor Survivor,”
1325 “Combat-wounded veteran,” or “U.S. Reserve,” or “Combat Infantry
1326 Badge,” as appropriate, followed by the serial number of the
1327 license plate. Additionally, the Purple Heart plate may have the
1328 words “Purple Heart” stamped on the plate and the likeness of
1329 the Purple Heart medal appearing on the plate.
1330 (5) The owner or lessee of an automobile or truck for
1331 private use, a truck weighing not more than 7,999 pounds, or a
1332 recreational vehicle as specified in s. 320.08(9)(c) or (d)
1333 which automobile, truck, or recreational vehicle is not used for
1334 hire or commercial use who is a resident of the state and a
1335 current or former member of the United States military who was
1336 deployed and served in Vietnam during United States military
1337 deployment in Indochina shall, upon application to the
1338 department, accompanied by proof of active membership or former
1339 active duty status during these operations, and, upon payment of
1340 the license tax for the vehicle as provided in s. 320.08, be
1341 issued a license plate as provided by s. 320.06 upon which, in
1342 lieu of the registration license number prescribed by s. 320.06,
1343 shall be stamped the words “Vietnam War Veteran,” followed by
1344 the registration license number of the plate.
1345 Section 40. Paragraph (c) is added to subsection (1) of
1346 section 320.13, Florida Statutes, to read:
1347 320.13 Dealer and manufacturer license plates and
1348 alternative method of registration.—
1349 (1)
1350 (c) A dealer of heavy trucks as defined in s. 320.01(10),
1351 upon payment of the license tax imposed by s. 320.08(12), may
1352 secure one or more dealer license plates that are valid for use
1353 on vehicles owned by the dealer to whom such plates are issued
1354 while the heavy trucks are in inventory and for sale and are
1355 being used only in the state for demonstration purposes. The
1356 license plates may be used for demonstration purposes for a
1357 period not to exceed 24 hours. The license plates must be
1358 validated on a form prescribed by the department and must be
1359 retained in the vehicle being operated.
1360 Section 41. Section 320.15, Florida Statutes, is amended to
1361 read:
1362 320.15 Refund of license tax.—Any resident owner of a motor
1363 vehicle or mobile home that has been destroyed or permanently
1364 removed from the state shall, upon application to the department
1365 and surrender of the license plate or mobile home sticker issued
1366 for such vehicle, be entitled to a credit to apply to
1367 registration of any other vehicle in the name of the owner, if
1368 the amount is $3 or more, for the unexpired period of the
1369 license. However, if the license plate surrendered is a “for
1370 hire” license plate, the amount of credit may not be more than
1371 one-half of the annual license tax amount. A credit is will not
1372 be valid after the expiration date of the license plate which is
1373 current on the date of the credit, as provided in s. 320.07. A
1374 motor vehicle or mobile home owner who renews a registration
1375 during the advanced renewal period as provided in s. 320.071 and
1376 who surrenders the motor vehicle or mobile home license plate
1377 before the end of the renewal period may apply for a refund of
1378 the license taxes assessed pursuant to s. 320.08.
1379 Section 42. Subsection (3) of section 320.27, Florida
1380 Statutes, is amended to read:
1381 320.27 Motor vehicle dealers.—
1382 (3) APPLICATION AND FEE.—The application for the license
1383 shall be in such form as may be prescribed by the department and
1384 shall be subject to such rules with respect thereto as may be so
1385 prescribed by it. Such application shall be verified by oath or
1386 affirmation and shall contain a full statement of the name and
1387 birth date of the person or persons applying therefor; the name
1388 of the firm or copartnership, with the names and places of
1389 residence of all members thereof, if such applicant is a firm or
1390 copartnership; the names and places of residence of the
1391 principal officers, if the applicant is a body corporate or
1392 other artificial body; the name of the state under whose laws
1393 the corporation is organized; the present and former place or
1394 places of residence of the applicant; and prior business in
1395 which the applicant has been engaged and the location thereof.
1396 Such application shall describe the exact location of the place
1397 of business and shall state whether the place of business is
1398 owned by the applicant and when acquired, or, if leased, a true
1399 copy of the lease shall be attached to the application. The
1400 applicant shall certify that the location provides an adequately
1401 equipped office and is not a residence; that the location
1402 affords sufficient unoccupied space upon and within which
1403 adequately to store all motor vehicles offered and displayed for
1404 sale; and that the location is a suitable place where the
1405 applicant can in good faith carry on such business and keep and
1406 maintain books, records, and files necessary to conduct such
1407 business, which shall will be available at all reasonable hours
1408 to inspection by the department or any of its inspectors or
1409 other employees. The applicant shall certify that the business
1410 of a motor vehicle dealer is the principal business which shall
1411 be conducted at that location. The Such application shall
1412 contain a statement that the applicant is either franchised by a
1413 manufacturer of motor vehicles, in which case the name of each
1414 motor vehicle that the applicant is franchised to sell shall be
1415 included, or an independent (nonfranchised) motor vehicle
1416 dealer. The Such application shall contain such other relevant
1417 information as may be required by the department, including
1418 evidence that the applicant is insured under a garage liability
1419 insurance policy or a general liability insurance policy coupled
1420 with a business automobile policy, which shall include, at a
1421 minimum, $25,000 combined single-limit liability coverage
1422 including bodily injury and property damage protection and
1423 $10,000 personal injury protection. However, a salvage motor
1424 vehicle dealer as defined in subparagraph (1)(c)5. is exempt
1425 from the requirements for garage liability insurance and
1426 personal injury protection insurance on those vehicles that
1427 cannot be legally operated on roads, highways, or streets in
1428 this state. Franchise dealers must submit a garage liability
1429 insurance policy, and all other dealers must submit a garage
1430 liability insurance policy or a general liability insurance
1431 policy coupled with a business automobile policy. Such policy
1432 shall be for the license period, and evidence of a new or
1433 continued policy shall be delivered to the department at the
1434 beginning of each license period. Upon making initial
1435 application, the applicant shall pay to the department a fee of
1436 $300 in addition to any other fees now required by law.; Upon
1437 making a subsequent renewal application, the applicant shall pay
1438 to the department a fee of $75 in addition to any other fees now
1439 required by law. Upon making an application for a change of
1440 location, the person shall pay a fee of $50 in addition to any
1441 other fees now required by law. The department shall, in the
1442 case of every application for initial licensure, verify whether
1443 certain facts set forth in the application are true. Each
1444 applicant, general partner in the case of a partnership, or
1445 corporate officer and director in the case of a corporate
1446 applicant, must file a set of fingerprints with the department
1447 for the purpose of determining any prior criminal record or any
1448 outstanding warrants. The department shall submit the
1449 fingerprints to the Department of Law Enforcement for state
1450 processing and forwarding to the Federal Bureau of Investigation
1451 for federal processing. The actual cost of state and federal
1452 processing shall be borne by the applicant and is in addition to
1453 the fee for licensure. The department may issue a license to an
1454 applicant pending the results of the fingerprint investigation,
1455 which license is fully revocable if the department subsequently
1456 determines that any facts set forth in the application are not
1457 true or correctly represented.
1458 Section 43. Subsection (1) of section 320.771, Florida
1459 Statutes, is amended to read:
1460 320.771 License required of recreational vehicle dealers.—
1461 (1) DEFINITIONS.—As used in this section, the term:
1462 (a)1. “Dealer” means any person engaged in the business of
1463 buying, selling, or dealing in recreational vehicles or offering
1464 or displaying recreational vehicles for sale. The term “dealer”
1465 includes a recreational vehicle broker. Any person who buys,
1466 sells, deals in, or offers or displays for sale, or who acts as
1467 the agent for the sale of, one or more recreational vehicles in
1468 any 12-month period shall be prima facie presumed to be a
1469 dealer. The terms “selling” and “sale” include lease-purchase
1470 transactions. The term “dealer” does not include banks, credit
1471 unions, and finance companies that acquire recreational vehicles
1472 as an incident to their regular business and does not include
1473 mobile home rental and leasing companies that sell recreational
1474 vehicles to dealers licensed under this section.
1475 2. A licensed dealer may transact business in recreational
1476 vehicles with a motor vehicle auction as defined in s.
1477 320.27(1)(c)4. Further, a licensed dealer may, at retail or
1478 wholesale, sell a motor vehicle, as described in s.
1479 320.01(1)(a), acquired in exchange for the sale of a
1480 recreational vehicle, if the such acquisition is incidental to
1481 the principal business of being a recreational vehicle dealer.
1482 However, a recreational vehicle dealer may not buy a motor
1483 vehicle for the purpose of resale unless licensed as a motor
1484 vehicle dealer pursuant to s. 320.27. A dealer may apply for a
1485 certificate of title to a recreational vehicle required to be
1486 registered under s. 320.08(9), using a manufacturer’s statement
1487 of origin as permitted by s. 319.23(1), only if the dealer is
1488 authorized by a manufacturer/dealer agreement, as defined in s.
1489 320.3202, on file with the department, to buy, sell, or deal in
1490 that particular line-make of recreational vehicle, and the
1491 dealer is authorized by the manufacturer/dealer agreement to
1492 perform delivery and preparation obligations and warranty defect
1493 adjustments on that line-make.
1494 (b) “Recreational vehicle broker” means any person who is
1495 engaged in the business of offering to procure or procuring used
1496 recreational vehicles for the general public; who holds himself
1497 or herself out through solicitation, advertisement, or otherwise
1498 as one who offers to procure or procures used recreational
1499 vehicles for the general public; or who acts as the agent or
1500 intermediary on behalf of the owner or seller of a used
1501 recreational vehicle which is for sale or who assists or
1502 represents the seller in finding a buyer for the recreational
1503 vehicle.
1504 (c) For the purposes of this section, the term
1505 “Recreational vehicle” does not include any camping trailer, as
1506 defined in s. 320.01(1)(b)2.
1507 Section 44. Section 320.95, Florida Statutes, is amended to
1508 read:
1509 320.95 Transactions by electronic or telephonic means.—
1510 (1) The department may is authorized to accept an any
1511 application provided for under this chapter by electronic or
1512 telephonic means.
1513 (2) The department may collect electronic mail addresses
1514 and use electronic mail in lieu of the United States Postal
1515 Service for the purpose of providing renewal notices.
1516 Section 45. Section 322.04, Florida Statutes, is amended to
1517 read:
1518 322.04 Persons exempt from obtaining driver driver’s
1519 license.—
1520 (1) The following persons are exempt from obtaining a
1521 driver driver’s license:
1522 (a) Any employee of the United States Government, while
1523 operating a noncommercial motor vehicle owned by or leased to
1524 the United States Government and being operated on official
1525 business.
1526 (b) Any person while driving or operating any road machine,
1527 farm tractor, or implement of husbandry temporarily operated or
1528 moved on a highway.
1529 (c) A nonresident who is at least 16 years of age operating
1530 and who has in his or her immediate possession a valid
1531 noncommercial driver’s license issued to the nonresident in his
1532 or her home state or country, may operate a motor vehicle of the
1533 type for which a Class E driver driver’s license is required in
1534 this state if the nonresident has in his or her immediate
1535 possession:
1536 1. A valid noncommercial driver license issued in his or
1537 her name from another state or territory of the United States;
1538 or
1539 2. An International Driving Permit issued in his or her
1540 name in his or her country of residence and a valid license
1541 issued in that country.
1542 (d) A nonresident who is at least 18 years of age and who
1543 has in his or her immediate possession a valid noncommercial
1544 driver’s license issued to the nonresident in his or her home
1545 state or country may operate a motor vehicle, other than a
1546 commercial motor vehicle, in this state.
1547 (d)(e) Any person operating a golf cart, as defined in s.
1548 320.01, which is operated in accordance with the provisions of
1549 s. 316.212.
1550 (2) The provisions of This section does do not apply to any
1551 person to whom s. 322.031 applies.
1552 (3) Any person working for a firm under contract to the
1553 United States Government, whose residence is outside without
1554 this state and whose main point of employment is outside without
1555 this state may drive a noncommercial vehicle on the public roads
1556 of this state for periods up to 60 days while in this state on
1557 temporary duty, if the provided such person has a valid driver
1558 driver’s license from the state of the such person’s residence.
1559 Section 46. Paragraph (a) of subsection (1) of section
1560 322.051, Florida Statutes, is amended, and subsection (9) is
1561 added to that section, to read::
1562 322.051 Identification cards.—
1563 (1) Any person who is 5 years of age or older, or any
1564 person who has a disability, regardless of age, who applies for
1565 a disabled parking permit under s. 320.0848, may be issued an
1566 identification card by the department upon completion of an
1567 application and payment of an application fee.
1568 (a) The Each such application must shall include the
1569 following information regarding the applicant:
1570 1. Full name (first, middle or maiden, and last), gender,
1571 proof of social security card number satisfactory to the
1572 department, county of residence, mailing address, proof of
1573 residential address satisfactory to the department, country of
1574 birth, and a brief description.
1575 2. Proof of birth date satisfactory to the department.
1576 3. Proof of identity satisfactory to the department. Such
1577 proof must include one of the following documents issued to the
1578 applicant:
1579 a. A driver driver’s license record or identification card
1580 record from another jurisdiction that required the applicant to
1581 submit a document for identification which is substantially
1582 similar to a document required under sub-subparagraph b., sub
1583 subparagraph c., sub-subparagraph d., sub-subparagraph e., sub
1584 subparagraph f., sub-subparagraph g., or sub-subparagraph h.;
1585 b. A certified copy of a United States birth certificate;
1586 c. A valid, unexpired United States passport;
1587 d. A naturalization certificate issued by the United States
1588 Department of Homeland Security;
1589 e. A valid, unexpired alien registration receipt card
1590 (green card);
1591 f. A Consular Report of Birth Abroad provided by the United
1592 States Department of State;
1593 g. An unexpired employment authorization card issued by the
1594 United States Department of Homeland Security; or
1595 h. Proof of nonimmigrant classification provided by the
1596 United States Department of Homeland Security, for an original
1597 identification card. In order to prove such nonimmigrant
1598 classification, an applicant must provide at least one of
1599 applicants may produce but are not limited to the following
1600 documents. In addition, the department may require applicants to
1601 produce United States Department of Homeland Security documents
1602 for the sole purpose of establishing the maintenance of, or
1603 efforts to maintain, continuous lawful presence:
1604 (I) A notice of hearing from an immigration court
1605 scheduling a hearing on any proceeding.
1606 (II) A notice from the Board of Immigration Appeals
1607 acknowledging pendency of an appeal.
1608 (III) A notice of the approval of an application for
1609 adjustment of status issued by the United States Bureau of
1610 Citizenship and Immigration Services.
1611 (IV) An Any official documentation confirming the filing of
1612 a petition for asylum or refugee status or any other relief
1613 issued by the United States Bureau of Citizenship and
1614 Immigration Services.
1615 (V) A notice of action transferring any pending matter from
1616 another jurisdiction to Florida, issued by the United States
1617 Bureau of Citizenship and Immigration Services.
1618 (VI) An order of an immigration judge or immigration
1619 officer granting any relief that authorizes the alien to live
1620 and work in the United States, including, but not limited to,
1621 asylum.
1622 (VII) Evidence that an application is pending for
1623 adjustment of status to that of an alien lawfully admitted for
1624 permanent residence in the United States or conditional
1625 permanent resident status in the United States, if a visa number
1626 is available having a current priority date for processing by
1627 the United States Bureau of Citizenship and Immigration
1628 Services.
1629 (VIII) On or after January 1, 2010, an unexpired foreign
1630 passport with an unexpired United States Visa affixed,
1631 accompanied by an approved I-94, documenting the most recent
1632 admittance into the United States.
1633
1634 An identification card issued based on documents required
1635 Presentation of any of the documents described in sub
1636 subparagraph g. or sub-subparagraph h. is valid entitles the
1637 applicant to an identification card for a period not to exceed
1638 the expiration date of the document presented or 1 year,
1639 whichever first occurs first.
1640 (9) Notwithstanding any other provision of this section or
1641 s. 322.21 to the contrary, the department shall issue or renew a
1642 card at no charge to a person who presents evidence satisfactory
1643 to the department that he or she is homeless as defined in s.
1644 414.0252(7).
1645 Section 47. Subsection (4) of section 322.058, Florida
1646 Statutes, is amended to read:
1647 322.058 Suspension of driving privileges due to support
1648 delinquency; reinstatement.—
1649 (4) This section applies only to the annual renewal in the
1650 owner’s birth month of a motor vehicle registration and does not
1651 apply to the transfer of a registration of a motor vehicle sold
1652 by a motor vehicle dealer licensed under chapter 320, except for
1653 the transfer of registrations which includes is inclusive of the
1654 annual renewals. This section does not affect the issuance of
1655 the title to a motor vehicle, notwithstanding s. 319.23(8)(b) s.
1656 319.23(7)(b).
1657 Section 48. Section 322.065, Florida Statutes, is amended
1658 to read:
1659 322.065 Driver Driver’s license expired for 6 4 months or
1660 less; penalties.—A Any person whose driver driver’s license has
1661 been expired for 6 4 months or less and who drives a motor
1662 vehicle upon the highways of this state commits is guilty of an
1663 infraction and is subject to the penalty provided in s. 318.18.
1664 Section 49. Subsection (3) of section 322.07, Florida
1665 Statutes, is amended to read:
1666 322.07 Instruction permits and temporary licenses.—
1667 (3) Any person who, except for his or her lack of
1668 instruction in operating a commercial motor vehicle, would
1669 otherwise be qualified to obtain a commercial driver driver’s
1670 license under this chapter, may apply for a temporary commercial
1671 instruction permit. The department shall issue such a permit
1672 entitling the applicant, while having the permit in his or her
1673 immediate possession, to drive a commercial motor vehicle on the
1674 highways, if provided that:
1675 (a) The applicant possesses a valid Florida driver driver’s
1676 license issued in any state; and
1677 (b) The applicant, while operating a commercial motor
1678 vehicle, is accompanied by a licensed driver who is 21 years of
1679 age or older, who is licensed to operate the class of vehicle
1680 being operated, and who is actually occupying the closest seat
1681 to the right of the driver.
1682 Section 50. Paragraph (c) of subsection (2) and subsection
1683 (7) of section 322.08, Florida Statutes, are amended, and
1684 subsection (8) is added to that section, to read:
1685 322.08 Application for license; requirements for license
1686 and identification card forms.—
1687 (2) Each such application shall include the following
1688 information regarding the applicant:
1689 (c) Proof of identity satisfactory to the department. Such
1690 proof must include one of the following documents issued to the
1691 applicant:
1692 1. A driver driver’s license record or identification card
1693 record from another jurisdiction that required the applicant to
1694 submit a document for identification which is substantially
1695 similar to a document required under subparagraph 2.,
1696 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
1697 6., subparagraph 7., or subparagraph 8.;
1698 2. A certified copy of a United States birth certificate;
1699 3. A valid, unexpired United States passport;
1700 4. A naturalization certificate issued by the United States
1701 Department of Homeland Security;
1702 5. A valid, unexpired alien registration receipt card
1703 (green card);
1704 6. A Consular Report of Birth Abroad provided by the United
1705 States Department of State;
1706 7. An unexpired employment authorization card issued by the
1707 United States Department of Homeland Security; or
1708 8. Proof of nonimmigrant classification provided by the
1709 United States Department of Homeland Security, for an original
1710 driver driver’s license. In order to prove nonimmigrant
1711 classification, an applicant must provide at least one of the
1712 following documents. In addition, the department may require
1713 applicants to produce United States Department of Homeland
1714 Security documents for the sole purpose of establishing the
1715 maintenance of, or efforts to maintain, continuous lawful
1716 presence may produce the following documents, including, but not
1717 limited to:
1718 a. A notice of hearing from an immigration court scheduling
1719 a hearing on any proceeding.
1720 b. A notice from the Board of Immigration Appeals
1721 acknowledging pendency of an appeal.
1722 c. A notice of the approval of an application for
1723 adjustment of status issued by the United States Bureau of
1724 Citizenship and Immigration Services.
1725 d. An Any official documentation confirming the filing of a
1726 petition for asylum or refugee status or any other relief issued
1727 by the United States Bureau of Citizenship and Immigration
1728 Services.
1729 e. A notice of action transferring any pending matter from
1730 another jurisdiction to this state issued by the United States
1731 Bureau of Citizenship and Immigration Services.
1732 f. An order of an immigration judge or immigration officer
1733 granting any relief that authorizes the alien to live and work
1734 in the United States, including, but not limited to, asylum.
1735 g. Evidence that an application is pending for adjustment
1736 of status to that of an alien lawfully admitted for permanent
1737 residence in the United States or conditional permanent resident
1738 status in the United States, if a visa number is available
1739 having a current priority date for processing by the United
1740 States Bureau of Citizenship and Immigration Services.
1741 h. On or after January 1, 2010, an unexpired foreign
1742 passport with an unexpired United States Visa affixed,
1743 accompanied by an approved I-94, documenting the most recent
1744 admittance into the United States.
1745
1746 A driver license or temporary permit issued based on documents
1747 required Presentation of any of the documents in subparagraph 7.
1748 or subparagraph 8. is valid entitles the applicant to a driver’s
1749 license or temporary permit for a period not to exceed the
1750 expiration date of the document presented or 1 year, whichever
1751 occurs first.
1752 (7) The application form for an original, renewal, or
1753 replacement driver driver’s license or identification card shall
1754 include language permitting the following:
1755 (a) A voluntary contribution of $1 per applicant, which
1756 contribution shall be deposited into the Health Care Trust Fund
1757 for organ and tissue donor education and for maintaining the
1758 organ and tissue donor registry.
1759 (b) A voluntary contribution of $1 per applicant, which
1760 contribution shall be distributed to the Florida Council of the
1761 Blind.
1762 (c) A voluntary contribution of $2 per applicant, which
1763 shall be distributed to the Hearing Research Institute,
1764 Incorporated.
1765 (d) A voluntary contribution of $1 per applicant, which
1766 shall be distributed to the Juvenile Diabetes Foundation
1767 International.
1768 (e) A voluntary contribution of $1 per applicant, which
1769 shall be distributed to the Children’s Hearing Help Fund.
1770 (f) A voluntary contribution of $1 per applicant, which
1771 shall be distributed to Family First, a nonprofit organization.
1772 (g) A voluntary contribution of $1 per applicant to Stop
1773 Heart Disease, which shall be distributed to the Florida Heart
1774 Research Institute, a nonprofit organization.
1775 (h) A voluntary contribution of $1 per applicant to Senior
1776 Vision Services, which shall be distributed to the Florida
1777 Association of Agencies Serving the Blind, Inc., a not-for
1778 profit organization.
1779 (i) A voluntary contribution of $1 per applicant for
1780 services for persons with developmental disabilities, which
1781 shall be distributed to The Arc of Florida.
1782 (j) A voluntary contribution of $1 to the Ronald McDonald
1783 House, which shall be distributed each month to Ronald McDonald
1784 House Charities of Tampa Bay, Inc.
1785 (k) Notwithstanding s. 322.081, a voluntary contribution of
1786 $1 per applicant, which shall be distributed to the League
1787 Against Cancer/La Liga Contra el Cancer, a not-for-profit
1788 organization.
1789 (l) A voluntary contribution of $1 per applicant to Prevent
1790 Child Sexual Abuse, which shall be distributed to Lauren’s Kids,
1791 Inc., a nonprofit organization.
1792 (m) A voluntary contribution of $1 per applicant, which
1793 shall be distributed to Prevent Blindness Florida, a not-for
1794 profit organization, to prevent blindness and preserve the sight
1795 of the residents of this state.
1796 (n) Notwithstanding s. 322.081, a voluntary contribution of
1797 $1 per applicant to the state homes for veterans, to be
1798 distributed on a quarterly basis by the department to the State
1799 Homes for Veterans Trust Fund, which is administered by the
1800 Department of Veterans’ Affairs.
1801 (o) A voluntary contribution of $1 per applicant to the
1802 Disabled American Veterans, Department of Florida, which shall
1803 be distributed quarterly to Disabled American Veterans,
1804 Department of Florida, a nonprofit organization.
1805 (p) A voluntary contribution of $1 per applicant for Autism
1806 Services and Supports. Such contributions must be transferred by
1807 the department to the Achievement and Rehabilitation Centers,
1808 Inc., Autism Services Fund.
1809 (q) A voluntary contribution of $1 per applicant to Support
1810 Our Troops, which shall be distributed to Support Our Troops,
1811 Inc., a Florida not-for-profit organization.
1812
1813 A statement providing an explanation of the purpose of the trust
1814 funds shall also be included. For the purpose of applying the
1815 service charge provided in s. 215.20, contributions received
1816 under paragraphs (b)-(q) (b)-(o) are not income of a revenue
1817 nature.
1818 (8) The department may collect electronic mail addresses
1819 and use electronic mail in lieu of the United States Postal
1820 Service for the purpose of providing renewal notices.
1821 Section 51. Paragraph (c) of subsection (2) and subsection
1822 (5) of section 322.121, Florida Statutes, are amended to read:
1823 322.121 Periodic reexamination of all drivers.—
1824 (2) For each licensee whose driving record does not show
1825 any revocations, disqualifications, or suspensions for the
1826 preceding 7 years or any convictions for the preceding 3 years
1827 except for convictions of the following nonmoving violations:
1828 (c) Operating a motor vehicle with an expired license that
1829 has been expired for 6 4 months or less pursuant to s. 322.065;
1830
1831 the department shall cause such licensee’s license to be
1832 prominently marked with the notation “Safe Driver.”
1833 (5) Members of the Armed Forces, or their dependents
1834 residing with them, shall be granted an automatic extension for
1835 the expiration of their Class E licenses without reexamination
1836 while serving on active duty outside this state. This extension
1837 is valid for 90 days after the member of the Armed Forces is
1838 either discharged or returns to this state to live.
1839 Section 52. Paragraph (a) of subsection (1) of section
1840 322.14, Florida Statutes, is amended to read:
1841 322.14 Licenses issued to drivers.—
1842 (1)(a) The department shall, upon successful completion of
1843 all required examinations and payment of the required fee, issue
1844 to every qualified applicant qualifying therefor, a driver
1845 driver’s license that must as applied for, which license shall
1846 bear thereon a color photograph or digital image of the
1847 licensee; the name of the state; a distinguishing number
1848 assigned to the licensee; and the licensee’s full name, date of
1849 birth, and residence address; a brief description of the
1850 licensee, including, but not limited to, the licensee’s gender
1851 and height; and the dates of issuance and expiration of the
1852 license. A space shall be provided upon which the licensee shall
1853 affix his or her usual signature. A No license is invalid shall
1854 be valid until it has been so signed by the licensee except that
1855 the signature of the said licensee is not shall not be required
1856 if it appears thereon in facsimile or if the licensee is not
1857 present within the state at the time of issuance. Applicants
1858 qualifying to receive a Class A, Class B, or Class C driver’s
1859 license must appear in person within the state for issuance of a
1860 color photographic or digital imaged driver’s license pursuant
1861 to s. 322.142.
1862 Section 53. Section 322.1415, Florida Statutes, is created
1863 to read:
1864 322.1415 Specialty driver license and identification card
1865 program.—
1866 (1) The department may issue to any applicant qualified
1867 pursuant to s. 322.14 a specialty driver license or
1868 identification card upon payment of the appropriate fee pursuant
1869 to s. 322.21.
1870 (2) Any specialty driver license or identification card
1871 approved by the department shall, at a minimum, be available for
1872 state and independent universities domiciled in this state, all
1873 Florida professional sports teams designated pursuant to s.
1874 320.08058(9)(a), and all branches of the United States Armed
1875 Forces.
1876 (3) The design and use of each specialty driver license and
1877 identification card must be approved by the department and the
1878 organization that is recognized by the driver license or card.
1879 (4) Organizations receiving funds from this program shall
1880 attest, under penalties of perjury, pursuant to s. 320.08062
1881 that the funds have been expended in the same manner as provided
1882 in s. 320.08058. On December 1 of each year, the department
1883 shall deliver an annual report to the President of the Senate
1884 and the Speaker of the House of Representatives which addresses
1885 the viability of the program and details the amounts distributed
1886 to each entity.
1887 (5) This section is repealed August 31, 2016.
1888 Section 54. Subsection (4) of section 322.142, Florida
1889 Statutes, is amended to read:
1890 322.142 Color photographic or digital imaged licenses.—
1891 (4) The department may maintain a film negative or print
1892 file. The department shall maintain a record of the digital
1893 image and signature of the licensees, together with other data
1894 required by the department for identification and retrieval.
1895 Reproductions from the file or digital record are exempt from
1896 the provisions of s. 119.07(1) and shall be made and issued only
1897 for departmental administrative purposes; for the issuance of
1898 duplicate licenses; in response to law enforcement agency
1899 requests; to the Department of Business and Professional
1900 Regulation pursuant to an interagency agreement for the purpose
1901 of accessing digital images for reproduction of licenses issued
1902 by the Department of Business and Professional Regulation; to
1903 the Department of State pursuant to an interagency agreement to
1904 facilitate determinations of eligibility of voter registration
1905 applicants and registered voters in accordance with ss. 98.045
1906 and 98.075; to the Department of Revenue pursuant to an
1907 interagency agreement for use in establishing paternity and
1908 establishing, modifying, or enforcing support obligations in
1909 Title IV-D cases; to the Department of Children and Family
1910 Services pursuant to an interagency agreement to conduct
1911 protective investigations under part III of chapter 39 and
1912 chapter 415; to the Department of Children and Family Services
1913 pursuant to an interagency agreement specifying the number of
1914 employees in each of that department’s regions to be granted
1915 access to the records for use as verification of identity to
1916 expedite the determination of eligibility for public assistance
1917 and for use in public assistance fraud investigations; or to the
1918 Department of Financial Services pursuant to an interagency
1919 agreement to facilitate the location of owners of unclaimed
1920 property, the validation of unclaimed property claims, and the
1921 identification of fraudulent or false claims; or to district
1922 medical examiners pursuant to an interagency agreement for the
1923 purpose of identifying a deceased individual, determining cause
1924 of death, and notifying next of kin of any investigations,
1925 including autopsies and other laboratory examinations,
1926 authorized in s. 406.011.
1927 Section 55. Subsection (2) of section 322.19, Florida
1928 Statutes, is amended to read:
1929 322.19 Change of address or name.—
1930 (2) Whenever any person, after applying for or receiving a
1931 driver driver’s license, changes the legal residence or mailing
1932 address in the application or license, the person must, within
1933 10 calendar days after making the change, obtain a replacement
1934 license that reflects the change. A written request to the
1935 department must include the old and new addresses and the driver
1936 driver’s license number. Any person who has a valid, current
1937 student identification card issued by an educational institution
1938 in this state is presumed not to have changed his or her legal
1939 residence or mailing address. This subsection does not affect
1940 any person required to register a permanent or temporary address
1941 change pursuant to s. 775.13, s. 775.21, s. 775.25, or s.
1942 943.0435.
1943 Section 56. Paragraph (i) is added to subsection (1) of
1944 section 322.21, Florida Statutes, to read:
1945 322.21 License fees; procedure for handling and collecting
1946 fees.—
1947 (1) Except as otherwise provided herein, the fee for:
1948 (i) The specialty driver license or identification card
1949 issued pursuant to s. 322.1415 is $25, which is in addition to
1950 other fees required in this section. The fee shall be
1951 distributed as follows:
1952 1. Fifty percent shall be distributed as provided in s.
1953 320.08058 to the appropriate state or independent university,
1954 professional sports team, or branch of the United States Armed
1955 Forces.
1956 2. Fifty percent shall be distributed to the department for
1957 costs directly related to the specialty driver license and
1958 identification card program and to defray the costs associated
1959 with production enhancements and distribution.
1960 Section 57. Subsection (2) of section 322.251, Florida
1961 Statutes, is amended to read:
1962 322.251 Notice of cancellation, suspension, revocation, or
1963 disqualification of license.—
1964 (2) The giving of notice and an order of cancellation,
1965 suspension, revocation, or disqualification by mail is complete
1966 upon expiration of 20 days after deposit in the United States
1967 mail for all notices except those issued under chapter 324 or
1968 ss. 627.732—627.734, which are complete 15 days after deposit in
1969 the United States mail. Proof of the giving of notice and an
1970 order of cancellation, suspension, revocation, or
1971 disqualification in either such manner shall be made by entry in
1972 the records of the department that such notice was given. The
1973 Such entry is shall be admissible in the courts of this state
1974 and constitutes shall constitute sufficient proof that such
1975 notice was given.
1976 Section 58. Section 322.27, Florida Statutes, is amended to
1977 read:
1978 322.27 Authority of department to suspend or revoke driver
1979 license or identification card.—
1980 (1) Notwithstanding any provisions to the contrary in
1981 chapter 120, the department may is hereby authorized to suspend
1982 the license or identification card of any person without
1983 preliminary hearing upon a showing of its records or other
1984 sufficient evidence that the licensee or cardholder:
1985 (a) Has committed an offense for which mandatory revocation
1986 of license is required upon conviction. A law enforcement agency
1987 must provide information to the department within 24 hours after
1988 any traffic fatality or when the law enforcement agency
1989 initiates action pursuant to s. 316.1933;
1990 (b) Has been convicted of a violation of any traffic law
1991 which resulted in a crash that caused the death or personal
1992 injury of another or property damage in excess of $500;
1993 (c) Is incompetent to drive a motor vehicle;
1994 (d) Has permitted an unlawful or fraudulent use of the such
1995 license or identification card or has knowingly been a party to
1996 the obtaining of a license or identification card by fraud or
1997 misrepresentation or to the display, or representation represent
1998 as one’s own, of a driver any driver’s license or identification
1999 card not issued to him or her. Provided, however, no provision
2000 of This section does not shall be construed to include the
2001 provisions of s. 322.32(1);
2002 (e) Has committed an offense in another state which, if
2003 committed in this state, would be grounds for suspension or
2004 revocation; or
2005 (f) Has committed a second or subsequent violation of s.
2006 316.172(1) within a 5-year period of any previous violation.
2007 (2) The department shall suspend the license of any person
2008 without preliminary hearing upon a showing of its records that
2009 the licensee has been convicted in any court having jurisdiction
2010 over offenses committed under this chapter or any other law of
2011 this state regulating the operation of a motor vehicle on the
2012 highways, upon direction of the court, when the court feels that
2013 the seriousness of the offense and the circumstances surrounding
2014 the conviction warrant the suspension of the licensee’s driving
2015 privilege.
2016 (3) There is established a point system for evaluation of
2017 convictions of violations of motor vehicle laws or ordinances,
2018 and violations of applicable provisions of s. 403.413(6)(b) when
2019 such violations involve the use of motor vehicles, for the
2020 determination of the continuing qualification of any person to
2021 operate a motor vehicle. The department is authorized to suspend
2022 the license of any person upon showing of its records or other
2023 good and sufficient evidence that the licensee has been
2024 convicted of violation of motor vehicle laws or ordinances, or
2025 applicable provisions of s. 403.413(6)(b), amounting to 12 or
2026 more points as determined by the point system. The suspension
2027 shall be for a period of not more than 1 year.
2028 (a) When a licensee accumulates 12 points within a 12-month
2029 period, the period of suspension shall be for not more than 30
2030 days.
2031 (b) When a licensee accumulates 18 points, including points
2032 upon which suspension action is taken under paragraph (a),
2033 within an 18-month period, the suspension shall be for a period
2034 of not more than 3 months.
2035 (c) When a licensee accumulates 24 points, including points
2036 upon which suspension action is taken under paragraphs (a) and
2037 (b), within a 36-month period, the suspension shall be for a
2038 period of not more than 1 year.
2039 (d) The point system shall have as its basic element a
2040 graduated scale of points assigning relative values to
2041 convictions of the following violations:
2042 1. Reckless driving, willful and wanton—4 points.
2043 2. Leaving the scene of a crash resulting in property
2044 damage of more than $50—6 points.
2045 3. Unlawful speed resulting in a crash—6 points.
2046 4. Passing a stopped school bus—4 points.
2047 5. Unlawful speed:
2048 a. Not in excess of 15 miles per hour of lawful or posted
2049 speed—3 points.
2050 b. In excess of 15 miles per hour of lawful or posted
2051 speed—4 points.
2052 6. A violation of a traffic control signal device as
2053 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
2054 However, no points shall be imposed for a violation of s.
2055 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2056 stop at a traffic signal and when enforced by a traffic
2057 infraction enforcement officer. In addition, a violation of s.
2058 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2059 stop at a traffic signal and when enforced by a traffic
2060 infraction enforcement officer may not be used for purposes of
2061 setting motor vehicle insurance rates.
2062 7. All other moving violations (including parking on a
2063 highway outside the limits of a municipality)—3 points. However,
2064 no points shall be imposed for a violation of s. 316.0741 or s.
2065 316.2065(12); and points shall be imposed for a violation of s.
2066 316.1001 only when imposed by the court after a hearing pursuant
2067 to s. 318.14(5).
2068 8. Any moving violation covered above, excluding unlawful
2069 speed, resulting in a crash—4 points.
2070 9. Any conviction under s. 403.413(6)(b)—3 points.
2071 10. Any conviction under s. 316.0775(2)—4 points.
2072 (e) A conviction in another state of a violation therein
2073 which, if committed in this state, would be a violation of the
2074 traffic laws of this state, or a conviction of an offense under
2075 any federal law substantially conforming to the traffic laws of
2076 this state, except a violation of s. 322.26, may be recorded
2077 against a driver on the basis of the same number of points
2078 received had the conviction been made in a court of this state.
2079 (f) In computing the total number of points, when the
2080 licensee reaches the danger zone, the department is authorized
2081 to send the licensee a warning letter advising that any further
2082 convictions may result in suspension of his or her driving
2083 privilege.
2084 (g) The department shall administer and enforce the
2085 provisions of this law and may make rules and regulations
2086 necessary for its administration.
2087 (h) Three points shall be deducted from the driver history
2088 record of any person whose driving privilege has been suspended
2089 only once pursuant to this subsection and has been reinstated,
2090 if such person has complied with all other requirements of this
2091 chapter.
2092 (i) This subsection does shall not apply to persons
2093 operating a nonmotorized vehicle for which a driver driver’s
2094 license is not required.
2095 (4) The department, in computing the points and period of
2096 time for suspensions under this section, shall use the offense
2097 date of all convictions.
2098 (5) The department shall revoke the license of any person
2099 designated a habitual offender, as set forth in s. 322.264, and
2100 such person is shall not be eligible to be relicensed for a
2101 minimum of 5 years from the date of revocation, except as
2102 provided for in s. 322.271. Any person whose license is revoked
2103 may, by petition to the department, show cause why his or her
2104 license should not be revoked.
2105 (6) The department shall revoke the driving privilege of
2106 any person who is convicted of a felony for the possession of a
2107 controlled substance if, at the time of such possession, the
2108 person was driving or in actual physical control of a motor
2109 vehicle. A person whose driving privilege has been revoked
2110 pursuant to this subsection is shall not be eligible to receive
2111 a limited business or employment purpose license during the term
2112 of such revocation.
2113 (7) Review of an order of suspension or revocation shall be
2114 by writ of certiorari as provided in s. 322.31.
2115 Section 59. Subsection (5) of section 322.292, Florida
2116 Statutes, is repealed.
2117 Section 60. Subsection (2) of section 322.53, Florida
2118 Statutes, is amended to read:
2119 322.53 License required; exemptions.—
2120 (2) The following persons are exempt from the requirement
2121 to obtain a commercial driver driver’s license:
2122 (a) Drivers of authorized emergency vehicles.
2123 (b) Military personnel driving vehicles operated for
2124 military purposes.
2125 (c) Farmers transporting agricultural products, farm
2126 supplies, or farm machinery to or from their farms and within
2127 150 miles of their farms farm, if the vehicle operated under
2128 this exemption is not used in the operations of a common or
2129 contract motor carrier or transporting agricultural products to
2130 or from the first place of storage or processing or directly to
2131 or from market, within 150 miles of their farm.
2132 (d) Drivers of recreational vehicles, as defined in s.
2133 320.01.
2134 (e) Drivers who operate straight trucks, as defined in s.
2135 316.003, and who that are exclusively transporting exclusively
2136 their own tangible personal property, which is not for sale.
2137 (f) Employees An employee of a publicly owned transit
2138 system who are is limited to moving vehicles for maintenance or
2139 parking purposes exclusively within the restricted-access
2140 confines of a transit system’s property.
2141 Section 61. Subsection (2) of section 322.54, Florida
2142 Statutes, is amended to read:
2143 322.54 Classification.—
2144 (2) The department shall issue, pursuant to the
2145 requirements of this chapter, driver drivers’ licenses in
2146 accordance with the following classifications:
2147 (a) Any person who drives a motor vehicle combination
2148 having a gross vehicle weight rating or gross vehicle weight of
2149 26,001 pounds or more must possess a valid Class A driver
2150 driver’s license, if provided the gross vehicle weight rating or
2151 gross vehicle weight of the vehicle being towed is more than
2152 10,000 pounds. Any person who possesses a valid Class A driver
2153 driver’s license may, subject to the appropriate restrictions
2154 and endorsements, drive any class of motor vehicle within this
2155 state.
2156 (b) Any person, except a person who possesses a valid Class
2157 A driver driver’s license, who drives a motor vehicle having a
2158 gross vehicle weight rating or gross vehicle weight of 26,001
2159 pounds or more must possess a valid Class B driver driver’s
2160 license. Any person, except a person who possesses a valid Class
2161 A driver driver’s license, who drives such vehicle towing a
2162 vehicle having a gross vehicle weight rating of 10,000 pounds or
2163 less must possess a valid Class B driver driver’s license. Any
2164 person who possesses a valid Class B driver driver’s license
2165 may, subject to the appropriate restrictions and endorsements,
2166 drive any class of motor vehicle, other than the type of motor
2167 vehicle for which a Class A driver driver’s license is required,
2168 within this state.
2169 (c) Any person, except a person who possesses a valid Class
2170 A or a valid Class B driver driver’s license, who drives a motor
2171 vehicle having a gross vehicle weight rating of less than 26,001
2172 pounds and who is required to obtain an endorsement pursuant to
2173 paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) of s.
2174 322.57, must possess a valid Class C driver driver’s license.
2175 Any person who possesses a valid Class C driver driver’s license
2176 may, subject to the appropriate restrictions and endorsements,
2177 drive any class of motor vehicle, other than the type of motor
2178 vehicle for which a Class A or a Class B driver driver’s license
2179 is required, within this state.
2180 (d) Any person, except a person who possesses a valid Class
2181 A, valid Class B, or valid Class C driver driver’s license, who
2182 drives a motor vehicle must possess a valid Class E driver
2183 driver’s license. Any person who possesses a valid Class E
2184 driver driver’s license may, subject to the appropriate
2185 restrictions and endorsements, drive any type of motor vehicle,
2186 other than the type of motor vehicle for which a Class A, Class
2187 B, or Class C driver driver’s license is required, within this
2188 state.
2189 Section 62. Section 322.58, Florida Statutes, is repealed.
2190 Section 63. Section 322.59, Florida Statutes, is amended to
2191 read:
2192 322.59 Possession of medical examiner’s certificate.—
2193 (1) The department may shall not issue a commercial driver
2194 driver’s license to a any person who is required by the laws of
2195 this state or by federal law to possess a medical examiner’s
2196 certificate, unless the such person presents a valid
2197 certificate, as described in 49 C.F.R. s. 383.71, before prior
2198 to licensure.
2199 (2) The department shall disqualify a driver from operating
2200 a commercial motor vehicle if the driver holds a commercial
2201 driver license and fails to comply with the medical
2202 certification requirements in 49 C.F.R. s. 383.71 This section
2203 does not expand the requirements as to who must possess a
2204 medical examiner’s certificate.
2205 (3) A person who is disqualified from operating a
2206 commercial motor vehicle under this section may, if otherwise
2207 qualified, be issued a Class E driver license pursuant to s.
2208 322.251.
2209 Section 64. Subsections (3) and (5) of section 322.61,
2210 Florida Statutes, are amended to read:
2211 322.61 Disqualification from operating a commercial motor
2212 vehicle.—
2213 (3)(a) Except as provided in subsection (4), any person who
2214 is convicted of one of the offenses listed in paragraph (b)
2215 while operating a commercial motor vehicle shall, in addition to
2216 any other applicable penalties, be disqualified from operating a
2217 commercial motor vehicle for a period of 1 year.:
2218 (b) Except as provided in subsection (4), any holder of a
2219 commercial driver driver’s license who is convicted of one of
2220 the offenses listed in this paragraph while operating a
2221 noncommercial motor vehicle shall, in addition to any other
2222 applicable penalties, be disqualified from operating a
2223 commercial motor vehicle for a period of 1 year:
2224 1. Driving a motor vehicle while he or she is under the
2225 influence of alcohol or a controlled substance;
2226 2. Driving a commercial motor vehicle while the alcohol
2227 concentration of his or her blood, breath, or urine is .04
2228 percent or higher;
2229 3. Leaving the scene of a crash involving a motor vehicle
2230 driven by such person;
2231 4. Using a motor vehicle in the commission of a felony;
2232 5. Driving a commercial motor vehicle while in possession
2233 of a controlled substance;
2234 6. Refusing to submit to a test to determine his or her
2235 alcohol concentration while driving a motor vehicle;
2236 7. Driving a commercial vehicle while the licenseholder’s
2237 commercial driver driver’s license is suspended, revoked, or
2238 canceled or while the licenseholder is disqualified from driving
2239 a commercial vehicle; or
2240 8. Causing a fatality through the negligent operation of a
2241 commercial motor vehicle.
2242 (5) A Any person who is convicted of two violations
2243 specified in subsection (3) which were committed while operating
2244 a commercial motor vehicle, or any combination thereof, arising
2245 in separate incidents shall be permanently disqualified from
2246 operating a commercial motor vehicle. A Any holder of a
2247 commercial driver driver’s license who is convicted of two
2248 violations specified in subsection (3) which were committed
2249 while operating any a noncommercial motor vehicle, or any
2250 combination thereof, arising in separate incidents shall be
2251 permanently disqualified from operating a commercial motor
2252 vehicle. The penalty provided in this subsection is in addition
2253 to any other applicable penalty.
2254 Section 65. Subsection (1) of section 324.072, Florida
2255 Statutes, is amended to read:
2256 324.072 Proof required upon certain convictions.—
2257 (1) Upon the suspension or revocation of a license pursuant
2258 to the provisions of s. 322.26 or s. 322.27, the department
2259 shall suspend the registration for all motor vehicles registered
2260 in the name of the licensee such person, either individually or
2261 jointly with another. However, the department may, except that
2262 it shall not suspend the such registration, unless otherwise
2263 required by law, if the such person had insurance coverage
2264 limits required under s. 324.031 on the date of the latest
2265 offense that caused the suspension or revocation, or has
2266 previously given or shall immediately give, and thereafter
2267 maintain, proof of financial responsibility with respect to all
2268 motor vehicles registered by the such person, in accordance with
2269 this chapter.
2270 Section 66. Subsection (1) of section 324.091, Florida
2271 Statutes, is amended to read:
2272 324.091 Notice to department; notice to insurer.—
2273 (1) Each owner and operator involved in a crash or
2274 conviction case within the purview of this chapter shall furnish
2275 evidence of automobile liability insurance, motor vehicle
2276 liability insurance, or a surety bond within 14 30 days after
2277 from the date of the mailing of notice of crash by the
2278 department in the such form and manner as it may designate. Upon
2279 receipt of evidence that an automobile liability policy, motor
2280 vehicle liability policy, or surety bond was in effect at the
2281 time of the crash or conviction case, the department shall
2282 forward by United States mail, postage prepaid, to the insurer
2283 or surety insurer a copy of such information and shall assume
2284 that the such policy or bond was in effect, unless the insurer
2285 or surety insurer notifies shall notify the department otherwise
2286 within 20 days after from the mailing of the notice to the
2287 insurer or surety insurer. However,; provided that if the
2288 department shall later determines ascertain that an automobile
2289 liability policy, motor vehicle liability policy, or surety bond
2290 was not in effect and did not provide coverage for both the
2291 owner and the operator, it shall at such time take such action
2292 as it is otherwise authorized to do under this chapter. Proof of
2293 mailing to the insurer or surety insurer may be made by the
2294 department by naming the insurer or surety insurer to whom the
2295 such mailing was made and by specifying the time, place, and
2296 manner of mailing.
2297 Section 67. Subsection (5) of section 328.15, Florida
2298 Statutes, is amended to read:
2299 328.15 Notice of lien on vessel; recording.—
2300 (5)(a) The Department of Highway Safety and Motor Vehicles
2301 shall adopt make such rules to administer and regulations as it
2302 deems necessary or proper for the effective administration of
2303 this section law. The department may by rule require that a
2304 notice of satisfaction of a lien be notarized. The department
2305 shall prepare the forms of the notice of lien and the
2306 satisfaction of lien to be supplied, at a charge not to exceed
2307 50 percent more than cost, to applicants for recording the liens
2308 or satisfactions and shall keep a record of such notices of lien
2309 and satisfactions available for inspection by the public at all
2310 reasonable times. The division may is authorized to furnish
2311 certified copies of such satisfactions for a fee of $1, which
2312 are certified copies shall be admissible in evidence in all
2313 courts of this state under the same conditions and to the same
2314 effect as certified copies of other public records.
2315 (b) The department shall establish and administer an
2316 electronic titling program that requires the recording of vessel
2317 title information for new, transferred, and corrected
2318 certificates of title. Lienholders shall electronically transmit
2319 liens and lien satisfactions to the department in a format
2320 determined by the department. Individuals and lienholders who
2321 the department determines are not normally engaged in the
2322 business or practice of financing vessels are not required to
2323 participate in the electronic titling program.
2324 Section 68. Subsection (4) of section 328.16, Florida
2325 Statutes, is amended to read:
2326 328.16 Issuance in duplicate; delivery; liens and
2327 encumbrances.—
2328 (4) Notwithstanding any requirements in this section or in
2329 s. 328.15 indicating that a lien on a vessel shall be noted on
2330 the face of the Florida certificate of title, if there are one
2331 or more liens or encumbrances on a vessel, the department shall
2332 may electronically transmit the lien to the first lienholder and
2333 notify the first lienholder of any additional liens. Subsequent
2334 lien satisfactions shall may be electronically transmitted to
2335 the department and must shall include the name and address of
2336 the person or entity satisfying the lien. When electronic
2337 transmission of liens and lien satisfactions are used, the
2338 issuance of a certificate of title may be waived until the last
2339 lien is satisfied and a clear certificate of title is issued to
2340 the owner of the vessel.
2341 Section 69. Section 328.30, Florida Statutes, is amended to
2342 read:
2343 328.30 Transactions by electronic or telephonic means.—
2344 (1) The department may is authorized to accept any
2345 application provided for under this chapter by electronic or
2346 telephonic means.
2347 (2) The department may issue an electronic certificate of
2348 title in lieu of printing a paper title.
2349 (3) The department may collect electronic mail addresses
2350 and use electronic mail in lieu of the United States Postal
2351 Service for the purpose of providing renewal notices.
2352 Section 70. Subsection (1) of section 520.32, Florida
2353 Statutes, is amended to read:
2354 520.32 Licenses.—
2355 (1) A person may not engage in or transact the business of
2356 a retail seller engaging in retail installment transactions as
2357 defined in this part or operate a branch of such business
2358 without a license, except that a license is not required for:
2359 (a) A retail seller whose retail installment transactions
2360 are limited to the honoring of credit cards issued by dealers in
2361 oil and petroleum products licensed to do business in this
2362 state.
2363 (b) A person licensed by the office under part I. This
2364 paragraph exempts only a person licensed under part I from the
2365 licensure requirements of this section. This paragraph does not
2366 exempt the licensee from the other sections of this part, and
2367 any violations of those sections may subject the licensee to
2368 disciplinary action.
2369 Section 71. Paragraph (f) of subsection (13) of section
2370 713.78, Florida Statutes, is amended to read:
2371 713.78 Liens for recovering, towing, or storing vehicles
2372 and vessels.—
2373 (13)
2374 (f) This subsection applies only to the annual renewal in
2375 the registered owner’s birth month of a motor vehicle
2376 registration and does not apply to the transfer of a
2377 registration of a motor vehicle sold by a motor vehicle dealer
2378 licensed under chapter 320, except for the transfer of
2379 registrations which includes is inclusive of the annual
2380 renewals. This subsection does not apply to any vehicle
2381 registered in the name of the lessor. This subsection does not
2382 affect the issuance of the title to a motor vehicle,
2383 notwithstanding s. 319.23(8)(b) s. 319.23(7)(b).
2384 Section 72. Subsection (3) of section 316.271, Florida
2385 Statutes, is amended to read:
2386 316.271 Horns and warning devices.—
2387 (3) The driver of a motor vehicle shall, when reasonably
2388 necessary to ensure safe operation, give audible warning with
2389 his or her horn, but shall not otherwise use such horn when upon
2390 a highway.
2391 Section 73. Paragraph (c) of subsection (2) of section
2392 323.002, Florida Statutes, is amended to read:
2393 323.002 County and municipal wrecker operator systems;
2394 penalties for operation outside of system.—
2395 (2) In any county or municipality that operates a wrecker
2396 operator system:
2397 (c) When an unauthorized wrecker operator drives by the
2398 scene of a wrecked or disabled vehicle and the owner or operator
2399 initiates contact by signaling the wrecker operator to stop and
2400 provide towing services, the unauthorized wrecker operator must
2401 disclose to the owner or operator of the vehicle that he or she
2402 is not the authorized wrecker operator who has been designated
2403 as part of the wrecker operator system and must disclose, in
2404 writing, a fee schedule that includes what charges for towing
2405 and storage will apply before the vehicle is connected to or
2406 disconnected from the towing apparatus, the fee charged per mile
2407 to and from the storage facility, the fee charged per 24 hours
2408 of storage, and, prominently displayed, the consumer hotline for
2409 the Department of Agriculture and Consumer Services. Any person
2410 who violates this paragraph is guilty of a misdemeanor of the
2411 second degree, punishable as provided in s. 775.082 or s.
2412 775.083.
2413 Section 74. Paragraph (b) of subsection (1) of section
2414 316.0083, Florida Statutes, is amended to read:
2415 316.0083 Mark Wandall Traffic Safety Program;
2416 administration; report.—
2417 (1)
2418 (b)1.a. Within 30 days after a violation, notification must
2419 be sent to the registered owner of the motor vehicle involved in
2420 the violation specifying the remedies available under s. 318.14
2421 and that the violator must pay the penalty of $158 to the
2422 department, county, or municipality, or furnish an affidavit in
2423 accordance with paragraph (d), within 30 days following the date
2424 of the notification in order to avoid court fees, costs, and the
2425 issuance of a traffic citation. The notification shall be sent
2426 by first-class mail.
2427 b. Included with the notification to the registered owner
2428 of the motor vehicle involved in the infraction must be a notice
2429 that the owner has the right to review the photographic or
2430 electronic images or the streaming video evidence that
2431 constitutes a rebuttable presumption against the owner of the
2432 vehicle. The notice must state the time and place or Internet
2433 location where the evidence may be examined and observed.
2434 2. Penalties assessed and collected by the department,
2435 county, or municipality authorized to collect the funds provided
2436 for in this paragraph, less the amount retained by the county or
2437 municipality pursuant to subparagraph 3., shall be paid to the
2438 Department of Revenue weekly. Payment by the department, county,
2439 or municipality to the state shall be made by means of
2440 electronic funds transfers. In addition to the payment, summary
2441 detail of the penalties remitted shall be reported to the
2442 Department of Revenue.
2443 3. Penalties to be assessed and collected by the
2444 department, county, or municipality are as follows:
2445 a. One hundred fifty-eight dollars for a violation of s.
2446 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2447 stop at a traffic signal if enforcement is by the department’s
2448 traffic infraction enforcement officer. One hundred dollars
2449 shall be remitted to the Department of Revenue for deposit into
2450 the General Revenue Fund, $10 shall be remitted to the
2451 Department of Revenue for deposit into the Department of Health
2452 Emergency Medical Services Administrative Trust Fund, $3 shall
2453 be remitted to the Department of Revenue for deposit into the
2454 Brain and Spinal Cord Injury Trust Fund, and $45 shall be
2455 distributed to the municipality in which the violation occurred,
2456 or, if the violation occurred in an unincorporated area, to the
2457 county in which the violation occurred. Funds deposited into the
2458 Department of Health Emergency Medical Services Administrative
2459 Trust Fund under this sub-subparagraph shall be distributed as
2460 provided in s. 395.4036(1). Proceeds of the infractions in the
2461 Brain and Spinal Cord Injury Trust Fund shall be distributed
2462 quarterly to the Miami Project to Cure Paralysis and shall be
2463 used for brain and spinal cord research.
2464 b. One hundred fifty-eight dollars for a violation of s.
2465 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2466 stop at a traffic signal if enforcement is by a county or
2467 municipal traffic infraction enforcement officer. Seventy
2468 dollars shall be remitted by the county or municipality to the
2469 Department of Revenue for deposit into the General Revenue Fund,
2470 $10 shall be remitted to the Department of Revenue for deposit
2471 into the Department of Health Emergency Medical Services
2472 Administrative Trust Fund, $3 shall be remitted to the
2473 Department of Revenue for deposit into the Brain and Spinal Cord
2474 Injury Trust Fund, and $75 shall be retained by the county or
2475 municipality enforcing the ordinance enacted pursuant to this
2476 section. Funds deposited into the Department of Health Emergency
2477 Medical Services Administrative Trust Fund under this sub
2478 subparagraph shall be distributed as provided in s. 395.4036(1).
2479 Proceeds of the infractions in the Brain and Spinal Cord Injury
2480 Trust Fund shall be distributed quarterly to the Miami Project
2481 to Cure Paralysis and shall be used for brain and spinal cord
2482 research.
2483 4. An individual may not receive a commission from any
2484 revenue collected from violations detected through the use of a
2485 traffic infraction detector. A manufacturer or vendor may not
2486 receive a fee or remuneration based upon the number of
2487 violations detected through the use of a traffic infraction
2488 detector.
2489 Section 75. Paragraphs (a) and (e) of subsection (15) of
2490 section 318.18, Florida Statutes, are amended to read:
2491 318.18 Amount of penalties.—The penalties required for a
2492 noncriminal disposition pursuant to s. 318.14 or a criminal
2493 offense listed in s. 318.17 are as follows:
2494 (15)(a)1. One hundred and fifty-eight dollars for a
2495 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
2496 has failed to stop at a traffic signal and when enforced by a
2497 law enforcement officer. Sixty dollars shall be distributed as
2498 provided in s. 318.21, $30 shall be distributed to the General
2499 Revenue Fund, $3 shall be remitted to the Department of Revenue
2500 for deposit into the Brain and Spinal Cord Injury Trust Fund,
2501 and the remaining $65 shall be remitted to the Department of
2502 Revenue for deposit into the Emergency Medical Services
2503 Administrative Trust Fund of the Department of Health.
2504 2. One hundred and fifty-eight dollars for a violation of
2505 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2506 stop at a traffic signal and when enforced by the department’s
2507 traffic infraction enforcement officer. One hundred dollars
2508 shall be remitted to the Department of Revenue for deposit into
2509 the General Revenue Fund, $45 shall be distributed to the county
2510 for any violations occurring in any unincorporated areas of the
2511 county or to the municipality for any violations occurring in
2512 the incorporated boundaries of the municipality in which the
2513 infraction occurred, $10 shall be remitted to the Department of
2514 Revenue for deposit into the Department of Health Emergency
2515 Medical Services Administrative Trust Fund for distribution as
2516 provided in s. 395.4036(1), and $3 shall be remitted to the
2517 Department of Revenue for deposit into the Brain and Spinal Cord
2518 Injury Trust Fund.
2519 3. One hundred and fifty-eight dollars for a violation of
2520 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2521 stop at a traffic signal and when enforced by a county’s or
2522 municipality’s traffic infraction enforcement officer. Seventy
2523 five dollars shall be distributed to the county or municipality
2524 issuing the traffic citation, $70 shall be remitted to the
2525 Department of Revenue for deposit into the General Revenue Fund,
2526 $10 shall be remitted to the Department of Revenue for deposit
2527 into the Department of Health Emergency Medical Services
2528 Administrative Trust Fund for distribution as provided in s.
2529 395.4036(1), and $3 shall be remitted to the Department of
2530 Revenue for deposit into the Brain and Spinal Cord Injury Trust
2531 Fund.
2532 (e) Funds deposited into the Department of Health Emergency
2533 Medical Services Administrative Trust Fund under this subsection
2534 shall be distributed as provided in s. 395.4036(1).
2535 Section 76. Except as otherwise expressly provided in this
2536 act and except for this section, which shall take effect upon
2537 this act becoming a law, this act shall take effect January 1,
2538 2013.
2539
2540 ================= T I T L E A M E N D M E N T ================
2541 And the title is amended as follows:
2542 Delete everything before the enacting clause
2543 and insert:
2544 A bill to be entitled
2545 An act relating to highway safety and motor vehicles;
2546 amending s. 20.24, F.S.; renaming the Office of Motor
2547 Carrier Compliance within the Division of the Florida
2548 Highway Patrol as the “Office of Commercial Vehicle
2549 Enforcement”; amending s. 316.003, F.S.; revising the
2550 definition of the term “motor vehicle” to exclude
2551 swamp buggies; defining the term “swamp buggy”;
2552 amending s. 316.0083, F.S.; providing for the
2553 dismissal of a uniform traffic citation for failure to
2554 stop at a red light when the motor vehicle owner is
2555 deceased and an affidavit with specified supporting
2556 documents is filed with the issuing agency; amending
2557 s. 316.1303, F.S.; authorizing a person who is
2558 mobility impaired to use a motorized wheelchair to
2559 temporarily leave the sidewalk and use the roadway
2560 under certain circumstances; authorizing a law
2561 enforcement officer to issue only a verbal warning to
2562 such person; amending s. 316.183, F.S.; revising a
2563 provision that prohibits a school bus from exceeding
2564 the posted speed limits; amending s. 316.2065, F.S.;
2565 revising safety standard requirements for bicycle
2566 helmets that must be worn by certain riders and
2567 passengers; revising requirements for a bicycle
2568 operator to ride in a bicycle lane or along the curb
2569 or edge of the roadway; providing for enforcement of
2570 requirements for bicycle lighting equipment; providing
2571 penalties for violations; providing for dismissal of
2572 the charge following a first offense under certain
2573 circumstances; amending s. 316.2085, F.S.; requiring
2574 that the license tag of a motorcycle or moped remain
2575 clearly visible from the rear at all times;
2576 prohibiting deliberate acts to conceal or obscure the
2577 license tag; removing a condition for a motorcycle or
2578 moped license plate that reads from top to bottom to
2579 be affixed perpendicular to the ground; requiring that
2580 owners or operators of motorcycles or mopeds with
2581 vertical tags pay any required toll by whatever means
2582 available; providing penalties; amending s. 316.2126,
2583 F.S.; authorizing municipalities to use golf carts and
2584 utility vehicles to cross the State Highway System and
2585 operate on sidewalks adjacent to state highways under
2586 certain circumstances; creating s. 316.2129, F.S.;
2587 authorizing the operation of swamp buggies on a public
2588 road, highway, or street if a local governmental
2589 entity has designated the public road, highway, or
2590 street for such use; providing that the authorization
2591 does not apply to the State Highway System;
2592 authorizing the operation of swamp buggies on land
2593 managed, owned, or leased by a state or federal
2594 agency; amending s. 316.2397, F.S.; providing an
2595 exception to the prohibition against flashing vehicle
2596 lights for motorists who intermittently flash the
2597 vehicle’s headlamps at an oncoming vehicle, regardless
2598 of the intent in doing so, and for persons operating
2599 bicycles equipped with lamps; amending s. 316.302,
2600 F.S.; requiring owners or drivers of commercial motor
2601 vehicles that are engaged in intrastate commerce to be
2602 subject to specified federal rules and regulations as
2603 such rules and regulations existed on a certain date;
2604 providing that certain restrictions on the number of
2605 consecutive hours that a commercial motor vehicle may
2606 operate do not apply to a farm labor vehicle operated
2607 during a state of emergency or during an emergency
2608 pertaining to agriculture; correcting terminology;
2609 amending s. 316.3026, F.S., relating to unlawful
2610 operation of motor carriers; conforming provisions to
2611 changes made by the act; amending s. 316.613, F.S.,
2612 relating to requirements for the operator of a vehicle
2613 to use child restraints; providing that such
2614 provisions do not apply to certain for-hire vehicles;
2615 providing for the obligation of a parent, guardian, or
2616 other person responsible for a child’s welfare to
2617 comply with the requirements; amending s. 316.6135,
2618 F.S.; revising the criteria under which a child may
2619 not be left unattended in a vehicle; providing
2620 penalties; amending s. 316.655, F.S.; providing that a
2621 driver convicted of a violation of certain offenses
2622 relating to motor vehicles which resulted in an
2623 accident may have his or her driving privileges
2624 revoked or suspended; amending s. 318.14, F.S.;
2625 authorizing a person who does not hold a commercial
2626 driver license and who is cited for a noncriminal
2627 traffic infraction while driving a noncommercial motor
2628 vehicle to elect to attend a basic driver improvement
2629 course in lieu of a court appearance; authorizing a
2630 person who does not hold a commercial driver license
2631 and who is cited for certain offenses while driving a
2632 noncommercial motor vehicle to elect to enter a plea
2633 of nolo contendere and to provide proof of compliance
2634 in lieu of payment of fine or court appearance;
2635 amending s. 318.15, F.S.; providing that a person
2636 charged with a traffic infraction may request a
2637 hearing within a specified period after the date upon
2638 which the violation occurred; requiring that the clerk
2639 set the case for hearing; providing exceptions to the
2640 time period for requesting a hearing; authorizing the
2641 court to grant a request for a hearing made after the
2642 time period has expired; amending ss. 318.18 and
2643 318.21, F.S., relating to penalties and disposition of
2644 penalties; conforming cross-references; amending s.
2645 319.14, F.S.; prohibiting the sale or exchange of
2646 custom vehicles or street rod vehicles under certain
2647 conditions; providing definitions; amending s. 319.23,
2648 F.S.; requiring that the application for a certificate
2649 of title, corrected certificate, or assignment or
2650 reassignment be filed within a certain time period
2651 after the consummation of the sale of a mobile home;
2652 authorizing the department to accept a bond and
2653 affidavit if the applicant for a certificate of title
2654 is unable to provide a title that assigns the prior
2655 owner’s interest in the motor vehicle; providing
2656 requirements for the bond and the affidavit; providing
2657 that an interested person has a right to recover on
2658 the bond; limiting liability to the amount of the
2659 bond; providing for future expiration of the bond;
2660 amending s. 319.24, F.S.; requiring that the
2661 department electronically transmit a lien to the first
2662 lienholder and notify the first lienholder of any
2663 additional liens if there are one or more lien
2664 encumbrances on a motor vehicle or mobile home;
2665 requiring that subsequent lien satisfactions be
2666 transmitted electronically to the department; amending
2667 s. 319.27, F.S.; requiring that the department
2668 establish and administer an electronic titling
2669 program; requiring the electronic recording of vehicle
2670 title information for new, transferred, and corrected
2671 certificates of title; requiring that lienholders
2672 electronically transmit liens and lien satisfactions
2673 to the department; providing exceptions; amending s.
2674 319.28, F.S.; providing that a dealer of certain
2675 industrial equipment is not subject to licensure as a
2676 recovery agent or agency under certain conditions;
2677 amending to s. 319.30, F.S.; authorizing the
2678 department to adopt rules to implement an electronic
2679 system for issuing salvage certificates of title and
2680 certificates of destruction; amending s. 319.40, F.S.;
2681 authorizing the department to issue an electronic
2682 certificate of title in lieu of printing a paper title
2683 and to collect electronic mail addresses and use
2684 electronic mail as a notification method in lieu of
2685 the United States Postal Service; providing an
2686 exception; amending s. 320.01, F.S.; revising the
2687 definition of the term “motor vehicle” to exclude
2688 special mobile equipment and swamp buggies; defining
2689 the term “swamp buggy”; amending s. 320.02, F.S.;
2690 providing that an active duty member of the Armed
2691 Forces of the United States is exempt from the
2692 requirement to provide an address on an application
2693 for vehicle registration; revising provisions relating
2694 to the registration of a motor carrier who operates a
2695 commercial motor vehicle without liability insurance,
2696 a surety bond, or a valid self-insurance certificate;
2697 providing that the registration shall be canceled on
2698 the expiration date noted in the cancellation notice
2699 that the department receives from the insurer;
2700 requiring that the insurer provide notice to the
2701 department at the same time the cancellation notice is
2702 provided to the insured; authorizing the department to
2703 adopt rules regarding the electronic submission of the
2704 cancellation notice; removing a provision that
2705 prohibits cancellation of liability insurance or
2706 surety bond on less than 30 days’ notice to the
2707 department; requiring the application forms for motor
2708 vehicle registration and renewal of registration to
2709 include language permitting the applicant to make
2710 certain voluntary contributions to specified not-for
2711 profit entities; providing that such contributions are
2712 not income for specified purposes; requiring that the
2713 department retain all electronic registration records
2714 for a specified period; amending s. 320.03, F.S.;
2715 conforming a cross-reference; amending s. 320.06,
2716 F.S.; authorizing the department to conduct a pilot
2717 program to evaluate the designs, concepts, and
2718 technologies for alternative license plates; requiring
2719 that the department investigate the feasibility and
2720 use of alternative license plate technologies and the
2721 long-term cost impact to the consumer for purposes of
2722 the pilot program; requiring limiting the scope of the
2723 pilot program to license plates that are used on
2724 government-owned motor vehicles; providing an
2725 exemption for such license plates from certain
2726 requirements; providing that license plates issued
2727 under ch. 320, F.S., are the property of the state;
2728 amending s. 320.0605, F.S.; revising provisions
2729 relating to a requirement that rental or lease
2730 documentation be in the possession of an operator of a
2731 motor vehicle; providing specified information
2732 sufficient to satisfy this requirement; amending s.
2733 320.061, F.S.; prohibiting a person from altering the
2734 original appearance of a temporary license plate;
2735 amending s. 320.07, F.S.; revising provisions relating
2736 to the expiration of a registration of a motor vehicle
2737 or mobile home; providing that the registration for a
2738 motor vehicle or mobile home whose owner is a natural
2739 person expires at midnight on the owner’s birthday;
2740 amending s. 320.08056, F.S.; prohibiting the use of
2741 funds derived from the specialty license plate program
2742 from being used to lobby elected members or employees
2743 of the Legislature; amending s. 320.08058, F.S.;
2744 providing that up to 15 percent of the proceeds from
2745 the annual use fees for the Florida Golf license plate
2746 may be used by the Dade Amateur Golf Association for
2747 the administration of the Florida Junior Golf Program;
2748 amending s. 320.08068, F.S.; revising provisions
2749 relating to the use of funds received from the sale of
2750 motorcycle specialty license plates; deleting a
2751 provision that requires that 20 percent of the annual
2752 fee collected for such plates be used to leverage
2753 additional funding and new sources of revenue for the
2754 centers for independent living; amending s. 320.0807,
2755 F.S.; revising provisions for special license plates
2756 for the Governor and federal and state legislators;
2757 providing for issuance of special plates for former
2758 federal and state legislators; providing a one-time
2759 fee; providing for distribution of the fee;
2760 authorizing the department to create a unique plate
2761 design for plates to be used by members or former
2762 members of the Legislature or Congress under specified
2763 provisions; amending s. 320.0848, F.S.; revising the
2764 requirements for the deposit of fee proceeds from
2765 temporary disabled parking permits; requiring that
2766 certain proceeds be deposited into the Florida
2767 Endowment Foundation for Vocational Rehabilitation,
2768 instead of the Florida Governor’s Alliance for the
2769 Employment of Disabled Citizens; amending s. 320.089,
2770 F.S.; providing for the issuance of a Combat Infantry
2771 Badge license plate and a Vietnam War Veterans license
2772 plate; providing qualifications and requirements for
2773 the plate; amending s. 320.13, F.S.; authorizing a
2774 dealer of heavy trucks, upon payment of a license tax,
2775 to secure one or more dealer license plates under
2776 certain circumstances; providing that the license
2777 plates may be used for demonstration purposes for a
2778 specified period; requiring that the license plates be
2779 validated on a form prescribed by the department and
2780 be retained in the vehicle being operated; amending s.
2781 320.15, F.S.; providing that an owner of a motor
2782 vehicle or mobile home may apply for a refund of
2783 certain license taxes if the owner renews a
2784 registration during the advanced renewal period and
2785 surrenders the motor vehicle or mobile home license
2786 plate before the end of the renewal period; amending
2787 s. 320.27, F.S.; providing an exemption for salvage
2788 motor vehicle dealers from certain application and
2789 security requirements; amending s. 320.771, F.S.;
2790 revising the definition of the term “dealer”; amending
2791 s. 320.95, F.S.; authorizing the department to collect
2792 electronic mail addresses and use electronic mail for
2793 the purpose of providing renewal notices in lieu of
2794 the United States Postal Service; amending s. 322.04,
2795 F.S.; revising provisions exempting a nonresident from
2796 the requirement to obtain a driver license under
2797 certain circumstances; amending s. 322.051, F.S.;
2798 revising requirements by which an applicant for an
2799 identification card may prove nonimmigrant
2800 classification; clarifying the validity of an
2801 identification card based on specified documents;
2802 authorizing the department to require additional
2803 documentation to establish the maintenance of, or
2804 efforts to maintain, continuous lawful presence;
2805 providing for the department to waive the fees for
2806 issuing or renewing an identification card to a person
2807 who is homeless; amending s. 322.058, F.S.; conforming
2808 a cross-reference; amending s. 322.065, F.S.; revising
2809 provisions relating to a person whose driver license
2810 has expired for 6 months or less and who drives a
2811 motor vehicle; amending s. 322.07, F.S.; revising
2812 provisions relating to temporary commercial
2813 instruction permits; amending s. 322.08, F.S.;
2814 revising provisions relating to an application for a
2815 driver license or temporary permit; requiring that
2816 applicants prove nonimmigrant classification by
2817 providing certain documentation; authorizing the
2818 department to require additional documentation to
2819 establish the maintenance of, or efforts to maintain,
2820 continuous lawful presence; revising the length of
2821 time a license is valid when issuance is based on
2822 documentation required under specified provisions;
2823 requiring the application forms for an original,
2824 renewal, or replacement driver license to include
2825 language permitting the applicant to make certain
2826 voluntary contributions to specified not-for-profit
2827 entities;; authorizing the department to collect
2828 electronic mail addresses and use electronic mail for
2829 the purpose of providing renewal notices in lieu of
2830 the United States Postal Service; amending s. 322.121,
2831 F.S.; conforming a provision relating to Safe Driver
2832 designation; revising provisions authorizing the
2833 automatic extension of a license for members of the
2834 Armed Forces of the United States or their dependents
2835 while serving on active duty outside the state;
2836 amending s. 322.14, F.S.; deleting a requirement that
2837 a qualified driver license applicant appear in person
2838 for issuance of a color photographic or digital imaged
2839 driver license; creating s. 322.1415, F.S.;
2840 authorizing the department to issue a specialty driver
2841 license or identification card to qualified
2842 applicants; specifying that, at a minimum, the
2843 specialty driver licenses and identification cards
2844 must be available for certain state and independent
2845 universities and professional sports teams and all of
2846 the branches of the Armed Forces of the United States;
2847 requiring that the department approve the design of
2848 each specialty driver license and identification card;
2849 providing for future expiration; amending s. 322.142,
2850 F.S.; providing district medical examiners access to
2851 driver information maintained in the Driver and
2852 Vehicle Information Database for a specified purpose;
2853 amending s. 322.19, F.S.; providing that certain
2854 persons who have a valid student identification card
2855 are presumed not to have changed their legal residence
2856 or mailing address; amending s. 322.21, F.S.;
2857 providing for the distribution of funds collected from
2858 the specialty driver license and identification card
2859 fees; amending s. 322.251, F.S.; providing that
2860 certain notices of cancellation, suspension,
2861 revocation, or disqualification of a driver license
2862 are complete within a specified period after deposit
2863 in the mail; amending s. 322.27, F.S.; revising the
2864 department’s authority to suspend or revoke licenses
2865 or identification cards under certain circumstances;
2866 repealing s. 322.292(5), F.S., relating to private
2867 probation services providers referring probationers to
2868 any DUI program owned in whole or in part by that
2869 probation services provider or its affiliates;
2870 amending s. 322.53, F.S.; revising an exemption from
2871 the requirement to obtain a commercial driver license
2872 for farmers transporting agricultural products, farm
2873 supplies, or farm machinery under certain
2874 circumstances; providing that such exemption applies
2875 if the vehicle is not used in the operations of a
2876 common or contract motor carrier; amending s. 322.54,
2877 F.S.; requiring that persons who drive a motor vehicle
2878 having a gross vehicle weight rating or gross vehicle
2879 weight of a specified amount or more possess certain
2880 classifications of driver licenses; repealing s.
2881 322.58, F.S., relating to holders of chauffeur
2882 licenses and the classified licensure of commercial
2883 motor vehicle drivers; amending s. 322.59, F.S.;
2884 revising provisions relating to the possession of a
2885 medical examiner’s certificate; requiring that the
2886 department disqualify a driver from operating a
2887 commercial motor vehicle if the driver holds a
2888 commercial driver license and fails to comply with the
2889 medical certification requirements; authorizing the
2890 department to issue, under certain circumstances, a
2891 Class E driver license to a person who is disqualified
2892 from operating a commercial motor vehicle; amending s.
2893 322.61, F.S.; revising provisions relating to the
2894 disqualification from operating a commercial motor
2895 vehicle; providing that any holder of a commercial
2896 driver license who is convicted of two violations
2897 committed while operating any motor vehicle is
2898 permanently disqualified from operating a commercial
2899 motor vehicle; amending s. 324.072, F.S.; prohibiting
2900 the department from suspending a registration of a
2901 motor vehicle if the person to whom the motor vehicle
2902 is registered had certain limits on the date of the
2903 offense that caused the suspension or revocation;
2904 amending s. 324.091, F.S.; revising the period within
2905 which an owner or operator involved in a crash must
2906 furnish evidence of automobile liability insurance,
2907 motor vehicle liability insurance, or surety bond;
2908 amending s. 328.15, F.S.; requiring that the
2909 department establish and administer an electronic
2910 titling program that requires the recording of vessel
2911 title information for new, transferred, and corrected
2912 certificates of title; requiring that lienholders
2913 electronically transmit liens and lien satisfactions
2914 to the department; providing exceptions; amending s.
2915 328.16, F.S.; requiring that the department
2916 electronically transmit a lien to the first lienholder
2917 and notify such lienholder of any additional liens;
2918 requiring that subsequent lien satisfactions be
2919 electronically transmitted to the department; amending
2920 s. 328.30, F.S.; authorizing the department to issue
2921 an electronic certificate of title in lieu of printing
2922 a paper title; authorizing the department to collect
2923 electronic mail addresses and use electronic mail for
2924 the purpose of providing renewal notices in lieu of
2925 the United States Postal Service; amending s. 520.32,
2926 F.S.; providing an exemption to specified licensing
2927 requirements for motor vehicle dealers licensed under
2928 specified provisions; providing for application of the
2929 exemption; amending s. 713.78, F.S.; conforming a
2930 cross-reference; amending s. 316.271, F.S.; removing a
2931 prohibition on using the audible horn of a motor
2932 vehicle on a highway; amending s. 323.002, F.S.;
2933 requiring unauthorized wrecker operators to disclose a
2934 fee schedule and certain information; amending ss.
2935 316.0083 and 318.18, F.S.; revising provisions
2936 relating to the deposit of funds from traffic
2937 infractions; correcting references to a trust fund;
2938 providing effective dates.