Florida Senate - 2013 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1458
Barcode 589602
576-03037A-13
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Transportation, Tourism, and
Economic Development)
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; amending s. 110.205, F.S.;
4 providing that certain positions in the department are
5 exempt from career service; amending s. 207.002, F.S.,
6 relating to the Florida Diesel Fuel and Motor Fuel Use
7 Tax Act of 1981; deleting definitions of the terms
8 “apportioned motor vehicle” and “apportionable
9 vehicle”; providing legislative intent relating to
10 road rage and traffic congestion; amending s. 316.003,
11 F.S.; defining the term “road rage”; amending s.
12 316.066, F.S.; authorizing the Department of
13 Transportation to immediately receive a crash report;
14 amending s. 316.083, F.S.; requiring that an operator
15 of a motor vehicle yield the furthermost left-hand
16 lane when being overtaken on a multilane highway;
17 providing exceptions; reenacting s. 316.1923, F.S.,
18 relating to aggressive careless driving, to
19 incorporate the amendments made to s. 316.083, F.S.,
20 in a reference thereto; requiring that the Department
21 of Highway Safety and Motor Vehicles provide
22 information about the act in driver license
23 educational materials that are newly published on or
24 after a specified date; amending s. 316.1937, F.S.;
25 revising operational specifications for ignition
26 interlock devices; amending s. 316.2015, F.S.;
27 prohibiting the operator of a pickup truck or flatbed
28 truck from permitting a child who is younger than 6
29 years of age from riding within the open body of the
30 truck under certain circumstances; amending s.
31 316.302, F.S.; revising provisions for certain
32 commercial motor vehicles and transporters and
33 shippers of hazardous materials; providing for
34 application of specified federal regulations; removing
35 a provision for application of specified provisions
36 and federal regulations to transporting liquefied
37 petroleum gas; amending s. 316.3025, F.S.; providing
38 penalties for violation of specified federal
39 regulations relating to medical and physical
40 requirements for commercial drivers while driving a
41 commercial motor vehicle; revising provisions for
42 seizure of a motor vehicle for refusal to pay penalty;
43 amending s. 316.545, F.S.; revising language relating
44 to certain commercial motor vehicles not properly
45 licensed and registered; amending s. 316.646, F.S.;
46 authorizing the use of an electronic device to provide
47 proof of insurance under the section; providing that
48 displaying such information on an electronic device
49 does not constitute consent for a law enforcement
50 officer to access other information stored on the
51 device; providing that the person displaying the
52 device assumes the liability for any resulting damage
53 to the device; requiring the department to adopt
54 rules; amending s. 317.0016, F.S., relating to
55 expedited services; removing a requirement that the
56 department provide such service for certain
57 certificates; amending s. 318.14, F.S., relating to
58 disposition of traffic citations; providing that
59 certain alternative procedures for certain traffic
60 offenses are not available to a person who holds a
61 commercial learner’s permit; amending s. 318.1451,
62 F.S.; revising provisions relating to driver
63 improvement schools; removing a provision for a chief
64 judge to establish requirements for the location of
65 schools within a judicial circuit; removing a
66 provision that authorizes a person to operate a driver
67 improvement school; revising provisions for persons
68 taking an unapproved course; providing criteria for
69 initial approval of courses; revising requirements for
70 assessment fees, courses, course certificates, and
71 course providers; directing the department to adopt
72 rules; creating s. 319.141, F.S.; establishing a pilot
73 rebuilt motor vehicle inspection program; providing
74 definitions; requiring the department to contract with
75 private vendors to establish and operate inspection
76 facilities in certain counties; providing minimum
77 requirements for applicants; requiring the department
78 to submit a report to the Legislature; providing for
79 future repeal; amending s. 319.225, F.S.; revising
80 provisions for certificates of title, reassignment of
81 title, and forms; revising procedures for transfer of
82 title; amending s. 319.23, F.S.; revising requirements
83 for content of certificates of title and applications
84 for title; amending s. 319.28, F.S.; revising
85 provisions for transfer of ownership by operation of
86 law when a motor vehicle or mobile home is
87 repossessed; removing provisions for a certificate of
88 repossession; amending s. 319.323, F.S., relating to
89 expedited services of the department; removing
90 certificates of repossession; amending s. 320.01,
91 F.S.; removing the definition of the term “apportioned
92 motor vehicle”; revising the definition of the term
93 “apportionable motor vehicle”; amending s. 320.02,
94 F.S.; revising requirements for application for motor
95 vehicle registration; amending s. 320.03, F.S.;
96 revising a provision for registration under the
97 International Registration Plan; amending s. 320.05,
98 F.S.; revising provisions relating to record
99 inspection procedures and fees; deleting provisions
100 that permit certain public inspection of registration
101 records; deleting a provision allowing certain
102 businesses and professionals to obtain information by
103 telecommunication in certain circumstances; conforming
104 and clarifying a list of records that may be provided
105 by the department; amending s. 320.071, F.S.; revising
106 a provision for advance renewal of registration under
107 the International Registration Plan; amending s.
108 320.0715, F.S.; revising provisions for vehicles
109 required to be registered under the International
110 Registration Plan; amending s. 320.18, F.S.; providing
111 for withholding of motor vehicle or mobile home
112 registration when a coowner has failed to register the
113 motor vehicle or mobile home during a previous period
114 when such registration was required; providing for
115 cancelling a vehicle or vessel registration, driver
116 license, identification card, or fuel-use tax decal if
117 the coowner pays certain fees and other liabilities
118 with a dishonored check; amending s. 320.27, F.S.,
119 relating to motor vehicle dealers; providing for
120 extended periods for dealer licenses and supplemental
121 licenses; providing fees; amending s. 320.62, F.S.,
122 relating to manufacturers, distributors, and importers
123 of motor vehicles; providing for extended licensure
124 periods; providing fees; amending s. 320.77, F.S.,
125 relating to mobile home dealers; providing for
126 extended licensure periods; providing fees; amending
127 s. 320.771, F.S., relating to recreational vehicle
128 dealers; providing for extended licensure periods;
129 providing fees; amending s. 320.8225, F.S., relating
130 to mobile home and recreational vehicle manufacturers,
131 distributors, and importers; providing for extended
132 licensure periods; providing fees; amending s.
133 322.095, F.S.; requiring an applicant for a driver
134 license to complete a traffic law and substance abuse
135 education course; providing exceptions; revising
136 procedures for evaluation and approval of such
137 courses; revising criteria for such courses and the
138 schools conducting the courses; providing for
139 collection and disposition of certain fees; requiring
140 providers to maintain records; directing the
141 department to conduct effectiveness studies; requiring
142 a provider to cease offering a course that fails the
143 study; requiring courses to be updated at the request
144 of the department; providing a timeframe for course
145 length; prohibiting a provider from charging for a
146 completion certificate; requiring providers to
147 disclose certain information; requiring providers to
148 submit course completion information to the department
149 within a certain time period; prohibiting certain
150 acts; providing that the department shall not accept
151 certification from certain students; prohibiting a
152 person convicted of certain crimes from conducting
153 courses; directing the department to suspend course
154 approval for certain purposes; providing for the
155 department to deny, suspend, or revoke course approval
156 for certain acts; providing for administrative hearing
157 before final action denying, suspending, or revoking
158 course approval; providing penalties for violations;
159 amending s. 322.125, F.S.; revising criteria for
160 members of the Medical Advisory Board; amending s.
161 322.135, F.S.; removing a provision that authorizes a
162 tax collector to direct certain licensees to the
163 department for examination or reexamination; creating
164 s. 322.143, F.S.; defining terms; prohibiting a
165 private entity from swiping an individual’s driver
166 license or identification card except for certain
167 specified purposes; providing that a private entity
168 that swipes an individual’s driver license or
169 identification card may not store, sell, or share
170 personal information collected from swiping the driver
171 license or identification card; providing that a
172 private entity may store or share personal information
173 collected from swiping an individual’s driver license
174 or identification card for the purpose of preventing
175 fraud or other criminal activity against the private
176 entity; providing that the private entity may manually
177 collect personal information; prohibiting a private
178 entity from withholding the provision of goods or
179 services solely as a result of the individual
180 requesting the collection of the data through manual
181 means; providing remedies; amending s. 322.18, F.S.;
182 revising provisions for a vision test required for
183 driver license renewal for certain drivers; amending
184 s. 322.21, F.S.; making grammatical changes; amending
185 s. 322.212, F.S.; providing penalties for certain
186 violations involving application and testing for a
187 commercial driver license or a commercial learner’s
188 permit; amending s. 322.22, F.S.; authorizing the
189 department to withhold issuance or renewal of a driver
190 license, identification card, vehicle or vessel
191 registration, or fuel-use decal under certain
192 circumstances; amending s. 322.245, F.S.; requiring a
193 depository or clerk of court to electronically notify
194 the department of a person’s failure to pay support or
195 comply with directives of the court; amending s.
196 322.25, F.S.; removing a provision for a court order
197 to reinstate a person’s driving privilege on a
198 temporary basis when the person’s license and driving
199 privilege have been revoked under certain
200 circumstances; amending s. 322.2615, F.S., relating to
201 review of a license suspension when the driver had
202 blood or breath alcohol at a certain level or the
203 driver refused a test of his or her blood or breath to
204 determine the alcohol level; providing procedures for
205 a driver to be issued a restricted license under
206 certain circumstances; revising provisions for
207 informal and formal reviews; providing for the hearing
208 officer to be designated by the department;
209 authorizing the hearing officer to conduct hearings
210 using telecommunications technology; revising
211 procedures for enforcement of subpoenas; amending s.
212 322.2616, F.S., relating to review of a license
213 suspension when the driver is under 21 years of age
214 and had blood or breath alcohol at a certain level;
215 revising provisions for informal and formal reviews;
216 providing for the hearing officer to be designated by
217 the department; authorizing the hearing officer to
218 conduct hearings using telecommunications technology;
219 revising procedures for enforcement of subpoenas;
220 amending s. 322.271, F.S.; correcting cross-references
221 and conforming provisions to changes made by the act;
222 providing procedures for certain persons who have no
223 previous convictions for certain alcohol-related
224 driving offenses to be issued a driver license for
225 business purposes only; amending s. 322.2715, F.S.;
226 providing requirements for issuance of a restricted
227 license for a person convicted of a DUI offense if a
228 medical waiver of placement of an ignition interlock
229 device was given to such person; amending s. 322.28,
230 F.S., relating to revocation of driver license for
231 convictions of DUI offenses; providing that
232 convictions occurring on the same date for offenses
233 occurring on separate dates are considered separate
234 convictions; removing a provision relating to a court
235 order for reinstatement of a revoked license;
236 repealing s. 322.331, F.S., relating to habitual
237 traffic offenders; amending s. 322.61, F.S.; revising
238 provisions for disqualification from operating a
239 commercial motor vehicle; providing for application of
240 such provisions to persons holding a commercial
241 learner’s permit; revising the offenses for which
242 certain disqualifications apply; amending s. 322.64,
243 F.S., relating to driving with unlawful blood-alcohol
244 level or refusal to submit to breath, urine, or blood
245 test by a commercial driver license holder or person
246 driving a commercial motor vehicle; providing that a
247 disqualification from driving a commercial motor
248 vehicle is considered a conviction for certain
249 purposes; revising the time period a person is
250 disqualified from driving for alcohol-related
251 violations; revising requirements for notice of the
252 disqualification; providing that under the review of a
253 disqualification the hearing officer shall consider
254 the crash report; revising provisions for informal and
255 formal reviews; providing for the hearing officer to
256 be designated by the department; authorizing the
257 hearing officer to conduct hearings using
258 telecommunications technology; revising procedures for
259 enforcement of subpoenas; directing the department to
260 issue a temporary driving permit or invalidate the
261 suspension under certain circumstances; providing for
262 construction of specified provisions; amending s.
263 323.002, F.S.; revising the definition of a wrecker
264 operator system; providing that an unauthorized
265 wrecker, tow truck, or other motor vehicle used during
266 certain offenses may be immediately removed and
267 impounded; requiring that an unauthorized wrecker
268 operator disclose in writing to the owner or operator
269 of a disabled motor vehicle certain information;
270 requiring that the unauthorized wrecker operator
271 provide such disclosure to the owner or operator of
272 the disabled vehicle in the presence of a law
273 enforcement officer if one is present at the scene of
274 a motor vehicle accident; authorizing a law
275 enforcement officer from a local governmental agency
276 or state law enforcement agency to remove and impound
277 an unauthorized wrecker, tow truck, or other motor
278 vehicle from the scene of a disabled vehicle or wreck;
279 authorizing the authority that caused the removal and
280 impoundment to assess a cost-recovery fine; requiring
281 a release form; requiring that the wrecker, tow truck,
282 or other motor vehicle remain impounded until the fine
283 has been paid; providing for public sale of an
284 impounded vehicle; providing fines for violations;
285 requiring that the unauthorized wrecker operator pay
286 the fees associated with the removal and storage of
287 the wrecker, tow truck, or other motor vehicle;
288 amending s. 324.0221, F.S.; revising the actions which
289 must be reported to the department by an insurer that
290 has issued a policy providing personal injury
291 protection coverage or property damage liability
292 coverage; revising time allowed for submitting the
293 report; amending s. 324.031, F.S.; revising the
294 methods a vehicle owner or operator may use to prove
295 financial responsibility; removing a provision for
296 posting a bond with the department; amending s.
297 324.091, F.S.; revising provisions requiring motor
298 vehicle owners and operators to provide evidence to
299 the department of liability insurance coverage under
300 certain circumstances; revising provisions for
301 verification by insurers of such evidence; amending s.
302 324.161, F.S.; providing requirements for issuance of
303 a certificate of insurance; requiring proof of a
304 certificate of deposit of a certain amount of money in
305 a financial institution; providing for power of
306 attorney to be issued to the department for execution
307 under certain circumstances; amending s. 328.01, F.S.,
308 relating to vessel titles; revising identification
309 requirements for applications for a certificate of
310 title; amending s. 328.48, F.S., relating to vessel
311 registration; revising identification requirements for
312 applications for vessel registration; amending s.
313 328.76, F.S., relating to vessel registration funds;
314 revising provisions for funds to be deposited into the
315 Highway Safety Operating Trust Fund; amending s.
316 713.585, F.S.; requiring that a lienholder check the
317 National Motor Vehicle Title Information System or the
318 records of any corresponding agency of any other state
319 before enforcing a lien by selling the motor vehicle;
320 requiring the lienholder to notify the local law
321 enforcement agency in writing by certified mail
322 informing the law enforcement agency that the
323 lienholder has made a good faith effort to locate the
324 owner or lienholder; specifying that a good faith
325 effort includes a check of the Department of Highway
326 Safety and Motor Vehicles database records and the
327 National Motor Vehicle Title Information System;
328 setting requirements for notification of the sale of
329 the vehicle as a way to enforce a lien; requiring the
330 lienholder to publish notice; requiring the lienholder
331 to keep a record of proof of checking the National
332 Motor Vehicle Title Information System; amending s.
333 713.78, F.S.; revising provisions for enforcement of a
334 lien for recovering, towing, or storing a vehicle or
335 vessel; amending ss. 212.08, 261.03, 316.2122,
336 316.2124, 316.21265, 316.3026, 316.550, 317.0003,
337 320.08, 320.0847, 322.282, 324.023, 324.171, 324.191,
338 627.733, and 627.7415, F.S.; correcting cross
339 references and conforming provisions to changes made
340 by the act; providing an effective date.
341
342 Be It Enacted by the Legislature of the State of Florida:
343
344 Section 1. Paragraph (m) of subsection (2) of section
345 110.205, Florida Statutes, is amended to read:
346 110.205 Career service; exemptions.—
347 (2) EXEMPT POSITIONS.—The exempt positions that are not
348 covered by this part include the following:
349 (m) All assistant division director, deputy division
350 director, and bureau chief positions in any department, and
351 those positions determined by the department to have managerial
352 responsibilities comparable to such positions, which include,
353 but are not limited to:
354 1. Positions in the Department of Health and the Department
355 of Children and Family Services that are assigned primary duties
356 of serving as the superintendent or assistant superintendent of
357 an institution.
358 2. Positions in the Department of Corrections that are
359 assigned primary duties of serving as the warden, assistant
360 warden, colonel, or major of an institution or that are assigned
361 primary duties of serving as the circuit administrator or deputy
362 circuit administrator.
363 3. Positions in the Department of Transportation that are
364 assigned primary duties of serving as regional toll managers and
365 managers of offices, as defined in s. 20.23(4)(b) and (5)(c).
366 4. Positions in the Department of Environmental Protection
367 that are assigned the duty of an Environmental Administrator or
368 program administrator.
369 5. Positions in the Department of Health that are assigned
370 the duties of Environmental Administrator, Assistant County
371 Health Department Director, and County Health Department
372 Financial Administrator.
373 6. Positions in the Department of Highway Safety and Motor
374 Vehicles that are assigned primary duties of serving as captains
375 in the Florida Highway Patrol.
376 Unless otherwise fixed by law, the department shall set the
377 salary and benefits of the positions listed in this paragraph in
378 accordance with the rules established for the Selected Exempt
379 Service.
380 Section 2. Section 207.002, Florida Statutes, is reordered
381 and amended to read:
382 207.002 Definitions.—As used in this chapter, the term:
383 (1) “Apportioned motor vehicle” means any motor vehicle
384 which is required to be registered under the International
385 Registration Plan.
386 (1)(2) “Commercial motor vehicle” means any vehicle not
387 owned or operated by a governmental entity which uses diesel
388 fuel or motor fuel on the public highways; and which has a gross
389 vehicle weight in excess of 26,000 pounds, or has three or more
390 axles regardless of weight, or is used in combination when the
391 weight of such combination exceeds 26,000 pounds gross vehicle
392 weight. The term excludes any vehicle owned or operated by a
393 community transportation coordinator as defined in s. 427.011 or
394 by a private operator that provides public transit services
395 under contract with such a provider.
396 (2)(3) “Department” means the Department of Highway Safety
397 and Motor Vehicles.
398 (7)(4) “Motor carrier” means any person owning,
399 controlling, operating, or managing any motor vehicle used to
400 transport persons or property over any public highway.
401 (8)(5) “Motor fuel” means what is commonly known and sold
402 as gasoline and fuels containing a mixture of gasoline and other
403 products.
404 (9)(6) “Operate,” “operated,” “operation,” or “operating”
405 means and includes the utilization in any form of any commercial
406 motor vehicle, whether loaded or empty, whether utilized for
407 compensation or not for compensation, and whether owned by or
408 leased to the motor carrier who uses it or causes it to be used.
409 (10)(7) “Person” means and includes natural persons,
410 corporations, copartnerships, firms, companies, agencies, or
411 associations, singular or plural.
412 (11)(8) “Public highway” means any public street, road, or
413 highway in this state.
414 (3)(9) “Diesel fuel” means any liquid product or gas
415 product or combination thereof, including, but not limited to,
416 all forms of fuel known or sold as diesel fuel, kerosene, butane
417 gas, or propane gas and all other forms of liquefied petroleum
418 gases, except those defined as “motor fuel,” used to propel a
419 motor vehicle.
420 (13)(10) “Use,” “uses,” or “used” means the consumption of
421 diesel fuel or motor fuel in a commercial motor vehicle for the
422 propulsion thereof.
423 (4)(11) “International Registration Plan” means a
424 registration reciprocity agreement among states of the United
425 States and provinces of Canada providing for payment of license
426 fees or license taxes on the basis of fleet miles operated in
427 various jurisdictions.
428 (12) “Apportionable vehicle” means any vehicle, except a
429 recreational vehicle, a vehicle displaying restricted plates, a
430 municipal pickup and delivery vehicle, a bus used in
431 transportation of chartered parties, and a government-owned
432 vehicle, which is used or intended for use in two or more states
433 of the United States or provinces of Canada that allocate or
434 proportionally register vehicles and which is used for the
435 transportation of persons for hire or is designed, used, or
436 maintained primarily for the transportation of property and:
437 (a) Is a power unit having a gross vehicle weight in excess
438 of 26,000 pounds;
439 (b) Is a power unit having three or more axles, regardless
440 of weight; or
441 (c) Is used in combination, when the weight of such
442 combination exceeds 26,000 pounds gross vehicle weight.
443 (5)(13) “Interstate” means vehicle movement between or
444 through two or more states.
445 (6)(14) “Intrastate” means vehicle movement from one point
446 within a state to another point within the same state.
447 (12)(15) “Registrant” means a person in whose name or names
448 a vehicle is properly registered.
449 Section 3. The intent of the Legislature is to reduce road
450 rage and traffic congestion by reducing the incidence of crashes
451 and drivers’ interferences with the movement of traffic and by
452 promoting the orderly, free flow of traffic on the roads and
453 highways of the state.
454 Section 4. Subsection (91) is added to section 316.003,
455 Florida Statutes, to read:
456 316.003 Definitions.—The following words and phrases, when
457 used in this chapter, shall have the meanings respectively
458 ascribed to them in this section, except where the context
459 otherwise requires:
460 (91) ROAD RAGE.—The act of a driver or passenger to
461 intentionally or unintentionally, due to a loss of emotional
462 control, injure or kill another driver, passenger, bicyclist, or
463 pedestrian, or to attempt or threaten to injure or kill another
464 driver, passenger, bicyclist, or pedestrian.
465 Section 5. Paragraph (b) of subsection (2) of section
466 316.066, Florida Statutes, is amended to read:
467 316.066 Written reports of crashes.—
468 (2)
469 (b) Crash reports held by an agency under paragraph (a) may
470 be made immediately available to the parties involved in the
471 crash, their legal representatives, their licensed insurance
472 agents, their insurers or insurers to which they have applied
473 for coverage, persons under contract with such insurers to
474 provide claims or underwriting information, prosecutorial
475 authorities, law enforcement agencies, the Department of
476 Transportation, county traffic operations, victim services
477 programs, radio and television stations licensed by the Federal
478 Communications Commission, newspapers qualified to publish legal
479 notices under ss. 50.011 and 50.031, and free newspapers of
480 general circulation, published once a week or more often,
481 available and of interest to the public generally for the
482 dissemination of news. For the purposes of this section, the
483 following products or publications are not newspapers as
484 referred to in this section: those intended primarily for
485 members of a particular profession or occupational group; those
486 with the primary purpose of distributing advertising; and those
487 with the primary purpose of publishing names and other personal
488 identifying information concerning parties to motor vehicle
489 crashes.
490 Section 6. Present subsection (3) of section 316.083,
491 Florida Statutes, is redesignated as subsection (4), and a new
492 subsection (3) is added to that section, to read:
493 316.083 Overtaking and passing a vehicle.—The following
494 rules shall govern the overtaking and passing of vehicles
495 proceeding in the same direction, subject to those limitations,
496 exceptions, and special rules hereinafter stated:
497 (3)(a) On a road, street, or highway having two or more
498 lanes that allow movement in the same direction, a driver may
499 not continue to operate a motor vehicle in the furthermost left
500 hand lane if the driver knows, or reasonably should know, that
501 he or she is being overtaken in that lane from the rear by a
502 motor vehicle traveling at a higher rate of speed.
503 (b) Paragraph (a) does not apply to a driver operating a
504 motor vehicle in the furthermost left-hand lane if:
505 1. The driver is in the process of overtaking a slower
506 motor vehicle in the adjacent right-hand lane for the purpose of
507 passing the slower vehicle before moving to the adjacent right
508 hand lane;
509 2. Conditions preclude the driver from moving to the
510 adjacent right-hand lane;
511 3. The driver’s movement to the adjacent right-hand lane
512 could endanger the driver or other drivers;
513 4. The driver is directed by a law enforcement officer,
514 road sign, or road crew to remain in the furthermost left-hand
515 lane;
516 5. The driver is preparing to make a left turn; or
517 6. The driver is traveling at a speed not less than 10
518 miles per hour under the posted speed limit.
519 Section 7. For the purpose of incorporating the amendment
520 made by this act to section 316.083, Florida Statutes, in a
521 reference thereto, section 316.1923, Florida Statutes, is
522 reenacted to read:
523 316.1923 Aggressive careless driving.—“Aggressive careless
524 driving” means committing two or more of the following acts
525 simultaneously or in succession:
526 (1) Exceeding the posted speed as defined in s.
527 322.27(3)(d)5.b.
528 (2) Unsafely or improperly changing lanes as defined in s.
529 316.085.
530 (3) Following another vehicle too closely as defined in s.
531 316.0895(1).
532 (4) Failing to yield the right-of-way as defined in s.
533 316.079, s. 316.0815, or s. 316.123.
534 (5) Improperly passing as defined in s. 316.083, s.
535 316.084, or s. 316.085.
536 (6) Violating traffic control and signal devices as defined
537 in ss. 316.074 and 316.075.
538 Section 8. The Department of Highway Safety and Motor
539 Vehicles shall provide information about the Florida Highway
540 Safety Act in all driver license educational materials printed
541 on or after October 1, 2013.
542 Section 9. Subsection (1) of section 316.1937, Florida
543 Statutes, is amended to read:
544 316.1937 Ignition interlock devices, requiring; unlawful
545 acts.—
546 (1) In addition to any other authorized penalties, the
547 court may require that any person who is convicted of driving
548 under the influence in violation of s. 316.193 shall not operate
549 a motor vehicle unless that vehicle is equipped with a
550 functioning ignition interlock device certified by the
551 department as provided in s. 316.1938, and installed in such a
552 manner that the vehicle will not start if the operator’s blood
553 alcohol level is in excess of 0.025 0.05 percent or as otherwise
554 specified by the court. The court may require the use of an
555 approved ignition interlock device for a period of at least not
556 less than 6 continuous months, if the person is permitted to
557 operate a motor vehicle, whether or not the privilege to operate
558 a motor vehicle is restricted, as determined by the court. The
559 court, however, shall order placement of an ignition interlock
560 device in those circumstances required by s. 316.193.
561 Section 10. Section 316.2015, Florida Statutes, is amended
562 to read:
563 316.2015 Unlawful for person to ride on exterior of
564 vehicle.—
565 (1) It is unlawful for any operator of a passenger vehicle
566 to permit any person to ride on the bumper, radiator, fender,
567 hood, top, trunk, or running board of such vehicle when operated
568 upon any street or highway which is maintained by the state,
569 county, or municipality. Any person who violates this subsection
570 shall be cited for a moving violation, punishable as provided in
571 chapter 318.
572 (2)(a) No person shall ride on any vehicle upon any portion
573 thereof not designed or intended for the use of passengers. This
574 paragraph does not apply to an employee of a fire department, an
575 employee of a governmentally operated solid waste disposal
576 department or a waste disposal service operating pursuant to a
577 contract with a governmental entity, or to a volunteer
578 firefighter when the employee or firefighter is engaged in the
579 necessary discharge of a duty, and does not apply to a person
580 who is being transported in response to an emergency by a public
581 agency or pursuant to the direction or authority of a public
582 agency. This paragraph does not apply to an employee engaged in
583 the necessary discharge of a duty or to a person or persons
584 riding within truck bodies in space intended for merchandise.
585 (b) It is unlawful for any operator of a pickup truck or
586 flatbed truck to permit a minor child who has not attained 18
587 years of age to ride upon limited access facilities of the state
588 within the open body of a pickup truck or flatbed truck unless
589 the minor is restrained within the open body in the back of a
590 truck that has been modified to include secure seating and
591 safety restraints to prevent the passenger from being thrown,
592 falling, or jumping from the truck. This paragraph does not
593 apply in a medical emergency if the child is accompanied within
594 the truck by an adult. A county is exempt from this paragraph if
595 the governing body of the county, by majority vote, following a
596 noticed public hearing, votes to exempt the county from this
597 paragraph.
598 (c) It is unlawful for any operator of a pickup truck or
599 flatbed truck to permit a minor child who has not attained 6
600 years of age to ride upon any street or highway with a posted
601 speed limit of greater than forty five miles per hour which is
602 maintained by the state, county, or municipality within the open
603 body of a pickup truck or flatbed truck unless the minor is
604 restrained within the open body in the back of a truck that has
605 been modified to include secure seating and safety restraints to
606 prevent the minor from being thrown, falling, or jumping from
607 the truck. This paragraph does not apply in a medical emergency
608 if the child is accompanied within the truck by an adult, or on
609 an unpaved road. A county is exempt from this paragraph if the
610 governing body of the county, by majority vote, following a
611 noticed public hearing, votes to exempt the county from this
612 paragraph. An operator of a pickup truck is exempt from this
613 paragraph if the pickup truck is the only vehicle owned by the
614 operator or his or her immediate family.
615 (d)(c) Any person who violates this subsection shall be
616 cited for a nonmoving violation, punishable as provided in
617 chapter 318.
618 (3) This section does shall not apply to a performer
619 engaged in a professional exhibition or person participating in
620 an exhibition or parade, or any such person preparing to
621 participate in such exhibitions or parades.
622 Section 11. Paragraph (b) of subsection (1), paragraph (a)
623 of subsection (4), and subsection (9) of section 316.302,
624 Florida Statutes, are amended to read:
625 316.302 Commercial motor vehicles; safety regulations;
626 transporters and shippers of hazardous materials; enforcement.—
627 (1)
628 (b) Except as otherwise provided in this section, all
629 owners or drivers of commercial motor vehicles that are engaged
630 in intrastate commerce are subject to the rules and regulations
631 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
632 the exception of 49 C.F.R. s. 390.5 as it relates to the
633 definition of bus, as such rules and regulations existed on
634 December 31, 2012 October 1, 2011.
635 (4)(a) Except as provided in this subsection, all
636 commercial motor vehicles transporting any hazardous material on
637 any road, street, or highway open to the public, whether engaged
638 in interstate or intrastate commerce, and any person who offers
639 hazardous materials for such transportation, are subject to the
640 regulations contained in 49 C.F.R. part 107, subparts F and
641 subpart G, and 49 C.F.R. parts 171, 172, 173, 177, 178, and 180.
642 Effective July 1, 1997, the exceptions for intrastate motor
643 carriers provided in 49 C.F.R. 173.5 and 173.8 are hereby
644 adopted.
645 (9)(a) This section is not applicable to the transporting
646 of liquefied petroleum gas. The rules and regulations applicable
647 to the transporting of liquefied petroleum gas on the highways,
648 roads, or streets of this state shall be only those adopted by
649 the Department of Agriculture and Consumer Services under
650 chapter 527. However, transporters of liquefied petroleum gas
651 must comply with the requirements of 49 C.F.R. parts 393 and
652 396.9.
653 (b) This section does not apply to any nonpublic sector
654 bus.
655 Section 12. Paragraph (b) of subsection (3) and subsection
656 (5) of section 316.3025, Florida Statutes, are amended to read:
657 316.3025 Penalties.—
658 (3)
659 (b) A civil penalty of $100 may be assessed for:
660 1. Each violation of the North American Uniform Driver Out
661 of-Service Criteria;
662 2. A violation of s. 316.302(2)(b) or (c);
663 3. A violation of 49 C.F.R. s. 392.60; or
664 4. A violation of the North American Standard Vehicle Out
665 of-Service Criteria resulting from an inspection of a commercial
666 motor vehicle involved in a crash; or
667 5. A violation of 49 C.F.R. s. 391.41.
668 (5) Whenever any person or motor carrier as defined in
669 chapter 320 violates the provisions of this section and becomes
670 indebted to the state because of such violation and refuses to
671 pay the appropriate penalty, in addition to the provisions of s.
672 316.3026, such penalty becomes a lien upon the property
673 including the motor vehicles of such person or motor carrier and
674 may be seized and foreclosed by the state in a civil action in
675 any court of this state. It shall be presumed that the owner of
676 the motor vehicle is liable for the sum, and the vehicle may be
677 detained or impounded until the penalty is paid.
678 Section 13. Subsection (3) of section 316.545, Florida
679 Statutes, is amended to read:
680 316.545 Weight and load unlawful; special fuel and motor
681 fuel tax enforcement; inspection; penalty; review.—
682 (3) Any person who violates the overloading provisions of
683 this chapter shall be conclusively presumed to have damaged the
684 highways of this state by reason of such overloading, which
685 damage is hereby fixed as follows:
686 (a) When the excess weight is 200 pounds or less than the
687 maximum herein provided, the penalty shall be $10;
688 (b) Five cents per pound for each pound of weight in excess
689 of the maximum herein provided when the excess weight exceeds
690 200 pounds. However, whenever the gross weight of the vehicle or
691 combination of vehicles does not exceed the maximum allowable
692 gross weight, the maximum fine for the first 600 pounds of
693 unlawful axle weight shall be $10;
694 (c) For a vehicle equipped with fully functional idle
695 reduction technology, any penalty shall be calculated by
696 reducing the actual gross vehicle weight or the internal bridge
697 weight by the certified weight of the idle-reduction technology
698 or by 400 pounds, whichever is less. The vehicle operator must
699 present written certification of the weight of the idle
700 reduction technology and must demonstrate or certify that the
701 idle-reduction technology is fully functional at all times. This
702 calculation is not allowed for vehicles described in s.
703 316.535(6);
704 (d) An apportionable apportioned motor vehicle, as defined
705 in s. 320.01, operating on the highways of this state without
706 being properly licensed and registered shall be subject to the
707 penalties as herein provided in this section; and
708 (e) Vehicles operating on the highways of this state from
709 nonmember International Registration Plan jurisdictions which
710 are not in compliance with the provisions of s. 316.605 shall be
711 subject to the penalties as herein provided.
712 Section 14. Subsection (1) of section 316.646, Florida
713 Statutes, is amended, and subsection (5) is added to that
714 section, to read:
715 316.646 Security required; proof of security and display
716 thereof; dismissal of cases.—
717 (1) Any person required by s. 324.022 to maintain property
718 damage liability security, required by s. 324.023 to maintain
719 liability security for bodily injury or death, or required by s.
720 627.733 to maintain personal injury protection security on a
721 motor vehicle shall have in his or her immediate possession at
722 all times while operating such motor vehicle proper proof of
723 maintenance of the required security.
724 (a) Such proof shall be in a uniform paper or electronic
725 format, as proof-of-insurance card in a form prescribed by the
726 department, a valid insurance policy, an insurance policy
727 binder, a certificate of insurance, or such other proof as may
728 be prescribed by the department.
729 (b)1. The act of presenting to a law enforcement officer an
730 electronic device displaying proof of insurance in an electronic
731 format does not constitute consent for the officer to access any
732 information on the device other than the displayed proof of
733 insurance.
734 2. The person who presents the device to the officer
735 assumes the liability for any resulting damage to the device.
736 (5) The department shall adopt rules to administer this
737 section.
738 Section 15. Section 317.0016, Florida Statutes, is amended
739 to read:
740 317.0016 Expedited service; applications; fees.—The
741 department shall provide, through its agents and for use by the
742 public, expedited service on title transfers, title issuances,
743 duplicate titles, and recordation of liens, and certificates of
744 repossession. A fee of $7 shall be charged for this service,
745 which is in addition to the fees imposed by ss. 317.0007 and
746 317.0008, and $3.50 of this fee shall be retained by the
747 processing agency. All remaining fees shall be deposited in the
748 Incidental Trust Fund of the Florida Forest Service of the
749 Department of Agriculture and Consumer Services. Application for
750 expedited service may be made by mail or in person. The
751 department shall issue each title applied for pursuant to this
752 section within 5 working days after receipt of the application
753 except for an application for a duplicate title certificate
754 covered by s. 317.0008(3), in which case the title must be
755 issued within 5 working days after compliance with the
756 department’s verification requirements.
757 Section 16. Subsections (9) and (10) of section 318.14,
758 Florida Statutes, are amended to read:
759 318.14 Noncriminal traffic infractions; exception;
760 procedures.—
761 (9) Any person who does not hold a commercial driver
762 license or commercial learner’s permit and who is cited while
763 driving a noncommercial motor vehicle for an infraction under
764 this section other than a violation of s. 316.183(2), s.
765 316.187, or s. 316.189 when the driver exceeds the posted limit
766 by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
767 (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
768 lieu of a court appearance, elect to attend in the location of
769 his or her choice within this state a basic driver improvement
770 course approved by the Department of Highway Safety and Motor
771 Vehicles. In such a case, adjudication must be withheld and
772 points, as provided by s. 322.27, may not be assessed. However,
773 a person may not make an election under this subsection if the
774 person has made an election under this subsection in the
775 preceding 12 months. A person may not make more than five
776 elections within his or her lifetime under this subsection. The
777 requirement for community service under s. 318.18(8) is not
778 waived by a plea of nolo contendere or by the withholding of
779 adjudication of guilt by a court. If a person makes an election
780 to attend a basic driver improvement course under this
781 subsection, 18 percent of the civil penalty imposed under s.
782 318.18(3) shall be deposited in the State Courts Revenue Trust
783 Fund; however, that portion is not revenue for purposes of s.
784 28.36 and may not be used in establishing the budget of the
785 clerk of the court under that section or s. 28.35.
786 (10)(a) Any person who does not hold a commercial driver
787 license or commercial learner’s permit and who is cited while
788 driving a noncommercial motor vehicle for an offense listed
789 under this subsection may, in lieu of payment of fine or court
790 appearance, elect to enter a plea of nolo contendere and provide
791 proof of compliance to the clerk of the court, designated
792 official, or authorized operator of a traffic violations bureau.
793 In such case, adjudication shall be withheld; however, a person
794 may not make an election under this subsection if the person has
795 made an election under this subsection in the preceding 12
796 months. A person may not make more than three elections under
797 this subsection. This subsection applies to the following
798 offenses:
799 1. Operating a motor vehicle without a valid driver license
800 in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
801 operating a motor vehicle with a license that has been suspended
802 for failure to appear, failure to pay civil penalty, or failure
803 to attend a driver improvement course pursuant to s. 322.291.
804 2. Operating a motor vehicle without a valid registration
805 in violation of s. 320.0605, s. 320.07, or s. 320.131.
806 3. Operating a motor vehicle in violation of s. 316.646.
807 4. Operating a motor vehicle with a license that has been
808 suspended under s. 61.13016 or s. 322.245 for failure to pay
809 child support or for failure to pay any other financial
810 obligation as provided in s. 322.245; however, this subparagraph
811 does not apply if the license has been suspended pursuant to s.
812 322.245(1).
813 5. Operating a motor vehicle with a license that has been
814 suspended under s. 322.091 for failure to meet school attendance
815 requirements.
816 (b) Any person cited for an offense listed in this
817 subsection shall present proof of compliance before the
818 scheduled court appearance date. For the purposes of this
819 subsection, proof of compliance shall consist of a valid,
820 renewed, or reinstated driver license or registration
821 certificate and proper proof of maintenance of security as
822 required by s. 316.646. Notwithstanding waiver of fine, any
823 person establishing proof of compliance shall be assessed court
824 costs of $25, except that a person charged with violation of s.
825 316.646(1)-(3) may be assessed court costs of $8. One dollar of
826 such costs shall be remitted to the Department of Revenue for
827 deposit into the Child Welfare Training Trust Fund of the
828 Department of Children and Family Services. One dollar of such
829 costs shall be distributed to the Department of Juvenile Justice
830 for deposit into the Juvenile Justice Training Trust Fund.
831 Fourteen dollars of such costs shall be distributed to the
832 municipality and $9 shall be deposited by the clerk of the court
833 into the fine and forfeiture fund established pursuant to s.
834 142.01, if the offense was committed within the municipality. If
835 the offense was committed in an unincorporated area of a county
836 or if the citation was for a violation of s. 316.646(1)-(3), the
837 entire amount shall be deposited by the clerk of the court into
838 the fine and forfeiture fund established pursuant to s. 142.01,
839 except for the moneys to be deposited into the Child Welfare
840 Training Trust Fund and the Juvenile Justice Training Trust
841 Fund. This subsection does not authorize the operation of a
842 vehicle without a valid driver license, without a valid vehicle
843 tag and registration, or without the maintenance of required
844 security.
845 Section 17. Section 318.1451, Florida Statutes, is amended
846 to read:
847 318.1451 Driver improvement schools.—
848 (1)(a) The department of Highway Safety and Motor Vehicles
849 shall approve and regulate the courses of all driver improvement
850 schools, as the courses relate to ss. 318.14(9), 322.0261, and
851 322.291, including courses that use technology as a delivery
852 method. The chief judge of the applicable judicial circuit may
853 establish requirements regarding the location of schools within
854 the judicial circuit. A person may engage in the business of
855 operating a driver improvement school that offers department
856 approved courses related to ss. 318.14(9), 322.0261, and
857 322.291.
858 (b) The Department of Highway Safety and Motor Vehicles
859 shall approve and regulate courses that use technology as the
860 delivery method of all driver improvement schools as the courses
861 relate to ss. 318.14(9) and 322.0261.
862 (2)(a) In determining whether to approve the courses
863 referenced in this section, the department shall consider course
864 content designed to promote safety, driver awareness, crash
865 avoidance techniques, and other factors or criteria to improve
866 driver performance from a safety viewpoint, including promoting
867 motorcyclist, bicyclist, and pedestrian safety and risk factors
868 resulting from driver attitude and irresponsible driver
869 behaviors, such as speeding, running red lights and stop signs,
870 and using electronic devices while driving. Initial approval of
871 the courses shall also be based on the department’s review of
872 all course materials, course presentation to the department by
873 the provider, and the provider’s plan for effective oversight of
874 the course by those who deliver the course in the state. New
875 courses shall be provisionally approved and limited to the
876 judicial circuit originally approved for pilot testing until the
877 course is fully approved by the department for statewide
878 delivery.
879 (b) In determining whether to approve courses of driver
880 improvement schools that use technology as the delivery method
881 as the courses relate to ss. 318.14(9) and 322.0261, the
882 department shall consider only those courses submitted by a
883 person, business, or entity which have approval for statewide
884 delivery.
885 (3) The department of Highway Safety and Motor Vehicles
886 shall not accept suspend accepting proof of attendance of
887 courses from persons who attend those schools that do not teach
888 an approved course. In those circumstances, a person who has
889 elected to take courses from such a school shall receive a
890 refund from the school, and the person shall have the
891 opportunity to take the course at another school.
892 (4) In addition to a regular course fee, an assessment fee
893 in the amount of $2.50 shall be collected by the school from
894 each person who elects to attend a course, as it relates to ss.
895 318.14(9), 322.0261, 322.291, and 627.06501. The course provider
896 must remit the $2.50 assessment fee to the department for
897 deposit into, which shall be remitted to the Department of
898 Highway Safety and Motor Vehicles and deposited in the Highway
899 Safety Operating Trust Fund in order to receive unique course
900 completion certificate numbers for course participants. The
901 assessment fee will be used to administer this program and to
902 fund the general operations of the department.
903 (5)(a) The department is authorized to maintain the
904 information and records necessary to administer its duties and
905 responsibilities for driver improvement courses. Course
906 providers are required to maintain all records related to the
907 conduct of their approved courses for 5 years and allow the
908 department to inspect course records as necessary. Records may
909 be maintained in an electronic format. If Where such information
910 is a public record as defined in chapter 119, it shall be made
911 available to the public upon request pursuant to s. 119.07(1).
912 (b) The department or court may prepare a traffic school
913 reference guide which lists the benefits of attending a driver
914 improvement school and contains the names of the fully approved
915 course providers with a single telephone number for each
916 provider as furnished by the provider.
917 (6) The department shall adopt rules establishing and
918 maintaining policies and procedures to implement the
919 requirements of this section. These policies and procedures may
920 include, but shall not be limited to, the following:
921 (a) Effectiveness studies.—The department shall conduct
922 effectiveness studies on each type of driver improvement course
923 pertaining to ss. 318.14(9), 322.0261, and 322.291 on a
924 recurring 5-year basis, including in the study process the
925 consequence of failed studies.
926 (b) Required updates.—The department may require that
927 courses approved under this section be updated at the
928 department’s request. Failure of a course provider to update the
929 course under this section shall result in the suspension of the
930 course approval until the course is updated and approved by the
931 department.
932 (c) Course conduct.—The department shall require that the
933 approved course providers ensure their driver improvement
934 schools are conducting the approved course fully and to the
935 required time limit and content requirements.
936 (d) Course content.—The department shall set and modify
937 course content requirements to keep current with laws and safety
938 information. Course content includes all items used in the
939 conduct of the course.
940 (e) Course duration.—The department shall set the duration
941 of all course types.
942 (f) Submission of records.—The department shall require
943 that all course providers submit course completion information
944 to the department through the department’s Driver Improvement
945 Certificate Issuance System within 5 days.
946 (g) Sanctions.—The department shall develop the criteria to
947 sanction the course approval of a course provider for any
948 violation of this section or any other law that pertains to the
949 approval and use of driver improvement courses.
950 (h) Miscellaneous requirements.—The department shall
951 require that all course providers:
952 1. Disclose all fees associated with courses offered by the
953 provider and associated driver improvement schools and not
954 charge any fees that are not disclosed during registration.
955 2. Provide proof of ownership, copyright, or written
956 permission from the course owner to use the course in this
957 state.
958 3. Ensure that any course that is offered in a classroom
959 setting, by the provider or a school authorized by the provider
960 to teach the course, is offered the course at locations that are
961 free from distractions and reasonably accessible to most
962 applicants.
963 4. Issue a certificate to persons who successfully complete
964 the course.
965 Section 18. Section 319.141, Florida Statutes, is created
966 to read:
967 319.141 Pilot rebuilt motor vehicle inspection program.—
968 (1) As used in this section, the term:
969 (a) “Facility” means a rebuilt motor vehicle inspection
970 facility authorized and operating under this section.
971 (b) “Rebuilt inspection” means an examination of a rebuilt
972 vehicle and a properly endorsed certificate of title, salvage
973 certificate of title, or manufacturer’s statement of origin and
974 an application for a rebuilt certificate of title, a rebuilder’s
975 affidavit, a photograph of the junk or salvage vehicle taken
976 before repairs began, receipts or invoices for all major
977 component parts, as defined in s. 319.30, which were changed,
978 and proof that notice of rebuilding of the vehicle has been
979 reported to the National Motor Vehicle Title Information System.
980 (2) By October 1, 2013, the department shall implement a
981 pilot program in Miami-Dade and Hillsborough Counties to
982 evaluate alternatives for rebuilt inspection services to be
983 offered by the private sector, including the feasibility of
984 using private facilities, the cost impact to consumers, and the
985 potential savings to the department.
986 (3) The department shall establish a memorandum of
987 understanding that allows private parties participating in the
988 pilot program to conduct rebuilt motor vehicle inspections and
989 specifies requirements for oversight, bonding and insurance,
990 procedures, and forms and requires the electronic transmission
991 of documents.
992 (4) Before an applicant is approved, the department shall
993 ensure that the applicant meets basic criteria designed to
994 protect the public. At a minimum, the applicant shall:
995 (a) Have and maintain a surety bond or irrevocable letter
996 of credit in the amount of $50,000 executed by the applicant.
997 (b) Have and maintain garage liability and other insurance
998 required by the department.
999 (c) Have completed criminal background checks of the
1000 owners, partners, and corporate officers and the inspectors
1001 employed by the facility.
1002 (d) Meet any additional criteria the department determines
1003 necessary to conduct proper inspections.
1004 (5) A participant in the program shall access vehicle and
1005 title information and enter inspection results through an
1006 electronic filing system authorized by the department.
1007 (6) The department shall submit a report to the President
1008 of the Senate and the Speaker of the House of Representatives
1009 providing the results of the pilot program by February 1, 2015.
1010 (7) This section shall stand repealed on July 1, 2015,
1011 unless saved from repeal through reenactment by the Legislature.
1012 Section 19. Section 319.225, Florida Statutes, is amended
1013 to read:
1014 319.225 Transfer and reassignment forms; odometer
1015 disclosure statements.—
1016 (1) Every certificate of title issued by the department
1017 must contain the following statement on its reverse side:
1018 “Federal and state law require the completion of the odometer
1019 statement set out below. Failure to complete or providing false
1020 information may result in fines, imprisonment, or both.”
1021 (2) Each certificate of title issued by the department must
1022 contain on its front reverse side a form for transfer of title
1023 by the titleholder of record, which form must contain an
1024 odometer disclosure statement in the form required by 49 C.F.R.
1025 s. 580.5.
1026 (3) Each certificate of title issued by the department must
1027 contain on its reverse side as many forms as space allows for
1028 reassignment of title by a licensed dealer as permitted by s.
1029 319.21(3), which form or forms shall contain an odometer
1030 disclosure statement in the form required by 49 C.F.R. s. 580.5.
1031 When all dealer reassignment forms provided on the back of the
1032 title certificate have been filled in, a dealer may reassign the
1033 title certificate by using a separate dealer reassignment form
1034 issued by the department in compliance with 49 C.F.R. ss. 580.4
1035 and 580.5, which form shall contain an original that two carbon
1036 copies one of which shall be submitted directly to the
1037 department by the dealer within 5 business days after the
1038 transfer and a copy that one of which shall be retained by the
1039 dealer in his or her records for 5 years. The provisions of this
1040 subsection shall also apply to vehicles not previously titled in
1041 this state and vehicles whose title certificates do not contain
1042 the forms required by this section.
1043 (4) Upon transfer or reassignment of a certificate of title
1044 to a used motor vehicle, the transferor shall complete the
1045 odometer disclosure statement provided for by this section and
1046 the transferee shall acknowledge the disclosure by signing and
1047 printing his or her name in the spaces provided. This subsection
1048 does not apply to a vehicle that has a gross vehicle rating of
1049 more than 16,000 pounds, a vehicle that is not self-propelled,
1050 or a vehicle that is 10 years old or older. A lessor who
1051 transfers title to his or her vehicle without obtaining
1052 possession of the vehicle shall make odometer disclosure as
1053 provided by 49 C.F.R. s. 580.7. Any person who fails to complete
1054 or acknowledge a disclosure statement as required by this
1055 subsection is guilty of a misdemeanor of the second degree,
1056 punishable as provided in s. 775.082 or s. 775.083. The
1057 department may not issue a certificate of title unless this
1058 subsection has been complied with.
1059 (5) The same person may not sign a disclosure statement as
1060 both the transferor and the transferee in the same transaction
1061 except as provided in subsection (6).
1062 (6)(a) If the certificate of title is physically held by a
1063 lienholder, the transferor may give a power of attorney to his
1064 or her transferee for the purpose of odometer disclosure. The
1065 power of attorney must be on a form issued or authorized by the
1066 department, which form must be in compliance with 49 C.F.R. ss.
1067 580.4 and 580.13. The department shall not require the signature
1068 of the transferor to be notarized on the form; however, in lieu
1069 of notarization, the form shall include an affidavit with the
1070 following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
1071 HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
1072 ARE TRUE. The transferee shall sign the power of attorney form,
1073 print his or her name, and return a copy of the power of
1074 attorney form to the transferor. Upon receipt of a title
1075 certificate, the transferee shall complete the space for mileage
1076 disclosure on the title certificate exactly as the mileage was
1077 disclosed by the transferor on the power of attorney form. If
1078 the transferee is a licensed motor vehicle dealer who is
1079 transferring the vehicle to a retail purchaser, the dealer shall
1080 make application on behalf of the retail purchaser as provided
1081 in s. 319.23(6) and shall submit the original power of attorney
1082 form to the department with the application for title and the
1083 transferor’s title certificate; otherwise, a dealer may reassign
1084 the title certificate by using the dealer reassignment form in
1085 the manner prescribed in subsection (3), and, at the time of
1086 physical transfer of the vehicle, the original power of attorney
1087 shall be delivered to the person designated as the transferee of
1088 the dealer on the dealer reassignment form. A copy of the
1089 executed power of attorney shall be submitted to the department
1090 with a copy of the executed dealer reassignment form within 5
1091 business days after the certificate of title and dealer
1092 reassignment form are delivered by the dealer to its transferee.
1093 (b) If the certificate of title is lost or otherwise
1094 unavailable, the transferor may give a power of attorney to his
1095 or her transferee for the purpose of odometer disclosure. The
1096 power of attorney must be on a form issued or authorized by the
1097 department, which form must be in compliance with 49 C.F.R. ss.
1098 580.4 and 580.13. The department shall not require the signature
1099 of the transferor to be notarized on the form; however, in lieu
1100 of notarization, the form shall include an affidavit with the
1101 following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
1102 HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
1103 ARE TRUE. The transferee shall sign the power of attorney form,
1104 print his or her name, and return a copy of the power of
1105 attorney form to the transferor. Upon receipt of the title
1106 certificate or a duplicate title certificate, the transferee
1107 shall complete the space for mileage disclosure on the title
1108 certificate exactly as the mileage was disclosed by the
1109 transferor on the power of attorney form. If the transferee is a
1110 licensed motor vehicle dealer who is transferring the vehicle to
1111 a retail purchaser, the dealer shall make application on behalf
1112 of the retail purchaser as provided in s. 319.23(6) and shall
1113 submit the original power of attorney form to the department
1114 with the application for title and the transferor’s title
1115 certificate or duplicate title certificate; otherwise, a dealer
1116 may reassign the title certificate by using the dealer
1117 reassignment form in the manner prescribed in subsection (3),
1118 and, at the time of physical transfer of the vehicle, the
1119 original power of attorney shall be delivered to the person
1120 designated as the transferee of the dealer on the dealer
1121 reassignment form. If the dealer sells the vehicle to an out-of
1122 state resident or an out-of-state dealer and the power of
1123 attorney form is applicable to the transaction, the dealer must
1124 photocopy the completed original of the form and mail it
1125 directly to the department within 5 business days after the
1126 certificate of title and dealer reassignment form are delivered
1127 by the dealer to its purchaser. A copy of the executed power of
1128 attorney shall be submitted to the department with a copy of the
1129 executed dealer reassignment form within 5 business days after
1130 the duplicate certificate of title and dealer reassignment form
1131 are delivered by the dealer to its transferee.
1132 (c) If the mechanics of the transfer of title to a motor
1133 vehicle in accordance with the provisions of paragraph (a) or
1134 paragraph (b) are determined to be incompatible with and
1135 unlawful under the provisions of 49 C.F.R. part 580, the
1136 transfer of title to a motor vehicle by operation of this
1137 subsection can be effected in any manner not inconsistent with
1138 49 C.F.R. part 580 and Florida law; provided, any power of
1139 attorney form issued or authorized by the department under this
1140 subsection shall contain an original that two carbon copies, one
1141 of which shall be submitted directly to the department by the
1142 dealer within 5 business days of use by the dealer to effect
1143 transfer of a title certificate as provided in paragraphs (a)
1144 and (b) and a copy that one of which shall be retained by the
1145 dealer in its records for 5 years.
1146 (d) Any person who fails to complete the information
1147 required by this subsection or to file with the department the
1148 forms required by this subsection is guilty of a misdemeanor of
1149 the second degree, punishable as provided in s. 775.082 or s.
1150 775.083. The department shall not issue a certificate of title
1151 unless this subsection has been complied with.
1152 (7) If a title is held electronically and the transferee
1153 agrees to maintain the title electronically, the transferor and
1154 transferee shall complete a secure reassignment document that
1155 discloses the odometer reading and is signed by both the
1156 transferor and transferee at the tax collector office or license
1157 plate agency. Each certificate of title issued by the department
1158 must contain on its reverse side a minimum of three four spaces
1159 for notation of the name and license number of any auction
1160 through which the vehicle is sold and the date the vehicle was
1161 auctioned. Each separate dealer reassignment form issued by the
1162 department must also have the space referred to in this section.
1163 When a transfer of title is made at a motor vehicle auction, the
1164 reassignment must note the name and address of the auction, but
1165 the auction shall not thereby be deemed to be the owner, seller,
1166 transferor, or assignor of title. A motor vehicle auction is
1167 required to execute a dealer reassignment only when it is the
1168 owner of a vehicle being sold.
1169 (8) Upon transfer or reassignment of a used motor vehicle
1170 through the services of an auction, the auction shall complete
1171 the information in the space provided for by subsection (7). Any
1172 person who fails to complete the information as required by this
1173 subsection is guilty of a misdemeanor of the second degree,
1174 punishable as provided in s. 775.082 or s. 775.083. The
1175 department shall not issue a certificate of title unless this
1176 subsection has been complied with.
1177 (9) This section shall be construed to conform to 49 C.F.R.
1178 part 580.
1179 Section 20. Subsection (9) of section 319.23, Florida
1180 Statutes, is amended to read:
1181 319.23 Application for, and issuance of, certificate of
1182 title.—
1183 (9) The title certificate or application for title must
1184 contain the applicant’s full first name, middle initial, last
1185 name, date of birth, sex, and the license plate number. An
1186 individual applicant must provide personal or business
1187 identification, which may include, but need not be limited to, a
1188 valid driver driver’s license or identification card issued by
1189 number, Florida or another state, or a valid passport. A
1190 business applicant must provide a identification card number, or
1191 federal employer identification number, if applicable,
1192 verification that the business is authorized to conduct business
1193 in the state, or a Florida city or county business license or
1194 number. In lieu of and the license plate number the individual
1195 or business applicant must provide or, in lieu thereof, an
1196 affidavit certifying that the motor vehicle to be titled will
1197 not be operated upon the public highways of this state.
1198 Section 21. Paragraph (b) of subsection (2) of section
1199 319.28, Florida Statutes, is amended to read:
1200 319.28 Transfer of ownership by operation of law.—
1201 (2)
1202 (b) In case of repossession of a motor vehicle or mobile
1203 home pursuant to the terms of a security agreement or similar
1204 instrument, an affidavit by the party to whom possession has
1205 passed stating that the vehicle or mobile home was repossessed
1206 upon default in the terms of the security agreement or other
1207 instrument shall be considered satisfactory proof of ownership
1208 and right of possession. At least 5 days prior to selling the
1209 repossessed vehicle, any subsequent lienholder named in the last
1210 issued certificate of title shall be sent notice of the
1211 repossession by certified mail, on a form prescribed by the
1212 department. If such notice is given and no written protest to
1213 the department is presented by a subsequent lienholder within 15
1214 days after from the date on which the notice was mailed, the
1215 certificate of title or the certificate of repossession shall be
1216 issued showing no liens. If the former owner or any subsequent
1217 lienholder files a written protest under oath within such 15-day
1218 period, the department shall not issue the certificate of title
1219 or certificate of repossession for 10 days thereafter. If within
1220 the 10-day period no injunction or other order of a court of
1221 competent jurisdiction has been served on the department
1222 commanding it not to deliver the certificate of title or
1223 certificate of repossession, the department shall deliver the
1224 certificate of title or repossession to the applicant or as may
1225 otherwise be directed in the application showing no other liens
1226 than those shown in the application. Any lienholder who has
1227 repossessed a vehicle in this state in compliance with the
1228 provisions of this section must apply to a tax collector’s
1229 office in this state or to the department for a certificate of
1230 repossession or to the department for a certificate of title
1231 pursuant to s. 319.323. Proof of the required notice to
1232 subsequent lienholders shall be submitted together with regular
1233 title fees. A lienholder to whom a certificate of repossession
1234 has been issued may assign the certificate of title to the
1235 subsequent owner. Any person found guilty of violating any
1236 requirements of this paragraph shall be guilty of a felony of
1237 the third degree, punishable as provided in s. 775.082, s.
1238 775.083, or s. 775.084.
1239 Section 22. Section 319.323, Florida Statutes, is amended
1240 to read:
1241 319.323 Expedited service; applications; fees.—The
1242 department shall establish a separate title office which may be
1243 used by private citizens and licensed motor vehicle dealers to
1244 receive expedited service on title transfers, title issuances,
1245 duplicate titles, and recordation of liens, and certificates of
1246 repossession. A fee of $10 shall be charged for this service,
1247 which fee is in addition to the fees imposed by s. 319.32. The
1248 fee, after deducting the amount referenced by s. 319.324 and
1249 $3.50 to be retained by the processing agency, shall be
1250 deposited into the General Revenue Fund. Application for
1251 expedited service may be made by mail or in person. The
1252 department shall issue each title applied for under this section
1253 within 5 working days after receipt of the application except
1254 for an application for a duplicate title certificate covered by
1255 s. 319.23(4), in which case the title must be issued within 5
1256 working days after compliance with the department’s verification
1257 requirements.
1258 Section 23. Subsections (24) through (46) of section
1259 320.01, Florida Statutes, are renumbered as subsections (23)
1260 through (45), respectively, and present subsections (23) and
1261 (25) of that section are amended, to read:
1262 320.01 Definitions, general.—As used in the Florida
1263 Statutes, except as otherwise provided, the term:
1264 (23) “Apportioned motor vehicle” means any motor vehicle
1265 which is required to be registered, or with respect to which an
1266 election has been made to register it, under the International
1267 Registration Plan.
1268 (24)(25) “Apportionable vehicle” means any vehicle, except
1269 recreational vehicles, vehicles displaying restricted plates,
1270 city pickup and delivery vehicles, buses used in transportation
1271 of chartered parties, and government-owned vehicles, which is
1272 used or intended for use in two or more member jurisdictions
1273 that allocate or proportionally register vehicles and which is
1274 used for the transportation of persons for hire or is designed,
1275 used, or maintained primarily for the transportation of property
1276 and:
1277 (a) Is a power unit having a gross vehicle weight in excess
1278 of 26,000 26,001 pounds;
1279 (b) Is a power unit having three or more axles, regardless
1280 of weight; or
1281 (c) Is used in combination, when the weight of such
1282 combination exceeds 26,000 26,001 pounds gross vehicle weight.
1283
1284 Vehicles, or combinations thereof, having a gross vehicle weight
1285 of 26,000 26,001 pounds or less and two-axle vehicles may be
1286 proportionally registered.
1287 Section 24. Paragraph (a) of subsection (2) of section
1288 320.02, Florida Statutes, is amended to read:
1289 320.02 Registration required; application for registration;
1290 forms.—
1291 (2)(a) The application for registration shall include the
1292 street address of the owner’s permanent residence or the address
1293 of his or her permanent place of business and shall be
1294 accompanied by personal or business identification information.
1295 An individual applicant must provide which may include, but need
1296 not be limited to, a valid driver license or number, Florida
1297 identification card issued by this state or another state or a
1298 valid passport. A business applicant must provide a number, or
1299 federal employer identification number, if applicable, or
1300 verification that the business is authorized to conduct business
1301 in the state, or a Florida city or county business license or
1302 number.
1303 1. If the owner does not have a permanent residence or
1304 permanent place of business or if the owner’s permanent
1305 residence or permanent place of business cannot be identified by
1306 a street address, the application shall include:
1307 a.1. If the vehicle is registered to a business, the name
1308 and street address of the permanent residence of an owner of the
1309 business, an officer of the corporation, or an employee who is
1310 in a supervisory position.
1311 b.2. If the vehicle is registered to an individual, the
1312 name and street address of the permanent residence of a close
1313 relative or friend who is a resident of this state.
1314 2. If the vehicle is registered to an active duty member of
1315 the Armed Forces of the United States who is a Florida resident,
1316 the active duty member is exempt from the requirement to provide
1317 the street address of a permanent residence.
1318 Section 25. Subsection (7) of section 320.03, Florida
1319 Statutes, is amended to read:
1320 320.03 Registration; duties of tax collectors;
1321 International Registration Plan.—
1322 (7) The Department of Highway Safety and Motor Vehicles
1323 shall register apportionable apportioned motor vehicles under
1324 the provisions of the International Registration Plan. The
1325 department may adopt rules to implement and enforce the
1326 provisions of the plan.
1327 Section 26. Section 320.05, Florida Statutes, is amended to
1328 read:
1329 320.05 Records of the department; inspection procedure;
1330 lists and searches; fees.—
1331 (1) Except as provided in chapter 119 and s. 320.025(3),
1332 the department may release records as provided in this section.
1333 (2) Upon receipt of an application for the registration of
1334 a motor vehicle, vessel, or mobile home, as herein provided for,
1335 the department shall register the motor vehicle, vessel, or
1336 mobile home under the distinctive number assigned to such motor
1337 vehicle, vessel, or mobile home by the department. Electronic
1338 registration records shall be open to the inspection of the
1339 public during business hours.
1340 (3) Information on a motor vehicle, or vessel, mobile home,
1341 driver license, or crash record registration may not be made
1342 available to a person unless the person requesting the
1343 information furnishes positive proof of identification. The
1344 agency that furnishes a motor vehicle or vessel registration
1345 record shall record the name and address of any person other
1346 than a representative of a law enforcement agency who requests
1347 and receives information from a motor vehicle or vessel, mobile
1348 home, driver license, or crash registration record and shall
1349 also record the name and address of the person who is the
1350 subject of the inquiry or other information identifying the
1351 entity about which information is requested. A record of each
1352 such inquiry must be maintained for a period of 6 months from
1353 the date upon which the information was released to the
1354 inquirer. Nothing in this section shall prohibit any financial
1355 institution, insurance company, motor vehicle dealer, licensee
1356 under chapter 493, attorney, or other agency which the
1357 department determines has the right to know from obtaining, for
1358 professional or business use only, information in such records
1359 from the department through any means of telecommunication
1360 pursuant to a code developed by the department providing all
1361 fees specified in subsection (3) have been paid. The department
1362 shall disclose records or information to the child support
1363 enforcement agency to assist in the location of individuals who
1364 owe or potentially owe support, as defined in s. 409.2554, or to
1365 whom such an obligation is owed pursuant to Title IV-D of the
1366 Social Security Act.
1367 (4)(3)(a) The department is authorized, upon application of
1368 any person and payment of the proper fees, to prepare and
1369 furnish lists containing motor vehicle, or vessel, mobile home,
1370 driver license, or crash record information in such form as the
1371 department may authorize, to search the records of the
1372 department and make reports thereof, and to make photographic
1373 copies of the department records and attestations thereof.
1374 (b) The department shall charge fees for services and
1375 documents therefor shall be charged and collected as follows:
1376 1. For providing lists of motor vehicle, or vessel, mobile
1377 home, driver license, or crash records for the entire state, or
1378 any part or parts thereof, divided according to counties, a sum
1379 computed at a rate of not less than 1 cent nor more than 5 cents
1380 per item.
1381 2. For providing noncertified photographic copies of motor
1382 vehicle, or vessel, mobile home, or driver license supporting
1383 documents or verification letters, $1 per page.
1384 3. For providing noncertified photographic copies of
1385 micrographic records, $1 per page.
1386 3.4. For certifying records purchased under subparagraph 2.
1387 providing certified copies of motor vehicle or vessel records,
1388 $3 per record.
1389 5. For providing noncertified computer-generated printouts
1390 of motor vehicle or vessel records, 50 cents per record.
1391 6. For providing certified computer-generated printouts of
1392 motor vehicle or vessel records, $3 per record.
1393 4.7. For providing electronic access to motor vehicle,
1394 vessel, and mobile home registration data requested by tag,
1395 vehicle identification number, title number, or decal number, 50
1396 cents per item.
1397 5.8. For providing electronic access to driver driver’s
1398 license status report by name, sex, and date of birth or by
1399 driver license number, 50 cents per item.
1400 6.9. For providing lists of licensed mobile home dealers
1401 and manufacturers and recreational vehicle dealers and
1402 manufacturers, $15 per list.
1403 7.10. For providing lists of licensed motor vehicle
1404 dealers, $25 per list.
1405 11. For each copy of a videotape record, $15 per tape.
1406 12. For each copy of the Division of Motorist Services
1407 Procedures Manual, $25.
1408 (c) Fees collected pursuant to paragraph (b) shall be
1409 deposited into the Highway Safety Operating Trust Fund.
1410 (d) The department shall furnish such information without
1411 charge to any court or governmental entity.
1412 (e) When motor vehicle, vessel, or mobile home registration
1413 data is provided by electronic access through a tax collector’s
1414 office, the applicable fee as provided in paragraph (b) must be
1415 collected and deposited pursuant to paragraph (c). However, when
1416 such registration data is obtained through an electronic system
1417 described in s. 320.03(10), s. 320.0609, or s. 320.131 and
1418 results in the issuance of a title certificate or the
1419 registration credential, such fee shall not apply.
1420 (5)(4) The department is authorized to reproduce such
1421 documents, records, and reports as required to meet the
1422 requirements of the law and the needs of the public, either by
1423 photographing, microphotographing, or reproducing on film the
1424 document, record, or report, or by using an electronic
1425 digitizing process capable of reproducing a true and correct
1426 image of the original source document. The photographs,
1427 microphotographs, or electronic digitized copy of any records
1428 made in compliance with the provisions of this section shall
1429 have the same force and effect as the originals thereof and
1430 shall be treated as originals for the purpose of their
1431 admissibility into evidence. Duly certified or authenticated
1432 reproductions of such photographs, microphotographs, or
1433 electronically digitized records shall be admitted into evidence
1434 equally with the original photographs, microphotographs, or
1435 electronically digitized records.
1436 (6)(5) The creation and maintenance of records by the
1437 Division of Motorist Services pursuant to this chapter shall not
1438 be regarded as law enforcement functions of agency
1439 recordkeeping.
1440 Section 27. Paragraph (b) of subsection (1) of section
1441 320.071, Florida Statutes, is amended to read:
1442 320.071 Advance registration renewal; procedures.—
1443 (1)
1444 (b) The owner of any apportionable apportioned motor
1445 vehicle currently registered in this state under the
1446 International Registration Plan may file an application for
1447 renewal of registration with the department any time during the
1448 3 months preceding the date of expiration of the registration
1449 period.
1450 Section 28. Subsections (1) and (3) of section 320.0715,
1451 Florida Statutes, are amended to read:
1452 320.0715 International Registration Plan; motor carrier
1453 services; permits; retention of records.—
1454 (1) All apportionable commercial motor vehicles domiciled
1455 in this state and engaged in interstate commerce shall be
1456 registered in accordance with the provisions of the
1457 International Registration Plan and shall display apportioned
1458 license plates.
1459 (3)(a) If the department is unable to immediately issue the
1460 apportioned license plate to an applicant currently registered
1461 in this state under the International Registration Plan or to a
1462 vehicle currently titled in this state, the department or its
1463 designated agent may is authorized to issue a 60-day temporary
1464 operational permit. The department or agent of the department
1465 shall charge a $3 fee and the service charge authorized by s.
1466 320.04 for each temporary operational permit it issues.
1467 (b) The department may not shall in no event issue a
1468 temporary operational permit for any apportionable commercial
1469 motor vehicle to any applicant until the applicant has shown
1470 that:
1471 1. All sales or use taxes due on the registration of the
1472 vehicle are paid; and
1473 2. Insurance requirements have been met in accordance with
1474 ss. 320.02(5) and 627.7415.
1475 (c) Issuance of a temporary operational permit provides
1476 commercial motor vehicle registration privileges in each
1477 International Registration Plan member jurisdiction designated
1478 on said permit and therefore requires payment of all applicable
1479 registration fees and taxes due for that period of registration.
1480 (d) Application for permanent registration must be made to
1481 the department within 10 days from issuance of a temporary
1482 operational permit. Failure to file an application within this
1483 10-day period may result in cancellation of the temporary
1484 operational permit.
1485 Section 29. Subsection (1) of section 320.18, Florida
1486 Statutes, is amended to read:
1487 320.18 Withholding registration.—
1488 (1) The department may withhold the registration of any
1489 motor vehicle or mobile home the owner or coowner of which has
1490 failed to register it under the provisions of law for any
1491 previous period or periods for which it appears registration
1492 should have been made in this state, until the tax for such
1493 period or periods is paid. The department may cancel any vehicle
1494 or vessel registration, driver driver’s license, identification
1495 card, or fuel-use tax decal if the owner or coowner pays for any
1496 the vehicle or vessel registration, driver driver’s license,
1497 identification card, or fuel-use tax decal; pays any
1498 administrative, delinquency, or reinstatement fee; or pays any
1499 tax liability, penalty, or interest specified in chapter 207 by
1500 a dishonored check, or if the vehicle owner or motor carrier has
1501 failed to pay a penalty for a weight or safety violation issued
1502 by the Department of Transportation or the Department of Highway
1503 Safety and Motor Vehicles. The Department of Transportation and
1504 the Department of Highway Safety and Motor Vehicles may impound
1505 any commercial motor vehicle that has a canceled license plate
1506 or fuel-use tax decal until the tax liability, penalty, and
1507 interest specified in chapter 207, the license tax, or the fuel
1508 use decal fee, and applicable administrative fees have been paid
1509 for by certified funds.
1510 Section 30. Subsection (3), paragraph (a) of subsection
1511 (4), and subsection (5) of section 320.27, Florida Statutes, are
1512 amended to read:
1513 320.27 Motor vehicle dealers.—
1514 (3) APPLICATION AND FEE.—The application for the license
1515 shall be in such form as may be prescribed by the department and
1516 shall be subject to such rules with respect thereto as may be so
1517 prescribed by it. Such application shall be verified by oath or
1518 affirmation and shall contain a full statement of the name and
1519 birth date of the person or persons applying therefor; the name
1520 of the firm or copartnership, with the names and places of
1521 residence of all members thereof, if such applicant is a firm or
1522 copartnership; the names and places of residence of the
1523 principal officers, if the applicant is a body corporate or
1524 other artificial body; the name of the state under whose laws
1525 the corporation is organized; the present and former place or
1526 places of residence of the applicant; and prior business in
1527 which the applicant has been engaged and the location thereof.
1528 Such application shall describe the exact location of the place
1529 of business and shall state whether the place of business is
1530 owned by the applicant and when acquired, or, if leased, a true
1531 copy of the lease shall be attached to the application. The
1532 applicant shall certify that the location provides an adequately
1533 equipped office and is not a residence; that the location
1534 affords sufficient unoccupied space upon and within which
1535 adequately to store all motor vehicles offered and displayed for
1536 sale; and that the location is a suitable place where the
1537 applicant can in good faith carry on such business and keep and
1538 maintain books, records, and files necessary to conduct such
1539 business, which shall be available at all reasonable hours to
1540 inspection by the department or any of its inspectors or other
1541 employees. The applicant shall certify that the business of a
1542 motor vehicle dealer is the principal business which shall be
1543 conducted at that location. The application shall contain a
1544 statement that the applicant is either franchised by a
1545 manufacturer of motor vehicles, in which case the name of each
1546 motor vehicle that the applicant is franchised to sell shall be
1547 included, or an independent (nonfranchised) motor vehicle
1548 dealer. The application shall contain other relevant information
1549 as may be required by the department, including evidence that
1550 the applicant is insured under a garage liability insurance
1551 policy or a general liability insurance policy coupled with a
1552 business automobile policy, which shall include, at a minimum,
1553 $25,000 combined single-limit liability coverage including
1554 bodily injury and property damage protection and $10,000
1555 personal injury protection. However, a salvage motor vehicle
1556 dealer as defined in subparagraph (1)(c)5. is exempt from the
1557 requirements for garage liability insurance and personal injury
1558 protection insurance on those vehicles that cannot be legally
1559 operated on roads, highways, or streets in this state. Franchise
1560 dealers must submit a garage liability insurance policy, and all
1561 other dealers must submit a garage liability insurance policy or
1562 a general liability insurance policy coupled with a business
1563 automobile policy. Such policy shall be for the license period,
1564 and evidence of a new or continued policy shall be delivered to
1565 the department at the beginning of each license period. Upon
1566 making initial application, the applicant shall pay to the
1567 department a fee of $300 in addition to any other fees now
1568 required by law. Applicants may choose to extend the licensure
1569 period for 1 additional year for a total of 2 years. An initial
1570 applicant shall pay to the department a fee of $300 for the
1571 first year and $75 for the second year, in addition to any other
1572 fees required by law. An applicant for renewal shall pay to the
1573 department $75 for a 1-year renewal or $150 for a 2-year
1574 renewal, in addition to any other fees required by law Upon
1575 making a subsequent renewal application, the applicant shall pay
1576 to the department a fee of $75 in addition to any other fees now
1577 required by law. Upon making an application for a change of
1578 location, the person shall pay a fee of $50 in addition to any
1579 other fees now required by law. The department shall, in the
1580 case of every application for initial licensure, verify whether
1581 certain facts set forth in the application are true. Each
1582 applicant, general partner in the case of a partnership, or
1583 corporate officer and director in the case of a corporate
1584 applicant, must file a set of fingerprints with the department
1585 for the purpose of determining any prior criminal record or any
1586 outstanding warrants. The department shall submit the
1587 fingerprints to the Department of Law Enforcement for state
1588 processing and forwarding to the Federal Bureau of Investigation
1589 for federal processing. The actual cost of state and federal
1590 processing shall be borne by the applicant and is in addition to
1591 the fee for licensure. The department may issue a license to an
1592 applicant pending the results of the fingerprint investigation,
1593 which license is fully revocable if the department subsequently
1594 determines that any facts set forth in the application are not
1595 true or correctly represented.
1596 (4) LICENSE CERTIFICATE.—
1597 (a) A license certificate shall be issued by the department
1598 in accordance with such application when the application is
1599 regular in form and in compliance with the provisions of this
1600 section. The license certificate may be in the form of a
1601 document or a computerized card as determined by the department.
1602 The actual cost of each original, additional, or replacement
1603 computerized card shall be borne by the licensee and is in
1604 addition to the fee for licensure. Such license, when so issued,
1605 entitles the licensee to carry on and conduct the business of a
1606 motor vehicle dealer. Each license issued to a franchise motor
1607 vehicle dealer expires annually on December 31 of the year of
1608 its expiration unless revoked or suspended prior to that date.
1609 Each license issued to an independent or wholesale dealer or
1610 auction expires annually on April 30 of the year of its
1611 expiration unless revoked or suspended prior to that date. At
1612 least Not less than 60 days before prior to the license
1613 expiration date, the department shall deliver or mail to each
1614 licensee the necessary renewal forms. Each independent dealer
1615 shall certify that the dealer (owner, partner, officer, or
1616 director of the licensee, or a full-time employee of the
1617 licensee that holds a responsible management-level position) has
1618 completed 8 hours of continuing education prior to filing the
1619 renewal forms with the department. Such certification shall be
1620 filed once every 2 years. The continuing education shall include
1621 at least 2 hours of legal or legislative issues, 1 hour of
1622 department issues, and 5 hours of relevant motor vehicle
1623 industry topics. Continuing education shall be provided by
1624 dealer schools licensed under paragraph (b) either in a
1625 classroom setting or by correspondence. Such schools shall
1626 provide certificates of completion to the department and the
1627 customer which shall be filed with the license renewal form, and
1628 such schools may charge a fee for providing continuing
1629 education. Any licensee who does not file his or her application
1630 and fees and any other requisite documents, as required by law,
1631 with the department at least 30 days prior to the license
1632 expiration date shall cease to engage in business as a motor
1633 vehicle dealer on the license expiration date. A renewal filed
1634 with the department within 45 days after the expiration date
1635 shall be accompanied by a delinquent fee of $100. Thereafter, a
1636 new application is required, accompanied by the initial license
1637 fee. A license certificate duly issued by the department may be
1638 modified by endorsement to show a change in the name of the
1639 licensee, provided, as shown by affidavit of the licensee, the
1640 majority ownership interest of the licensee has not changed or
1641 the name of the person appearing as franchisee on the sales and
1642 service agreement has not changed. Modification of a license
1643 certificate to show any name change as herein provided shall not
1644 require initial licensure or reissuance of dealer tags; however,
1645 any dealer obtaining a name change shall transact all business
1646 in and be properly identified by that name. All documents
1647 relative to licensure shall reflect the new name. In the case of
1648 a franchise dealer, the name change shall be approved by the
1649 manufacturer, distributor, or importer. A licensee applying for
1650 a name change endorsement shall pay a fee of $25 which fee shall
1651 apply to the change in the name of a main location and all
1652 additional locations licensed under the provisions of subsection
1653 (5). Each initial license application received by the department
1654 shall be accompanied by verification that, within the preceding
1655 6 months, the applicant, or one or more of his or her designated
1656 employees, has attended a training and information seminar
1657 conducted by a licensed motor vehicle dealer training school.
1658 Any applicant for a new franchised motor vehicle dealer license
1659 who has held a valid franchised motor vehicle dealer license
1660 continuously for the past 2 years and who remains in good
1661 standing with the department is exempt from the prelicensing
1662 training requirement. Such seminar shall include, but is not
1663 limited to, statutory dealer requirements, which requirements
1664 include required bookkeeping and recordkeeping procedures,
1665 requirements for the collection of sales and use taxes, and such
1666 other information that in the opinion of the department will
1667 promote good business practices. No seminar may exceed 8 hours
1668 in length.
1669 (5) SUPPLEMENTAL LICENSE.—Any person licensed under this
1670 section hereunder shall obtain a supplemental license for each
1671 permanent additional place or places of business not contiguous
1672 to the premises for which the original license is issued, on a
1673 form to be furnished by the department, and upon payment of a
1674 fee of $50 for each such additional location. Applicants may
1675 choose to extend the licensure period for 1 additional year for
1676 a total of 2 years. The applicant shall pay to the department a
1677 fee of $50 for the first year and $50 for the second year for
1678 each such additional location. Thereafter, the applicant shall
1679 pay $50 for a 1-year renewal or $100 for a 2-year renewal for
1680 each such additional location Upon making renewal applications
1681 for such supplemental licenses, such applicant shall pay $50 for
1682 each additional location. A supplemental license authorizing
1683 off-premises sales shall be issued, at no charge to the dealer,
1684 for a period not to exceed 10 consecutive calendar days. To
1685 obtain such a temporary supplemental license for off-premises
1686 sales, the applicant must be a licensed dealer; must notify the
1687 applicable local department office of the specific dates and
1688 location for which such license is requested, display a sign at
1689 the licensed location clearly identifying the dealer, and
1690 provide staff to work at the temporary location for the duration
1691 of the off-premises sale; must meet any local government
1692 permitting requirements; and must have permission of the
1693 property owner to sell at that location. In the case of an off
1694 premises sale by a motor vehicle dealer licensed under
1695 subparagraph (1)(c)1. for the sale of new motor vehicles, the
1696 applicant must also include documentation notifying the
1697 applicable licensee licensed under s. 320.61 of the intent to
1698 engage in an off-premises sale 5 working days prior to the date
1699 of the off-premises sale. The licensee shall either approve or
1700 disapprove of the off-premises sale within 2 working days after
1701 receiving notice; otherwise, it will be deemed approved. This
1702 section does not apply to a nonselling motor vehicle show or
1703 public display of new motor vehicles.
1704 Section 31. Section 320.62, Florida Statutes, is amended to
1705 read:
1706 320.62 Licenses; amount; disposition of proceeds.—The
1707 initial license for each manufacturer, distributor, or importer
1708 shall be $300 and shall be in addition to all other licenses or
1709 taxes now or hereafter levied, assessed, or required of the
1710 applicant or licensee. Applicants may choose to extend the
1711 licensure period for 1 additional year for a total of 2 years.
1712 An initial applicant shall pay to the department a fee of $300
1713 for the first year and $100 for the second year. An applicant
1714 for a renewal license shall pay $100 to the department for a 1
1715 year renewal or $200 for a 2-year renewal The annual renewal
1716 license fee shall be $100. The proceeds from all licenses under
1717 ss. 320.60-320.70 shall be paid into the State Treasury to the
1718 credit of the General Revenue Fund. All licenses shall be
1719 payable on or before October 1 of the each year and shall
1720 expire, unless sooner revoked or suspended, on the following
1721 September 30 of the year of its expiration.
1722 Section 32. Subsections (4) and (6) of section 320.77,
1723 Florida Statutes, are amended to read:
1724 320.77 License required of mobile home dealers.—
1725 (4) FEES.—Upon making initial application, the applicant
1726 shall pay to the department a fee of $300 in addition to any
1727 other fees now required by law. Applicants may choose to extend
1728 the licensure period for 1 additional year for a total of 2
1729 years. An initial applicant shall pay to the department a fee of
1730 $300 for the first year and $100 for the second year in addition
1731 to any other fees required by law. An applicant for a renewal
1732 license shall pay to the department $100 for a 1-year renewal or
1733 $200 for a 2-year renewal The fee for renewal application shall
1734 be $100. The fee for application for change of location shall be
1735 $25. Any applicant for renewal who has failed to submit his or
1736 her renewal application by October 1 of the year of its current
1737 license expiration shall pay a renewal application fee equal to
1738 the original application fee. No fee is refundable. All fees
1739 shall be deposited into the General Revenue Fund.
1740 (6) LICENSE CERTIFICATE.—A license certificate shall be
1741 issued by the department in accordance with the application when
1742 the same is regular in form and in compliance with the
1743 provisions of this section. The license certificate may be in
1744 the form of a document or a computerized card as determined by
1745 the department. The cost of each original, additional, or
1746 replacement computerized card shall be borne by the licensee and
1747 is in addition to the fee for licensure. The fees charged
1748 applicants for both the required background investigation and
1749 the computerized card as provided in this section shall be
1750 deposited into the Highway Safety Operating Trust Fund. The
1751 license, when so issued, shall entitle the licensee to carry on
1752 and conduct the business of a mobile home dealer at the location
1753 set forth in the license for a period of 1 or 2 years beginning
1754 year from October 1 preceding the date of issuance. Each initial
1755 application received by the department shall be accompanied by
1756 verification that, within the preceding 6 months, the applicant
1757 or one or more of his or her designated employees has attended a
1758 training and information seminar conducted by the department or
1759 by a public or private provider approved by the department. Such
1760 seminar shall include, but not be limited to, statutory dealer
1761 requirements, which requirements include required bookkeeping
1762 and recording procedures, requirements for the collection of
1763 sales and use taxes, and such other information that in the
1764 opinion of the department will promote good business practices.
1765 Section 33. Subsections (4) and (6) of section 320.771,
1766 Florida Statutes, are amended to read:
1767 320.771 License required of recreational vehicle dealers.—
1768 (4) FEES.—Upon making initial application, the applicant
1769 shall pay to the department a fee of $300 in addition to any
1770 other fees now required by law. Applicants may choose to extend
1771 the licensure period for 1 additional year for a total of 2
1772 years. An initial applicant shall pay to the department a fee of
1773 $300 for the first year and $100 for the second year in addition
1774 to any other fees required by law. An applicant for a renewal
1775 license shall pay to the department $100 for a 1-year renewal or
1776 $200 for a 2-year renewal The fee for renewal application shall
1777 be $100. The fee for application for change of location shall be
1778 $25. Any applicant for renewal who has failed to submit his or
1779 her renewal application by October 1 of the year of its current
1780 license expiration shall pay a renewal application fee equal to
1781 the original application fee. No fee is refundable. All fees
1782 shall be deposited into the General Revenue Fund.
1783 (6) LICENSE CERTIFICATE.—A license certificate shall be
1784 issued by the department in accordance with the application when
1785 the same is regular in form and in compliance with the
1786 provisions of this section. The license certificate may be in
1787 the form of a document or a computerized card as determined by
1788 the department. The cost of each original, additional, or
1789 replacement computerized card shall be borne by the licensee and
1790 is in addition to the fee for licensure. The fees charged
1791 applicants for both the required background investigation and
1792 the computerized card as provided in this section shall be
1793 deposited into the Highway Safety Operating Trust Fund. The
1794 license, when so issued, shall entitle the licensee to carry on
1795 and conduct the business of a recreational vehicle dealer at the
1796 location set forth in the license for a period of 1 or 2 years
1797 year from October 1 preceding the date of issuance. Each initial
1798 application received by the department shall be accompanied by
1799 verification that, within the preceding 6 months, the applicant
1800 or one or more of his or her designated employees has attended a
1801 training and information seminar conducted by the department or
1802 by a public or private provider approved by the department. Such
1803 seminar shall include, but not be limited to, statutory dealer
1804 requirements, which requirements include required bookkeeping
1805 and recording procedures, requirements for the collection of
1806 sales and use taxes, and such other information that in the
1807 opinion of the department will promote good business practices.
1808 Section 34. Subsections (3) and (6) of section 320.8225,
1809 Florida Statutes, are amended to read:
1810 320.8225 Mobile home and recreational vehicle manufacturer,
1811 distributor, and importer license.—
1812 (3) FEES.—Upon submitting an initial application, the
1813 applicant shall pay to the department a fee of $300. Applicants
1814 may choose to extend the licensure period for 1 additional year
1815 for a total of 2 years. An initial applicant shall pay to the
1816 department a fee of $300 for the first year and $100 for the
1817 second year. An applicant for a renewal license shall pay to the
1818 department $100 for a 1-year renewal or $200 for a 2-year
1819 renewal Upon submitting a renewal application, the applicant
1820 shall pay to the department a fee of $100. Any applicant for
1821 renewal who fails to submit his or her renewal application by
1822 October 1 of the year of its current license expiration shall
1823 pay a renewal application fee equal to the original application
1824 fee. No fee is refundable. All fees must be deposited into the
1825 General Revenue Fund.
1826 (6) LICENSE PERIOD YEAR.—A license issued to a mobile home
1827 manufacturer or a recreational vehicle manufacturer,
1828 distributor, or importer entitles the licensee to conduct
1829 business for a period of 1 or 2 years beginning year from
1830 October 1 preceding the date of issuance.
1831 Section 35. Section 322.095, Florida Statutes, is amended
1832 to read:
1833 322.095 Traffic law and substance abuse education program
1834 for driver driver’s license applicants.—
1835 (1) Each applicant for a driver license must complete a
1836 traffic law and substance abuse education course, unless the
1837 applicant has been licensed in another jurisdiction or has
1838 satisfactorily completed a Department of Education driver
1839 education course offered pursuant to s. 1003.48.
1840 (2)(1) The Department of Highway Safety and Motor Vehicles
1841 must approve traffic law and substance abuse education courses,
1842 including courses that use communications technology as the
1843 delivery method.
1844 (a) In addition to the course approval criteria provided in
1845 this section, initial approval of traffic law and substance
1846 abuse education courses shall be based on the department’s
1847 review of all course materials which must be designed to promote
1848 safety, education, and driver awareness; course presentation to
1849 the department by the provider; and the provider’s plan for
1850 effective oversight of the course by those who deliver the
1851 course in the state.
1852 (b) Each course provider seeking approval of a traffic law
1853 and substance abuse education course must submit:
1854 1. Proof of ownership, copyright, or written permission
1855 from the course owner to use the course in the state that must
1856 be completed by applicants for a Florida driver’s license.
1857 2. The curriculum curricula for the courses which must
1858 promote motorcyclist, bicyclist, and pedestrian safety and
1859 provide instruction on the physiological and psychological
1860 consequences of the abuse of alcohol and other drugs;, the
1861 societal and economic costs of alcohol and drug abuse;, the
1862 effects of alcohol and drug abuse on the driver of a motor
1863 vehicle;, and the laws of this state relating to the operation
1864 of a motor vehicle; the risk factors involved in driver attitude
1865 and irresponsible driver behaviors, such as speeding, reckless
1866 driving, and running red lights and stop signs; and the results
1867 of the use of electronic devices while driving. All instructors
1868 teaching the courses shall be certified by the department.
1869 (3)(2) The department shall contract for an independent
1870 evaluation of the courses. Local DUI programs authorized under
1871 s. 316.193(5) and certified by the department or a driver
1872 improvement school may offer a traffic law and substance abuse
1873 education course. However, Prior to offering the course, the
1874 course provider must obtain certification from the department
1875 that the course complies with the requirements of this section.
1876 If the course is offered in a classroom setting, the course
1877 provider and any schools authorized by the provider to teach the
1878 course must offer the approved course at locations that are free
1879 from distractions and reasonably accessible to most applicants
1880 and must issue a certificate to those persons successfully
1881 completing the course.
1882 (3) The completion of a course does not qualify a person
1883 for the reinstatement of a driver’s license which has been
1884 suspended or revoked.
1885 (4) The fee charged by the course provider must bear a
1886 reasonable relationship to the cost of the course. The
1887 department must conduct financial audits of course providers
1888 conducting the education courses required under this section or
1889 require that financial audits of providers be performed, at the
1890 expense of the provider, by a certified public accountant.
1891 (5) The provisions of this section do not apply to any
1892 person who has been licensed in any other jurisdiction or who
1893 has satisfactorily completed a Department of Education driver’s
1894 education course offered pursuant to s. 1003.48.
1895 (4)(6) In addition to a regular course fee, an assessment
1896 fee in the amount of $3 shall be collected by the school from
1897 each person who attends a course. The course provider must remit
1898 the $3 assessment fee to the department for deposit into the
1899 Highway Safety Operating Trust Fund in order to receive a unique
1900 course completion certificate number for the student. Each
1901 course provider must collect a $3 assessment fee in addition to
1902 the enrollment fee charged to participants of the traffic law
1903 and substance abuse course required under this section. The $3
1904 assessment fee collected by the course provider must be
1905 forwarded to the department within 30 days after receipt of the
1906 assessment.
1907 (5)(7) The department may is authorized to maintain the
1908 information and records necessary to administer its duties and
1909 responsibilities for the program. Course providers are required
1910 to maintain all records pertinent to the conduct of their
1911 approved courses for 5 years and allow the department to inspect
1912 such records as necessary. Records may be maintained in an
1913 electronic format. If Where such information is a public record
1914 as defined in chapter 119, it shall be made available to the
1915 public upon request pursuant to s. 119.07(1). The department
1916 shall approve and regulate courses that use technology as the
1917 delivery method of all traffic law and substance abuse education
1918 courses as the courses relate to this section.
1919 (6) The department shall design, develop, implement, and
1920 conduct effectiveness studies on each delivery method of all
1921 courses approved pursuant to this section on a recurring 3-year
1922 basis. At a minimum, studies shall be conducted on the
1923 effectiveness of each course in reducing DUI citations and
1924 decreasing moving traffic violations or collision recidivism.
1925 Upon notification that a course has failed an effectiveness
1926 study, the course provider shall immediately cease offering the
1927 course in the state.
1928 (7) Courses approved under this section must be updated at
1929 the department’s request. Failure of a course provider to update
1930 the course within 90 days after the department’s request shall
1931 result in the suspension of the course approval until such time
1932 that the updates are submitted and approved by the department.
1933 (8) Each course provider shall ensure that its driver
1934 improvement schools are conducting the approved courses fully,
1935 to the required time limits, and with the content requirements
1936 specified by the department. The course provider shall ensure
1937 that only department-approved instructional materials are used
1938 in the presentation of the course, and that all driver
1939 improvement schools conducting the course do so in a manner that
1940 maximizes its impact and effectiveness. The course provider
1941 shall ensure that any student who is unable to attend or
1942 complete a course due to action, error, or omission on the part
1943 of the course provider or driver improvement school conducting
1944 the course shall be accommodated to permit completion of the
1945 course at no additional cost.
1946 (9) Traffic law and substance abuse education courses shall
1947 be conducted with a minimum of 4 hours devoted to course content
1948 minus a maximum of 30 minutes allotted for breaks.
1949 (10) A course provider may not require any student to
1950 purchase a course completion certificate. Course providers
1951 offering paper or electronic certificates for purchase must
1952 clearly convey to the student that this purchase is optional,
1953 that the only valid course completion certificate is the
1954 electronic one that is entered into the department’s Driver
1955 Improvement Certificate Issuance System, and that paper
1956 certificates are not acceptable for any licensing purpose.
1957 (11) Course providers and all associated driver improvement
1958 schools that offer approved courses shall disclose all fees
1959 associated with the course and shall not charge any fees that
1960 are not clearly listed during the registration process.
1961 (12) Course providers shall submit course completion
1962 information to the department through the department’s Driver
1963 Improvement Certificate Issuance System within 5 days. The
1964 submission shall be free of charge to the student.
1965 (13) The department may deny, suspend, or revoke course
1966 approval upon proof that the course provider:
1967 (a) Violated this section.
1968 (b) Has been convicted of a crime involving any drug
1969 related or DUI-related offense, a felony, fraud, or a crime
1970 directly related to the personal safety of a student.
1971 (c) Failed to satisfy the effectiveness criteria as
1972 outlined in subsection (6).
1973 (d) Obtained course approval by fraud or misrepresentation.
1974 (e) Obtained or assisted a person in obtaining any driver
1975 license by fraud or misrepresentation.
1976 (f) Conducted a traffic law and substance abuse education
1977 course in the state while approval of such course was under
1978 suspension or revocation.
1979 (g) Failed to provide effective oversight of those who
1980 deliver the course in the state.
1981 (14) The department shall not accept certificates from
1982 students who take a course after the course has been suspended
1983 or revoked.
1984 (15) A person who has been convicted of a crime involving
1985 any drug-related or DUI-related offense in the past 5 years, a
1986 felony, fraud, or a crime directly related to the personal
1987 safety of a student shall not be allowed to conduct traffic law
1988 and substance abuse education courses.
1989 (16) The department shall summarily suspend approval of any
1990 course without preliminary hearing for the purpose of protecting
1991 the public safety and enforcing any provision of law governing
1992 traffic law and substance abuse education courses.
1993 (17) Except as otherwise provided in this section, before
1994 final department action denying, suspending, or revoking
1995 approval of a course, the course provider shall have the
1996 opportunity to request either a formal or informal
1997 administrative hearing to show cause why the action should not
1998 be taken.
1999 (18) The department may levy and collect a civil fine of at
2000 least $1,000 but not more than $5,000 for each violation of this
2001 section. Proceeds from fines collected shall be deposited into
2002 the Highway Safety Operating Trust Fund and used to cover the
2003 cost of administering this section or promoting highway safety
2004 initiatives.
2005 Section 36. Subsection (1) of section 322.125, Florida
2006 Statutes, is amended to read:
2007 322.125 Medical Advisory Board.—
2008 (1) There shall be a Medical Advisory Board composed of not
2009 fewer than 12 or more than 25 members, at least one of whom must
2010 be 60 years of age or older and all but one of whose medical and
2011 other specialties must relate to driving abilities, which number
2012 must include a doctor of medicine who is employed by the
2013 Department of Highway Safety and Motor Vehicles in Tallahassee,
2014 who shall serve as administrative officer for the board. The
2015 executive director of the Department of Highway Safety and Motor
2016 Vehicles shall recommend persons to serve as board members.
2017 Every member but two must be a doctor of medicine licensed to
2018 practice medicine in this or any other state and must be a
2019 member in good standing of the Florida Medical Association or
2020 the Florida Osteopathic Association. One member must be an
2021 optometrist licensed to practice optometry in this state and
2022 must be a member in good standing of the Florida Optometric
2023 Association. One member must be a chiropractic physician
2024 licensed to practice chiropractic medicine in this state.
2025 Members shall be approved by the Cabinet and shall serve 4-year
2026 staggered terms. The board membership must, to the maximum
2027 extent possible, consist of equal representation of the
2028 disciplines of the medical community treating the mental or
2029 physical disabilities that could affect the safe operation of
2030 motor vehicles.
2031 Section 37. Subsection (4) of section 322.135, Florida
2032 Statutes, is amended to read:
2033 322.135 Driver Driver’s license agents.—
2034 (4) A tax collector may not issue or renew a driver
2035 driver’s license if he or she has any reason to believe that the
2036 licensee or prospective licensee is physically or mentally
2037 unqualified to operate a motor vehicle. The tax collector may
2038 direct any such licensee to the department for examination or
2039 reexamination under s. 322.221.
2040 Section 38. Section 322.143, Florida Statutes, is created
2041 to read:
2042 322.143 Use of a driver license or identification card.—
2043 (1) As used in this section, the term:
2044 (a) “Personal information” means an individual’s name,
2045 address, date of birth, driver license number, or identification
2046 card number.
2047 (b) “Private entity” means any nongovernmental entity, such
2048 as a corporation, partnership, company or nonprofit
2049 organization, any other legal entity, or any natural person.
2050 (c) “Swipe” means the act of passing a driver license or
2051 identification card through a device that is capable of
2052 deciphering, in an electronically readable format, the
2053 information electronically encoded in a magnetic strip or bar
2054 code on the driver license or identification card.
2055 (2) Except as provided in subsection (6), a private entity
2056 may not swipe an individual’s driver license or identification
2057 card, except for the following purposes:
2058 (a) To verify the authenticity of a driver license or
2059 identification card or to verify the identity of the individual
2060 if the individual pays for a good or service with a method other
2061 than cash, returns an item, or requests a refund.
2062 (b) To verify the individual’s age when providing an age
2063 restricted good or service to a person about whom there is any
2064 reasonable doubt of the person’s having reached 21 years of age.
2065 (c) To prevent fraud or other criminal activity if an
2066 individual returns an item or requests a refund and the private
2067 entity uses a fraud prevention service company or system.
2068 (d) To transmit information to a check services company for
2069 the purpose of approving negotiable instruments, electronic
2070 funds transfers, or similar methods of payment.
2071 (3) A private entity that swipes an individual’s driver
2072 license or identification card under paragraph (2)(a) or
2073 paragraph (2)(b) may not store, sell, or share personal
2074 information collected from swiping the driver license or
2075 identification card.
2076 (4) A private entity that swipes an individual’s driver
2077 license or identification card under paragraph (2)(c) or
2078 paragraph (2)(d) may store or share personal information
2079 collected from swiping an individual’s driver license or
2080 identification card for the purpose of preventing fraud or other
2081 criminal activity against the private entity.
2082 (5)(a) A person other than an entity regulated by the
2083 federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., who
2084 receives personal information from a private entity under
2085 subsection (4) may use the personal information received only to
2086 prevent fraud or other criminal activity against the private
2087 entity that provided the personal information.
2088 (b) A person who is regulated by the federal Fair Credit
2089 Reporting Act and who receives personal information from a
2090 private entity under subsection (4) may use or provide the
2091 personal information received only to effect, administer, or
2092 enforce a transaction or prevent fraud or other criminal
2093 activity, if the person provides or receives personal
2094 information under contract from the private entity.
2095 (6)(a) An individual may consent to allow the private
2096 entity to swipe the individual’s driver license or
2097 identification card to collect and store personal information.
2098 However, the individual must be informed what information is
2099 collected and the purpose or purposes for which it will be used.
2100 (b) If the individual does not want the private entity to
2101 swipe the individual’s driver license or identification card,
2102 the private entity may manually collect personal information
2103 from the individual.
2104 (7) The private entity may not withhold the provision of
2105 goods or services solely as a result of the individual
2106 requesting the collection of the data in subsection (6) from the
2107 individual through manual means.
2108 (8) In addition to any other remedy provided by law, an
2109 individual may bring an action to recover actual damages and to
2110 obtain equitable relief, if equitable relief is available,
2111 against an entity that swipes, stores, shares, sells, or
2112 otherwise uses the individuals personal information in violation
2113 of this section. If a court finds that a violation of this
2114 section was willful or knowing, the court may increase the
2115 amount of the award to no more than three times the amount
2116 otherwise available.
2117 Section 39. Paragraph (a) of subsection (5) of section
2118 322.18, Florida Statutes, is amended to read:
2119 322.18 Original applications, licenses, and renewals;
2120 expiration of licenses; delinquent licenses.—
2121 (5) All renewal driver driver’s licenses may be issued
2122 after the applicant licensee has been determined to be eligible
2123 by the department.
2124 (a) A licensee who is otherwise eligible for renewal and
2125 who is at least 80 years of age:
2126 1. Must submit to and pass a vision test administered at
2127 any driver driver’s license office; or
2128 2. If the licensee applies for a renewal using a
2129 convenience service as provided in subsection (8), he or she
2130 must submit to a vision test administered by a doctor of
2131 medicine or a doctor of osteopathy licensed to practice medicine
2132 in any state or an optometrist licensed to practice optometry in
2133 any state physician licensed under chapter 458 or chapter 459,
2134 an optometrist licensed under chapter 463, or a licensed
2135 physician at a federally established veterans’ hospital; must
2136 send the results of that test to the department on a form
2137 obtained from the department and signed by such health care
2138 practitioner; and must meet vision standards that are equivalent
2139 to the standards for passing the departmental vision test. The
2140 physician or optometrist may submit the results of a vision test
2141 by a department-approved electronic means.
2142 Section 40. Subsection (1) of section 322.21, Florida
2143 Statutes, is amended to read:
2144 322.21 License fees; procedure for handling and collecting
2145 fees.—
2146 (1) Except as otherwise provided herein, the fee for:
2147 (a) An original or renewal commercial driver driver’s
2148 license is $75, which shall include the fee for driver education
2149 provided by s. 1003.48. However, if an applicant has completed
2150 training and is applying for employment or is currently employed
2151 in a public or nonpublic school system that requires the
2152 commercial license, the fee is the same as for a Class E driver
2153 driver’s license. A delinquent fee of $15 shall be added for a
2154 renewal within 12 months after the license expiration date.
2155 (b) An original Class E driver driver’s license is $48,
2156 which includes the fee for driver driver’s education provided by
2157 s. 1003.48. However, if an applicant has completed training and
2158 is applying for employment or is currently employed in a public
2159 or nonpublic school system that requires a commercial driver
2160 license, the fee is the same as for a Class E license.
2161 (c) The renewal or extension of a Class E driver driver’s
2162 license or of a license restricted to motorcycle use only is
2163 $48, except that a delinquent fee of $15 shall be added for a
2164 renewal or extension made within 12 months after the license
2165 expiration date. The fee provided in this paragraph includes the
2166 fee for driver driver’s education provided by s. 1003.48.
2167 (d) An original driver driver’s license restricted to
2168 motorcycle use only is $48, which includes the fee for driver
2169 driver’s education provided by s. 1003.48.
2170 (e) A replacement driver driver’s license issued pursuant
2171 to s. 322.17 is $25. Of this amount $7 shall be deposited into
2172 the Highway Safety Operating Trust Fund and $18 shall be
2173 deposited into the General Revenue Fund. Beginning July 1, 2015,
2174 or upon completion of the transition of driver driver’s license
2175 issuance services, if the replacement driver driver’s license is
2176 issued by the tax collector, the tax collector shall retain the
2177 $7 that would otherwise be deposited into the Highway Safety
2178 Operating Trust Fund and the remaining revenues shall be
2179 deposited into the General Revenue Fund.
2180 (f) An original, renewal, or replacement identification
2181 card issued pursuant to s. 322.051 is $25. Funds collected from
2182 these fees shall be distributed as follows:
2183 1. For an original identification card issued pursuant to
2184 s. 322.051 the fee is $25. This amount shall be deposited into
2185 the General Revenue Fund.
2186 2. For a renewal identification card issued pursuant to s.
2187 322.051 the fee is $25. Of this amount, $6 shall be deposited
2188 into the Highway Safety Operating Trust Fund and $19 shall be
2189 deposited into the General Revenue Fund.
2190 3. For a replacement identification card issued pursuant to
2191 s. 322.051 the fee is $25. Of this amount, $9 shall be deposited
2192 into the Highway Safety Operating Trust Fund and $16 shall be
2193 deposited into the General Revenue Fund. Beginning July 1, 2015,
2194 or upon completion of the transition of the driver driver’s
2195 license issuance services, if the replacement identification
2196 card is issued by the tax collector, the tax collector shall
2197 retain the $9 that would otherwise be deposited into the Highway
2198 Safety Operating Trust Fund and the remaining revenues shall be
2199 deposited into the General Revenue Fund.
2200 (g) Each endorsement required by s. 322.57 is $7.
2201 (h) A hazardous-materials endorsement, as required by s.
2202 322.57(1)(d), shall be set by the department by rule and must
2203 reflect the cost of the required criminal history check,
2204 including the cost of the state and federal fingerprint check,
2205 and the cost to the department of providing and issuing the
2206 license. The fee shall not exceed $100. This fee shall be
2207 deposited in the Highway Safety Operating Trust Fund. The
2208 department may adopt rules to administer this section.
2209 (i) The specialty driver license or identification card
2210 issued pursuant to s. 322.1415 is $25, which is in addition to
2211 other fees required in this section. The fee shall be
2212 distributed as follows:
2213 1. Fifty percent shall be distributed as provided in s.
2214 320.08058 to the appropriate state or independent university,
2215 professional sports team, or branch of the United States Armed
2216 Forces.
2217 2. Fifty percent shall be distributed to the department for
2218 costs directly related to the specialty driver license and
2219 identification card program and to defray the costs associated
2220 with production enhancements and distribution.
2221 Section 41. Subsection (7) of section 322.212, Florida
2222 Statutes, is amended to read:
2223 322.212 Unauthorized possession of, and other unlawful acts
2224 in relation to, driver driver’s license or identification card.—
2225 (7) In addition to any other penalties provided by this
2226 section, any person who provides false information when applying
2227 for a commercial driver driver’s license or commercial learner’s
2228 permit or is convicted of fraud in connection with testing for a
2229 commercial driver license or commercial learner’s permit shall
2230 be disqualified from operating a commercial motor vehicle for a
2231 period of 1 year 60 days.
2232 Section 42. Subsection (1) of section 322.22, Florida
2233 Statutes, is amended to read:
2234 322.22 Authority of department to cancel or refuse to issue
2235 or renew license.—
2236 (1) The department may is authorized to cancel or withhold
2237 issuance or renewal of any driver driver’s license, upon
2238 determining that the licensee was not entitled to the issuance
2239 thereof, or that the licensee failed to give the required or
2240 correct information in his or her application or committed any
2241 fraud in making such application, or that the licensee has two
2242 or more licenses on file with the department, each in a
2243 different name but bearing the photograph of the licensee,
2244 unless the licensee has complied with the requirements of this
2245 chapter in obtaining the licenses. The department may cancel or
2246 withhold issuance or renewal of any driver driver’s license,
2247 identification card, vehicle or vessel registration, or fuel-use
2248 decal if the licensee fails to pay the correct fee or pays for
2249 any driver the driver’s license, identification card, vehicle or
2250 vessel registration, or fuel-use decal; pays any tax liability,
2251 penalty, or interest specified in chapter 207; or pays any
2252 administrative, delinquency, or reinstatement fee by a
2253 dishonored check.
2254 Section 43. Subsection (3) of section 322.245, Florida
2255 Statutes, is amended to read:
2256 322.245 Suspension of license upon failure of person
2257 charged with specified offense under chapter 316, chapter 320,
2258 or this chapter to comply with directives ordered by traffic
2259 court or upon failure to pay child support in non-IV-D cases as
2260 provided in chapter 61 or failure to pay any financial
2261 obligation in any other criminal case.—
2262 (3) If the person fails to comply with the directives of
2263 the court within the 30-day period, or, in non-IV-D cases, fails
2264 to comply with the requirements of s. 61.13016 within the period
2265 specified in that statute, the depository or the clerk of the
2266 court shall electronically notify the department of such failure
2267 within 10 days. Upon electronic receipt of the notice, the
2268 department shall immediately issue an order suspending the
2269 person’s driver driver’s license and privilege to drive
2270 effective 20 days after the date the order of suspension is
2271 mailed in accordance with s. 322.251(1), (2), and (6).
2272 Section 44. Subsection (7) of section 322.25, Florida
2273 Statutes, is amended to read:
2274 322.25 When court to forward license to department and
2275 report convictions; temporary reinstatement of driving
2276 privileges.—
2277 (7) Any licensed driver convicted of driving, or being in
2278 the actual physical control of, a vehicle within this state
2279 while under the influence of alcoholic beverages, any chemical
2280 substance set forth in s. 877.111, or any substance controlled
2281 under chapter 893, when affected to the extent that his or her
2282 normal faculties are impaired, and whose license and driving
2283 privilege have been revoked as provided in subsection (1) may be
2284 issued a court order for reinstatement of a driving privilege on
2285 a temporary basis; provided that, as a part of the penalty, upon
2286 conviction, the defendant is required to enroll in and complete
2287 a driver improvement course for the rehabilitation of drinking
2288 drivers and the driver is otherwise eligible for reinstatement
2289 of the driving privilege as provided by s. 322.282. The court
2290 order for reinstatement shall be on a form provided by the
2291 department and must be taken by the person convicted to a
2292 Florida driver’s license examining office, where a temporary
2293 driving permit may be issued. The period of time for which a
2294 temporary permit issued in accordance with this subsection is
2295 valid shall be deemed to be part of the period of revocation
2296 imposed by the court.
2297 Section 45. Section 322.2615, Florida Statutes, is amended
2298 to read:
2299 322.2615 Suspension of license; right to review.—
2300 (1)(a) A law enforcement officer or correctional officer
2301 shall, on behalf of the department, suspend the driving
2302 privilege of a person who is driving or in actual physical
2303 control of a motor vehicle and who has an unlawful blood-alcohol
2304 level or breath-alcohol level of 0.08 or higher, or of a person
2305 who has refused to submit to a urine test or a test of his or
2306 her breath-alcohol or blood-alcohol level. The officer shall
2307 take the person’s driver driver’s license and issue the person a
2308 10-day temporary permit if the person is otherwise eligible for
2309 the driving privilege and shall issue the person a notice of
2310 suspension. If a blood test has been administered, the officer
2311 or the agency employing the officer shall transmit such results
2312 to the department within 5 days after receipt of the results. If
2313 the department then determines that the person had a blood
2314 alcohol level or breath-alcohol level of 0.08 or higher, the
2315 department shall suspend the person’s driver driver’s license
2316 pursuant to subsection (3).
2317 (b) The suspension under paragraph (a) shall be pursuant
2318 to, and the notice of suspension shall inform the driver of, the
2319 following:
2320 1.a. The driver refused to submit to a lawful breath,
2321 blood, or urine test and his or her driving privilege is
2322 suspended for a period of 1 year for a first refusal or for a
2323 period of 18 months if his or her driving privilege has been
2324 previously suspended as a result of a refusal to submit to such
2325 a test; or
2326 b. The driver was driving or in actual physical control of
2327 a motor vehicle and had an unlawful blood-alcohol level or
2328 breath-alcohol level of 0.08 or higher and his or her driving
2329 privilege is suspended for a period of 6 months for a first
2330 offense or for a period of 1 year if his or her driving
2331 privilege has been previously suspended under this section.
2332 2. The suspension period shall commence on the date of
2333 issuance of the notice of suspension.
2334 3. The driver may request a formal or informal review of
2335 the suspension by the department within 10 days after the date
2336 of issuance of the notice of suspension or may request a
2337 restricted license pursuant to s. 322.271(7), if eligible.
2338 4. The temporary permit issued at the time of suspension
2339 expires at midnight of the 10th day following the date of
2340 issuance of the notice of suspension.
2341 5. The driver may submit to the department any materials
2342 relevant to the suspension.
2343 (2)(a) Except as provided in paragraph (1)(a), the law
2344 enforcement officer shall forward to the department, within 5
2345 days after issuing the notice of suspension, the driver driver’s
2346 license; an affidavit stating the officer’s grounds for belief
2347 that the person was driving or in actual physical control of a
2348 motor vehicle while under the influence of alcoholic beverages
2349 or chemical or controlled substances; the results of any breath
2350 or blood test or an affidavit stating that a breath, blood, or
2351 urine test was requested by a law enforcement officer or
2352 correctional officer and that the person refused to submit; the
2353 officer’s description of the person’s field sobriety test, if
2354 any; and the notice of suspension. The failure of the officer to
2355 submit materials within the 5-day period specified in this
2356 subsection and in subsection (1) does not affect the
2357 department’s ability to consider any evidence submitted at or
2358 prior to the hearing.
2359 (b) The officer may also submit a copy of the crash report
2360 and a copy of a video recording videotape of the field sobriety
2361 test or the attempt to administer such test. Materials submitted
2362 to the department by a law enforcement agency or correctional
2363 agency shall be considered self-authenticating and shall be in
2364 the record for consideration by the hearing officer.
2365 Notwithstanding s. 316.066(5), the crash report shall be
2366 considered by the hearing officer.
2367 (3) If the department determines that the license should be
2368 suspended pursuant to this section and if the notice of
2369 suspension has not already been served upon the person by a law
2370 enforcement officer or correctional officer as provided in
2371 subsection (1), the department shall issue a notice of
2372 suspension and, unless the notice is mailed pursuant to s.
2373 322.251, a temporary permit that expires 10 days after the date
2374 of issuance if the driver is otherwise eligible.
2375 (4) If the person whose license was suspended requests an
2376 informal review pursuant to subparagraph (1)(b)3., the
2377 department shall conduct the informal review by a hearing
2378 officer designated employed by the department. Such informal
2379 review hearing shall consist solely of an examination by the
2380 department of the materials submitted by a law enforcement
2381 officer or correctional officer and by the person whose license
2382 was suspended, and the presence of an officer or witness is not
2383 required.
2384 (5) After completion of the informal review, notice of the
2385 department’s decision sustaining, amending, or invalidating the
2386 suspension of the driver driver’s license of the person whose
2387 license was suspended must be provided to such person. Such
2388 notice must be mailed to the person at the last known address
2389 shown on the department’s records, or to the address provided in
2390 the law enforcement officer’s report if such address differs
2391 from the address of record, within 21 days after the expiration
2392 of the temporary permit issued pursuant to subsection (1) or
2393 subsection (3).
2394 (6)(a) If the person whose license was suspended requests a
2395 formal review, the department must schedule a hearing to be held
2396 within 30 days after such request is received by the department
2397 and must notify the person of the date, time, and place of the
2398 hearing.
2399 (b) Such formal review hearing shall be held before a
2400 hearing officer designated employed by the department, and the
2401 hearing officer shall be authorized to administer oaths, examine
2402 witnesses and take testimony, receive relevant evidence, issue
2403 subpoenas for the officers and witnesses identified in documents
2404 provided under paragraph (2)(a) in subsection (2), regulate the
2405 course and conduct of the hearing, question witnesses, and make
2406 a ruling on the suspension. The hearing officer may conduct
2407 hearings using communications technology. The party requesting
2408 the presence of a witness shall be responsible for the payment
2409 of any witness fees and for notifying in writing the state
2410 attorney’s office in the appropriate circuit of the issuance of
2411 the subpoena. If the person who requests a formal review hearing
2412 fails to appear and the hearing officer finds such failure to be
2413 without just cause, the right to a formal hearing is waived and
2414 the suspension shall be sustained.
2415 (c) The failure of a subpoenaed witness to appear at the
2416 formal review hearing is not grounds to invalidate the
2417 suspension. If a witness fails to appear, a party may seek
2418 enforcement of a subpoena under paragraph (b) by filing a
2419 petition for enforcement in the circuit court of the judicial
2420 circuit in which the person failing to comply with the subpoena
2421 resides or by filing a motion for enforcement in any criminal
2422 court case resulting from the driving or actual physical control
2423 of a motor vehicle that gave rise to the suspension under this
2424 section. A failure to comply with an order of the court shall
2425 result in a finding of contempt of court. However, a person is
2426 not in contempt while a subpoena is being challenged.
2427 (d) The department must, within 7 working days after a
2428 formal review hearing, send notice to the person of the hearing
2429 officer’s decision as to whether sufficient cause exists to
2430 sustain, amend, or invalidate the suspension.
2431 (7) In a formal review hearing under subsection (6) or an
2432 informal review hearing under subsection (4), the hearing
2433 officer shall determine by a preponderance of the evidence
2434 whether sufficient cause exists to sustain, amend, or invalidate
2435 the suspension. The scope of the review shall be limited to the
2436 following issues:
2437 (a) If the license was suspended for driving with an
2438 unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2439 higher:
2440 1. Whether the law enforcement officer had probable cause
2441 to believe that the person whose license was suspended was
2442 driving or in actual physical control of a motor vehicle in this
2443 state while under the influence of alcoholic beverages or
2444 chemical or controlled substances.
2445 2. Whether the person whose license was suspended had an
2446 unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2447 higher as provided in s. 316.193.
2448 (b) If the license was suspended for refusal to submit to a
2449 breath, blood, or urine test:
2450 1. Whether the law enforcement officer had probable cause
2451 to believe that the person whose license was suspended was
2452 driving or in actual physical control of a motor vehicle in this
2453 state while under the influence of alcoholic beverages or
2454 chemical or controlled substances.
2455 2. Whether the person whose license was suspended refused
2456 to submit to any such test after being requested to do so by a
2457 law enforcement officer or correctional officer.
2458 3. Whether the person whose license was suspended was told
2459 that if he or she refused to submit to such test his or her
2460 privilege to operate a motor vehicle would be suspended for a
2461 period of 1 year or, in the case of a second or subsequent
2462 refusal, for a period of 18 months.
2463 (8) Based on the determination of the hearing officer
2464 pursuant to subsection (7) for both informal hearings under
2465 subsection (4) and formal hearings under subsection (6), the
2466 department shall:
2467 (a) Sustain the suspension of the person’s driving
2468 privilege for a period of 1 year for a first refusal, or for a
2469 period of 18 months if the driving privilege of such person has
2470 been previously suspended as a result of a refusal to submit to
2471 such tests, if the person refused to submit to a lawful breath,
2472 blood, or urine test. The suspension period commences on the
2473 date of issuance of the notice of suspension.
2474 (b) Sustain the suspension of the person’s driving
2475 privilege for a period of 6 months for a blood-alcohol level or
2476 breath-alcohol level of 0.08 or higher, or for a period of 1
2477 year if the driving privilege of such person has been previously
2478 suspended under this section as a result of driving with an
2479 unlawful alcohol level. The suspension period commences on the
2480 date of issuance of the notice of suspension.
2481 (9) A request for a formal review hearing or an informal
2482 review hearing shall not stay the suspension of the person’s
2483 driver driver’s license. If the department fails to schedule the
2484 formal review hearing to be held within 30 days after receipt of
2485 the request therefor, the department shall invalidate the
2486 suspension. If the scheduled hearing is continued at the
2487 department’s initiative or the driver enforces the subpoena as
2488 provided in subsection (6), the department shall issue a
2489 temporary driving permit that shall be valid until the hearing
2490 is conducted if the person is otherwise eligible for the driving
2491 privilege. Such permit may not be issued to a person who sought
2492 and obtained a continuance of the hearing. The permit issued
2493 under this subsection shall authorize driving for business or
2494 employment use only.
2495 (10) A person whose driver driver’s license is suspended
2496 under subsection (1) or subsection (3) may apply for issuance of
2497 a license for business or employment purposes only if the person
2498 is otherwise eligible for the driving privilege pursuant to s.
2499 322.271.
2500 (a) If the suspension of the driver driver’s license of the
2501 person for failure to submit to a breath, urine, or blood test
2502 is sustained, the person is not eligible to receive a license
2503 for business or employment purposes only, pursuant to s.
2504 322.271, until 90 days have elapsed after the expiration of the
2505 last temporary permit issued. If the driver is not issued a 10
2506 day permit pursuant to this section or s. 322.64 because he or
2507 she is ineligible for the permit and the suspension for failure
2508 to submit to a breath, urine, or blood test is not invalidated
2509 by the department, the driver is not eligible to receive a
2510 business or employment license pursuant to s. 322.271 until 90
2511 days have elapsed from the date of the suspension.
2512 (b) If the suspension of the driver driver’s license of the
2513 person relating to unlawful blood-alcohol level or breath
2514 alcohol level of 0.08 or higher is sustained, the person is not
2515 eligible to receive a license for business or employment
2516 purposes only pursuant to s. 322.271 until 30 days have elapsed
2517 after the expiration of the last temporary permit issued. If the
2518 driver is not issued a 10-day permit pursuant to this section or
2519 s. 322.64 because he or she is ineligible for the permit and the
2520 suspension relating to unlawful blood-alcohol level or breath
2521 alcohol level of 0.08 or higher is not invalidated by the
2522 department, the driver is not eligible to receive a business or
2523 employment license pursuant to s. 322.271 until 30 days have
2524 elapsed from the date of the suspension.
2525 (11) The formal review hearing may be conducted upon a
2526 review of the reports of a law enforcement officer or a
2527 correctional officer, including documents relating to the
2528 administration of a breath test or blood test or the refusal to
2529 take either test or the refusal to take a urine test. However,
2530 as provided in subsection (6), the driver may subpoena the
2531 officer or any person who administered or analyzed a breath or
2532 blood test. If the arresting officer or the breath technician
2533 fails to appear pursuant to a subpoena as provided in subsection
2534 (6), the department shall invalidate the suspension.
2535 (12) The formal review hearing and the informal review
2536 hearing are exempt from the provisions of chapter 120. The
2537 department may adopt rules for the conduct of reviews under this
2538 section.
2539 (13) A person may appeal any decision of the department
2540 sustaining a suspension of his or her driver driver’s license by
2541 a petition for writ of certiorari to the circuit court in the
2542 county wherein such person resides or wherein a formal or
2543 informal review was conducted pursuant to s. 322.31. However, an
2544 appeal shall not stay the suspension. A law enforcement agency
2545 may appeal any decision of the department invalidating a
2546 suspension by a petition for writ of certiorari to the circuit
2547 court in the county wherein a formal or informal review was
2548 conducted. This subsection shall not be construed to provide for
2549 a de novo review appeal.
2550 (14)(a) The decision of the department under this section
2551 or any circuit court review thereof may not be considered in any
2552 trial for a violation of s. 316.193, and a written statement
2553 submitted by a person in his or her request for departmental
2554 review under this section may not be admitted into evidence
2555 against him or her in any such trial.
2556 (b) The disposition of any related criminal proceedings
2557 does not affect a suspension for refusal to submit to a blood,
2558 breath, or urine test imposed under this section.
2559 (15) If the department suspends a person’s license under s.
2560 322.2616, it may not also suspend the person’s license under
2561 this section for the same episode that was the basis for the
2562 suspension under s. 322.2616.
2563 (16) The department shall invalidate a suspension for
2564 driving with an unlawful blood-alcohol level or breath-alcohol
2565 level imposed under this section if the suspended person is
2566 found not guilty at trial of an underlying violation of s.
2567 316.193.
2568 Section 46. Section 322.2616, Florida Statutes, is amended
2569 to read:
2570 322.2616 Suspension of license; persons under 21 years of
2571 age; right to review.—
2572 (1)(a) Notwithstanding s. 316.193, it is unlawful for a
2573 person under the age of 21 who has a blood-alcohol or breath
2574 alcohol level of 0.02 or higher to drive or be in actual
2575 physical control of a motor vehicle.
2576 (b) A law enforcement officer who has probable cause to
2577 believe that a motor vehicle is being driven by or is in the
2578 actual physical control of a person who is under the age of 21
2579 while under the influence of alcoholic beverages or who has any
2580 blood-alcohol or breath-alcohol level may lawfully detain such a
2581 person and may request that person to submit to a test to
2582 determine his or her blood-alcohol or breath-alcohol level.
2583 (2)(a) A law enforcement officer or correctional officer
2584 shall, on behalf of the department, suspend the driving
2585 privilege of such person if the person has a blood-alcohol or
2586 breath-alcohol level of 0.02 or higher. The officer shall also
2587 suspend, on behalf of the department, the driving privilege of a
2588 person who has refused to submit to a test as provided by
2589 paragraph (b). The officer shall take the person’s driver
2590 driver’s license and issue the person a 10-day temporary driving
2591 permit if the person is otherwise eligible for the driving
2592 privilege and shall issue the person a notice of suspension.
2593 (b) The suspension under paragraph (a) must be pursuant to,
2594 and the notice of suspension must inform the driver of, the
2595 following:
2596 1.a. The driver refused to submit to a lawful breath test
2597 and his or her driving privilege is suspended for a period of 1
2598 year for a first refusal or for a period of 18 months if his or
2599 her driving privilege has been previously suspended as provided
2600 in this section as a result of a refusal to submit to a test; or
2601 b. The driver was under the age of 21 and was driving or in
2602 actual physical control of a motor vehicle while having a blood
2603 alcohol or breath-alcohol level of 0.02 or higher; and the
2604 person’s driving privilege is suspended for a period of 6 months
2605 for a first violation, or for a period of 1 year if his or her
2606 driving privilege has been previously suspended as provided in
2607 this section for driving or being in actual physical control of
2608 a motor vehicle with a blood-alcohol or breath-alcohol level of
2609 0.02 or higher.
2610 2. The suspension period commences on the date of issuance
2611 of the notice of suspension.
2612 3. The driver may request a formal or informal review of
2613 the suspension by the department within 10 days after the
2614 issuance of the notice of suspension.
2615 4. A temporary permit issued at the time of the issuance of
2616 the notice of suspension shall not become effective until after
2617 12 hours have elapsed and will expire at midnight of the 10th
2618 day following the date of issuance.
2619 5. The driver may submit to the department any materials
2620 relevant to the suspension of his or her license.
2621 (c) When a driver subject to this section has a blood
2622 alcohol or breath-alcohol level of 0.05 or higher, the
2623 suspension shall remain in effect until such time as the driver
2624 has completed a substance abuse course offered by a DUI program
2625 licensed by the department. The driver shall assume the
2626 reasonable costs for the substance abuse course. As part of the
2627 substance abuse course, the program shall conduct a substance
2628 abuse evaluation of the driver, and notify the parents or legal
2629 guardians of drivers under the age of 19 years of the results of
2630 the evaluation. The term “substance abuse” means the abuse of
2631 alcohol or any substance named or described in Schedules I
2632 through V of s. 893.03. If a driver fails to complete the
2633 substance abuse education course and evaluation, the driver
2634 driver’s license shall not be reinstated by the department.
2635 (d) A minor under the age of 18 years proven to be driving
2636 with a blood-alcohol or breath-alcohol level of 0.02 or higher
2637 may be taken by a law enforcement officer to the addictions
2638 receiving facility in the county in which the minor is found to
2639 be so driving, if the county makes the addictions receiving
2640 facility available for such purpose.
2641 (3) The law enforcement officer shall forward to the
2642 department, within 5 days after the date of the issuance of the
2643 notice of suspension, a copy of the notice of suspension, the
2644 driver driver’s license of the person receiving the notice of
2645 suspension, and an affidavit stating the officer’s grounds for
2646 belief that the person was under the age of 21 and was driving
2647 or in actual physical control of a motor vehicle with any blood
2648 alcohol or breath-alcohol level, and the results of any blood or
2649 breath test or an affidavit stating that a breath test was
2650 requested by a law enforcement officer or correctional officer
2651 and that the person refused to submit to such test. The failure
2652 of the officer to submit materials within the 5-day period
2653 specified in this subsection does not bar the department from
2654 considering any materials submitted at or before the hearing.
2655 (4) If the department finds that the license of the person
2656 should be suspended under this section and if the notice of
2657 suspension has not already been served upon the person by a law
2658 enforcement officer or correctional officer as provided in
2659 subsection (2), the department shall issue a notice of
2660 suspension and, unless the notice is mailed under s. 322.251, a
2661 temporary driving permit that expires 10 days after the date of
2662 issuance if the driver is otherwise eligible.
2663 (5) If the person whose license is suspended requests an
2664 informal review under subparagraph (2)(b)3., the department
2665 shall conduct the informal review by a hearing officer
2666 designated employed by the department within 30 days after the
2667 request is received by the department and shall issue such
2668 person a temporary driving permit for business purposes only to
2669 expire on the date that such review is scheduled to be conducted
2670 if the person is otherwise eligible. The informal review hearing
2671 must consist solely of an examination by the department of the
2672 materials submitted by a law enforcement officer or correctional
2673 officer and by the person whose license is suspended, and the
2674 presence of an officer or witness is not required.
2675 (6) After completion of the informal review, notice of the
2676 department’s decision sustaining, amending, or invalidating the
2677 suspension of the driver driver’s license must be provided to
2678 the person. The notice must be mailed to the person at the last
2679 known address shown on the department’s records, or to the
2680 address provided in the law enforcement officer’s report if such
2681 address differs from the address of record, within 7 days after
2682 completing the review.
2683 (7)(a) If the person whose license is suspended requests a
2684 formal review, the department must schedule a hearing to be held
2685 within 30 days after the request is received by the department
2686 and must notify the person of the date, time, and place of the
2687 hearing and shall issue such person a temporary driving permit
2688 for business purposes only to expire on the date that such
2689 review is scheduled to be conducted if the person is otherwise
2690 eligible.
2691 (b) The formal review hearing must be held before a hearing
2692 officer designated employed by the department, and the hearing
2693 officer may administer oaths, examine witnesses and take
2694 testimony, receive relevant evidence, issue subpoenas, regulate
2695 the course and conduct of the hearing, and make a ruling on the
2696 suspension. The hearing officer may conduct hearings using
2697 communications technology. The department and the person whose
2698 license was suspended may subpoena witnesses, and the party
2699 requesting the presence of a witness is responsible for paying
2700 any witness fees and for notifying in writing the state
2701 attorney’s office in the appropriate circuit of the issuance of
2702 the subpoena. If the person who requests a formal review hearing
2703 fails to appear and the hearing officer finds the failure to be
2704 without just cause, the right to a formal hearing is waived and
2705 the suspension is sustained.
2706 (c) The failure of a subpoenaed witness to appear at the
2707 formal review hearing shall not be grounds to invalidate the
2708 suspension. If a witness fails to appear, a party may seek
2709 enforcement of a subpoena under paragraph (b) by filing a
2710 petition for enforcement in the circuit court of the judicial
2711 circuit in which the person failing to comply with the subpoena
2712 resides. A failure to comply with an order of the court
2713 constitutes contempt of court. However, a person may not be held
2714 in contempt while a subpoena is being challenged.
2715 (d) The department must, within 7 working days after a
2716 formal review hearing, send notice to the person of the hearing
2717 officer’s decision as to whether sufficient cause exists to
2718 sustain, amend, or invalidate the suspension.
2719 (8) In a formal review hearing under subsection (7) or an
2720 informal review hearing under subsection (5), the hearing
2721 officer shall determine by a preponderance of the evidence
2722 whether sufficient cause exists to sustain, amend, or invalidate
2723 the suspension. The scope of the review is limited to the
2724 following issues:
2725 (a) If the license was suspended because the individual,
2726 then under the age of 21, drove with a blood-alcohol or breath
2727 alcohol level of 0.02 or higher:
2728 1. Whether the law enforcement officer had probable cause
2729 to believe that the person was under the age of 21 and was
2730 driving or in actual physical control of a motor vehicle in this
2731 state with any blood-alcohol or breath-alcohol level or while
2732 under the influence of alcoholic beverages.
2733 2. Whether the person was under the age of 21.
2734 3. Whether the person had a blood-alcohol or breath-alcohol
2735 level of 0.02 or higher.
2736 (b) If the license was suspended because of the
2737 individual’s refusal to submit to a breath test:
2738 1. Whether the law enforcement officer had probable cause
2739 to believe that the person was under the age of 21 and was
2740 driving or in actual physical control of a motor vehicle in this
2741 state with any blood-alcohol or breath-alcohol level or while
2742 under the influence of alcoholic beverages.
2743 2. Whether the person was under the age of 21.
2744 3. Whether the person refused to submit to a breath test
2745 after being requested to do so by a law enforcement officer or
2746 correctional officer.
2747 4. Whether the person was told that if he or she refused to
2748 submit to a breath test his or her privilege to operate a motor
2749 vehicle would be suspended for a period of 1 year or, in the
2750 case of a second or subsequent refusal, for a period of 18
2751 months.
2752 (9) Based on the determination of the hearing officer under
2753 subsection (8) for both informal hearings under subsection (5)
2754 and formal hearings under subsection (7), the department shall:
2755 (a) Sustain the suspension of the person’s driving
2756 privilege for a period of 1 year for a first refusal, or for a
2757 period of 18 months if the driving privilege of the person has
2758 been previously suspended, as provided in this section, as a
2759 result of a refusal to submit to a test. The suspension period
2760 commences on the date of the issuance of the notice of
2761 suspension.
2762 (b) Sustain the suspension of the person’s driving
2763 privilege for a period of 6 months for driving or being in
2764 actual physical control of a motor vehicle while under the age
2765 of 21 with a blood-alcohol or breath-alcohol level of 0.02 or
2766 higher, or for a period of 1 year if the driving privilege of
2767 such person has been previously suspended under this section.
2768 The suspension period commences on the date of the issuance of
2769 the notice of suspension.
2770 (10) A request for a formal review hearing or an informal
2771 review hearing shall not stay the suspension of the person’s
2772 driver driver’s license. If the department fails to schedule the
2773 formal review hearing to be held within 30 days after receipt of
2774 the request therefor, the department shall invalidate the
2775 suspension. If the scheduled hearing is continued at the
2776 department’s initiative or the driver enforces the subpoena as
2777 provided in subsection (7), the department shall issue a
2778 temporary driving permit that is valid until the hearing is
2779 conducted if the person is otherwise eligible for the driving
2780 privilege. The permit shall not be issued to a person who
2781 requested a continuance of the hearing. The permit issued under
2782 this subsection authorizes driving for business or employment
2783 use only.
2784 (11) A person whose driver driver’s license is suspended
2785 under subsection (2) or subsection (4) may apply for issuance of
2786 a license for business or employment purposes only, pursuant to
2787 s. 322.271, if the person is otherwise eligible for the driving
2788 privilege. However, such a license may not be issued until 30
2789 days have elapsed after the expiration of the last temporary
2790 driving permit issued under this section.
2791 (12) The formal review hearing may be conducted upon a
2792 review of the reports of a law enforcement officer or
2793 correctional officer, including documents relating to the
2794 administration of a breath test or the refusal to take a test.
2795 However, as provided in subsection (7), the driver may subpoena
2796 the officer or any person who administered a breath or blood
2797 test. If the officer who suspended the driving privilege fails
2798 to appear pursuant to a subpoena as provided in subsection (7),
2799 the department shall invalidate the suspension.
2800 (13) The formal review hearing and the informal review
2801 hearing are exempt from chapter 120. The department may adopt
2802 rules for conducting reviews under this section.
2803 (14) A person may appeal any decision of the department
2804 sustaining a suspension of his or her driver driver’s license by
2805 a petition for writ of certiorari to the circuit court in the
2806 county wherein such person resides or wherein a formal or
2807 informal review was conducted under s. 322.31. However, an
2808 appeal does not stay the suspension. This subsection does not
2809 provide for a de novo review appeal.
2810 (15) The decision of the department under this section
2811 shall not be considered in any trial for a violation of s.
2812 316.193, nor shall any written statement submitted by a person
2813 in his or her request for departmental review under this section
2814 be admissible into evidence against him or her in any such
2815 trial. The disposition of any related criminal proceedings shall
2816 not affect a suspension imposed under this section.
2817 (16) By applying for and accepting and using a driver
2818 driver’s license, a person under the age of 21 years who holds
2819 the driver driver’s license is deemed to have expressed his or
2820 her consent to the provisions of this section.
2821 (17) A breath test to determine breath-alcohol level
2822 pursuant to this section may be conducted as authorized by s.
2823 316.1932 or by a breath-alcohol test device listed in the United
2824 States Department of Transportation’s conforming-product list of
2825 evidential breath-measurement devices. The reading from such a
2826 device is presumed accurate and is admissible in evidence in any
2827 administrative hearing conducted under this section.
2828 (18) The result of a blood test obtained during an
2829 investigation conducted under s. 316.1932 or s. 316.1933 may be
2830 used to suspend the driving privilege of a person under this
2831 section.
2832 (19) A violation of this section is neither a traffic
2833 infraction nor a criminal offense, nor does being detained
2834 pursuant to this section constitute an arrest. A violation of
2835 this section is subject to the administrative action provisions
2836 of this section, which are administered by the department
2837 through its administrative processes. Administrative actions
2838 taken pursuant to this section shall be recorded in the motor
2839 vehicle records maintained by the department. This section does
2840 not bar prosecution under s. 316.193. However, if the department
2841 suspends a person’s license under s. 322.2615 for a violation of
2842 s. 316.193, it may not also suspend the person’s license under
2843 this section for the same episode that was the basis for the
2844 suspension under s. 322.2615.
2845 Section 47. Subsections (4) and (5) of section 322.271,
2846 Florida Statutes, are amended, and subsection (7) is added to
2847 that section, to read:
2848 322.271 Authority to modify revocation, cancellation, or
2849 suspension order.—
2850 (4) Notwithstanding the provisions of s. 322.28(2)(d)
2851 322.28(2)(e), a person whose driving privilege has been
2852 permanently revoked because he or she has been convicted of DUI
2853 manslaughter in violation of s. 316.193 and has no prior
2854 convictions for DUI-related offenses may, upon the expiration of
2855 5 years after the date of such revocation or the expiration of 5
2856 years after the termination of any term of incarceration under
2857 s. 316.193 or former s. 316.1931, whichever date is later,
2858 petition the department for reinstatement of his or her driving
2859 privilege.
2860 (a) Within 30 days after the receipt of such a petition,
2861 the department shall afford the petitioner an opportunity for a
2862 hearing. At the hearing, the petitioner must demonstrate to the
2863 department that he or she:
2864 1. Has not been arrested for a drug-related offense during
2865 the 5 years preceding the filing of the petition;
2866 2. Has not driven a motor vehicle without a license for at
2867 least 5 years prior to the hearing;
2868 3. Has been drug-free for at least 5 years prior to the
2869 hearing; and
2870 4. Has completed a DUI program licensed by the department.
2871 (b) At such hearing, the department shall determine the
2872 petitioner’s qualification, fitness, and need to drive. Upon
2873 such determination, the department may, in its discretion,
2874 reinstate the driver driver’s license of the petitioner. Such
2875 reinstatement must be made subject to the following
2876 qualifications:
2877 1. The license must be restricted for employment purposes
2878 for at least not less than 1 year; and
2879 2. Such person must be supervised by a DUI program licensed
2880 by the department and report to the program for such supervision
2881 and education at least four times a year or additionally as
2882 required by the program for the remainder of the revocation
2883 period. Such supervision shall include evaluation, education,
2884 referral into treatment, and other activities required by the
2885 department.
2886 (c) Such person must assume the reasonable costs of
2887 supervision. If such person fails to comply with the required
2888 supervision, the program shall report the failure to the
2889 department, and the department shall cancel such person’s
2890 driving privilege.
2891 (d) If, after reinstatement, such person is convicted of an
2892 offense for which mandatory revocation of his or her license is
2893 required, the department shall revoke his or her driving
2894 privilege.
2895 (e) The department shall adopt rules regulating the
2896 providing of services by DUI programs pursuant to this section.
2897 (5) Notwithstanding the provisions of s. 322.28(2)(d)
2898 322.28(2)(e), a person whose driving privilege has been
2899 permanently revoked because he or she has been convicted four or
2900 more times of violating s. 316.193 or former s. 316.1931 may,
2901 upon the expiration of 5 years after the date of the last
2902 conviction or the expiration of 5 years after the termination of
2903 any incarceration under s. 316.193 or former s. 316.1931,
2904 whichever is later, petition the department for reinstatement of
2905 his or her driving privilege.
2906 (a) Within 30 days after receipt of a petition, the
2907 department shall provide for a hearing, at which the petitioner
2908 must demonstrate that he or she:
2909 1. Has not been arrested for a drug-related offense for at
2910 least 5 years prior to filing the petition;
2911 2. Has not driven a motor vehicle without a license for at
2912 least 5 years prior to the hearing;
2913 3. Has been drug-free for at least 5 years prior to the
2914 hearing; and
2915 4. Has completed a DUI program licensed by the department.
2916 (b) At the hearing, the department shall determine the
2917 petitioner’s qualification, fitness, and need to drive, and may,
2918 after such determination, reinstate the petitioner’s driver
2919 driver’s license. The reinstatement shall be subject to the
2920 following qualifications:
2921 1. The petitioner’s license must be restricted for
2922 employment purposes for at least not less than 1 year; and
2923 2. The petitioner must be supervised by a DUI program
2924 licensed by the department and must report to the program for
2925 supervision and education at least four times a year or more, as
2926 required by the program, for the remainder of the revocation
2927 period. The supervision shall include evaluation, education,
2928 referral into treatment, and other activities required by the
2929 department.
2930 (c) The petitioner must assume the reasonable costs of
2931 supervision. If the petitioner does not comply with the required
2932 supervision, the program shall report the failure to the
2933 department, and the department shall cancel such person’s
2934 driving privilege.
2935 (d) If, after reinstatement, the petitioner is convicted of
2936 an offense for which mandatory license revocation is required,
2937 the department shall revoke his or her driving privilege.
2938 (e) The department shall adopt rules regulating the
2939 services provided by DUI programs pursuant to this section.
2940 (7) A person who has never had a driver license suspended
2941 under s. 322.2615, has never been disqualified under s. 322.64,
2942 has never been convicted of a violation of s. 316.193, has never
2943 applied for a business purposes only license, as defined in this
2944 section, whose driving privilege has been suspended pursuant to
2945 this section may apply for a business purposes only driver
2946 license without a hearing if the person meets the requirements
2947 of this section and s. 322.291, and is otherwise eligible for a
2948 driver license.
2949 (a) For purposes of this subsection, a previous conviction
2950 outside of this state for driving under the influence, driving
2951 while intoxicated, driving with an unlawful blood-alcohol level,
2952 or any other alcohol-related or drug-related traffic offense
2953 similar to the offense of driving under the influence as
2954 provided in s. 316.193 will be considered a previous conviction
2955 for a violation of s. 316.193, and a conviction for violation of
2956 former s. 316.028, former s. 316.1931, or former s. 860.01 is
2957 considered a conviction for a violation of s. 316.193.
2958 (b) The reinstatement shall be restricted to business
2959 purposes only for the duration of the suspension imposed under
2960 s. 322.2615.
2961 (c) Acceptance of the reinstated driving privilege as
2962 provided in this subsection is deemed a waiver of the right to
2963 formal and informal review under s. 322.2615. The waiver may not
2964 be used as evidence in any other proceeding.
2965 Section 48. Section 322.2715, Florida Statutes, is amended
2966 to read:
2967 322.2715 Ignition interlock device.—
2968 (1) Before issuing a permanent or restricted driver
2969 driver’s license under this chapter, the department shall
2970 require the placement of a department-approved ignition
2971 interlock device for any person convicted of committing an
2972 offense of driving under the influence as specified in
2973 subsection (3), except that consideration may be given to those
2974 individuals having a documented medical condition that would
2975 prohibit the device from functioning normally. If a medical
2976 waiver has been granted for a convicted person seeking a
2977 restricted license, the convicted person shall not be entitled
2978 to a restricted license until the required ignition interlock
2979 device installation period under subsection (3) expires, in
2980 addition to the time requirements under s. 322.271. If a medical
2981 waiver has been approved for a convicted person seeking
2982 permanent reinstatement of the driver license, the convicted
2983 person must be restricted to an employment-purposes-only license
2984 and be supervised by a licensed DUI program until the required
2985 ignition interlock device installation period under subsection
2986 (3) expires. An interlock device shall be placed on all vehicles
2987 that are individually or jointly leased or owned and routinely
2988 operated by the convicted person.
2989 (2) For purposes of this section, any conviction for a
2990 violation of s. 316.193, a previous conviction for a violation
2991 of former s. 316.1931, or a conviction outside this state for
2992 driving under the influence, driving while intoxicated, driving
2993 with an unlawful blood-alcohol level, or any other similar
2994 alcohol-related or drug-related traffic offense is a conviction
2995 of driving under the influence.
2996 (3) If the person is convicted of:
2997 (a) A first offense of driving under the influence under s.
2998 316.193 and has an unlawful blood-alcohol level or breath
2999 alcohol level as specified in s. 316.193(4), or if a person is
3000 convicted of a violation of s. 316.193 and was at the time of
3001 the offense accompanied in the vehicle by a person younger than
3002 18 years of age, the person shall have the ignition interlock
3003 device installed for at least not less than 6 continuous months
3004 for the first offense and for at least not less than 2
3005 continuous years for a second offense.
3006 (b) A second offense of driving under the influence, the
3007 ignition interlock device shall be installed for a period of at
3008 least not less than 1 continuous year.
3009 (c) A third offense of driving under the influence which
3010 occurs within 10 years after a prior conviction for a violation
3011 of s. 316.193, the ignition interlock device shall be installed
3012 for a period of at least not less than 2 continuous years.
3013 (d) A third offense of driving under the influence which
3014 occurs more than 10 years after the date of a prior conviction,
3015 the ignition interlock device shall be installed for a period of
3016 at least not less than 2 continuous years.
3017 (e) A fourth or subsequent offense of driving under the
3018 influence, the ignition interlock device shall be installed for
3019 a period of at least not less than 5 years.
3020 (4) If the court fails to order the mandatory placement of
3021 the ignition interlock device or fails to order for the
3022 applicable period the mandatory placement of an ignition
3023 interlock device under s. 316.193 or s. 316.1937 at the time of
3024 imposing sentence or within 30 days thereafter, the department
3025 shall immediately require that the ignition interlock device be
3026 installed as provided in this section, except that consideration
3027 may be given to those individuals having a documented medical
3028 condition that would prohibit the device from functioning
3029 normally. This subsection applies to the reinstatement of the
3030 driving privilege following a revocation, suspension, or
3031 cancellation that is based upon a conviction for the offense of
3032 driving under the influence which occurs on or after July 1,
3033 2005.
3034 (5) In addition to any fees authorized by rule for the
3035 installation and maintenance of the ignition interlock device,
3036 the authorized installer of the device shall collect and remit
3037 $12 for each installation to the department, which shall be
3038 deposited into the Highway Safety Operating Trust Fund to be
3039 used for the operation of the Ignition Interlock Device Program.
3040 Section 49. Section 322.28, Florida Statutes, is amended to
3041 read:
3042 322.28 Period of suspension or revocation.—
3043 (1) Unless otherwise provided by this section, the
3044 department shall not suspend a license for a period of more than
3045 1 year and, upon revoking a license, in any case except in a
3046 prosecution for the offense of driving a motor vehicle while
3047 under the influence of alcoholic beverages, chemical substances
3048 as set forth in s. 877.111, or controlled substances, shall not
3049 in any event grant a new license until the expiration of 1 year
3050 after such revocation.
3051 (2) In a prosecution for a violation of s. 316.193 or
3052 former s. 316.1931, the following provisions apply:
3053 (a) Upon conviction of the driver, the court, along with
3054 imposing sentence, shall revoke the driver driver’s license or
3055 driving privilege of the person so convicted, effective on the
3056 date of conviction, and shall prescribe the period of such
3057 revocation in accordance with the following provisions:
3058 1. Upon a first conviction for a violation of the
3059 provisions of s. 316.193, except a violation resulting in death,
3060 the driver driver’s license or driving privilege shall be
3061 revoked for at least not less than 180 days but not or more than
3062 1 year.
3063 2. Upon a second conviction for an offense that occurs
3064 within a period of 5 years after the date of a prior conviction
3065 for a violation of the provisions of s. 316.193 or former s.
3066 316.1931 or a combination of such sections, the driver driver’s
3067 license or driving privilege shall be revoked for at least not
3068 less than 5 years.
3069 3. Upon a third conviction for an offense that occurs
3070 within a period of 10 years after the date of a prior conviction
3071 for the violation of the provisions of s. 316.193 or former s.
3072 316.1931 or a combination of such sections, the driver driver’s
3073 license or driving privilege shall be revoked for at least not
3074 less than 10 years.
3075
3076 For the purposes of this paragraph, a previous conviction
3077 outside this state for driving under the influence, driving
3078 while intoxicated, driving with an unlawful blood-alcohol level,
3079 or any other alcohol-related or drug-related traffic offense
3080 similar to the offense of driving under the influence as
3081 proscribed by s. 316.193 will be considered a previous
3082 conviction for violation of s. 316.193, and a conviction for
3083 violation of former s. 316.028, former s. 316.1931, or former s.
3084 860.01 is considered a conviction for violation of s. 316.193.
3085 (b) If the period of revocation was not specified by the
3086 court at the time of imposing sentence or within 30 days
3087 thereafter, and is not otherwise specified by law, the
3088 department shall forthwith revoke the driver driver’s license or
3089 driving privilege for the maximum period applicable under
3090 paragraph (a) for a first conviction and for the minimum period
3091 applicable under paragraph (a) for any subsequent convictions.
3092 The driver may, within 30 days after such revocation by the
3093 department, petition the court for further hearing on the period
3094 of revocation, and the court may reopen the case and determine
3095 the period of revocation within the limits specified in
3096 paragraph (a).
3097 (c) The forfeiture of bail bond, not vacated within 20
3098 days, in any prosecution for the offense of driving while under
3099 the influence of alcoholic beverages, chemical substances, or
3100 controlled substances to the extent of depriving the defendant
3101 of his or her normal faculties shall be deemed equivalent to a
3102 conviction for the purposes of this paragraph, and the
3103 department shall forthwith revoke the defendant’s driver
3104 driver’s license or driving privilege for the maximum period
3105 applicable under paragraph (a) for a first conviction and for
3106 the minimum period applicable under paragraph (a) for a second
3107 or subsequent conviction; however, if the defendant is later
3108 convicted of the charge, the period of revocation imposed by the
3109 department for such conviction shall not exceed the difference
3110 between the applicable maximum for a first conviction or minimum
3111 for a second or subsequent conviction and the revocation period
3112 under this subsection that has actually elapsed; upon conviction
3113 of such charge, the court may impose revocation for a period of
3114 time as specified in paragraph (a). This paragraph does not
3115 apply if an appropriate motion contesting the forfeiture is
3116 filed within the 20-day period.
3117 (d) When any driver’s license or driving privilege has been
3118 revoked pursuant to the provisions of this section, the
3119 department shall not grant a new license, except upon
3120 reexamination of the licensee after the expiration of the period
3121 of revocation so prescribed. However, the court may, in its
3122 sound discretion, issue an order of reinstatement on a form
3123 furnished by the department which the person may take to any
3124 driver’s license examining office for reinstatement by the
3125 department pursuant to s. 322.282.
3126 (d)(e) The court shall permanently revoke the driver
3127 driver’s license or driving privilege of a person who has been
3128 convicted four times for violation of s. 316.193 or former s.
3129 316.1931 or a combination of such sections. The court shall
3130 permanently revoke the driver driver’s license or driving
3131 privilege of any person who has been convicted of DUI
3132 manslaughter in violation of s. 316.193. If the court has not
3133 permanently revoked such driver driver’s license or driving
3134 privilege within 30 days after imposing sentence, the department
3135 shall permanently revoke the driver driver’s license or driving
3136 privilege pursuant to this paragraph. No driver driver’s license
3137 or driving privilege may be issued or granted to any such
3138 person. This paragraph applies only if at least one of the
3139 convictions for violation of s. 316.193 or former s. 316.1931
3140 was for a violation that occurred after July 1, 1982. For the
3141 purposes of this paragraph, a conviction for violation of former
3142 s. 316.028, former s. 316.1931, or former s. 860.01 is also
3143 considered a conviction for violation of s. 316.193. Also, a
3144 conviction of driving under the influence, driving while
3145 intoxicated, driving with an unlawful blood-alcohol level, or
3146 any other similar alcohol-related or drug-related traffic
3147 offense outside this state is considered a conviction for the
3148 purposes of this paragraph.
3149 (e) Convictions that occur on the same date resulting from
3150 separate offense dates shall be treated as separate convictions,
3151 and the offense that occurred earlier will be deemed a prior
3152 conviction for the purposes of this section.
3153 (3) The court shall permanently revoke the driver driver’s
3154 license or driving privilege of a person who has been convicted
3155 of murder resulting from the operation of a motor vehicle. No
3156 driver driver’s license or driving privilege may be issued or
3157 granted to any such person.
3158 (4)(a) Upon a conviction for a violation of s.
3159 316.193(3)(c)2., involving serious bodily injury, a conviction
3160 of manslaughter resulting from the operation of a motor vehicle,
3161 or a conviction of vehicular homicide, the court shall revoke
3162 the driver driver’s license of the person convicted for a
3163 minimum period of 3 years. If a conviction under s.
3164 316.193(3)(c)2., involving serious bodily injury, is also a
3165 subsequent conviction as described under paragraph (2)(a), the
3166 court shall revoke the driver driver’s license or driving
3167 privilege of the person convicted for the period applicable as
3168 provided in paragraph (2)(a) or paragraph (2)(d) (2)(e).
3169 (b) If the period of revocation was not specified by the
3170 court at the time of imposing sentence or within 30 days
3171 thereafter, the department shall revoke the driver driver’s
3172 license for the minimum period applicable under paragraph (a)
3173 or, for a subsequent conviction, for the minimum period
3174 applicable under paragraph (2)(a) or paragraph (2)(d) (2)(e).
3175 (5) A court may not stay the administrative suspension of a
3176 driving privilege under s. 322.2615 or s. 322.2616 during
3177 judicial review of the departmental order that resulted in such
3178 suspension, and a suspension or revocation of a driving
3179 privilege may not be stayed upon an appeal of the conviction or
3180 order that resulted in the suspension or revocation.
3181 (6) In a prosecution for a violation of s. 316.172(1), and
3182 upon a showing of the department’s records that the licensee has
3183 received a second conviction within 5 years following the date
3184 of a prior conviction of s. 316.172(1), the department shall,
3185 upon direction of the court, suspend the driver driver’s license
3186 of the person convicted for a period of at least not less than
3187 90 days but not or more than 6 months.
3188 (7) Following a second or subsequent violation of s.
3189 796.07(2)(f) which involves a motor vehicle and which results in
3190 any judicial disposition other than acquittal or dismissal, in
3191 addition to any other sentence imposed, the court shall revoke
3192 the person’s driver driver’s license or driving privilege,
3193 effective upon the date of the disposition, for a period of at
3194 least not less than 1 year. A person sentenced under this
3195 subsection may request a hearing under s. 322.271.
3196 Section 50. Section 322.331, Florida Statutes, is repealed.
3197 Section 51. Section 322.61, Florida Statutes, is amended to
3198 read:
3199 322.61 Disqualification from operating a commercial motor
3200 vehicle.—
3201 (1) A person who, for offenses occurring within a 3-year
3202 period, is convicted of two of the following serious traffic
3203 violations or any combination thereof, arising in separate
3204 incidents committed in a commercial motor vehicle shall, in
3205 addition to any other applicable penalties, be disqualified from
3206 operating a commercial motor vehicle for a period of 60 days. A
3207 holder of a commercial driver driver’s license or commercial
3208 learner’s permit who, for offenses occurring within a 3-year
3209 period, is convicted of two of the following serious traffic
3210 violations, or any combination thereof, arising in separate
3211 incidents committed in a noncommercial motor vehicle shall, in
3212 addition to any other applicable penalties, be disqualified from
3213 operating a commercial motor vehicle for a period of 60 days if
3214 such convictions result in the suspension, revocation, or
3215 cancellation of the licenseholder’s driving privilege:
3216 (a) A violation of any state or local law relating to motor
3217 vehicle traffic control, other than a parking violation, a
3218 weight violation, or a vehicle equipment violation, arising in
3219 connection with a crash resulting in death or personal injury to
3220 any person;
3221 (b) Reckless driving, as defined in s. 316.192;
3222 (c) Careless driving, as defined in s. 316.1925;
3223 (d) Fleeing or attempting to elude a law enforcement
3224 officer, as defined in s. 316.1935;
3225 (c)(e) Unlawful speed of 15 miles per hour or more above
3226 the posted speed limit;
3227 (f) Driving a commercial motor vehicle, owned by such
3228 person, which is not properly insured;
3229 (d)(g) Improper lane change, as defined in s. 316.085;
3230 (e)(h) Following too closely, as defined in s. 316.0895;
3231 (f)(i) Driving a commercial vehicle without obtaining a
3232 commercial driver driver’s license;
3233 (g)(j) Driving a commercial vehicle without the proper
3234 class of commercial driver driver’s license or commercial
3235 learner’s permit or without the proper endorsement; or
3236 (h)(k) Driving a commercial vehicle without a commercial
3237 driver driver’s license or commercial learner’s permit in
3238 possession, as required by s. 322.03. Any individual who
3239 provides proof to the clerk of the court or designated official
3240 in the jurisdiction where the citation was issued, by the date
3241 the individual must appear in court or pay any fine for such a
3242 violation, that the individual held a valid commercial driver’s
3243 license on the date the citation was issued is not guilty of
3244 this offense.
3245 (2)(a) Any person who, for offenses occurring within a 3
3246 year period, is convicted of three serious traffic violations
3247 specified in subsection (1) or any combination thereof, arising
3248 in separate incidents committed in a commercial motor vehicle
3249 shall, in addition to any other applicable penalties, including
3250 but not limited to the penalty provided in subsection (1), be
3251 disqualified from operating a commercial motor vehicle for a
3252 period of 120 days.
3253 (b) A holder of a commercial driver driver’s license or
3254 commercial learner’s permit who, for offenses occurring within a
3255 3-year period, is convicted of three serious traffic violations
3256 specified in subsection (1) or any combination thereof arising
3257 in separate incidents committed in a noncommercial motor vehicle
3258 shall, in addition to any other applicable penalties, including,
3259 but not limited to, the penalty provided in subsection (1), be
3260 disqualified from operating a commercial motor vehicle for a
3261 period of 120 days if such convictions result in the suspension,
3262 revocation, or cancellation of the licenseholder’s driving
3263 privilege.
3264 (3)(a) Except as provided in subsection (4), any person who
3265 is convicted of one of the offenses listed in paragraph (b)
3266 while operating a commercial motor vehicle shall, in addition to
3267 any other applicable penalties, be disqualified from operating a
3268 commercial motor vehicle for a period of 1 year.
3269 (b) Except as provided in subsection (4), any holder of a
3270 commercial driver license or commercial learner’s permit who is
3271 convicted of one of the offenses listed in this paragraph while
3272 operating a noncommercial motor vehicle shall, in addition to
3273 any other applicable penalties, be disqualified from operating a
3274 commercial motor vehicle for a period of 1 year:
3275 1. Driving a motor vehicle while he or she is under the
3276 influence of alcohol or a controlled substance;
3277 2. Driving a commercial motor vehicle while the alcohol
3278 concentration of his or her blood, breath, or urine is .04
3279 percent or higher;
3280 3. Leaving the scene of a crash involving a motor vehicle
3281 driven by such person;
3282 4. Using a motor vehicle in the commission of a felony;
3283 5. Driving a commercial motor vehicle while in possession
3284 of a controlled substance;
3285 5.6. Refusing to submit to a test to determine his or her
3286 alcohol concentration while driving a motor vehicle;
3287 6. Driving a commercial motor vehicle when, as a result of
3288 prior violations committed operating a commercial motor vehicle,
3289 his or her commercial driver license or commercial learner’s
3290 permit is revoked, suspended, or canceled, or he or she is
3291 disqualified from operating a commercial motor vehicle; or
3292 7. Driving a commercial vehicle while the licenseholder’s
3293 commercial driver license is suspended, revoked, or canceled or
3294 while the licenseholder is disqualified from driving a
3295 commercial vehicle; or
3296 7.8. Causing a fatality through the negligent operation of
3297 a commercial motor vehicle.
3298 (4) Any person who is transporting hazardous materials as
3299 defined in s. 322.01(24) shall, upon conviction of an offense
3300 specified in subsection (3), be disqualified from operating a
3301 commercial motor vehicle for a period of 3 years. The penalty
3302 provided in this subsection shall be in addition to any other
3303 applicable penalty.
3304 (5) A person who is convicted of two violations specified
3305 in subsection (3) which were committed while operating a
3306 commercial motor vehicle, or any combination thereof, arising in
3307 separate incidents shall be permanently disqualified from
3308 operating a commercial motor vehicle. A holder of a commercial
3309 driver license or commercial learner’s permit who is convicted
3310 of two violations specified in subsection (3) which were
3311 committed while operating any motor vehicle arising in separate
3312 incidents shall be permanently disqualified from operating a
3313 commercial motor vehicle. The penalty provided in this
3314 subsection is in addition to any other applicable penalty.
3315 (6) Notwithstanding subsections (3), (4), and (5), any
3316 person who uses a commercial motor vehicle in the commission of
3317 any felony involving the manufacture, distribution, or
3318 dispensing of a controlled substance, including possession with
3319 intent to manufacture, distribute, or dispense a controlled
3320 substance, shall, upon conviction of such felony, be permanently
3321 disqualified from operating a commercial motor vehicle.
3322 Notwithstanding subsections (3), (4), and (5), any holder of a
3323 commercial driver driver’s license or commercial learner’s
3324 permit who uses a noncommercial motor vehicle in the commission
3325 of any felony involving the manufacture, distribution, or
3326 dispensing of a controlled substance, including possession with
3327 intent to manufacture, distribute, or dispense a controlled
3328 substance, shall, upon conviction of such felony, be permanently
3329 disqualified from operating a commercial motor vehicle. The
3330 penalty provided in this subsection is in addition to any other
3331 applicable penalty.
3332 (7) A person whose privilege to operate a commercial motor
3333 vehicle is disqualified under this section may, if otherwise
3334 qualified, be issued a Class E driver driver’s license, pursuant
3335 to s. 322.251.
3336 (8) A driver who is convicted of or otherwise found to have
3337 committed a violation of an out-of-service order while driving a
3338 commercial motor vehicle is disqualified as follows:
3339 (a) At least Not less than 180 days but not nor more than 1
3340 year if the driver is convicted of or otherwise found to have
3341 committed a first violation of an out-of-service order.
3342 (b) At least Not less than 2 years but not nor more than 5
3343 years if, for offenses occurring during any 10-year period, the
3344 driver is convicted of or otherwise found to have committed two
3345 violations of out-of-service orders in separate incidents.
3346 (c) At least Not less than 3 years but not nor more than 5
3347 years if, for offenses occurring during any 10-year period, the
3348 driver is convicted of or otherwise found to have committed
3349 three or more violations of out-of-service orders in separate
3350 incidents.
3351 (d) At least Not less than 180 days but not nor more than 2
3352 years if the driver is convicted of or otherwise found to have
3353 committed a first violation of an out-of-service order while
3354 transporting hazardous materials required to be placarded under
3355 the Hazardous Materials Transportation Act, 49 U.S.C. ss. 5101
3356 et seq., or while operating motor vehicles designed to transport
3357 more than 15 passengers, including the driver. A driver is
3358 disqualified for a period of at least not less than 3 years but
3359 not nor more than 5 years if, for offenses occurring during any
3360 10-year period, the driver is convicted of or otherwise found to
3361 have committed any subsequent violations of out-of-service
3362 orders, in separate incidents, while transporting hazardous
3363 materials required to be placarded under the Hazardous Materials
3364 Transportation Act, 49 U.S.C. ss. 5101 et seq., or while
3365 operating motor vehicles designed to transport more than 15
3366 passengers, including the driver.
3367 (9) A driver who is convicted of or otherwise found to have
3368 committed an offense of operating a commercial motor vehicle in
3369 violation of federal, state, or local law or regulation
3370 pertaining to one of the following six offenses at a railroad
3371 highway grade crossing must be disqualified for the period of
3372 time specified in subsection (10):
3373 (a) For drivers who are not always required to stop,
3374 failing to slow down and check that the tracks are clear of
3375 approaching trains.
3376 (b) For drivers who are not always required to stop,
3377 failing to stop before reaching the crossing if the tracks are
3378 not clear.
3379 (c) For drivers who are always required to stop, failing to
3380 stop before driving onto the crossing.
3381 (d) For all drivers, failing to have sufficient space to
3382 drive completely through the crossing without stopping.
3383 (e) For all drivers, failing to obey a traffic control
3384 device or all directions of an enforcement official at the
3385 crossing.
3386 (f) For all drivers, failing to negotiate a crossing
3387 because of insufficient undercarriage clearance.
3388 (10)(a) A driver must be disqualified for at least not less
3389 than 60 days if the driver is convicted of or otherwise found to
3390 have committed a first violation of a railroad-highway grade
3391 crossing violation.
3392 (b) A driver must be disqualified for at least not less
3393 than 120 days if, for offenses occurring during any 3-year
3394 period, the driver is convicted of or otherwise found to have
3395 committed a second railroad-highway grade crossing violation in
3396 separate incidents.
3397 (c) A driver must be disqualified for at least not less
3398 than 1 year if, for offenses occurring during any 3-year period,
3399 the driver is convicted of or otherwise found to have committed
3400 a third or subsequent railroad-highway grade crossing violation
3401 in separate incidents.
3402 Section 52. Section 322.64, Florida Statutes, is amended to
3403 read:
3404 322.64 Holder of commercial driver driver’s license;
3405 persons operating a commercial motor vehicle; driving with
3406 unlawful blood-alcohol level; refusal to submit to breath,
3407 urine, or blood test.—
3408 (1)(a) A law enforcement officer or correctional officer
3409 shall, on behalf of the department, disqualify from operating
3410 any commercial motor vehicle a person who while operating or in
3411 actual physical control of a commercial motor vehicle is
3412 arrested for a violation of s. 316.193, relating to unlawful
3413 blood-alcohol level or breath-alcohol level, or a person who has
3414 refused to submit to a breath, urine, or blood test authorized
3415 by s. 322.63 or s. 316.1932 arising out of the operation or
3416 actual physical control of a commercial motor vehicle. A law
3417 enforcement officer or correctional officer shall, on behalf of
3418 the department, disqualify the holder of a commercial driver
3419 driver’s license from operating any commercial motor vehicle if
3420 the licenseholder, while operating or in actual physical control
3421 of a motor vehicle, is arrested for a violation of s. 316.193,
3422 relating to unlawful blood-alcohol level or breath-alcohol
3423 level, or refused to submit to a breath, urine, or blood test
3424 authorized by s. 322.63 or s. 316.1932. Upon disqualification of
3425 the person, the officer shall take the person’s driver driver’s
3426 license and issue the person a 10-day temporary permit for the
3427 operation of noncommercial vehicles only if the person is
3428 otherwise eligible for the driving privilege and shall issue the
3429 person a notice of disqualification. If the person has been
3430 given a blood, breath, or urine test, the results of which are
3431 not available to the officer at the time of the arrest, the
3432 agency employing the officer shall transmit such results to the
3433 department within 5 days after receipt of the results. If the
3434 department then determines that the person had a blood-alcohol
3435 level or breath-alcohol level of 0.08 or higher, the department
3436 shall disqualify the person from operating a commercial motor
3437 vehicle pursuant to subsection (3).
3438 (b) For purposes of determining the period of
3439 disqualification described in 49 C.F.R. s. 383.51, a
3440 disqualification under paragraph (a) shall be considered a
3441 conviction.
3442 (c)(b) The disqualification under paragraph (a) shall be
3443 pursuant to, and the notice of disqualification shall inform the
3444 driver of, the following:
3445 1.a. The driver refused to submit to a lawful breath,
3446 blood, or urine test and he or she is disqualified from
3447 operating a commercial motor vehicle for the time period
3448 specified in 49 C.F.R. s. 383.51 for a period of 1 year, for a
3449 first refusal, or permanently, if he or she has previously been
3450 disqualified under this section; or
3451 b. The driver had an unlawful blood-alcohol level of 0.08
3452 or higher while was driving or in actual physical control of a
3453 commercial motor vehicle, or any motor vehicle if the driver
3454 holds a commercial driver driver’s license, had an unlawful
3455 blood-alcohol level or breath-alcohol level of 0.08 or higher,
3456 and his or her driving privilege is shall be disqualified for
3457 the time period specified in 49 C.F.R. s. 383.51 a period of 1
3458 year for a first offense or permanently disqualified if his or
3459 her driving privilege has been previously disqualified under
3460 this section.
3461 2. The disqualification period for operating commercial
3462 vehicles shall commence on the date of issuance of the notice of
3463 disqualification.
3464 3. The driver may request a formal or informal review of
3465 the disqualification by the department within 10 days after the
3466 date of issuance of the notice of disqualification.
3467 4. The temporary permit issued at the time of
3468 disqualification expires at midnight of the 10th day following
3469 the date of disqualification.
3470 5. The driver may submit to the department any materials
3471 relevant to the disqualification.
3472 (2)(a) Except as provided in paragraph (1)(a), the law
3473 enforcement officer shall forward to the department, within 5
3474 days after the date of the issuance of the notice of
3475 disqualification, a copy of the notice of disqualification, the
3476 driver driver’s license of the person disqualified, and an
3477 affidavit stating the officer’s grounds for belief that the
3478 person disqualified was operating or in actual physical control
3479 of a commercial motor vehicle, or holds a commercial driver
3480 driver’s license, and had an unlawful blood-alcohol or breath
3481 alcohol level; the results of any breath or blood or urine test
3482 or an affidavit stating that a breath, blood, or urine test was
3483 requested by a law enforcement officer or correctional officer
3484 and that the person arrested refused to submit; a copy of the
3485 notice of disqualification issued to the person; and the
3486 officer’s description of the person’s field sobriety test, if
3487 any. The failure of the officer to submit materials within the
3488 5-day period specified in this subsection or subsection (1) does
3489 not affect the department’s ability to consider any evidence
3490 submitted at or prior to the hearing.
3491 (b) The officer may also submit a copy of a video recording
3492 videotape of the field sobriety test or the attempt to
3493 administer such test and a copy of the crash report, if any.
3494 Notwithstanding s. 316.066, the crash report shall be considered
3495 by the hearing officer.
3496 (3) If the department determines that the person arrested
3497 should be disqualified from operating a commercial motor vehicle
3498 pursuant to this section and if the notice of disqualification
3499 has not already been served upon the person by a law enforcement
3500 officer or correctional officer as provided in subsection (1),
3501 the department shall issue a notice of disqualification and,
3502 unless the notice is mailed pursuant to s. 322.251, a temporary
3503 permit which expires 10 days after the date of issuance if the
3504 driver is otherwise eligible.
3505 (4) If the person disqualified requests an informal review
3506 pursuant to subparagraph (1)(c)3. (1)(b)3., the department shall
3507 conduct the informal review by a hearing officer designated
3508 employed by the department. Such informal review hearing shall
3509 consist solely of an examination by the department of the
3510 materials submitted by a law enforcement officer or correctional
3511 officer and by the person disqualified, and the presence of an
3512 officer or witness is not required.
3513 (5) After completion of the informal review, notice of the
3514 department’s decision sustaining, amending, or invalidating the
3515 disqualification must be provided to the person. Such notice
3516 must be mailed to the person at the last known address shown on
3517 the department’s records, and to the address provided in the law
3518 enforcement officer’s report if such address differs from the
3519 address of record, within 21 days after the expiration of the
3520 temporary permit issued pursuant to subsection (1) or subsection
3521 (3).
3522 (6)(a) If the person disqualified requests a formal review,
3523 the department must schedule a hearing to be held within 30 days
3524 after such request is received by the department and must notify
3525 the person of the date, time, and place of the hearing.
3526 (b) Such formal review hearing shall be held before a
3527 hearing officer designated employed by the department, and the
3528 hearing officer shall be authorized to administer oaths, examine
3529 witnesses and take testimony, receive relevant evidence, issue
3530 subpoenas for the officers and witnesses identified in documents
3531 provided under paragraph (2)(a) as provided in subsection (2),
3532 regulate the course and conduct of the hearing, and make a
3533 ruling on the disqualification. The hearing officer may conduct
3534 hearings using communications technology. The department and the
3535 person disqualified may subpoena witnesses, and the party
3536 requesting the presence of a witness shall be responsible for
3537 the payment of any witness fees. If the person who requests a
3538 formal review hearing fails to appear and the hearing officer
3539 finds such failure to be without just cause, the right to a
3540 formal hearing is waived.
3541 (c) The failure of a subpoenaed witness to appear at the
3542 formal review hearing shall not be grounds to invalidate the
3543 disqualification. If a witness fails to appear, a party may seek
3544 enforcement of a subpoena under paragraph (b) by filing a
3545 petition for enforcement in the circuit court of the judicial
3546 circuit in which the person failing to comply with the subpoena
3547 resides or by filing a motion for enforcement in any criminal
3548 court case resulting from the driving or actual physical control
3549 of a motor vehicle or commercial motor vehicle that gave rise to
3550 the disqualification under this section. A failure to comply
3551 with an order of the court shall result in a finding of contempt
3552 of court. However, a person shall not be in contempt while a
3553 subpoena is being challenged.
3554 (d) The department must, within 7 working days after a
3555 formal review hearing, send notice to the person of the hearing
3556 officer’s decision as to whether sufficient cause exists to
3557 sustain, amend, or invalidate the disqualification.
3558 (7) In a formal review hearing under subsection (6) or an
3559 informal review hearing under subsection (4), the hearing
3560 officer shall determine by a preponderance of the evidence
3561 whether sufficient cause exists to sustain, amend, or invalidate
3562 the disqualification. The scope of the review shall be limited
3563 to the following issues:
3564 (a) If the person was disqualified from operating a
3565 commercial motor vehicle for driving with an unlawful blood
3566 alcohol level:
3567 1. Whether the arresting law enforcement officer had
3568 probable cause to believe that the person was driving or in
3569 actual physical control of a commercial motor vehicle, or any
3570 motor vehicle if the driver holds a commercial driver driver’s
3571 license, in this state while he or she had any alcohol, chemical
3572 substances, or controlled substances in his or her body.
3573 2. Whether the person had an unlawful blood-alcohol level
3574 or breath-alcohol level of 0.08 or higher.
3575 (b) If the person was disqualified from operating a
3576 commercial motor vehicle for refusal to submit to a breath,
3577 blood, or urine test:
3578 1. Whether the law enforcement officer had probable cause
3579 to believe that the person was driving or in actual physical
3580 control of a commercial motor vehicle, or any motor vehicle if
3581 the driver holds a commercial driver driver’s license, in this
3582 state while he or she had any alcohol, chemical substances, or
3583 controlled substances in his or her body.
3584 2. Whether the person refused to submit to the test after
3585 being requested to do so by a law enforcement officer or
3586 correctional officer.
3587 3. Whether the person was told that if he or she refused to
3588 submit to such test he or she would be disqualified from
3589 operating a commercial motor vehicle for a period of 1 year or,
3590 if previously disqualified under this section, permanently.
3591 (8) Based on the determination of the hearing officer
3592 pursuant to subsection (7) for both informal hearings under
3593 subsection (4) and formal hearings under subsection (6), the
3594 department shall:
3595 (a) sustain the disqualification for the time period
3596 described in 49 C.F.R. s. 383.51 a period of 1 year for a first
3597 refusal, or permanently if such person has been previously
3598 disqualified from operating a commercial motor vehicle under
3599 this section. The disqualification period commences on the date
3600 of the issuance of the notice of disqualification.
3601 (b) Sustain the disqualification:
3602 1. For a period of 1 year if the person was driving or in
3603 actual physical control of a commercial motor vehicle, or any
3604 motor vehicle if the driver holds a commercial driver’s license,
3605 and had an unlawful blood-alcohol level or breath-alcohol level
3606 of 0.08 or higher; or
3607 2. Permanently if the person has been previously
3608 disqualified from operating a commercial motor vehicle under
3609 this section or his or her driving privilege has been previously
3610 suspended for driving or being in actual physical control of a
3611 commercial motor vehicle, or any motor vehicle if the driver
3612 holds a commercial driver’s license, and had an unlawful blood
3613 alcohol level or breath-alcohol level of 0.08 or higher.
3614
3615 The disqualification period commences on the date of the
3616 issuance of the notice of disqualification.
3617 (9) A request for a formal review hearing or an informal
3618 review hearing shall not stay the disqualification. If the
3619 department fails to schedule the formal review hearing to be
3620 held within 30 days after receipt of the request therefor, the
3621 department shall invalidate the disqualification. If the
3622 scheduled hearing is continued at the department’s initiative or
3623 the driver enforces the subpoena as provided in subsection (6),
3624 the department shall issue a temporary driving permit limited to
3625 noncommercial vehicles which is valid until the hearing is
3626 conducted if the person is otherwise eligible for the driving
3627 privilege. Such permit shall not be issued to a person who
3628 sought and obtained a continuance of the hearing. The permit
3629 issued under this subsection shall authorize driving for
3630 business purposes only.
3631 (10) A person who is disqualified from operating a
3632 commercial motor vehicle under subsection (1) or subsection (3)
3633 is eligible for issuance of a license for business or employment
3634 purposes only under s. 322.271 if the person is otherwise
3635 eligible for the driving privilege. However, such business or
3636 employment purposes license shall not authorize the driver to
3637 operate a commercial motor vehicle.
3638 (11) The formal review hearing may be conducted upon a
3639 review of the reports of a law enforcement officer or a
3640 correctional officer, including documents relating to the
3641 administration of a breath test or blood test or the refusal to
3642 take either test. However, as provided in subsection (6), the
3643 driver may subpoena the officer or any person who administered
3644 or analyzed a breath or blood test. If the arresting officer or
3645 the breath technician fails to appear pursuant to a subpoena as
3646 provided in subsection (6), the department shall invalidate the
3647 disqualification.
3648 (12) The formal review hearing and the informal review
3649 hearing are exempt from the provisions of chapter 120. The
3650 department may is authorized to adopt rules for the conduct of
3651 reviews under this section.
3652 (13) A person may appeal any decision of the department
3653 sustaining the disqualification from operating a commercial
3654 motor vehicle by a petition for writ of certiorari to the
3655 circuit court in the county wherein such person resides or
3656 wherein a formal or informal review was conducted pursuant to s.
3657 322.31. However, an appeal shall not stay the disqualification.
3658 This subsection shall not be construed to provide for a de novo
3659 review appeal.
3660 (14) The decision of the department under this section
3661 shall not be considered in any trial for a violation of s.
3662 316.193, s. 322.61, or s. 322.62, nor shall any written
3663 statement submitted by a person in his or her request for
3664 departmental review under this section be admissible into
3665 evidence against him or her in any such trial. The disposition
3666 of any related criminal proceedings shall not affect a
3667 disqualification imposed pursuant to this section.
3668 (15) This section does not preclude the suspension of the
3669 driving privilege pursuant to s. 322.2615. The driving privilege
3670 of a person who has been disqualified from operating a
3671 commercial motor vehicle also may be suspended for a violation
3672 of s. 316.193.
3673 Section 53. Section 323.002, Florida Statutes, is amended
3674 to read:
3675 323.002 County and municipal wrecker operator systems;
3676 penalties for operation outside of system.—
3677 (1) As used in this section, the term:
3678 (a) “Authorized wrecker operator” means any wrecker
3679 operator who has been designated as part of the wrecker operator
3680 system established by the governmental unit having jurisdiction
3681 over the scene of a wrecked or disabled vehicle.
3682 (b) “Unauthorized wrecker operator” means any wrecker
3683 operator who has not been designated as part of the wrecker
3684 operator system established by the governmental unit having
3685 jurisdiction over the scene of a wrecked or disabled vehicle.
3686 (c) “Wrecker operator system” means a system for the towing
3687 or removal of wrecked, disabled, or abandoned vehicles, similar
3688 to the Florida Highway Patrol wrecker operator system described
3689 in s. 321.051(2), under which a county or municipality contracts
3690 with one or more wrecker operators for the towing or removal of
3691 wrecked, disabled, or abandoned vehicles from accident scenes,
3692 streets, or highways. A wrecker operator system must include a
3693 requirement that authorized wrecker operators must maintain
3694 liability insurance of at least $300,000, and on-hook cargo
3695 insurance of at least $50,000. A wrecker operator system must
3696 shall include using a method for apportioning the towing
3697 assignments among the eligible wrecker operators through the
3698 creation of geographic zones, a rotation schedule, or a
3699 combination of these methods.
3700 (2) In any county or municipality that operates a wrecker
3701 operator system:
3702 (a) It is unlawful for an unauthorized wrecker operator or
3703 its employees or agents to monitor police radio for
3704 communications between patrol field units and the dispatcher in
3705 order to determine the location of a wrecked or disabled vehicle
3706 for the purpose of driving by the scene of such vehicle in a
3707 manner described in paragraph (b) or paragraph (c). Any person
3708 who violates this paragraph commits is guilty of a noncriminal
3709 violation, punishable as provided in s. 775.083, and a wrecker,
3710 tow truck, or other motor vehicle used during the violation may
3711 be immediately removed and impounded pursuant to subsection (3).
3712 (b) It is unlawful for an unauthorized wrecker operator to
3713 drive by the scene of a wrecked or disabled vehicle before the
3714 arrival of an authorized wrecker operator, initiate contact with
3715 the owner or operator of such vehicle by soliciting or offering
3716 towing services, and tow such vehicle. Any person who violates
3717 this paragraph commits is guilty of a misdemeanor of the second
3718 degree, punishable as provided in s. 775.082 or s. 775.083, and
3719 a wrecker, tow truck, or other motor vehicle used during the
3720 violation may be immediately removed and impounded pursuant to
3721 subsection (3).
3722 (c) If when an unauthorized wrecker operator drives by the
3723 scene of a wrecked or disabled vehicle and the owner or operator
3724 initiates contact by signaling the wrecker operator to stop and
3725 provide towing services, the unauthorized wrecker operator must
3726 disclose in writing to the owner or operator of the disabled
3727 vehicle his or her full name, driver license number, that he or
3728 she is not the authorized wrecker operator who has been
3729 designated as part of the wrecker operator system, that the
3730 motor vehicle is not being towed for the owner’s or operator’s
3731 insurance company or lienholder, and the maximum must disclose,
3732 in writing, a fee schedule that includes what charges for towing
3733 and storage which will apply before the vehicle is connected to
3734 or disconnected from the towing apparatus. If a law enforcement
3735 officer is present at the scene of a motor vehicle accident, the
3736 unauthorized wrecker operator must provide such disclosures to
3737 the owner or operator of the disabled vehicle in the presence of
3738 the law enforcement officer The fee charged per mile to and from
3739 the storage facility, the fee charged per 24 hours of storage,
3740 and, prominently displayed, the consumer hotline for the
3741 Department of Agriculture and Consumer Services. Any person who
3742 violates this paragraph commits is guilty of a misdemeanor of
3743 the second degree, punishable as provided in s. 775.082 or s.
3744 775.083, and a wrecker, tow truck, or other motor vehicle used
3745 during the violation may be immediately removed and impounded
3746 pursuant to subsection (3).
3747 (d) At the scene of a wrecked or disabled vehicle, it is
3748 unlawful for a wrecker operator to falsely identify himself or
3749 herself as being part of the wrecker operator system. Any person
3750 who violates this paragraph commits is guilty of a misdemeanor
3751 of the first degree, punishable as provided in s. 775.082 or s.
3752 775.083, and a wrecker, tow truck, or other motor vehicle used
3753 during the violation may be immediately removed and impounded
3754 pursuant to subsection (3).
3755 (3)(a) A law enforcement officer from a local governmental
3756 agency or a state law enforcement agency may cause a wrecker,
3757 tow truck, or other motor vehicle that is used in violation of
3758 subsection (2) to be immediately removed and impounded from the
3759 scene of a wreck or disabled vehicle at the unauthorized wrecker
3760 operator’s expense. The unauthorized wrecker operator shall be
3761 assessed a cost-recovery fine as provided in paragraph (b) by
3762 the authority that ordered the immediate removal and impoundment
3763 of the wrecker, tow truck, or other motor vehicle. A wrecker,
3764 tow truck, or other motor vehicle that is removed and impounded
3765 pursuant to this section may not be released from an impound or
3766 towing and storage facility until a release form has been
3767 completed by the authority that ordered the immediate removal
3768 and impoundment of the wrecker, tow truck, or other motor
3769 vehicle under this section. The release form must verify that
3770 the cost-recovery fine as provided in paragraph (b) has been
3771 paid to such authority. The vehicle must remain impounded until
3772 the cost-recovery fine has been paid or until the vehicle is
3773 sold at public sale pursuant to s. 713.78.
3774 (b) Notwithstanding any other provision of law to the
3775 contrary, an unauthorized wrecker operator, upon retrieval of a
3776 wrecker, tow truck, or other motor vehicle removed or impounded
3777 pursuant to this section, in addition to any other penalties
3778 that may be imposed for noncriminal violations, shall pay a
3779 cost-recovery fine of $500 for a first-time violation of
3780 subsection (2), or a fine of $1,000 for each subsequent
3781 violation, to the authority that ordered the immediate removal
3782 and impoundment of the wrecker, tow truck, or other motor
3783 vehicle under this section. Cost-recovery funds collected
3784 pursuant to this subsection shall be retained by the authority
3785 that ordered the removal and impoundment of the wrecker, tow
3786 truck, or other motor vehicle and may be used only for
3787 enforcement, investigation, prosecution, and training related to
3788 towing violations and crimes involving motor vehicles.
3789 (c) Notwithstanding any other provision of law to the
3790 contrary and in addition to the cost-recovery fine required by
3791 this subsection, a person who violates any provision of
3792 subsection (2) shall pay the fees associated with the removal
3793 and storage of an unauthorized wrecker, tow truck, or other
3794 motor vehicle.
3795 (4)(3) This section does not prohibit, or in any way
3796 prevent, the owner or operator of a vehicle involved in an
3797 accident or otherwise disabled from contacting any wrecker
3798 operator for the provision of towing services, whether the
3799 wrecker operator is an authorized wrecker operator or not.
3800 Section 54. Paragraph (a) of subsection (1) of section
3801 324.0221, Florida Statutes, is amended to read:
3802 324.0221 Reports by insurers to the department; suspension
3803 of driver driver’s license and vehicle registrations;
3804 reinstatement.—
3805 (1)(a) Each insurer that has issued a policy providing
3806 personal injury protection coverage or property damage liability
3807 coverage shall report the renewal, cancellation, or nonrenewal
3808 thereof to the department within 10 45 days after the processing
3809 effective date of each renewal, cancellation, or nonrenewal.
3810 Upon the issuance of a policy providing personal injury
3811 protection coverage or property damage liability coverage to a
3812 named insured not previously insured by the insurer during that
3813 calendar year, the insurer shall report the issuance of the new
3814 policy to the department within 10 30 days. The report shall be
3815 in the form and format and contain any information required by
3816 the department and must be provided in a format that is
3817 compatible with the data processing capabilities of the
3818 department. The department may adopt rules regarding the form
3819 and documentation required. Failure by an insurer to file proper
3820 reports with the department as required by this subsection or
3821 rules adopted with respect to the requirements of this
3822 subsection constitutes a violation of the Florida Insurance
3823 Code. These records shall be used by the department only for
3824 enforcement and regulatory purposes, including the generation by
3825 the department of data regarding compliance by owners of motor
3826 vehicles with the requirements for financial responsibility
3827 coverage.
3828 Section 55. Section 324.031, Florida Statutes, is amended
3829 to read:
3830 324.031 Manner of proving financial responsibility.—The
3831 owner or operator of a taxicab, limousine, jitney, or any other
3832 for-hire passenger transportation vehicle may prove financial
3833 responsibility by providing satisfactory evidence of holding a
3834 motor vehicle liability policy as defined in s. 324.021(8) or s.
3835 324.151, which policy is issued by an insurance carrier which is
3836 a member of the Florida Insurance Guaranty Association. The
3837 operator or owner of any other vehicle may prove his or her
3838 financial responsibility by:
3839 (1) Furnishing satisfactory evidence of holding a motor
3840 vehicle liability policy as defined in ss. 324.021(8) and
3841 324.151;
3842 (2) Posting with the department a satisfactory bond of a
3843 surety company authorized to do business in this state,
3844 conditioned for payment of the amount specified in s.
3845 324.021(7);
3846 (2)(3) Furnishing a certificate of self-insurance the
3847 department showing a deposit of cash or securities in accordance
3848 with s. 324.161; or
3849 (3)(4) Furnishing a certificate of self-insurance issued by
3850 the department in accordance with s. 324.171.
3851
3852 Any person, including any firm, partnership, association,
3853 corporation, or other person, other than a natural person,
3854 electing to use the method of proof specified in subsection (2)
3855 or subsection (3) shall furnish a certificate of post a bond or
3856 deposit equal to the number of vehicles owned times $30,000, to
3857 a maximum of $120,000; in addition, any such person, other than
3858 a natural person, shall maintain insurance providing coverage in
3859 excess of limits of $10,000/20,000/10,000 or $30,000 combined
3860 single limits, and such excess insurance shall provide minimum
3861 limits of $125,000/250,000/50,000 or $300,000 combined single
3862 limits. These increased limits shall not affect the requirements
3863 for proving financial responsibility under s. 324.032(1).
3864 Section 56. Subsection (1) of section 324.091, Florida
3865 Statutes, is amended to read:
3866 324.091 Notice to department; notice to insurer.—
3867 (1) Each owner and operator involved in a crash or
3868 conviction case within the purview of this chapter shall furnish
3869 evidence of automobile liability insurance or, motor vehicle
3870 liability insurance, or a surety bond within 14 days after the
3871 date of the mailing of notice of crash by the department in the
3872 form and manner as it may designate. Upon receipt of evidence
3873 that an automobile liability policy or, motor vehicle liability
3874 policy, or surety bond was in effect at the time of the crash or
3875 conviction case, the department shall forward by United States
3876 mail, postage prepaid, to the insurer or surety insurer a copy
3877 of such information for verification in a method as determined
3878 by the department. and shall assume that the policy or bond was
3879 in effect, unless The insurer shall respond to or surety insurer
3880 notifies the department otherwise within 20 days after the
3881 mailing of the notice whether or not such information is valid
3882 to the insurer or surety insurer. However, If the department
3883 later determines that an automobile liability policy or, motor
3884 vehicle liability policy, or surety bond was not in effect and
3885 did not provide coverage for both the owner and the operator, it
3886 shall take action as it is otherwise authorized to do under this
3887 chapter. Proof of mailing to the insurer or surety insurer may
3888 be made by the department by naming the insurer or surety
3889 insurer to whom the mailing was made and by specifying the time,
3890 place, and manner of mailing.
3891 Section 57. Section 324.161, Florida Statutes, is amended
3892 to read:
3893 324.161 Proof of financial responsibility; surety bond or
3894 deposit.—Annually, before any certificate of insurance may be
3895 issued to a person, including any firm, partnership,
3896 association, corporation, or other person, other than a natural
3897 person, proof of a certificate of deposit of $30,000 issued and
3898 held by a financial institution must be submitted to the
3899 department. A power of attorney will be issued to and held by
3900 the department and may be executed upon The certificate of the
3901 department of a deposit may be obtained by depositing with it
3902 $30,000 cash or securities such as may be legally purchased by
3903 savings banks or for trust funds, of a market value of $30,000
3904 and which deposit shall be held by the department to satisfy, in
3905 accordance with the provisions of this chapter, any execution on
3906 a judgment issued against such person making the deposit, for
3907 damages because of bodily injury to or death of any person or
3908 for damages because of injury to or destruction of property
3909 resulting from the use or operation of any motor vehicle
3910 occurring after such deposit was made. Money or securities so
3911 deposited shall not be subject to attachment or execution unless
3912 such attachment or execution shall arise out of a suit for
3913 damages as aforesaid.
3914 Section 58. Paragraph (a) of subsection (1) of section
3915 328.01, Florida Statutes, is amended to read:
3916 328.01 Application for certificate of title.—
3917 (1)(a) The owner of a vessel which is required to be titled
3918 shall apply to the county tax collector for a certificate of
3919 title. The application shall include the true name of the owner,
3920 the residence or business address of the owner, and the complete
3921 description of the vessel, including the hull identification
3922 number, except that an application for a certificate of title
3923 for a homemade vessel shall state all the foregoing information
3924 except the hull identification number. The application shall be
3925 signed by the owner and shall be accompanied by personal or
3926 business identification and the prescribed fee. An individual
3927 applicant must provide a valid driver license or identification
3928 card issued by this state or another state or a valid passport.
3929 A business applicant must provide a federal employer
3930 identification number, if applicable, verification that the
3931 business is authorized to conduct business in the state, or a
3932 Florida city or county business license or number, which may
3933 include, but need not be limited to, a driver’s license number,
3934 Florida identification card number, or federal employer
3935 identification number, and the prescribed fee.
3936 Section 59. Paragraph (a) of subsection (1) of section
3937 328.48, Florida Statutes, is amended to read:
3938 328.48 Vessel registration, application, certificate,
3939 number, decal, duplicate certificate.—
3940 (1)(a) The owner of each vessel required by this law to pay
3941 a registration fee and secure an identification number shall
3942 file an application with the county tax collector. The
3943 application shall provide the owner’s name and address;
3944 residency status; personal or business identification, which may
3945 include, but need not be limited to, a driver’s license number,
3946 Florida identification card number, or federal employer
3947 identification number; and a complete description of the vessel,
3948 and shall be accompanied by payment of the applicable fee
3949 required in s. 328.72. An individual applicant must provide a
3950 valid driver license or identification card issued by this state
3951 or another state or a valid passport. A business applicant must
3952 provide a federal employer identification number, if applicable,
3953 verification that the business is authorized to conduct business
3954 in the state, or a Florida city or county business license or
3955 number. Registration is not required for any vessel that is not
3956 used on the waters of this state.
3957 Section 60. Subsection (1) of section 328.76, Florida
3958 Statutes, is amended to read:
3959 328.76 Marine Resources Conservation Trust Fund; vessel
3960 registration funds; appropriation and distribution.—
3961 (1) Except as otherwise specified in this subsection and
3962 less the amount equal to $1.4 million for any administrative
3963 costs which shall be deposited in the Highway Safety Operating
3964 Trust Fund, in each fiscal year beginning on or after July 1,
3965 2001, all funds collected from the registration of vessels
3966 through the Department of Highway Safety and Motor Vehicles and
3967 the tax collectors of the state, except for those funds
3968 designated as the county portion pursuant to s. 328.72(1), shall
3969 be deposited in the Marine Resources Conservation Trust Fund for
3970 recreational channel marking; public launching facilities; law
3971 enforcement and quality control programs; aquatic weed control;
3972 manatee protection, recovery, rescue, rehabilitation, and
3973 release; and marine mammal protection and recovery. The funds
3974 collected pursuant to s. 328.72(1) shall be transferred as
3975 follows:
3976 (a) In each fiscal year, an amount equal to $1.50 for each
3977 commercial and recreational vessel registered in this state
3978 shall be transferred by the Department of Highway Safety and
3979 Motor Vehicles to the Save the Manatee Trust Fund and shall be
3980 used only for the purposes specified in s. 379.2431(4).
3981 (b) An amount equal to $2 from each recreational vessel
3982 registration fee, except that for class A-1 vessels, shall be
3983 transferred by the Department of Highway Safety and Motor
3984 Vehicles to the Invasive Plant Control Trust Fund in the Fish
3985 and Wildlife Conservation Commission for aquatic weed research
3986 and control.
3987 (c) An amount equal to 40 percent of the registration fees
3988 from commercial vessels shall be transferred by the Department
3989 of Highway Safety and Motor Vehicles to the Invasive Plant
3990 Control Trust Fund in the Fish and Wildlife Conservation
3991 Commission for aquatic plant research and control.
3992 (d) An amount equal to 40 percent of the registration fees
3993 from commercial vessels shall be transferred by the Department
3994 of Highway Safety and Motor Vehicles, on a monthly basis, to the
3995 General Inspection Trust Fund of the Department of Agriculture
3996 and Consumer Services. These funds shall be used for shellfish
3997 and aquaculture law enforcement and quality control programs.
3998 Section 61. Subsections (1), (2), (3), (4), (9), and (13)
3999 of section 713.585, Florida Statutes, are amended to read:
4000 713.585 Enforcement of lien by sale of motor vehicle.—A
4001 person claiming a lien under s. 713.58 for performing labor or
4002 services on a motor vehicle may enforce such lien by sale of the
4003 vehicle in accordance with the following procedures:
4004 (1) The lienor must give notice, by certified mail, return
4005 receipt requested, within 15 business days, excluding Saturday
4006 and Sunday, from the beginning date of the assessment of storage
4007 charges on said motor vehicle, to the registered owner of the
4008 vehicle, to the customer as indicated on the order for repair,
4009 and to all other persons claiming an interest in or lien
4010 thereon, as disclosed by the records of the Department of
4011 Highway Safety and Motor Vehicles or as disclosed by the records
4012 of any of a corresponding agency of any other state in which the
4013 vehicle is identified through a records check of the National
4014 Motor Vehicle Title Information System as being the current
4015 state where the vehicle is titled appears registered. Such
4016 notice must contain:
4017 (a) A description of the vehicle (year, make, vehicle
4018 identification number) and its location.
4019 (b) The name and address of the owner of the vehicle, the
4020 customer as indicated on the order for repair, and any person
4021 claiming an interest in or lien thereon.
4022 (c) The name, address, and telephone number of the lienor.
4023 (d) Notice that the lienor claims a lien on the vehicle for
4024 labor and services performed and storage charges, if any, and
4025 the cash sum which, if paid to the lienor, would be sufficient
4026 to redeem the vehicle from the lien claimed by the lienor.
4027 (e) Notice that the lien claimed by the lienor is subject
4028 to enforcement pursuant to this section and that the vehicle may
4029 be sold to satisfy the lien.
4030 (f) If known, the date, time, and location of any proposed
4031 or scheduled sale of the vehicle. No vehicle may be sold earlier
4032 than 60 days after completion of the repair work.
4033 (g) Notice that the owner of the vehicle or any person
4034 claiming an interest in or lien thereon has a right to a hearing
4035 at any time prior to the scheduled date of sale by filing a
4036 demand for hearing with the clerk of the circuit court in the
4037 county in which the vehicle is held and mailing copies of the
4038 demand for hearing to all other owners and lienors as reflected
4039 on the notice.
4040 (h) Notice that the owner of the vehicle has a right to
4041 recover possession of the vehicle without instituting judicial
4042 proceedings by posting bond in accordance with the provisions of
4043 s. 559.917.
4044 (i) Notice that any proceeds from the sale of the vehicle
4045 remaining after payment of the amount claimed to be due and
4046 owing to the lienor will be deposited with the clerk of the
4047 circuit court for disposition upon court order pursuant to
4048 subsection (8).
4049 (2) If attempts to locate the owner or lienholder are
4050 unsuccessful after a check of the records of the Department of
4051 Highway Safety and Motor Vehicles and any state disclosed by the
4052 check of the National Motor Vehicle Title Information System,
4053 the lienor must notify the local law enforcement agency in
4054 writing by certified mail or acknowledged hand delivery that the
4055 lienor has been unable to locate the owner or lienholder, that a
4056 physical search of the vehicle has disclosed no ownership
4057 information, and that a good faith effort, including records
4058 checks of the Department of Highway Safety and Motor Vehicles
4059 database and the National Motor Vehicle Title Information
4060 System, has been made. A description of the motor vehicle which
4061 includes the year, make, and identification number must be given
4062 on the notice. This notification must take place within 15
4063 business days, excluding Saturday and Sunday, from the beginning
4064 date of the assessment of storage charges on said motor vehicle.
4065 For purposes of this paragraph, the term “good faith effort”
4066 means that the following checks have been performed by the
4067 company to establish the prior state of registration and title:
4068 (a) A check of the Department of Highway Safety and Motor
4069 Vehicles database for the owner and any lienholder.
4070 (b) A check of the federally mandated electronic National
4071 Motor Vehicle Title Information System to determine the state of
4072 registration when there is not a current title or registration
4073 record for the vehicle on file with the Department of Highway
4074 Safety and Motor Vehicles.
4075 (c)(a) A check of vehicle for any type of tag, tag record,
4076 temporary tag, or regular tag;
4077 (d)(b) A check of vehicle for inspection sticker or other
4078 stickers and decals that could indicate the state of possible
4079 registration; and
4080 (e)(c) A check of the interior of the vehicle for any
4081 papers that could be in the glove box, trunk, or other areas for
4082 the state of registration.
4083 (3) If the date of the sale was not included in the notice
4084 required in subsection (1), notice of the sale must be sent by
4085 certified mail, return receipt requested, not less than 15 days
4086 before the date of sale, to the customer as indicated on the
4087 order for repair, and to all other persons claiming an interest
4088 in or lien on the motor vehicle, as disclosed by the records of
4089 the Department of Highway Safety and Motor Vehicles or of a
4090 corresponding agency of any other state in which the vehicle
4091 appears to have been registered after completion of a check of
4092 the National Motor Vehicle Title Information System. After
4093 diligent search and inquiry, if the name and address of the
4094 registered owner or the owner of the recorded lien cannot be
4095 ascertained, the requirements for this notice may be
4096 disregarded.
4097 (4) The lienor, at least 15 days before the proposed or
4098 scheduled date of sale of the vehicle, shall publish the notice
4099 required by this section once in a newspaper circulated in the
4100 county where the vehicle is held. A certificate of compliance
4101 with the notification provisions of this section, verified by
4102 the lienor, together with a copy of the notice and return
4103 receipt for mailing of the notice required by this section, and
4104 proof of publication, and checks of the Department of Highway
4105 Safety and Motor Vehicles and the National Motor Vehicle Title
4106 Information System, must be duly and expeditiously filed with
4107 the clerk of the circuit court in the county where the vehicle
4108 is held. The lienor, at the time of filing the certificate of
4109 compliance, must pay to the clerk of that court a service charge
4110 of $10 for indexing and recording the certificate.
4111 (9) A copy of the certificate of compliance and the report
4112 of sale, certified by the clerk of the court, and proof of the
4113 required check of the National Motor Vehicle Title Information
4114 System shall constitute satisfactory proof for application to
4115 the Department of Highway Safety and Motor Vehicles for transfer
4116 of title, together with any other proof required by any rules
4117 and regulations of the department.
4118 (13) A failure to make good faith efforts as defined in
4119 subsection (2) precludes the imposition of any storage charges
4120 against the vehicle. If a lienor fails to provide notice to any
4121 person claiming a lien on a vehicle under subsection (1) within
4122 15 business days after the assessment of storage charges have
4123 begun, then the lienor is precluded from charging for more than
4124 15 days of storage, but failure to provide timely notice does
4125 not affect charges made for repairs, adjustments, or
4126 modifications to the vehicle or the priority of liens on the
4127 vehicle.
4128 Section 62. Section 713.78, Florida Statutes, is amended to
4129 read:
4130 713.78 Liens for recovering, towing, or storing vehicles
4131 and vessels.—
4132 (1) For the purposes of this section, the term:
4133 (a) “Vehicle” means any mobile item, whether motorized or
4134 not, which is mounted on wheels.
4135 (b) “Vessel” means every description of watercraft, barge,
4136 and airboat used or capable of being used as a means of
4137 transportation on water, other than a seaplane or a “documented
4138 vessel” as defined in s. 327.02(9).
4139 (c) “Wrecker” means any truck or other vehicle which is
4140 used to tow, carry, or otherwise transport motor vehicles or
4141 vessels upon the streets and highways of this state and which is
4142 equipped for that purpose with a boom, winch, car carrier, or
4143 other similar equipment.
4144 (d) “National Motor Vehicle Title Information System” means
4145 the federally authorized electronic National Motor Vehicle Title
4146 Information System.
4147 (2) Whenever a person regularly engaged in the business of
4148 transporting vehicles or vessels by wrecker, tow truck, or car
4149 carrier recovers, removes, or stores a vehicle or vessel upon
4150 instructions from:
4151 (a) The owner thereof;
4152 (b) The owner or lessor, or a person authorized by the
4153 owner or lessor, of property on which such vehicle or vessel is
4154 wrongfully parked, and the removal is done in compliance with s.
4155 715.07; or
4156 (c) The landlord or a person authorized by the landlord,
4157 when such motor vehicle or vessel remained on the premises after
4158 the tenancy terminated and the removal is done in compliance
4159 with s. 715.104; or
4160 (d)(c) Any law enforcement agency,
4161
4162 she or he shall have a lien on the vehicle or vessel for a
4163 reasonable towing fee and for a reasonable storage fee; except
4164 that no storage fee shall be charged if the vehicle is stored
4165 for less than 6 hours.
4166 (3) This section does not authorize any person to claim a
4167 lien on a vehicle for fees or charges connected with the
4168 immobilization of such vehicle using a vehicle boot or other
4169 similar device pursuant to s. 715.07.
4170 (4)(a) Any person regularly engaged in the business of
4171 recovering, towing, or storing vehicles or vessels who comes
4172 into possession of a vehicle or vessel pursuant to subsection
4173 (2), and who claims a lien for recovery, towing, or storage
4174 services, shall give notice to the registered owner, the
4175 insurance company insuring the vehicle notwithstanding the
4176 provisions of s. 627.736, and to all persons claiming a lien
4177 thereon, as disclosed by the records in the Department of
4178 Highway Safety and Motor Vehicles or as disclosed by the records
4179 of any of a corresponding agency in any other state in which the
4180 vehicle is identified through a records check of the National
4181 Motor Vehicle Title Information System as being titled or
4182 registered.
4183 (b) Whenever any law enforcement agency authorizes the
4184 removal of a vehicle or vessel or whenever any towing service,
4185 garage, repair shop, or automotive service, storage, or parking
4186 place notifies the law enforcement agency of possession of a
4187 vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
4188 enforcement agency of the jurisdiction where the vehicle or
4189 vessel is stored shall contact the Department of Highway Safety
4190 and Motor Vehicles, or the appropriate agency of the state of
4191 registration, if known, within 24 hours through the medium of
4192 electronic communications, giving the full description of the
4193 vehicle or vessel. Upon receipt of the full description of the
4194 vehicle or vessel, the department shall search its files to
4195 determine the owner’s name, the insurance company insuring the
4196 vehicle or vessel, and whether any person has filed a lien upon
4197 the vehicle or vessel as provided in s. 319.27(2) and (3) and
4198 notify the applicable law enforcement agency within 72 hours.
4199 The person in charge of the towing service, garage, repair shop,
4200 or automotive service, storage, or parking place shall obtain
4201 such information from the applicable law enforcement agency
4202 within 5 days after the date of storage and shall give notice
4203 pursuant to paragraph (a). The department may release the
4204 insurance company information to the requestor notwithstanding
4205 the provisions of s. 627.736.
4206 (c) Notice by certified mail shall be sent within 7
4207 business days after the date of storage of the vehicle or vessel
4208 to the registered owner, the insurance company insuring the
4209 vehicle notwithstanding the provisions of s. 627.736, and all
4210 persons of record claiming a lien against the vehicle or vessel.
4211 It shall state the fact of possession of the vehicle or vessel,
4212 that a lien as provided in subsection (2) is claimed, that
4213 charges have accrued and the amount thereof, that the lien is
4214 subject to enforcement pursuant to law, and that the owner or
4215 lienholder, if any, has the right to a hearing as set forth in
4216 subsection (5), and that any vehicle or vessel which remains
4217 unclaimed, or for which the charges for recovery, towing, or
4218 storage services remain unpaid, may be sold free of all prior
4219 liens after 35 days if the vehicle or vessel is more than 3
4220 years of age or after 50 days if the vehicle or vessel is 3
4221 years of age or less.
4222 (d) If attempts to locate the name and address of the owner
4223 or lienholder prove unsuccessful, the towing-storage operator
4224 shall, after 7 working days, excluding Saturday and Sunday, of
4225 the initial tow or storage, notify the public agency of
4226 jurisdiction where the vehicle or vessel is stored in writing by
4227 certified mail or acknowledged hand delivery that the towing
4228 storage company has been unable to locate the name and address
4229 of the owner or lienholder and a physical search of the vehicle
4230 or vessel has disclosed no ownership information and a good
4231 faith effort has been made, including records checks of the
4232 Department of Highway Safety and Motor Vehicles and the National
4233 Motor Vehicle Title Information System databases. For purposes
4234 of this paragraph and subsection (9), “good faith effort” means
4235 that the following checks have been performed by the company to
4236 establish prior state of registration and for title:
4237 1. Check of the Department of Highway Safety and Motor
4238 Vehicles database for the owner and any lienholder.
4239 2. Check of the electronic National Motor Vehicle Title
4240 Information System to determine the state of registration when
4241 there is not a current registration record for the vehicle on
4242 file with the Department of Highway Safety and Motor Vehicles.
4243 3.1. Check of vehicle or vessel for any type of tag, tag
4244 record, temporary tag, or regular tag.
4245 4.2. Check of law enforcement report for tag number or
4246 other information identifying the vehicle or vessel, if the
4247 vehicle or vessel was towed at the request of a law enforcement
4248 officer.
4249 5.3. Check of trip sheet or tow ticket of tow truck
4250 operator to see if a tag was on vehicle or vessel at beginning
4251 of tow, if private tow.
4252 6.4. If there is no address of the owner on the impound
4253 report, check of law enforcement report to see if an out-of
4254 state address is indicated from driver license information.
4255 7.5. Check of vehicle or vessel for inspection sticker or
4256 other stickers and decals that may indicate a state of possible
4257 registration.
4258 8.6. Check of the interior of the vehicle or vessel for any
4259 papers that may be in the glove box, trunk, or other areas for a
4260 state of registration.
4261 9.7. Check of vehicle for vehicle identification number.
4262 10.8. Check of vessel for vessel registration number.
4263 11.9. Check of vessel hull for a hull identification number
4264 which should be carved, burned, stamped, embossed, or otherwise
4265 permanently affixed to the outboard side of the transom or, if
4266 there is no transom, to the outmost seaboard side at the end of
4267 the hull that bears the rudder or other steering mechanism.
4268 (5)(a) The owner of a vehicle or vessel removed pursuant to
4269 the provisions of subsection (2), or any person claiming a lien,
4270 other than the towing-storage operator, within 10 days after the
4271 time she or he has knowledge of the location of the vehicle or
4272 vessel, may file a complaint in the county court of the county
4273 in which the vehicle or vessel is stored to determine if her or
4274 his property was wrongfully taken or withheld from her or him.
4275 (b) Upon filing of a complaint, an owner or lienholder may
4276 have her or his vehicle or vessel released upon posting with the
4277 court a cash or surety bond or other adequate security equal to
4278 the amount of the charges for towing or storage and lot rental
4279 amount to ensure the payment of such charges in the event she or
4280 he does not prevail. Upon the posting of the bond and the
4281 payment of the applicable fee set forth in s. 28.24, the clerk
4282 of the court shall issue a certificate notifying the lienor of
4283 the posting of the bond and directing the lienor to release the
4284 vehicle or vessel. At the time of such release, after reasonable
4285 inspection, she or he shall give a receipt to the towing-storage
4286 company reciting any claims she or he has for loss or damage to
4287 the vehicle or vessel or the contents thereof.
4288 (c) Upon determining the respective rights of the parties,
4289 the court may award damages, attorney’s fees, and costs in favor
4290 of the prevailing party. In any event, the final order shall
4291 provide for immediate payment in full of recovery, towing, and
4292 storage fees by the vehicle or vessel owner or lienholder; or
4293 the agency ordering the tow; or the owner, lessee, or agent
4294 thereof of the property from which the vehicle or vessel was
4295 removed.
4296 (6) Any vehicle or vessel which is stored pursuant to
4297 subsection (2) and which remains unclaimed, or for which
4298 reasonable charges for recovery, towing, or storing remain
4299 unpaid, and any contents not released pursuant to subsection
4300 (10), may be sold by the owner or operator of the storage space
4301 for such towing or storage charge after 35 days from the time
4302 the vehicle or vessel is stored therein if the vehicle or vessel
4303 is more than 3 years of age or after 50 days following the time
4304 the vehicle or vessel is stored therein if the vehicle or vessel
4305 is 3 years of age or less. The sale shall be at public sale for
4306 cash. If the date of the sale was not included in the notice
4307 required in subsection (4), notice of the sale shall be given to
4308 the person in whose name the vehicle or vessel is registered and
4309 to all persons claiming a lien on the vehicle or vessel as shown
4310 on the records of the Department of Highway Safety and Motor
4311 Vehicles or of any the corresponding agency in any other state
4312 in which the vehicle is identified through a records check of
4313 the National Motor Vehicle Title Information System as being
4314 titled. Notice shall be sent by certified mail to the owner of
4315 the vehicle or vessel and the person having the recorded lien on
4316 the vehicle or vessel at the address shown on the records of the
4317 registering agency and shall be mailed not less than 15 days
4318 before the date of the sale. After diligent search and inquiry,
4319 if the name and address of the registered owner or the owner of
4320 the recorded lien cannot be ascertained, the requirements of
4321 notice by mail may be dispensed with. In addition to the notice
4322 by mail, public notice of the time and place of sale shall be
4323 made by publishing a notice thereof one time, at least 10 days
4324 prior to the date of the sale, in a newspaper of general
4325 circulation in the county in which the sale is to be held. The
4326 proceeds of the sale, after payment of reasonable towing and
4327 storage charges, and costs of the sale, in that order of
4328 priority, shall be deposited with the clerk of the circuit court
4329 for the county if the owner or lienholder is absent, and the
4330 clerk shall hold such proceeds subject to the claim of the owner
4331 or lienholder legally entitled thereto. The clerk shall be
4332 entitled to receive 5 percent of such proceeds for the care and
4333 disbursement thereof. The certificate of title issued under this
4334 law shall be discharged of all liens unless otherwise provided
4335 by court order. The owner or lienholder may file a complaint
4336 after the vehicle or vessel has been sold in the county court of
4337 the county in which it is stored. Upon determining the
4338 respective rights of the parties, the court may award damages,
4339 attorney’s fees, and costs in favor of the prevailing party.
4340 (7)(a) A wrecker operator recovering, towing, or storing
4341 vehicles or vessels is not liable for damages connected with
4342 such services, theft of such vehicles or vessels, or theft of
4343 personal property contained in such vehicles or vessels,
4344 provided that such services have been performed with reasonable
4345 care and provided, further, that, in the case of removal of a
4346 vehicle or vessel upon the request of a person purporting, and
4347 reasonably appearing, to be the owner or lessee, or a person
4348 authorized by the owner or lessee, of the property from which
4349 such vehicle or vessel is removed, such removal has been done in
4350 compliance with s. 715.07. Further, a wrecker operator is not
4351 liable for damage to a vehicle, vessel, or cargo that obstructs
4352 the normal movement of traffic or creates a hazard to traffic
4353 and is removed in compliance with the request of a law
4354 enforcement officer.
4355 (b) For the purposes of this subsection, a wrecker operator
4356 is presumed to use reasonable care to prevent the theft of a
4357 vehicle or vessel or of any personal property contained in such
4358 vehicle stored in the wrecker operator’s storage facility if all
4359 of the following apply:
4360 1. The wrecker operator surrounds the storage facility with
4361 a chain-link or solid-wall type fence at least 6 feet in height;
4362 2. The wrecker operator has illuminated the storage
4363 facility with lighting of sufficient intensity to reveal persons
4364 and vehicles at a distance of at least 150 feet during
4365 nighttime; and
4366 3. The wrecker operator uses one or more of the following
4367 security methods to discourage theft of vehicles or vessels or
4368 of any personal property contained in such vehicles or vessels
4369 stored in the wrecker operator’s storage facility:
4370 a. A night dispatcher or watchman remains on duty at the
4371 storage facility from sunset to sunrise;
4372 b. A security dog remains at the storage facility from
4373 sunset to sunrise;
4374 c. Security cameras or other similar surveillance devices
4375 monitor the storage facility; or
4376 d. A security guard service examines the storage facility
4377 at least once each hour from sunset to sunrise.
4378 (c) Any law enforcement agency requesting that a motor
4379 vehicle be removed from an accident scene, street, or highway
4380 must conduct an inventory and prepare a written record of all
4381 personal property found in the vehicle before the vehicle is
4382 removed by a wrecker operator. However, if the owner or driver
4383 of the motor vehicle is present and accompanies the vehicle, no
4384 inventory by law enforcement is required. A wrecker operator is
4385 not liable for the loss of personal property alleged to be
4386 contained in such a vehicle when such personal property was not
4387 identified on the inventory record prepared by the law
4388 enforcement agency requesting the removal of the vehicle.
4389 (8) A person regularly engaged in the business of
4390 recovering, towing, or storing vehicles or vessels, except a
4391 person licensed under chapter 493 while engaged in
4392 “repossession” activities as defined in s. 493.6101, may not
4393 operate a wrecker, tow truck, or car carrier unless the name,
4394 address, and telephone number of the company performing the
4395 service is clearly printed in contrasting colors on the driver
4396 and passenger sides of its vehicle. The name must be in at least
4397 3-inch permanently affixed letters, and the address and
4398 telephone number must be in at least 1-inch permanently affixed
4399 letters.
4400 (9) Failure to make good faith best efforts to comply with
4401 the notice requirements of this section shall preclude the
4402 imposition of any storage charges against such vehicle or
4403 vessel.
4404 (10) Persons who provide services pursuant to this section
4405 shall permit vehicle or vessel owners, lienholders, insurance
4406 company representatives, or their agents, which agency is
4407 evidenced by an original writing acknowledged by the owner
4408 before a notary public or other person empowered by law to
4409 administer oaths, to inspect the towed vehicle or vessel and
4410 shall release to the owner, lienholder, or agent the vehicle,
4411 vessel, or all personal property not affixed to the vehicle or
4412 vessel which was in the vehicle or vessel at the time the
4413 vehicle or vessel came into the custody of the person providing
4414 such services.
4415 (11)(a) Any person regularly engaged in the business of
4416 recovering, towing, or storing vehicles or vessels who comes
4417 into possession of a vehicle or vessel pursuant to subsection
4418 (2) and who has complied with the provisions of subsections (3)
4419 and (6), when such vehicle or vessel is to be sold for purposes
4420 of being dismantled, destroyed, or changed in such manner that
4421 it is not the motor vehicle or vessel described in the
4422 certificate of title, shall report the vehicle to the National
4423 Motor Vehicle Title Information System and apply to the
4424 Department of Highway Safety and Motor Vehicles county tax
4425 collector for a certificate of destruction. A certificate of
4426 destruction, which authorizes the dismantling or destruction of
4427 the vehicle or vessel described therein, shall be reassignable a
4428 maximum of two times before dismantling or destruction of the
4429 vehicle shall be required, and shall accompany the vehicle or
4430 vessel for which it is issued, when such vehicle or vessel is
4431 sold for such purposes, in lieu of a certificate of title. The
4432 application for a certificate of destruction must include proof
4433 of reporting to the National Motor Vehicle Title Information
4434 System and an affidavit from the applicant that it has complied
4435 with all applicable requirements of this section and, if the
4436 vehicle or vessel is not registered in this state or any other
4437 state, by a statement from a law enforcement officer that the
4438 vehicle or vessel is not reported stolen, and shall be
4439 accompanied by such documentation as may be required by the
4440 department.
4441 (b) The Department of Highway Safety and Motor Vehicles
4442 shall charge a fee of $3 for each certificate of destruction. A
4443 service charge of $4.25 shall be collected and retained by the
4444 tax collector who processes the application.
4445 (c) The Department of Highway Safety and Motor Vehicles may
4446 adopt such rules as it deems necessary or proper for the
4447 administration of this subsection.
4448 (12)(a) Any person who violates any provision of subsection
4449 (1), subsection (2), subsection (4), subsection (5), subsection
4450 (6), or subsection (7) is guilty of a misdemeanor of the first
4451 degree, punishable as provided in s. 775.082 or s. 775.083.
4452 (b) Any person who violates the provisions of subsections
4453 (8) through (11) is guilty of a felony of the third degree,
4454 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4455 (c) Any person who uses a false or fictitious name, gives a
4456 false or fictitious address, or makes any false statement in any
4457 application or affidavit required under the provisions of this
4458 section is guilty of a felony of the third degree, punishable as
4459 provided in s. 775.082, s. 775.083, or s. 775.084.
4460 (d) Employees of the Department of Highway Safety and Motor
4461 Vehicles and law enforcement officers are authorized to inspect
4462 the records of any person regularly engaged in the business of
4463 recovering, towing, or storing vehicles or vessels or
4464 transporting vehicles or vessels by wrecker, tow truck, or car
4465 carrier, to ensure compliance with the requirements of this
4466 section. Any person who fails to maintain records, or fails to
4467 produce records when required in a reasonable manner and at a
4468 reasonable time, commits a misdemeanor of the first degree,
4469 punishable as provided in s. 775.082 or s. 775.083.
4470 (13)(a) Upon receipt by the Department of Highway Safety
4471 and Motor Vehicles of written notice from a wrecker operator who
4472 claims a wrecker operator’s lien under paragraph (2)(c) or
4473 paragraph (2)(d) for recovery, towing, or storage of an
4474 abandoned vehicle or vessel upon instructions from any law
4475 enforcement agency, for which a certificate of destruction has
4476 been issued under subsection (11) and the vehicle has been
4477 reported to the National Motor Vehicle Title Information System,
4478 the department shall place the name of the registered owner of
4479 that vehicle or vessel on the list of those persons who may not
4480 be issued a license plate or revalidation sticker for any motor
4481 vehicle under s. 320.03(8). If the vehicle or vessel is owned
4482 jointly by more than one person, the name of each registered
4483 owner shall be placed on the list. The notice of wrecker
4484 operator’s lien shall be submitted on forms provided by the
4485 department, which must include:
4486 1. The name, address, and telephone number of the wrecker
4487 operator.
4488 2. The name of the registered owner of the vehicle or
4489 vessel and the address to which the wrecker operator provided
4490 notice of the lien to the registered owner under subsection (4).
4491 3. A general description of the vehicle or vessel,
4492 including its color, make, model, body style, and year.
4493 4. The vehicle identification number (VIN); registration
4494 license plate number, state, and year; validation decal number,
4495 state, and year; vessel registration number; hull identification
4496 number; or other identification number, as applicable.
4497 5. The name of the person or the corresponding law
4498 enforcement agency that requested that the vehicle or vessel be
4499 recovered, towed, or stored.
4500 6. The amount of the wrecker operator’s lien, not to exceed
4501 the amount allowed by paragraph (b).
4502 (b) For purposes of this subsection only, the amount of the
4503 wrecker operator’s lien for which the department will prevent
4504 issuance of a license plate or revalidation sticker may not
4505 exceed the amount of the charges for recovery, towing, and
4506 storage of the vehicle or vessel for 7 days. These charges may
4507 not exceed the maximum rates imposed by the ordinances of the
4508 respective county or municipality under ss. 125.0103(1)(c) and
4509 166.043(1)(c). This paragraph does not limit the amount of a
4510 wrecker operator’s lien claimed under subsection (2) or prevent
4511 a wrecker operator from seeking civil remedies for enforcement
4512 of the entire amount of the lien, but limits only that portion
4513 of the lien for which the department will prevent issuance of a
4514 license plate or revalidation sticker.
4515 (c)1. The registered owner of a vehicle or vessel may
4516 dispute a wrecker operator’s lien, by notifying the department
4517 of the dispute in writing on forms provided by the department,
4518 if at least one of the following applies:
4519 a. The registered owner presents a notarized bill of sale
4520 proving that the vehicle or vessel was sold in a private or
4521 casual sale before the vehicle or vessel was recovered, towed,
4522 or stored.
4523 b. The registered owner presents proof that the Florida
4524 certificate of title of the vehicle or vessel was sold to a
4525 licensed dealer as defined in s. 319.001 before the vehicle or
4526 vessel was recovered, towed, or stored.
4527 c. The records of the department were marked “sold” prior
4528 to the date of the tow.
4529
4530 If the registered owner’s dispute of a wrecker operator’s lien
4531 complies with one of these criteria, the department shall
4532 immediately remove the registered owner’s name from the list of
4533 those persons who may not be issued a license plate or
4534 revalidation sticker for any motor vehicle under s. 320.03(8),
4535 thereby allowing issuance of a license plate or revalidation
4536 sticker. If the vehicle or vessel is owned jointly by more than
4537 one person, each registered owner must dispute the wrecker
4538 operator’s lien in order to be removed from the list. However,
4539 the department shall deny any dispute and maintain the
4540 registered owner’s name on the list of those persons who may not
4541 be issued a license plate or revalidation sticker for any motor
4542 vehicle under s. 320.03(8) if the wrecker operator has provided
4543 the department with a certified copy of the judgment of a court
4544 which orders the registered owner to pay the wrecker operator’s
4545 lien claimed under this section. In such a case, the amount of
4546 the wrecker operator’s lien allowed by paragraph (b) may be
4547 increased to include no more than $500 of the reasonable costs
4548 and attorney’s fees incurred in obtaining the judgment. The
4549 department’s action under this subparagraph is ministerial in
4550 nature, shall not be considered final agency action, and is
4551 appealable only to the county court for the county in which the
4552 vehicle or vessel was ordered removed.
4553 2. A person against whom a wrecker operator’s lien has been
4554 imposed may alternatively obtain a discharge of the lien by
4555 filing a complaint, challenging the validity of the lien or the
4556 amount thereof, in the county court of the county in which the
4557 vehicle or vessel was ordered removed. Upon filing of the
4558 complaint, the person may have her or his name removed from the
4559 list of those persons who may not be issued a license plate or
4560 revalidation sticker for any motor vehicle under s. 320.03(8),
4561 thereby allowing issuance of a license plate or revalidation
4562 sticker, upon posting with the court a cash or surety bond or
4563 other adequate security equal to the amount of the wrecker
4564 operator’s lien to ensure the payment of such lien in the event
4565 she or he does not prevail. Upon the posting of the bond and the
4566 payment of the applicable fee set forth in s. 28.24, the clerk
4567 of the court shall issue a certificate notifying the department
4568 of the posting of the bond and directing the department to
4569 release the wrecker operator’s lien. Upon determining the
4570 respective rights of the parties, the court may award damages
4571 and costs in favor of the prevailing party.
4572 3. If a person against whom a wrecker operator’s lien has
4573 been imposed does not object to the lien, but cannot discharge
4574 the lien by payment because the wrecker operator has moved or
4575 gone out of business, the person may have her or his name
4576 removed from the list of those persons who may not be issued a
4577 license plate or revalidation sticker for any motor vehicle
4578 under s. 320.03(8), thereby allowing issuance of a license plate
4579 or revalidation sticker, upon posting with the clerk of court in
4580 the county in which the vehicle or vessel was ordered removed, a
4581 cash or surety bond or other adequate security equal to the
4582 amount of the wrecker operator’s lien. Upon the posting of the
4583 bond and the payment of the application fee set forth in s.
4584 28.24, the clerk of the court shall issue a certificate
4585 notifying the department of the posting of the bond and
4586 directing the department to release the wrecker operator’s lien.
4587 The department shall mail to the wrecker operator, at the
4588 address upon the lien form, notice that the wrecker operator
4589 must claim the security within 60 days, or the security will be
4590 released back to the person who posted it. At the conclusion of
4591 the 60 days, the department shall direct the clerk as to which
4592 party is entitled to payment of the security, less applicable
4593 clerk’s fees.
4594 4. A wrecker operator’s lien expires 5 years after filing.
4595 (d) Upon discharge of the amount of the wrecker operator’s
4596 lien allowed by paragraph (b), the wrecker operator must issue a
4597 certificate of discharged wrecker operator’s lien on forms
4598 provided by the department to each registered owner of the
4599 vehicle or vessel attesting that the amount of the wrecker
4600 operator’s lien allowed by paragraph (b) has been discharged.
4601 Upon presentation of the certificate of discharged wrecker
4602 operator’s lien by the registered owner, the department shall
4603 immediately remove the registered owner’s name from the list of
4604 those persons who may not be issued a license plate or
4605 revalidation sticker for any motor vehicle under s. 320.03(8),
4606 thereby allowing issuance of a license plate or revalidation
4607 sticker. Issuance of a certificate of discharged wrecker
4608 operator’s lien under this paragraph does not discharge the
4609 entire amount of the wrecker operator’s lien claimed under
4610 subsection (2), but only certifies to the department that the
4611 amount of the wrecker operator’s lien allowed by paragraph (b),
4612 for which the department will prevent issuance of a license
4613 plate or revalidation sticker, has been discharged.
4614 (e) When a wrecker operator files a notice of wrecker
4615 operator’s lien under this subsection, the department shall
4616 charge the wrecker operator a fee of $2, which shall be
4617 deposited into the General Revenue Fund. A service charge of
4618 $2.50 shall be collected and retained by the tax collector who
4619 processes a notice of wrecker operator’s lien.
4620 (f) This subsection applies only to the annual renewal in
4621 the registered owner’s birth month of a motor vehicle
4622 registration and does not apply to the transfer of a
4623 registration of a motor vehicle sold by a motor vehicle dealer
4624 licensed under chapter 320, except for the transfer of
4625 registrations which includes the annual renewals. This
4626 subsection does not apply to any vehicle registered in the name
4627 of the lessor. This subsection does not affect the issuance of
4628 the title to a motor vehicle, notwithstanding s. 319.23(8)(b).
4629 (g) The Department of Highway Safety and Motor Vehicles may
4630 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
4631 this subsection.
4632 Section 63. Paragraph (aa) of subsection (7) of section
4633 212.08, Florida Statutes, is amended to read:
4634 212.08 Sales, rental, use, consumption, distribution, and
4635 storage tax; specified exemptions.—The sale at retail, the
4636 rental, the use, the consumption, the distribution, and the
4637 storage to be used or consumed in this state of the following
4638 are hereby specifically exempt from the tax imposed by this
4639 chapter.
4640 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
4641 entity by this chapter do not inure to any transaction that is
4642 otherwise taxable under this chapter when payment is made by a
4643 representative or employee of the entity by any means,
4644 including, but not limited to, cash, check, or credit card, even
4645 when that representative or employee is subsequently reimbursed
4646 by the entity. In addition, exemptions provided to any entity by
4647 this subsection do not inure to any transaction that is
4648 otherwise taxable under this chapter unless the entity has
4649 obtained a sales tax exemption certificate from the department
4650 or the entity obtains or provides other documentation as
4651 required by the department. Eligible purchases or leases made
4652 with such a certificate must be in strict compliance with this
4653 subsection and departmental rules, and any person who makes an
4654 exempt purchase with a certificate that is not in strict
4655 compliance with this subsection and the rules is liable for and
4656 shall pay the tax. The department may adopt rules to administer
4657 this subsection.
4658 (aa) Certain commercial vehicles.—Also exempt is the sale,
4659 lease, or rental of a commercial motor vehicle as defined in s.
4660 207.002 207.002(2), when the following conditions are met:
4661 1. The sale, lease, or rental occurs between two commonly
4662 owned and controlled corporations;
4663 2. Such vehicle was titled and registered in this state at
4664 the time of the sale, lease, or rental; and
4665 3. Florida sales tax was paid on the acquisition of such
4666 vehicle by the seller, lessor, or renter.
4667 Section 64. Subsection (8) of section 261.03, Florida
4668 Statutes, is amended to read:
4669 261.03 Definitions.—As used in this chapter, the term:
4670 (8) “ROV” means any motorized recreational off-highway
4671 vehicle 64 inches or less in width, having a dry weight of 2,000
4672 pounds or less, designed to travel on four or more nonhighway
4673 tires, having nonstraddle seating and a steering wheel, and
4674 manufactured for recreational use by one or more persons. The
4675 term “ROV” does not include a golf cart as defined in ss. 320.01
4676 320.01(22) and 316.003(68) or a low-speed vehicle as defined in
4677 s. 320.01 320.01(42).
4678 Section 65. Section 316.2122, Florida Statutes, is amended
4679 to read:
4680 316.2122 Operation of a low-speed vehicle or mini truck on
4681 certain roadways.—The operation of a low-speed vehicle as
4682 defined in s. 320.01 320.01(42) or a mini truck as defined in s.
4683 320.01 320.01(45) on any road is authorized with the following
4684 restrictions:
4685 (1) A low-speed vehicle or mini truck may be operated only
4686 on streets where the posted speed limit is 35 miles per hour or
4687 less. This does not prohibit a low-speed vehicle or mini truck
4688 from crossing a road or street at an intersection where the road
4689 or street has a posted speed limit of more than 35 miles per
4690 hour.
4691 (2) A low-speed vehicle must be equipped with headlamps,
4692 stop lamps, turn signal lamps, taillamps, reflex reflectors,
4693 parking brakes, rearview mirrors, windshields, seat belts, and
4694 vehicle identification numbers.
4695 (3) A low-speed vehicle or mini truck must be registered
4696 and insured in accordance with s. 320.02 and titled pursuant to
4697 chapter 319.
4698 (4) Any person operating a low-speed vehicle or mini truck
4699 must have in his or her possession a valid driver driver’s
4700 license.
4701 (5) A county or municipality may prohibit the operation of
4702 low-speed vehicles or mini trucks on any road under its
4703 jurisdiction if the governing body of the county or municipality
4704 determines that such prohibition is necessary in the interest of
4705 safety.
4706 (6) The Department of Transportation may prohibit the
4707 operation of low-speed vehicles or mini trucks on any road under
4708 its jurisdiction if it determines that such prohibition is
4709 necessary in the interest of safety.
4710 Section 66. Section 316.2124, Florida Statutes, is amended
4711 to read:
4712 316.2124 Motorized disability access vehicles.—The
4713 Department of Highway Safety and Motor Vehicles is directed to
4714 provide, by rule, for the regulation of motorized disability
4715 access vehicles as described in s. 320.01 320.01(34). The
4716 department shall provide that motorized disability access
4717 vehicles shall be registered in the same manner as motorcycles
4718 and shall pay the same registration fee as for a motorcycle.
4719 There shall also be assessed, in addition to the registration
4720 fee, a $2.50 surcharge for motorized disability access vehicles.
4721 This surcharge shall be paid into the Highway Safety Operating
4722 Trust Fund. Motorized disability access vehicles shall not be
4723 required to be titled by the department. The department shall
4724 require motorized disability access vehicles to be subject to
4725 the same safety requirements as set forth in this chapter for
4726 motorcycles.
4727 Section 67. Subsection (1) of section 316.21265, Florida
4728 Statutes, is amended to read:
4729 316.21265 Use of all-terrain vehicles, golf carts, low
4730 speed vehicles, or utility vehicles by law enforcement
4731 agencies.—
4732 (1) Notwithstanding any provision of law to the contrary,
4733 any law enforcement agency in this state may operate all-terrain
4734 vehicles as defined in s. 316.2074, golf carts as defined in s.
4735 320.01 320.01(22), low-speed vehicles as defined in s. 320.01
4736 320.01(42), or utility vehicles as defined in s. 320.01
4737 320.01(43) on any street, road, or highway in this state while
4738 carrying out its official duties.
4739 Section 68. Subsection (1) of section 316.3026, Florida
4740 Statutes, is amended to read:
4741 316.3026 Unlawful operation of motor carriers.—
4742 (1) The Office of Commercial Vehicle Enforcement may issue
4743 out-of-service orders to motor carriers, as defined in s. 320.01
4744 320.01(33), who, after proper notice, have failed to pay any
4745 penalty or fine assessed by the department, or its agent,
4746 against any owner or motor carrier for violations of state law,
4747 refused to submit to a compliance review and provide records
4748 pursuant to s. 316.302(5) or s. 316.70, or violated safety
4749 regulations pursuant to s. 316.302 or insurance requirements in
4750 s. 627.7415. Such out-of-service orders have the effect of
4751 prohibiting the operations of any motor vehicles owned, leased,
4752 or otherwise operated by the motor carrier upon the roadways of
4753 this state, until the violations have been corrected or
4754 penalties have been paid. Out-of-service orders must be approved
4755 by the director of the Division of the Florida Highway Patrol or
4756 his or her designee. An administrative hearing pursuant to s.
4757 120.569 shall be afforded to motor carriers subject to such
4758 orders.
4759 Section 69. Paragraph (a) of subsection (5) and subsection
4760 (10) of section 316.550, Florida Statutes, are amended to read:
4761 316.550 Operations not in conformity with law; special
4762 permits.—
4763 (5)(a) The Department of Transportation may issue a wrecker
4764 special blanket permit to authorize a wrecker as defined in s.
4765 320.01 320.01(40) to tow a disabled motor vehicle as defined in
4766 s. 320.01 320.01(38) where the combination of the wrecker and
4767 the disabled vehicle being towed exceeds the maximum weight
4768 limits as established by s. 316.535.
4769 (10) Whenever any motor vehicle, or the combination of a
4770 wrecker as defined in s. 320.01 320.01(40) and a towed motor
4771 vehicle, exceeds any weight or dimensional criteria or special
4772 operational or safety stipulation contained in a special permit
4773 issued under the provisions of this section, the penalty
4774 assessed to the owner or operator shall be as follows:
4775 (a) For violation of weight criteria contained in a special
4776 permit, the penalty per pound or portion thereof exceeding the
4777 permitted weight shall be as provided in s. 316.545.
4778 (b) For each violation of dimensional criteria in a special
4779 permit, the penalty shall be as provided in s. 316.516 and
4780 penalties for multiple violations of dimensional criteria shall
4781 be cumulative except that the total penalty for the vehicle
4782 shall not exceed $1,000.
4783 (c) For each violation of an operational or safety
4784 stipulation in a special permit, the penalty shall be an amount
4785 not to exceed $1,000 per violation and penalties for multiple
4786 violations of operational or safety stipulations shall be
4787 cumulative except that the total penalty for the vehicle shall
4788 not exceed $1,000.
4789 (d) For violation of any special condition that has been
4790 prescribed in the rules of the Department of Transportation and
4791 declared on the permit, the vehicle shall be determined to be
4792 out of conformance with the permit and the permit shall be
4793 declared null and void for the vehicle, and weight and
4794 dimensional limits for the vehicle shall be as established in s.
4795 316.515 or s. 316.535, whichever is applicable, and:
4796 1. For weight violations, a penalty as provided in s.
4797 316.545 shall be assessed for those weights which exceed the
4798 limits thus established for the vehicle; and
4799 2. For dimensional, operational, or safety violations, a
4800 penalty as established in paragraph (c) or s. 316.516, whichever
4801 is applicable, shall be assessed for each nonconforming
4802 dimensional, operational, or safety violation and the penalties
4803 for multiple violations shall be cumulative for the vehicle.
4804 Section 70. Subsection (9) of section 317.0003, Florida
4805 Statutes, is amended to read:
4806 317.0003 Definitions.—As used in this chapter, the term:
4807 (9) “ROV” means any motorized recreational off-highway
4808 vehicle 64 inches or less in width, having a dry weight of 2,000
4809 pounds or less, designed to travel on four or more nonhighway
4810 tires, having nonstraddle seating and a steering wheel, and
4811 manufactured for recreational use by one or more persons. The
4812 term “ROV” does not include a golf cart as defined in ss. 320.01
4813 320.01(22) and 316.003(68) or a low-speed vehicle as defined in
4814 s. 320.01 320.01(42).
4815 Section 71. Paragraph (d) of subsection (5) of section
4816 320.08, Florida Statutes, is amended to read:
4817 320.08 License taxes.—Except as otherwise provided herein,
4818 there are hereby levied and imposed annual license taxes for the
4819 operation of motor vehicles, mopeds, motorized bicycles as
4820 defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
4821 and mobile homes, as defined in s. 320.01, which shall be paid
4822 to and collected by the department or its agent upon the
4823 registration or renewal of registration of the following:
4824 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
4825 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
4826 (d) A wrecker, as defined in s. 320.01 320.01(40), which is
4827 used to tow a vessel as defined in s. 327.02(39), a disabled,
4828 abandoned, stolen-recovered, or impounded motor vehicle as
4829 defined in s. 320.01 320.01(38), or a replacement motor vehicle
4830 as defined in s. 320.01 320.01(39): $41 flat, of which $11 shall
4831 be deposited into the General Revenue Fund.
4832 Section 72. Subsection (1) of section 320.0847, Florida
4833 Statutes, is amended to read:
4834 320.0847 Mini truck and low-speed vehicle license plates.—
4835 (1) The department shall issue a license plate to the owner
4836 or lessee of any vehicle registered as a low-speed vehicle as
4837 defined in s. 320.01 320.01(42) or a mini truck as defined in s.
4838 320.01 320.01(45) upon payment of the appropriate license taxes
4839 and fees prescribed in s. 320.08.
4840 Section 73. Section 322.282, Florida Statutes, is amended
4841 to read:
4842 322.282 Procedure when court revokes or suspends license or
4843 driving privilege and orders reinstatement.—When a court
4844 suspends or revokes a person’s license or driving privilege and,
4845 in its discretion, orders reinstatement as provided by s.
4846 322.28(2)(d) or former s. 322.261(5):
4847 (1) The court shall pick up all revoked or suspended driver
4848 driver’s licenses from the person and immediately forward them
4849 to the department, together with a record of such conviction.
4850 The clerk of such court shall also maintain a list of all
4851 revocations or suspensions by the court.
4852 (2)(a) The court shall issue an order of reinstatement, on
4853 a form to be furnished by the department, which the person may
4854 take to any driver driver’s license examining office. The
4855 department shall issue a temporary driver driver’s permit to a
4856 licensee who presents the court’s order of reinstatement, proof
4857 of completion of a department-approved driver training or
4858 substance abuse education course, and a written request for a
4859 hearing under s. 322.271. The permit shall not be issued if a
4860 record check by the department shows that the person has
4861 previously been convicted for a violation of s. 316.193, former
4862 s. 316.1931, former s. 316.028, former s. 860.01, or a previous
4863 conviction outside this state for driving under the influence,
4864 driving while intoxicated, driving with an unlawful blood
4865 alcohol level, or any similar alcohol-related or drug-related
4866 traffic offense; that the person’s driving privilege has been
4867 previously suspended for refusal to submit to a lawful test of
4868 breath, blood, or urine; or that the person is otherwise not
4869 entitled to issuance of a driver driver’s license. This
4870 paragraph shall not be construed to prevent the reinstatement of
4871 a license or driving privilege that is presently suspended for
4872 driving with an unlawful blood-alcohol level or a refusal to
4873 submit to a breath, urine, or blood test and is also revoked for
4874 a conviction for a violation of s. 316.193 or former s.
4875 316.1931, if the suspension and revocation arise out of the same
4876 incident.
4877 (b) The temporary driver driver’s permit shall be
4878 restricted to either business or employment purposes described
4879 in s. 322.271, as determined by the department, and shall not be
4880 used for pleasure, recreational, or nonessential driving.
4881 (c) If the department determines at a later date from its
4882 records that the applicant has previously been convicted of an
4883 offense referred to in paragraph (a) which would render him or
4884 her ineligible for reinstatement, the department shall cancel
4885 the temporary driver driver’s permit and shall issue a
4886 revocation or suspension order for the minimum period
4887 applicable. A temporary permit issued pursuant to this section
4888 shall be valid for 45 days or until canceled as provided in this
4889 paragraph.
4890 (d) The period of time for which a temporary permit issued
4891 in accordance with paragraph (a) is valid shall be deemed to be
4892 part of the period of revocation imposed by the court.
4893 Section 74. Section 324.023, Florida Statutes, is amended
4894 to read:
4895 324.023 Financial responsibility for bodily injury or
4896 death.—In addition to any other financial responsibility
4897 required by law, every owner or operator of a motor vehicle that
4898 is required to be registered in this state, or that is located
4899 within this state, and who, regardless of adjudication of guilt,
4900 has been found guilty of or entered a plea of guilty or nolo
4901 contendere to a charge of driving under the influence under s.
4902 316.193 after October 1, 2007, shall, by one of the methods
4903 established in s. 324.031(1) or, (2), or (3), establish and
4904 maintain the ability to respond in damages for liability on
4905 account of accidents arising out of the use of a motor vehicle
4906 in the amount of $100,000 because of bodily injury to, or death
4907 of, one person in any one crash and, subject to such limits for
4908 one person, in the amount of $300,000 because of bodily injury
4909 to, or death of, two or more persons in any one crash and in the
4910 amount of $50,000 because of property damage in any one crash.
4911 If the owner or operator chooses to establish and maintain such
4912 ability by posting a bond or furnishing a certificate of deposit
4913 pursuant to s. 324.031(2) or (3), such bond or certificate of
4914 deposit must be at least in an amount not less than $350,000.
4915 Such higher limits must be carried for a minimum period of 3
4916 years. If the owner or operator has not been convicted of
4917 driving under the influence or a felony traffic offense for a
4918 period of 3 years from the date of reinstatement of driving
4919 privileges for a violation of s. 316.193, the owner or operator
4920 shall be exempt from this section.
4921 Section 75. Paragraph (c) of subsection (1) of section
4922 324.171, Florida Statutes, is amended to read:
4923 324.171 Self-insurer.—
4924 (1) Any person may qualify as a self-insurer by obtaining a
4925 certificate of self-insurance from the department which may, in
4926 its discretion and upon application of such a person, issue said
4927 certificate of self-insurance when such person has satisfied the
4928 requirements of this section to qualify as a self-insurer under
4929 this section:
4930 (c) The owner of a commercial motor vehicle, as defined in
4931 s. 207.002 207.002(2) or s. 320.01, may qualify as a self
4932 insurer subject to the standards provided for in subparagraph
4933 (b)2.
4934 Section 76. Section 324.191, Florida Statutes, is amended
4935 to read:
4936 324.191 Consent to cancellation; direction to return money
4937 or securities.—The department shall consent to the cancellation
4938 of any bond or certificate of insurance furnished as proof of
4939 financial responsibility pursuant to s. 324.031, or the
4940 department shall return to the person entitled thereto cash or
4941 securities deposited as proof of financial responsibility
4942 pursuant to s. 324.031:
4943 (1) Upon substitution and acceptance of other adequate
4944 proof of financial responsibility pursuant to this chapter, or
4945 (2) In the event of the death of the person on whose behalf
4946 the proof was filed, or the permanent incapacity of such person
4947 to operate a motor vehicle, or
4948 (3) In the event the person who has given proof of
4949 financial responsibility surrenders his or her license and all
4950 registrations to the department; providing, however, that no
4951 notice of court action has been filed with the department, a
4952 judgment in which would result in claim on such proof of
4953 financial responsibility.
4954
4955 This section shall not apply to security as specified in s.
4956 324.061 deposited pursuant to s. 324.051(2)(a)4.
4957 Section 77. Subsection (3) of section 627.733, Florida
4958 Statutes, is amended to read:
4959 627.733 Required security.—
4960 (3) Such security shall be provided:
4961 (a) By an insurance policy delivered or issued for delivery
4962 in this state by an authorized or eligible motor vehicle
4963 liability insurer which provides the benefits and exemptions
4964 contained in ss. 627.730-627.7405. Any policy of insurance
4965 represented or sold as providing the security required hereunder
4966 shall be deemed to provide insurance for the payment of the
4967 required benefits; or
4968 (b) By any other method authorized by s. 324.031(2) or,
4969 (3), or (4) and approved by the Department of Highway Safety and
4970 Motor Vehicles as affording security equivalent to that afforded
4971 by a policy of insurance or by self-insuring as authorized by s.
4972 768.28(16). The person filing such security shall have all of
4973 the obligations and rights of an insurer under ss. 627.730
4974 627.7405.
4975 Section 78. Section 627.7415, Florida Statutes, is amended
4976 to read:
4977 627.7415 Commercial motor vehicles; additional liability
4978 insurance coverage.—Commercial motor vehicles, as defined in s.
4979 207.002 207.002(2) or s. 320.01, operated upon the roads and
4980 highways of this state shall be insured with the following
4981 minimum levels of combined bodily liability insurance and
4982 property damage liability insurance in addition to any other
4983 insurance requirements:
4984 (1) Fifty thousand dollars per occurrence for a commercial
4985 motor vehicle with a gross vehicle weight of 26,000 pounds or
4986 more, but less than 35,000 pounds.
4987 (2) One hundred thousand dollars per occurrence for a
4988 commercial motor vehicle with a gross vehicle weight of 35,000
4989 pounds or more, but less than 44,000 pounds.
4990 (3) Three hundred thousand dollars per occurrence for a
4991 commercial motor vehicle with a gross vehicle weight of 44,000
4992 pounds or more.
4993 (4) All commercial motor vehicles subject to regulations of
4994 the United States Department of Transportation, Title 49 C.F.R.
4995 part 387, subpart A, and as may be hereinafter amended, shall be
4996 insured in an amount equivalent to the minimum levels of
4997 financial responsibility as set forth in such regulations.
4998
4999 A violation of this section is a noncriminal traffic infraction,
5000 punishable as a nonmoving violation as provided in chapter 318.
5001 Section 79. This act shall take effect July 1, 2013.
5002