Florida Senate - 2013                             CS for SB 1458
       
       
       
       By the Committee on Transportation; and Senator Brandes
       
       
       
       
       596-02418-13                                          20131458c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 207.002, F.S.,
    4         relating to the Florida Diesel Fuel and Motor Fuel Use
    5         Tax Act of 1981; deleting definitions of the terms
    6         “apportioned motor vehicle” and “apportionable
    7         vehicle”; providing legislative intent relating to
    8         road rage and traffic congestion; amending s. 316.003,
    9         F.S.; defining the term “road rage”; amending s.
   10         316.083, F.S.; requiring that an operator of a motor
   11         vehicle yield the furthermost left-hand lane when
   12         being overtaken on a multilane highway; providing
   13         exceptions; reenacting s. 316.1923, F.S., relating to
   14         aggressive careless driving, to incorporate the
   15         amendments made to s. 316.083, F.S., in a reference
   16         thereto; requiring that the Department of Highway
   17         Safety and Motor Vehicles provide information about
   18         the act in driver license educational materials that
   19         are newly published on or after a specified date;
   20         amending s. 316.1937, F.S.; revising operational
   21         specifications for ignition interlock devices;
   22         amending s. 316.302, F.S.; revising provisions for
   23         certain commercial motor vehicles and transporters and
   24         shippers of hazardous materials; providing for
   25         application of specified federal regulations; removing
   26         a provision for application of specified provisions
   27         and federal regulations to transporting liquefied
   28         petroleum gas; amending s. 316.3025, F.S.; providing
   29         penalties for violation of specified federal
   30         regulations relating to medical and physical
   31         requirements for commercial drivers while driving a
   32         commercial motor vehicle; revising provisions for
   33         seizure of a motor vehicle for refusal to pay penalty;
   34         amending s. 316.545, F.S.; revising language relating
   35         to certain commercial motor vehicles not properly
   36         licensed and registered; amending s. 316.646, F.S.;
   37         authorizing the use of an electronic device to provide
   38         proof of insurance under the section; providing that
   39         displaying such information on an electronic device
   40         does not constitute consent for a law enforcement
   41         officer to access other information stored on the
   42         device; providing that the person displaying the
   43         device assumes the liability for any resulting damage
   44         to the device; requiring the department to adopt
   45         rules; amending s. 317.0016, F.S., relating to
   46         expedited services; removing a requirement that the
   47         department provide such service for certain
   48         certificates; amending s. 318.14, F.S., relating to
   49         disposition of traffic citations; providing that
   50         certain alternative procedures for certain traffic
   51         offenses are not available to a person who holds a
   52         commercial learner’s permit; amending s. 318.1451,
   53         F.S.; revising provisions relating to driver
   54         improvement schools; removing a provision for a chief
   55         judge to establish requirements for the location of
   56         schools within a judicial circuit; removing a
   57         provision that authorizes a person to operate a driver
   58         improvement school; revising provisions for persons
   59         taking an unapproved course; providing criteria for
   60         initial approval of courses; revising requirements for
   61         assessment fees, courses, course certificates, and
   62         course providers; directing the department to adopt
   63         rules; creating s. 319.141, F.S.; establishing a pilot
   64         rebuilt motor vehicle inspection program; providing
   65         definitions; requiring the department to contract with
   66         private vendors to establish and operate inspection
   67         facilities in certain counties; providing minimum
   68         requirements for applicants; requiring the department
   69         to submit a report to the Legislature; providing for
   70         future repeal; amending s. 319.225, F.S.; revising
   71         provisions for certificates of title, reassignment of
   72         title, and forms; revising procedures for transfer of
   73         title; amending s. 319.23, F.S.; revising requirements
   74         for content of certificates of title and applications
   75         for title; amending s. 319.28, F.S.; revising
   76         provisions for transfer of ownership by operation of
   77         law when a motor vehicle or mobile home is
   78         repossessed; removing provisions for a certificate of
   79         repossession; amending s. 319.30, F.S.; defining the
   80         terms “National Motor Vehicle Title Information
   81         System,” “nonrepairable vehicle,” and “self-insured
   82         entity,” in connection with the dismantling,
   83         destruction, change of identity of motor vehicles or
   84         mobile homes, and the salvage of such vehicles;
   85         providing for the department to declare certain
   86         vehicles as nonrepairable and print a certificate of
   87         destruction; permitting a licensed salvage motor
   88         vehicle dealer or a registered secondary metals
   89         recycler to seek reimbursement for the purchase price
   90         of a derelict vehicle from a lienholder and
   91         prohibiting the recovery of any other costs; including
   92         a self-insured motor vehicle or mobile home in the
   93         existing framework for determining a total loss
   94         vehicle; requiring a self-insured entity that is the
   95         owner of a motor vehicle or mobile home that is
   96         considered salvage to forward the title to the motor
   97         vehicle or mobile home to the department for
   98         processing within 72 hours after the motor vehicle or
   99         mobile home becomes salvage; requiring an insurance
  100         company that pays money as compensation for a salvaged
  101         motor vehicle or mobile home to obtain the certificate
  102         of title, and within 72 hours, forward the certificate
  103         of title to the department for processing, and make
  104         the required notification to the National Motor
  105         Vehicle Title Information System; requiring a self
  106         insured entity to provide the department with an
  107         estimate of the costs of repairing the physical and
  108         mechanical damage suffered by the vehicle for which a
  109         salvage certificate of title or certificate of
  110         destruction is sought; requiring that a vehicle for
  111         which a certificate of destruction is sought to
  112         authorize the dismantling or destruction of the motor
  113         vehicle or mobile home by a licensed salvage motor
  114         vehicle dealer; requiring secondary metals recyclers
  115         and salvage motor vehicle dealers to keep an original,
  116         or a copy in the event the original was returned to
  117         the department, of proof of reporting to the National
  118         Motor Vehicle Title Information System; requiring
  119         secondary metals recyclers and salvage motor vehicle
  120         dealers to make certain reports on a monthly basis;
  121         requiring an independent entity to make notification
  122         to the National Motor Vehicle Title Information System
  123         before releasing any damaged or dismantled motor
  124         vehicle to the owner or before applying for a
  125         certificate of destruction or salvage certificate of
  126         title; requiring all salvage motor vehicle dealers,
  127         secondary metals recyclers, auctions, independent
  128         entities, or self-insured entities that operate in
  129         salvage motor vehicles to register with the National
  130         Motor Vehicle Title Information System; amending s.
  131         319.323, F.S., relating to expedited services of the
  132         department; removing certificates of repossession;
  133         amending s. 320.01, F.S.; removing the definition of
  134         the term “apportioned motor vehicle”; revising the
  135         definition of the term “apportionable motor vehicle”;
  136         amending s. 320.02, F.S.; revising requirements for
  137         application for motor vehicle registration; amending
  138         s. 320.03, F.S.; revising a provision for registration
  139         under the International Registration Plan; amending s.
  140         320.05, F.S.; revising provisions relating to record
  141         inspection procedures and fees; deleting provisions
  142         that permit certain public inspection of registration
  143         records; deleting a provision allowing certain
  144         businesses and professionals to obtain information by
  145         telecommunication in certain circumstances; conforming
  146         and clarifying a list of records that may be provided
  147         by the department; amending s. 320.071, F.S.; revising
  148         a provision for advance renewal of registration under
  149         the International Registration Plan; amending s.
  150         320.0715, F.S.; revising provisions for vehicles
  151         required to be registered under the International
  152         Registration Plan; amending s. 320.18, F.S.; providing
  153         for withholding of motor vehicle or mobile home
  154         registration when a coowner has failed to register the
  155         motor vehicle or mobile home during a previous period
  156         when such registration was required; providing for
  157         cancelling a vehicle or vessel registration, driver
  158         license, identification card, or fuel-use tax decal if
  159         the coowner pays certain fees and other liabilities
  160         with a dishonored check; amending s. 320.27, F.S.,
  161         relating to motor vehicle dealers; providing for
  162         extended periods for dealer licenses and supplemental
  163         licenses; providing fees; amending s. 320.62, F.S.,
  164         relating to manufacturers, distributors, and importers
  165         of motor vehicles; providing for extended licensure
  166         periods; providing fees; amending s. 320.77, F.S.,
  167         relating to mobile home dealers; providing for
  168         extended licensure periods; providing fees; amending
  169         s. 320.771, F.S., relating to recreational vehicle
  170         dealers; providing for extended licensure periods;
  171         providing fees; amending s. 320.8225, F.S., relating
  172         to mobile home and recreational vehicle manufacturers,
  173         distributors, and importers; providing for extended
  174         licensure periods; providing fees; amending s.
  175         322.095, F.S.; requiring an applicant for a driver
  176         license to complete a traffic law and substance abuse
  177         education course; providing exceptions; revising
  178         procedures for evaluation and approval of such
  179         courses; revising criteria for such courses and the
  180         schools conducting the courses; providing for
  181         collection and disposition of certain fees; requiring
  182         providers to maintain records; directing the
  183         department to conduct effectiveness studies; requiring
  184         a provider to cease offering a course that fails the
  185         study; requiring courses to be updated at the request
  186         of the department; providing a timeframe for course
  187         length; prohibiting a provider from charging for a
  188         completion certificate; requiring providers to
  189         disclose certain information; requiring providers to
  190         submit course completion information to the department
  191         within a certain time period; prohibiting certain
  192         acts; providing that the department shall not accept
  193         certification from certain students; prohibiting a
  194         person convicted of certain crimes from conducting
  195         courses; directing the department to suspend course
  196         approval for certain purposes; providing for the
  197         department to deny, suspend, or revoke course approval
  198         for certain acts; providing for administrative hearing
  199         before final action denying, suspending, or revoking
  200         course approval; providing penalties for violations;
  201         amending s. 322.125, F.S.; revising criteria for
  202         members of the Medical Advisory Board; amending s.
  203         322.135, F.S.; removing a provision that authorizes a
  204         tax collector to direct certain licensees to the
  205         department for examination or reexamination; amending
  206         s. 322.18, F.S.; revising provisions for a vision test
  207         required for driver license renewal for certain
  208         drivers; amending s. 322.21, F.S.; providing a fee for
  209         a commercial learner’s permit; amending s. 322.212,
  210         F.S.; providing penalties for certain violations
  211         involving application and testing for a commercial
  212         driver license or a commercial learner’s permit;
  213         amending s. 322.22, F.S.; authorizing the department
  214         to withhold issuance or renewal of a driver license,
  215         identification card, vehicle or vessel registration,
  216         or fuel-use decal under certain circumstances;
  217         amending s. 322.245, F.S.; requiring a depository or
  218         clerk of court to electronically notify the department
  219         of a person’s failure to pay support or comply with
  220         directives of the court; amending s. 322.25, F.S.;
  221         removing a provision for a court order to reinstate a
  222         person’s driving privilege on a temporary basis when
  223         the person’s license and driving privilege have been
  224         revoked under certain circumstances; amending s.
  225         322.2615, F.S., relating to review of a license
  226         suspension when the driver had blood or breath alcohol
  227         at a certain level or the driver refused a test of his
  228         or her blood or breath to determine the alcohol level;
  229         revising provisions for informal and formal reviews;
  230         providing for the hearing officer to be designated by
  231         the department; authorizing the hearing officer to
  232         conduct hearings using telecommunications technology;
  233         revising procedures for enforcement of subpoenas;
  234         amending s. 322.2616, F.S., relating to review of a
  235         license suspension when the driver is under 21 years
  236         of age and had blood or breath alcohol at a certain
  237         level; revising provisions for informal and formal
  238         reviews; providing for the hearing officer to be
  239         designated by the department; authorizing the hearing
  240         officer to conduct hearings using telecommunications
  241         technology; revising procedures for enforcement of
  242         subpoenas; amending s. 322.64, F.S., relating to
  243         driving with unlawful blood-alcohol level or refusal
  244         to submit to breath, urine, or blood test by a
  245         commercial driver license holder or person driving a
  246         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         322.2715, F.S.; providing requirements for issuance of
  264         a restricted license for a person convicted of a DUI
  265         offense if a medical waiver of placement of an
  266         ignition interlock device was given to such person;
  267         amending s. 322.28, F.S., relating to revocation of
  268         driver license for convictions of DUI offenses;
  269         providing that convictions occurring on the same date
  270         for offenses occurring on separate dates are
  271         considered separate convictions; removing a provision
  272         relating to a court order for reinstatement of a
  273         revoked license; repealing s. 322.331, F.S., relating
  274         to habitual traffic offenders; amending s. 322.61,
  275         F.S.; revising provisions for disqualification from
  276         operating a commercial motor vehicle; providing for
  277         application of such provisions to persons holding a
  278         commercial learner’s permit; revising the offenses for
  279         which certain disqualifications apply; amending s.
  280         324.0221, F.S.; revising the actions which must be
  281         reported to the department by an insurer that has
  282         issued a policy providing personal injury protection
  283         coverage or property damage liability coverage;
  284         revising time allowed for submitting the report;
  285         amending s. 324.031, F.S.; revising the methods a
  286         vehicle owner or operator may use to prove financial
  287         responsibility; removing a provision for posting a
  288         bond with the department; amending s. 324.091, F.S.;
  289         revising provisions requiring motor vehicle owners and
  290         operators to provide evidence to the department of
  291         liability insurance coverage under certain
  292         circumstances; revising provisions for verification by
  293         insurers of such evidence; amending s. 324.161, F.S.;
  294         providing requirements for issuance of a certificate
  295         of insurance; requiring proof of a certificate of
  296         deposit of a certain amount of money in a financial
  297         institution; providing for power of attorney to be
  298         issued to the department for execution under certain
  299         circumstances; amending s. 328.01, F.S., relating to
  300         vessel titles; revising identification requirements
  301         for applications for a certificate of title; amending
  302         s. 328.48, F.S., relating to vessel registration;
  303         revising identification requirements for applications
  304         for vessel registration; amending s. 328.76, F.S.,
  305         relating to vessel registration funds; revising
  306         provisions for funds to be deposited into the Highway
  307         Safety Operating Trust Fund; amending s. 713.585,
  308         F.S.; requiring that a lienholder check the National
  309         Motor Vehicle Title Information System or the records
  310         of any corresponding agency of any other state before
  311         enforcing a lien by selling the motor vehicle;
  312         requiring the lienholder to notify the local law
  313         enforcement agency in writing by certified mail
  314         informing the law enforcement agency that the
  315         lienholder has made a good faith effort to locate the
  316         owner or lienholder; specifying that a good faith
  317         effort includes a check of the Department of Highway
  318         Safety and Motor Vehicles database records and the
  319         National Motor Vehicle Title Information System;
  320         setting requirements for notification of the sale of
  321         the vehicle as a way to enforce a lien; requiring the
  322         lienholder to publish notice; requiring the lienholder
  323         to keep a record of proof of checking the National
  324         Motor Vehicle Title Information System; amending s.
  325         713.78, F.S.; revising provisions for enforcement of a
  326         lien for recovering, towing, or storing a vehicle or
  327         vessel; amending ss. 212.08, 261.03, 316.2122,
  328         316.2124, 316.21265, 316.3026, 316.550, 317.0003,
  329         320.08, 320.0847, 322.271, 322.282, 324.023, 324.171,
  330         324.191, 627.733, and 627.7415, F.S.; correcting
  331         cross-references and conforming provisions to changes
  332         made by the act; providing an effective date.
  333  
  334  Be It Enacted by the Legislature of the State of Florida:
  335  
  336         Section 1. Section 207.002, Florida Statutes, is reordered
  337  and amended to read:
  338         207.002 Definitions.—As used in this chapter, the term:
  339         (1) “Apportioned motor vehicle” means any motor vehicle
  340  which is required to be registered under the International
  341  Registration Plan.
  342         (1)(2) “Commercial motor vehicle” means any vehicle not
  343  owned or operated by a governmental entity which uses diesel
  344  fuel or motor fuel on the public highways; and which has a gross
  345  vehicle weight in excess of 26,000 pounds, or has three or more
  346  axles regardless of weight, or is used in combination when the
  347  weight of such combination exceeds 26,000 pounds gross vehicle
  348  weight. The term excludes any vehicle owned or operated by a
  349  community transportation coordinator as defined in s. 427.011 or
  350  by a private operator that provides public transit services
  351  under contract with such a provider.
  352         (2)(3) “Department” means the Department of Highway Safety
  353  and Motor Vehicles.
  354         (7)(4) “Motor carrier” means any person owning,
  355  controlling, operating, or managing any motor vehicle used to
  356  transport persons or property over any public highway.
  357         (8)(5) “Motor fuel” means what is commonly known and sold
  358  as gasoline and fuels containing a mixture of gasoline and other
  359  products.
  360         (9)(6) “Operate,” “operated,” “operation,” or “operating”
  361  means and includes the utilization in any form of any commercial
  362  motor vehicle, whether loaded or empty, whether utilized for
  363  compensation or not for compensation, and whether owned by or
  364  leased to the motor carrier who uses it or causes it to be used.
  365         (10)(7) “Person” means and includes natural persons,
  366  corporations, copartnerships, firms, companies, agencies, or
  367  associations, singular or plural.
  368         (11)(8) “Public highway” means any public street, road, or
  369  highway in this state.
  370         (3)(9) “Diesel fuel” means any liquid product or gas
  371  product or combination thereof, including, but not limited to,
  372  all forms of fuel known or sold as diesel fuel, kerosene, butane
  373  gas, or propane gas and all other forms of liquefied petroleum
  374  gases, except those defined as “motor fuel,” used to propel a
  375  motor vehicle.
  376         (13)(10) “Use,” “uses,” or “used” means the consumption of
  377  diesel fuel or motor fuel in a commercial motor vehicle for the
  378  propulsion thereof.
  379         (4)(11) “International Registration Plan” means a
  380  registration reciprocity agreement among states of the United
  381  States and provinces of Canada providing for payment of license
  382  fees or license taxes on the basis of fleet miles operated in
  383  various jurisdictions.
  384         (12) “Apportionable vehicle” means any vehicle, except a
  385  recreational vehicle, a vehicle displaying restricted plates, a
  386  municipal pickup and delivery vehicle, a bus used in
  387  transportation of chartered parties, and a government-owned
  388  vehicle, which is used or intended for use in two or more states
  389  of the United States or provinces of Canada that allocate or
  390  proportionally register vehicles and which is used for the
  391  transportation of persons for hire or is designed, used, or
  392  maintained primarily for the transportation of property and:
  393         (a) Is a power unit having a gross vehicle weight in excess
  394  of 26,000 pounds;
  395         (b) Is a power unit having three or more axles, regardless
  396  of weight; or
  397         (c) Is used in combination, when the weight of such
  398  combination exceeds 26,000 pounds gross vehicle weight.
  399         (5)(13) “Interstate” means vehicle movement between or
  400  through two or more states.
  401         (6)(14) “Intrastate” means vehicle movement from one point
  402  within a state to another point within the same state.
  403         (12)(15) “Registrant” means a person in whose name or names
  404  a vehicle is properly registered.
  405         Section 2. The intent of the Legislature is to reduce road
  406  rage and traffic congestion by reducing the incidence of crashes
  407  and drivers’ interferences with the movement of traffic and by
  408  promoting the orderly, free flow of traffic on the roads and
  409  highways of the state.
  410         Section 3. Subsection (91) is added to section 316.003,
  411  Florida Statutes, to read:
  412         316.003 Definitions.—The following words and phrases, when
  413  used in this chapter, shall have the meanings respectively
  414  ascribed to them in this section, except where the context
  415  otherwise requires:
  416         (91) ROAD RAGE.—The act of a driver or passenger to
  417  intentionally or unintentionally, due to a loss of emotional
  418  control, injure or kill another driver, passenger, bicyclist, or
  419  pedestrian, or to attempt or threaten to injure or kill another
  420  driver, passenger, bicyclist, or pedestrian.
  421         Section 4. Present subsection (3) of section 316.083,
  422  Florida Statutes, is redesignated as subsection (4), and a new
  423  subsection (3) is added to that section, to read:
  424         316.083 Overtaking and passing a vehicle.—The following
  425  rules shall govern the overtaking and passing of vehicles
  426  proceeding in the same direction, subject to those limitations,
  427  exceptions, and special rules hereinafter stated:
  428         (3)(a) On a road, street, or highway having two or more
  429  lanes that allow movement in the same direction, a driver may
  430  not continue to operate a motor vehicle in the furthermost left
  431  hand lane if the driver knows, or reasonably should know, that
  432  he or she is being overtaken in that lane from the rear by a
  433  motor vehicle traveling at a higher rate of speed.
  434         (b) Paragraph (a) does not apply to a driver operating a
  435  motor vehicle in the furthermost left-hand lane if:
  436         1. The driver is in the process of overtaking a slower
  437  motor vehicle in the adjacent right-hand lane for the purpose of
  438  passing the slower vehicle before moving to the adjacent right
  439  hand lane;
  440         2. Conditions preclude the driver from moving to the
  441  adjacent right-hand lane;
  442         3. The driver’s movement to the adjacent right-hand lane
  443  could endanger the driver or other drivers;
  444         4. The driver is directed by a law enforcement officer,
  445  road sign, or road crew to remain in the furthermost left-hand
  446  lane;
  447         5. The driver is preparing to make a left turn; or
  448         6. The driver is traveling at a speed not less than 10
  449  miles per hour under the posted speed limit.
  450         Section 5. For the purpose of incorporating the amendment
  451  made by this act to section 316.083, Florida Statutes, in a
  452  reference thereto, section 316.1923, Florida Statutes, is
  453  reenacted to read:
  454         316.1923 Aggressive careless driving.—“Aggressive careless
  455  driving” means committing two or more of the following acts
  456  simultaneously or in succession:
  457         (1) Exceeding the posted speed as defined in s.
  458  322.27(3)(d)5.b.
  459         (2) Unsafely or improperly changing lanes as defined in s.
  460  316.085.
  461         (3) Following another vehicle too closely as defined in s.
  462  316.0895(1).
  463         (4) Failing to yield the right-of-way as defined in s.
  464  316.079, s. 316.0815, or s. 316.123.
  465         (5) Improperly passing as defined in s. 316.083, s.
  466  316.084, or s. 316.085.
  467         (6) Violating traffic control and signal devices as defined
  468  in ss. 316.074 and 316.075.
  469         Section 6. The Department of Highway Safety and Motor
  470  Vehicles shall provide information about the Florida Highway
  471  Safety Act in all driver license educational materials printed
  472  on or after October 1, 2013.
  473         Section 7. Subsection (1) of section 316.1937, Florida
  474  Statutes, is amended to read:
  475         316.1937 Ignition interlock devices, requiring; unlawful
  476  acts.—
  477         (1) In addition to any other authorized penalties, the
  478  court may require that any person who is convicted of driving
  479  under the influence in violation of s. 316.193 shall not operate
  480  a motor vehicle unless that vehicle is equipped with a
  481  functioning ignition interlock device certified by the
  482  department as provided in s. 316.1938, and installed in such a
  483  manner that the vehicle will not start if the operator’s blood
  484  alcohol level is in excess of 0.025 0.05 percent or as otherwise
  485  specified by the court. The court may require the use of an
  486  approved ignition interlock device for a period of at least not
  487  less than 6 continuous months, if the person is permitted to
  488  operate a motor vehicle, whether or not the privilege to operate
  489  a motor vehicle is restricted, as determined by the court. The
  490  court, however, shall order placement of an ignition interlock
  491  device in those circumstances required by s. 316.193.
  492         Section 8. Paragraph (b) of subsection (1), paragraph (a)
  493  of subsection (4), and subsection (9) of section 316.302,
  494  Florida Statutes, are amended to read:
  495         316.302 Commercial motor vehicles; safety regulations;
  496  transporters and shippers of hazardous materials; enforcement.—
  497         (1)
  498         (b) Except as otherwise provided in this section, all
  499  owners or drivers of commercial motor vehicles that are engaged
  500  in intrastate commerce are subject to the rules and regulations
  501  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
  502  the exception of 49 C.F.R. s. 390.5 as it relates to the
  503  definition of bus, as such rules and regulations existed on
  504  December 31, 2012 October 1, 2011.
  505         (4)(a) Except as provided in this subsection, all
  506  commercial motor vehicles transporting any hazardous material on
  507  any road, street, or highway open to the public, whether engaged
  508  in interstate or intrastate commerce, and any person who offers
  509  hazardous materials for such transportation, are subject to the
  510  regulations contained in 49 C.F.R. part 107, subparts F and
  511  subpart G, and 49 C.F.R. parts 171, 172, 173, 177, 178, and 180.
  512  Effective July 1, 1997, the exceptions for intrastate motor
  513  carriers provided in 49 C.F.R. 173.5 and 173.8 are hereby
  514  adopted.
  515         (9)(a) This section is not applicable to the transporting
  516  of liquefied petroleum gas. The rules and regulations applicable
  517  to the transporting of liquefied petroleum gas on the highways,
  518  roads, or streets of this state shall be only those adopted by
  519  the Department of Agriculture and Consumer Services under
  520  chapter 527. However, transporters of liquefied petroleum gas
  521  must comply with the requirements of 49 C.F.R. parts 393 and
  522  396.9.
  523         (b) This section does not apply to any nonpublic sector
  524  bus.
  525         Section 9. Paragraph (b) of subsection (3) and subsection
  526  (5) of section 316.3025, Florida Statutes, are amended to read:
  527         316.3025 Penalties.—
  528         (3)
  529         (b) A civil penalty of $100 may be assessed for:
  530         1. Each violation of the North American Uniform Driver Out
  531  of-Service Criteria;
  532         2. A violation of s. 316.302(2)(b) or (c);
  533         3. A violation of 49 C.F.R. s. 392.60; or
  534         4. A violation of the North American Standard Vehicle Out
  535  of-Service Criteria resulting from an inspection of a commercial
  536  motor vehicle involved in a crash; or
  537         5. A violation of 49 C.F.R. s. 391.41.
  538         (5) Whenever any person or motor carrier as defined in
  539  chapter 320 violates the provisions of this section and becomes
  540  indebted to the state because of such violation and refuses to
  541  pay the appropriate penalty, in addition to the provisions of s.
  542  316.3026, such penalty becomes a lien upon the property
  543  including the motor vehicles of such person or motor carrier and
  544  may be seized and foreclosed by the state in a civil action in
  545  any court of this state. It shall be presumed that the owner of
  546  the motor vehicle is liable for the sum, and the vehicle may be
  547  detained or impounded until the penalty is paid.
  548         Section 10. Subsection (3) of section 316.545, Florida
  549  Statutes, is amended to read:
  550         316.545 Weight and load unlawful; special fuel and motor
  551  fuel tax enforcement; inspection; penalty; review.—
  552         (3) Any person who violates the overloading provisions of
  553  this chapter shall be conclusively presumed to have damaged the
  554  highways of this state by reason of such overloading, which
  555  damage is hereby fixed as follows:
  556         (a) When the excess weight is 200 pounds or less than the
  557  maximum herein provided, the penalty shall be $10;
  558         (b) Five cents per pound for each pound of weight in excess
  559  of the maximum herein provided when the excess weight exceeds
  560  200 pounds. However, whenever the gross weight of the vehicle or
  561  combination of vehicles does not exceed the maximum allowable
  562  gross weight, the maximum fine for the first 600 pounds of
  563  unlawful axle weight shall be $10;
  564         (c) For a vehicle equipped with fully functional idle
  565  reduction technology, any penalty shall be calculated by
  566  reducing the actual gross vehicle weight or the internal bridge
  567  weight by the certified weight of the idle-reduction technology
  568  or by 400 pounds, whichever is less. The vehicle operator must
  569  present written certification of the weight of the idle
  570  reduction technology and must demonstrate or certify that the
  571  idle-reduction technology is fully functional at all times. This
  572  calculation is not allowed for vehicles described in s.
  573  316.535(6);
  574         (d) An apportionable apportioned motor vehicle, as defined
  575  in s. 320.01, operating on the highways of this state without
  576  being properly licensed and registered shall be subject to the
  577  penalties as herein provided in this section; and
  578         (e) Vehicles operating on the highways of this state from
  579  nonmember International Registration Plan jurisdictions which
  580  are not in compliance with the provisions of s. 316.605 shall be
  581  subject to the penalties as herein provided.
  582         Section 11. Subsection (1) of section 316.646, Florida
  583  Statutes, is amended, and subsection (5) is added to that
  584  section, to read:
  585         316.646 Security required; proof of security and display
  586  thereof; dismissal of cases.—
  587         (1) Any person required by s. 324.022 to maintain property
  588  damage liability security, required by s. 324.023 to maintain
  589  liability security for bodily injury or death, or required by s.
  590  627.733 to maintain personal injury protection security on a
  591  motor vehicle shall have in his or her immediate possession at
  592  all times while operating such motor vehicle proper proof of
  593  maintenance of the required security.
  594         (a) Such proof shall be in a uniform paper or electronic
  595  format, as proof-of-insurance card in a form prescribed by the
  596  department, a valid insurance policy, an insurance policy
  597  binder, a certificate of insurance, or such other proof as may
  598  be prescribed by the department.
  599         (b)1.The act of presenting to a law enforcement officer an
  600  electronic device displaying proof of insurance in an electronic
  601  format does not constitute consent for the officer to access any
  602  information on the device other than the displayed proof of
  603  insurance.
  604         2. The person who presents the device to the officer
  605  assumes the liability for any resulting damage to the device.
  606         (5) The department shall adopt rules to administer this
  607  section.
  608         Section 12. Section 317.0016, Florida Statutes, is amended
  609  to read:
  610         317.0016 Expedited service; applications; fees.—The
  611  department shall provide, through its agents and for use by the
  612  public, expedited service on title transfers, title issuances,
  613  duplicate titles, and recordation of liens, and certificates of
  614  repossession. A fee of $7 shall be charged for this service,
  615  which is in addition to the fees imposed by ss. 317.0007 and
  616  317.0008, and $3.50 of this fee shall be retained by the
  617  processing agency. All remaining fees shall be deposited in the
  618  Incidental Trust Fund of the Florida Forest Service of the
  619  Department of Agriculture and Consumer Services. Application for
  620  expedited service may be made by mail or in person. The
  621  department shall issue each title applied for pursuant to this
  622  section within 5 working days after receipt of the application
  623  except for an application for a duplicate title certificate
  624  covered by s. 317.0008(3), in which case the title must be
  625  issued within 5 working days after compliance with the
  626  department’s verification requirements.
  627         Section 13. Subsections (9) and (10) of section 318.14,
  628  Florida Statutes, are amended to read:
  629         318.14 Noncriminal traffic infractions; exception;
  630  procedures.—
  631         (9) Any person who does not hold a commercial driver
  632  license or commercial learner’s permit and who is cited while
  633  driving a noncommercial motor vehicle for an infraction under
  634  this section other than a violation of s. 316.183(2), s.
  635  316.187, or s. 316.189 when the driver exceeds the posted limit
  636  by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
  637  (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
  638  lieu of a court appearance, elect to attend in the location of
  639  his or her choice within this state a basic driver improvement
  640  course approved by the Department of Highway Safety and Motor
  641  Vehicles. In such a case, adjudication must be withheld and
  642  points, as provided by s. 322.27, may not be assessed. However,
  643  a person may not make an election under this subsection if the
  644  person has made an election under this subsection in the
  645  preceding 12 months. A person may not make more than five
  646  elections within his or her lifetime under this subsection. The
  647  requirement for community service under s. 318.18(8) is not
  648  waived by a plea of nolo contendere or by the withholding of
  649  adjudication of guilt by a court. If a person makes an election
  650  to attend a basic driver improvement course under this
  651  subsection, 18 percent of the civil penalty imposed under s.
  652  318.18(3) shall be deposited in the State Courts Revenue Trust
  653  Fund; however, that portion is not revenue for purposes of s.
  654  28.36 and may not be used in establishing the budget of the
  655  clerk of the court under that section or s. 28.35.
  656         (10)(a) Any person who does not hold a commercial driver
  657  license or commercial learner’s permit and who is cited while
  658  driving a noncommercial motor vehicle for an offense listed
  659  under this subsection may, in lieu of payment of fine or court
  660  appearance, elect to enter a plea of nolo contendere and provide
  661  proof of compliance to the clerk of the court, designated
  662  official, or authorized operator of a traffic violations bureau.
  663  In such case, adjudication shall be withheld; however, a person
  664  may not make an election under this subsection if the person has
  665  made an election under this subsection in the preceding 12
  666  months. A person may not make more than three elections under
  667  this subsection. This subsection applies to the following
  668  offenses:
  669         1. Operating a motor vehicle without a valid driver license
  670  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
  671  operating a motor vehicle with a license that has been suspended
  672  for failure to appear, failure to pay civil penalty, or failure
  673  to attend a driver improvement course pursuant to s. 322.291.
  674         2. Operating a motor vehicle without a valid registration
  675  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  676         3. Operating a motor vehicle in violation of s. 316.646.
  677         4. Operating a motor vehicle with a license that has been
  678  suspended under s. 61.13016 or s. 322.245 for failure to pay
  679  child support or for failure to pay any other financial
  680  obligation as provided in s. 322.245; however, this subparagraph
  681  does not apply if the license has been suspended pursuant to s.
  682  322.245(1).
  683         5. Operating a motor vehicle with a license that has been
  684  suspended under s. 322.091 for failure to meet school attendance
  685  requirements.
  686         (b) Any person cited for an offense listed in this
  687  subsection shall present proof of compliance before the
  688  scheduled court appearance date. For the purposes of this
  689  subsection, proof of compliance shall consist of a valid,
  690  renewed, or reinstated driver license or registration
  691  certificate and proper proof of maintenance of security as
  692  required by s. 316.646. Notwithstanding waiver of fine, any
  693  person establishing proof of compliance shall be assessed court
  694  costs of $25, except that a person charged with violation of s.
  695  316.646(1)-(3) may be assessed court costs of $8. One dollar of
  696  such costs shall be remitted to the Department of Revenue for
  697  deposit into the Child Welfare Training Trust Fund of the
  698  Department of Children and Family Services. One dollar of such
  699  costs shall be distributed to the Department of Juvenile Justice
  700  for deposit into the Juvenile Justice Training Trust Fund.
  701  Fourteen dollars of such costs shall be distributed to the
  702  municipality and $9 shall be deposited by the clerk of the court
  703  into the fine and forfeiture fund established pursuant to s.
  704  142.01, if the offense was committed within the municipality. If
  705  the offense was committed in an unincorporated area of a county
  706  or if the citation was for a violation of s. 316.646(1)-(3), the
  707  entire amount shall be deposited by the clerk of the court into
  708  the fine and forfeiture fund established pursuant to s. 142.01,
  709  except for the moneys to be deposited into the Child Welfare
  710  Training Trust Fund and the Juvenile Justice Training Trust
  711  Fund. This subsection does not authorize the operation of a
  712  vehicle without a valid driver license, without a valid vehicle
  713  tag and registration, or without the maintenance of required
  714  security.
  715         Section 14. Section 318.1451, Florida Statutes, is amended
  716  to read:
  717         318.1451 Driver improvement schools.—
  718         (1)(a) The department of Highway Safety and Motor Vehicles
  719  shall approve and regulate the courses of all driver improvement
  720  schools, as the courses relate to ss. 318.14(9), 322.0261, and
  721  322.291, including courses that use technology as a delivery
  722  method. The chief judge of the applicable judicial circuit may
  723  establish requirements regarding the location of schools within
  724  the judicial circuit. A person may engage in the business of
  725  operating a driver improvement school that offers department
  726  approved courses related to ss. 318.14(9), 322.0261, and
  727  322.291.
  728         (b) The Department of Highway Safety and Motor Vehicles
  729  shall approve and regulate courses that use technology as the
  730  delivery method of all driver improvement schools as the courses
  731  relate to ss. 318.14(9) and 322.0261.
  732         (2)(a) In determining whether to approve the courses
  733  referenced in this section, the department shall consider course
  734  content designed to promote safety, driver awareness, crash
  735  avoidance techniques, and other factors or criteria to improve
  736  driver performance from a safety viewpoint, including promoting
  737  motorcyclist, bicyclist, and pedestrian safety and risk factors
  738  resulting from driver attitude and irresponsible driver
  739  behaviors, such as speeding, running red lights and stop signs,
  740  and using electronic devices while driving. Initial approval of
  741  the courses shall also be based on the department’s review of
  742  all course materials, course presentation to the department by
  743  the provider, and the provider’s plan for effective oversight of
  744  the course by those who deliver the course in the state. New
  745  courses shall be provisionally approved and limited to the
  746  judicial circuit originally approved for pilot testing until the
  747  course is fully approved by the department for statewide
  748  delivery.
  749         (b) In determining whether to approve courses of driver
  750  improvement schools that use technology as the delivery method
  751  as the courses relate to ss. 318.14(9) and 322.0261, the
  752  department shall consider only those courses submitted by a
  753  person, business, or entity which have approval for statewide
  754  delivery.
  755         (3) The department of Highway Safety and Motor Vehicles
  756  shall not accept suspend accepting proof of attendance of
  757  courses from persons who attend those schools that do not teach
  758  an approved course. In those circumstances, a person who has
  759  elected to take courses from such a school shall receive a
  760  refund from the school, and the person shall have the
  761  opportunity to take the course at another school.
  762         (4) In addition to a regular course fee, an assessment fee
  763  in the amount of $2.50 shall be collected by the school from
  764  each person who elects to attend a course, as it relates to ss.
  765  318.14(9), 322.0261, 322.291, and 627.06501. The course provider
  766  must remit the $2.50 assessment fee to the department for
  767  deposit into, which shall be remitted to the Department of
  768  Highway Safety and Motor Vehicles and deposited in the Highway
  769  Safety Operating Trust Fund in order to receive unique course
  770  completion certificate numbers for course participants. The
  771  assessment fee will be used to administer this program and to
  772  fund the general operations of the department.
  773         (5)(a) The department is authorized to maintain the
  774  information and records necessary to administer its duties and
  775  responsibilities for driver improvement courses. Course
  776  providers are required to maintain all records related to the
  777  conduct of their approved courses for 5 years and allow the
  778  department to inspect course records as necessary. Records may
  779  be maintained in an electronic format. If Where such information
  780  is a public record as defined in chapter 119, it shall be made
  781  available to the public upon request pursuant to s. 119.07(1).
  782         (b) The department or court may prepare a traffic school
  783  reference guide which lists the benefits of attending a driver
  784  improvement school and contains the names of the fully approved
  785  course providers with a single telephone number for each
  786  provider as furnished by the provider.
  787         (6) The department shall adopt rules establishing and
  788  maintaining policies and procedures to implement the
  789  requirements of this section. These policies and procedures may
  790  include, but shall not be limited to, the following:
  791         (a) Effectiveness studies.—The department shall conduct
  792  effectiveness studies on each type of driver improvement course
  793  pertaining to ss. 318.14(9), 322.0261, and 322.291 on a
  794  recurring 5-year basis, including in the study process the
  795  consequence of failed studies.
  796         (b) Required updates.—The department may require that
  797  courses approved under this section be updated at the
  798  department’s request. Failure of a course provider to update the
  799  course under this section shall result in the suspension of the
  800  course approval until the course is updated and approved by the
  801  department.
  802         (c) Course conduct.—The department shall require that the
  803  approved course providers ensure their driver improvement
  804  schools are conducting the approved course fully and to the
  805  required time limit and content requirements.
  806         (d) Course content.—The department shall set and modify
  807  course content requirements to keep current with laws and safety
  808  information. Course content includes all items used in the
  809  conduct of the course.
  810         (e) Course duration.—The department shall set the duration
  811  of all course types.
  812         (f) Submission of records.—The department shall require
  813  that all course providers submit course completion information
  814  to the department through the department’s Driver Improvement
  815  Certificate Issuance System within 5 days.
  816         (g) Sanctions.—The department shall develop the criteria to
  817  sanction the course approval of a course provider for any
  818  violation of this section or any other law that pertains to the
  819  approval and use of driver improvement courses.
  820         (h) Miscellaneous requirements.—The department shall
  821  require that all course providers:
  822         1. Disclose all fees associated with courses offered by the
  823  provider and associated driver improvement schools and not
  824  charge any fees that are not disclosed during registration.
  825         2. Provide proof of ownership, copyright, or written
  826  permission from the course owner to use the course in this
  827  state.
  828         3. Ensure that any course that is offered in a classroom
  829  setting, by the provider or a school authorized by the provider
  830  to teach the course, is offered the course at locations that are
  831  free from distractions and reasonably accessible to most
  832  applicants.
  833         4. Issue a certificate to persons who successfully complete
  834  the course.
  835         Section 15. Section 319.141, Florida Statutes, is created
  836  to read:
  837         319.141Pilot rebuilt motor vehicle inspection program.—
  838         (1) As used in this section, the term:
  839         (a) “Facility” means a rebuilt motor vehicle inspection
  840  facility authorized and operating under this section.
  841         (b) “Rebuilt inspection” means an examination of a rebuilt
  842  vehicle and a properly endorsed certificate of title, salvage
  843  certificate of title, or manufacturer’s statement of origin and
  844  an application for a rebuilt certificate of title, a rebuilder’s
  845  affidavit, a photograph of the junk or salvage vehicle taken
  846  before repairs began, receipts or invoices for all major
  847  component parts, as defined in s. 319.30, which were changed,
  848  and proof that notice of rebuilding of the vehicle has been
  849  reported to the National Motor Vehicle Title Information System.
  850         (2) By October 1, 2013, the department shall implement a
  851  pilot program in Miami-Dade and Hillsborough Counties to
  852  evaluate alternatives for rebuilt inspection services to be
  853  offered by the private sector, including the feasibility of
  854  using private facilities, the cost impact to consumers, and the
  855  potential savings to the department.
  856         (3) The department shall establish a memorandum of
  857  understanding that allows private parties participating in the
  858  pilot program to conduct rebuilt motor vehicle inspections and
  859  specifies requirements for oversight, bonding and insurance,
  860  procedures, and forms and requires the electronic transmission
  861  of documents.
  862         (4) Before an applicant is approved, the department shall
  863  ensure that the applicant meets basic criteria designed to
  864  protect the public. At a minimum, the applicant shall:
  865         (a) Have and maintain a surety bond or irrevocable letter
  866  of credit in the amount of $50,000 executed by the applicant.
  867         (b) Have and maintain garage liability and other insurance
  868  required by the department.
  869         (c) Have completed criminal background checks of the
  870  owners, partners, and corporate officers and the inspectors
  871  employed by the facility.
  872         (d) Meet any additional criteria the department determines
  873  necessary to conduct proper inspections.
  874         (5) A participant in the program shall access vehicle and
  875  title information and enter inspection results through an
  876  electronic filing system authorized by the department.
  877         (6)The department shall submit a report to the President
  878  of the Senate and the Speaker of the House of Representatives
  879  providing the results of the pilot program by February 1, 2015.
  880         (7)This section shall stand repealed on July 1, 2015,
  881  unless saved from repeal through reeanactment by the
  882  Legislature.
  883         Section 16. Section 319.225, Florida Statutes, is amended
  884  to read:
  885         319.225 Transfer and reassignment forms; odometer
  886  disclosure statements.—
  887         (1) Every certificate of title issued by the department
  888  must contain the following statement on its reverse side:
  889  “Federal and state law require the completion of the odometer
  890  statement set out below. Failure to complete or providing false
  891  information may result in fines, imprisonment, or both.”
  892         (2) Each certificate of title issued by the department must
  893  contain on its front reverse side a form for transfer of title
  894  by the titleholder of record, which form must contain an
  895  odometer disclosure statement in the form required by 49 C.F.R.
  896  s. 580.5.
  897         (3) Each certificate of title issued by the department must
  898  contain on its reverse side as many forms as space allows for
  899  reassignment of title by a licensed dealer as permitted by s.
  900  319.21(3), which form or forms shall contain an odometer
  901  disclosure statement in the form required by 49 C.F.R. s. 580.5.
  902  When all dealer reassignment forms provided on the back of the
  903  title certificate have been filled in, a dealer may reassign the
  904  title certificate by using a separate dealer reassignment form
  905  issued by the department in compliance with 49 C.F.R. ss. 580.4
  906  and 580.5, which form shall contain an original that two carbon
  907  copies one of which shall be submitted directly to the
  908  department by the dealer within 5 business days after the
  909  transfer and a copy that one of which shall be retained by the
  910  dealer in his or her records for 5 years. The provisions of this
  911  subsection shall also apply to vehicles not previously titled in
  912  this state and vehicles whose title certificates do not contain
  913  the forms required by this section.
  914         (4) Upon transfer or reassignment of a certificate of title
  915  to a used motor vehicle, the transferor shall complete the
  916  odometer disclosure statement provided for by this section and
  917  the transferee shall acknowledge the disclosure by signing and
  918  printing his or her name in the spaces provided. This subsection
  919  does not apply to a vehicle that has a gross vehicle rating of
  920  more than 16,000 pounds, a vehicle that is not self-propelled,
  921  or a vehicle that is 10 years old or older. A lessor who
  922  transfers title to his or her vehicle without obtaining
  923  possession of the vehicle shall make odometer disclosure as
  924  provided by 49 C.F.R. s. 580.7. Any person who fails to complete
  925  or acknowledge a disclosure statement as required by this
  926  subsection is guilty of a misdemeanor of the second degree,
  927  punishable as provided in s. 775.082 or s. 775.083. The
  928  department may not issue a certificate of title unless this
  929  subsection has been complied with.
  930         (5) The same person may not sign a disclosure statement as
  931  both the transferor and the transferee in the same transaction
  932  except as provided in subsection (6).
  933         (6)(a) If the certificate of title is physically held by a
  934  lienholder, the transferor may give a power of attorney to his
  935  or her transferee for the purpose of odometer disclosure. The
  936  power of attorney must be on a form issued or authorized by the
  937  department, which form must be in compliance with 49 C.F.R. ss.
  938  580.4 and 580.13. The department shall not require the signature
  939  of the transferor to be notarized on the form; however, in lieu
  940  of notarization, the form shall include an affidavit with the
  941  following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
  942  HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
  943  ARE TRUE. The transferee shall sign the power of attorney form,
  944  print his or her name, and return a copy of the power of
  945  attorney form to the transferor. Upon receipt of a title
  946  certificate, the transferee shall complete the space for mileage
  947  disclosure on the title certificate exactly as the mileage was
  948  disclosed by the transferor on the power of attorney form. If
  949  the transferee is a licensed motor vehicle dealer who is
  950  transferring the vehicle to a retail purchaser, the dealer shall
  951  make application on behalf of the retail purchaser as provided
  952  in s. 319.23(6) and shall submit the original power of attorney
  953  form to the department with the application for title and the
  954  transferor’s title certificate; otherwise, a dealer may reassign
  955  the title certificate by using the dealer reassignment form in
  956  the manner prescribed in subsection (3), and, at the time of
  957  physical transfer of the vehicle, the original power of attorney
  958  shall be delivered to the person designated as the transferee of
  959  the dealer on the dealer reassignment form. A copy of the
  960  executed power of attorney shall be submitted to the department
  961  with a copy of the executed dealer reassignment form within 5
  962  business days after the certificate of title and dealer
  963  reassignment form are delivered by the dealer to its transferee.
  964         (b) If the certificate of title is lost or otherwise
  965  unavailable, the transferor may give a power of attorney to his
  966  or her transferee for the purpose of odometer disclosure. The
  967  power of attorney must be on a form issued or authorized by the
  968  department, which form must be in compliance with 49 C.F.R. ss.
  969  580.4 and 580.13. The department shall not require the signature
  970  of the transferor to be notarized on the form; however, in lieu
  971  of notarization, the form shall include an affidavit with the
  972  following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
  973  HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
  974  ARE TRUE. The transferee shall sign the power of attorney form,
  975  print his or her name, and return a copy of the power of
  976  attorney form to the transferor. Upon receipt of the title
  977  certificate or a duplicate title certificate, the transferee
  978  shall complete the space for mileage disclosure on the title
  979  certificate exactly as the mileage was disclosed by the
  980  transferor on the power of attorney form. If the transferee is a
  981  licensed motor vehicle dealer who is transferring the vehicle to
  982  a retail purchaser, the dealer shall make application on behalf
  983  of the retail purchaser as provided in s. 319.23(6) and shall
  984  submit the original power of attorney form to the department
  985  with the application for title and the transferor’s title
  986  certificate or duplicate title certificate; otherwise, a dealer
  987  may reassign the title certificate by using the dealer
  988  reassignment form in the manner prescribed in subsection (3),
  989  and, at the time of physical transfer of the vehicle, the
  990  original power of attorney shall be delivered to the person
  991  designated as the transferee of the dealer on the dealer
  992  reassignment form. If the dealer sells the vehicle to an out-of
  993  state resident or an out-of-state dealer and the power of
  994  attorney form is applicable to the transaction, the dealer must
  995  photocopy the completed original of the form and mail it
  996  directly to the department within 5 business days after the
  997  certificate of title and dealer reassignment form are delivered
  998  by the dealer to its purchaser. A copy of the executed power of
  999  attorney shall be submitted to the department with a copy of the
 1000  executed dealer reassignment form within 5 business days after
 1001  the duplicate certificate of title and dealer reassignment form
 1002  are delivered by the dealer to its transferee.
 1003         (c) If the mechanics of the transfer of title to a motor
 1004  vehicle in accordance with the provisions of paragraph (a) or
 1005  paragraph (b) are determined to be incompatible with and
 1006  unlawful under the provisions of 49 C.F.R. part 580, the
 1007  transfer of title to a motor vehicle by operation of this
 1008  subsection can be effected in any manner not inconsistent with
 1009  49 C.F.R. part 580 and Florida law; provided, any power of
 1010  attorney form issued or authorized by the department under this
 1011  subsection shall contain an original that two carbon copies, one
 1012  of which shall be submitted directly to the department by the
 1013  dealer within 5 business days of use by the dealer to effect
 1014  transfer of a title certificate as provided in paragraphs (a)
 1015  and (b) and a copy that one of which shall be retained by the
 1016  dealer in its records for 5 years.
 1017         (d) Any person who fails to complete the information
 1018  required by this subsection or to file with the department the
 1019  forms required by this subsection is guilty of a misdemeanor of
 1020  the second degree, punishable as provided in s. 775.082 or s.
 1021  775.083. The department shall not issue a certificate of title
 1022  unless this subsection has been complied with.
 1023         (7) If a title is held electronically and the transferee
 1024  agrees to maintain the title electronically, the transferor and
 1025  transferee shall complete a secure reassignment document that
 1026  discloses the odometer reading and is signed by both the
 1027  transferor and transferee at the tax collector office or license
 1028  plate agency. Each certificate of title issued by the department
 1029  must contain on its reverse side a minimum of three four spaces
 1030  for notation of the name and license number of any auction
 1031  through which the vehicle is sold and the date the vehicle was
 1032  auctioned. Each separate dealer reassignment form issued by the
 1033  department must also have the space referred to in this section.
 1034  When a transfer of title is made at a motor vehicle auction, the
 1035  reassignment must note the name and address of the auction, but
 1036  the auction shall not thereby be deemed to be the owner, seller,
 1037  transferor, or assignor of title. A motor vehicle auction is
 1038  required to execute a dealer reassignment only when it is the
 1039  owner of a vehicle being sold.
 1040         (8) Upon transfer or reassignment of a used motor vehicle
 1041  through the services of an auction, the auction shall complete
 1042  the information in the space provided for by subsection (7). Any
 1043  person who fails to complete the information as required by this
 1044  subsection is guilty of a misdemeanor of the second degree,
 1045  punishable as provided in s. 775.082 or s. 775.083. The
 1046  department shall not issue a certificate of title unless this
 1047  subsection has been complied with.
 1048         (9) This section shall be construed to conform to 49 C.F.R.
 1049  part 580.
 1050         Section 17. Subsection (9) of section 319.23, Florida
 1051  Statutes, is amended to read:
 1052         319.23 Application for, and issuance of, certificate of
 1053  title.—
 1054         (9) The title certificate or application for title must
 1055  contain the applicant’s full first name, middle initial, last
 1056  name, date of birth, sex, and the license plate number. An
 1057  individual applicant must provide personal or business
 1058  identification, which may include, but need not be limited to, a
 1059  valid driver driver’s license or identification card issued by
 1060  number, Florida or another state, or a valid passport. A
 1061  business applicant must provide a identification card number, or
 1062  federal employer identification number, if applicable,
 1063  verification that the business is authorized to conduct business
 1064  in the state, or a Florida city or county business license or
 1065  number. In lieu of and the license plate number the individual
 1066  or business applicant must provide or, in lieu thereof, an
 1067  affidavit certifying that the motor vehicle to be titled will
 1068  not be operated upon the public highways of this state.
 1069         Section 18. Paragraph (b) of subsection (2) of section
 1070  319.28, Florida Statutes, is amended to read:
 1071         319.28 Transfer of ownership by operation of law.—
 1072         (2)
 1073         (b) In case of repossession of a motor vehicle or mobile
 1074  home pursuant to the terms of a security agreement or similar
 1075  instrument, an affidavit by the party to whom possession has
 1076  passed stating that the vehicle or mobile home was repossessed
 1077  upon default in the terms of the security agreement or other
 1078  instrument shall be considered satisfactory proof of ownership
 1079  and right of possession. At least 5 days prior to selling the
 1080  repossessed vehicle, any subsequent lienholder named in the last
 1081  issued certificate of title shall be sent notice of the
 1082  repossession by certified mail, on a form prescribed by the
 1083  department. If such notice is given and no written protest to
 1084  the department is presented by a subsequent lienholder within 15
 1085  days after from the date on which the notice was mailed, the
 1086  certificate of title or the certificate of repossession shall be
 1087  issued showing no liens. If the former owner or any subsequent
 1088  lienholder files a written protest under oath within such 15-day
 1089  period, the department shall not issue the certificate of title
 1090  or certificate of repossession for 10 days thereafter. If within
 1091  the 10-day period no injunction or other order of a court of
 1092  competent jurisdiction has been served on the department
 1093  commanding it not to deliver the certificate of title or
 1094  certificate of repossession, the department shall deliver the
 1095  certificate of title or repossession to the applicant or as may
 1096  otherwise be directed in the application showing no other liens
 1097  than those shown in the application. Any lienholder who has
 1098  repossessed a vehicle in this state in compliance with the
 1099  provisions of this section must apply to a tax collector’s
 1100  office in this state or to the department for a certificate of
 1101  repossession or to the department for a certificate of title
 1102  pursuant to s. 319.323. Proof of the required notice to
 1103  subsequent lienholders shall be submitted together with regular
 1104  title fees. A lienholder to whom a certificate of repossession
 1105  has been issued may assign the certificate of title to the
 1106  subsequent owner. Any person found guilty of violating any
 1107  requirements of this paragraph shall be guilty of a felony of
 1108  the third degree, punishable as provided in s. 775.082, s.
 1109  775.083, or s. 775.084.
 1110         Section 19. Subsections (1), (2), (3), (7), (8), (9), and
 1111  (11) of section 319.30, Florida Statutes, are amended, and a new
 1112  subsection (11) is added to that section, to read:
 1113         319.30 Definitions; dismantling, destruction, change of
 1114  identity of motor vehicle or mobile home; salvage.—
 1115         (1) As used in this section, the term:
 1116         (a) “Certificate of destruction” means the certificate
 1117  issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
 1118         (b) “Certificate of registration number” means the
 1119  certificate of registration number issued by the Department of
 1120  Revenue of the State of Florida pursuant to s. 538.25.
 1121         (c) “Certificate of title” means a record that serves as
 1122  evidence of ownership of a vehicle, whether such record is a
 1123  paper certificate authorized by the department or by a motor
 1124  vehicle department authorized to issue titles in another state
 1125  or a certificate consisting of information stored in electronic
 1126  form in the department’s database.
 1127         (d) “Derelict” means any material which is or may have been
 1128  a motor vehicle or mobile home, which is not a major part or
 1129  major component part, which is inoperable, and which is in such
 1130  condition that its highest or primary value is in its sale or
 1131  transfer as scrap metal.
 1132         (e) “Derelict motor vehicle” means:
 1133         1. Any motor vehicle as defined in s. 320.01(1) or mobile
 1134  home as defined in s. 320.01(2), with or without all parts,
 1135  major parts, or major component parts, which is valued under
 1136  $1,000, is at least 10 model years old, beginning with the model
 1137  year of the vehicle as year one, and is in such condition that
 1138  its highest or primary value is for sale, transport, or delivery
 1139  to a licensed salvage motor vehicle dealer or registered
 1140  secondary metals recycler for dismantling its component parts or
 1141  conversion to scrap metal; or
 1142         2. Any trailer as defined in s. 320.01(1), with or without
 1143  all parts, major parts, or major component parts, which is
 1144  valued under $5,000, is at least 10 model years old, beginning
 1145  with the model year of the vehicle as year one, and is in such
 1146  condition that its highest or primary value is for sale,
 1147  transport, or delivery to a licensed salvage motor vehicle
 1148  dealer or registered secondary metals recycler for conversion to
 1149  scrap metal.
 1150         (f) “Derelict motor vehicle certificate” means a
 1151  certificate issued by the department which serves as evidence
 1152  that a derelict motor vehicle will be dismantled or converted to
 1153  scrap metal. This certificate may be obtained by completing a
 1154  derelict motor vehicle certificate application authorized by the
 1155  department. A derelict motor vehicle certificate may be
 1156  reassigned only one time if the derelict motor vehicle
 1157  certificate was completed by a licensed salvage motor vehicle
 1158  dealer and the derelict motor vehicle was sold to another
 1159  licensed salvage motor vehicle dealer or a secondary metals
 1160  recycler.
 1161         (g) “Independent entity” means a business or entity that
 1162  may temporarily store damaged or dismantled motor vehicles
 1163  pursuant to an agreement with an insurance company and is
 1164  engaged in the sale or resale of damaged or dismantled motor
 1165  vehicles. The term does not include a wrecker operator, a towing
 1166  company, or a repair facility.
 1167         (h) “Junk” means any material which is or may have been a
 1168  motor vehicle or mobile home, with or without all component
 1169  parts, which is inoperable and which material is in such
 1170  condition that its highest or primary value is either in its
 1171  sale or transfer as scrap metal or for its component parts, or a
 1172  combination of the two, except when sold or delivered to or when
 1173  purchased, possessed, or received by a secondary metals recycler
 1174  or salvage motor vehicle dealer.
 1175         (i) “Major component parts” means:
 1176         1. For motor vehicles other than motorcycles, any fender,
 1177  hood, bumper, cowl assembly, rear quarter panel, trunk lid,
 1178  door, decklid, floor pan, engine, frame, transmission, catalytic
 1179  converter, or airbag.
 1180         2. For trucks, in addition to those parts listed in
 1181  subparagraph 1., any truck bed, including dump, wrecker, crane,
 1182  mixer, cargo box, or any bed which mounts to a truck frame.
 1183         3. For motorcycles, the body assembly, frame, fenders, gas
 1184  tanks, engine, cylinder block, heads, engine case, crank case,
 1185  transmission, drive train, front fork assembly, and wheels.
 1186         4. For mobile homes, the frame.
 1187         (j) “Major part” means the front-end assembly, cowl
 1188  assembly, or rear body section.
 1189         (k) “Materials” means motor vehicles, derelicts, and major
 1190  parts that are not prepared materials.
 1191         (l) “Mobile home” means mobile home as defined in s.
 1192  320.01(2).
 1193         (m) “Motor vehicle” means motor vehicle as defined in s.
 1194  320.01(1).
 1195         (n)“National Motor Vehicle Title Information System” means
 1196  the national mandated vehicle history database required under 28
 1197  C.F.R. part 25 and maintained for the United States Department
 1198  of Justice that links the states’ motor vehicle title records,
 1199  including the department’s motor vehicle title records, and
 1200  requires the reporting of junk and salvage motor vehicles in
 1201  order to ensure that states, law enforcement agencies, and
 1202  consumers have access to vehicle titling, branding, and other
 1203  information that enables them to verify the accuracy and
 1204  legality of motor vehicle titles before purchase or title
 1205  transfer of the vehicle occurs.
 1206         (o) “Nonrepairable vehicle” means a vehicle of a type
 1207  otherwise subject to registration that:
 1208         1. Has no resale value except as a source of parts or scrap
 1209  metal or that the owner irreversibly designates as a source of
 1210  parts or scrap metal or for destruction; or
 1211         2. Has little or no resale value other than its worth as a
 1212  source of a vehicle identification number that could be used
 1213  illegally; and
 1214         a. Has been substantially stripped as a result of theft;
 1215         b. Is missing all of the bolt-on sheet metal body panels,
 1216  all of the doors and hatches, substantially all of the interior
 1217  components, and substantially all of the grill and light
 1218  assemblies; or
 1219         c. Is a substantially burned vehicle that:
 1220         (I) Has burned to the extent that there are no more usable
 1221  or repairable body or interior components, tires and wheels, or
 1222  drive train components; or
 1223         (II) The owner irreversibly designates for destruction or
 1224  as having little or no resale value other than its worth as a
 1225  source of scrap metal or as a source of a vehicle identification
 1226  number that could be used illegally.
 1227         (p)(n) “Parts” means parts of motor vehicles or
 1228  combinations thereof that do not constitute materials or
 1229  prepared materials.
 1230         (q)(o) “Prepared materials” means motor vehicles, mobile
 1231  homes, derelict motor vehicles, major parts, or parts that have
 1232  been processed by mechanically flattening or crushing, or
 1233  otherwise processed such that they are not the motor vehicle or
 1234  mobile home described in the certificate of title, or their only
 1235  value is as scrap metal.
 1236         (r)(p) “Processing” means the business of performing the
 1237  manufacturing process by which ferrous metals or nonferrous
 1238  metals are converted into raw material products consisting of
 1239  prepared grades and having an existing or potential economic
 1240  value, or the purchase of materials, prepared materials, or
 1241  parts therefor.
 1242         (s)(q) “Recreational vehicle” means a motor vehicle as
 1243  defined in s. 320.01(1).
 1244         (t)(r) “Salvage” means a motor vehicle or mobile home which
 1245  is a total loss as defined in paragraph (3)(a).
 1246         (u)(s) “Salvage certificate of title” means a salvage
 1247  certificate of title issued by the department or by another
 1248  motor vehicle department authorized to issue titles in another
 1249  state.
 1250         (v)(t) “Salvage motor vehicle dealer” means salvage motor
 1251  vehicle dealer as defined in s. 320.27(1)(c)5.
 1252         (w)(u) “Secondary metals recycler” means secondary metals
 1253  recycler as defined in s. 538.18.
 1254         (x) “Self-insured entity” means a person, firm, business,
 1255  company, or corporation, including a rental car company, that
 1256  self-insures its own inventory or company vehicles.
 1257         (y)(v) “Seller” means the owner of record or a person who
 1258  has physical possession and responsibility for a derelict motor
 1259  vehicle and attests that possession of the vehicle was obtained
 1260  through lawful means along with all ownership rights. A seller
 1261  does not include a towing company, repair shop, or landlord
 1262  unless the towing company, repair shop, or landlord has obtained
 1263  title, salvage title, or a certificate of destruction in the
 1264  name of the towing company, repair shop, or landlord.
 1265         (2)(a) Each person mentioned as owner in the last issued
 1266  certificate of title, when such motor vehicle or mobile home is
 1267  dismantled, destroyed, or changed in such manner that it is not
 1268  the motor vehicle or mobile home described in the certificate of
 1269  title, shall surrender his or her certificate of title to the
 1270  department, and thereupon the department shall, with the consent
 1271  of any lienholders noted thereon, enter a cancellation upon its
 1272  records. Upon cancellation of a certificate of title in the
 1273  manner prescribed by this section, the department may cancel and
 1274  destroy all certificates in that chain of title. Any person who
 1275  knowingly violates this paragraph commits a misdemeanor of the
 1276  second degree, punishable as provided in s. 775.082 or s.
 1277  775.083.
 1278         (b)1. When a motor vehicle, recreational vehicle, or mobile
 1279  home is sold, transported, delivered to, or received by a
 1280  salvage motor vehicle dealer, it shall be accompanied by:
 1281         a. A valid certificate of title issued in the name of the
 1282  seller or properly endorsed, as required in s. 319.22, over to
 1283  the seller;
 1284         b. A valid salvage certificate of title issued in the name
 1285  of the seller or properly endorsed, as required in s. 319.22,
 1286  over to the seller; or
 1287         c. A valid certificate of destruction issued in the name of
 1288  the seller or properly endorsed over to the seller.
 1289         2. Any person who knowingly violates this paragraph by
 1290  selling, transporting, delivering, purchasing, or receiving a
 1291  motor vehicle, recreational vehicle, or mobile home without
 1292  obtaining a properly endorsed certificate of title, salvage
 1293  certificate of title, or certificate of destruction from the
 1294  owner commits a felony of the third degree, punishable as
 1295  provided in s. 775.082, s. 775.083, or s. 775.084.
 1296         (c)1. When a derelict motor vehicle is sold, transported,
 1297  or delivered to a licensed salvage motor vehicle dealer, the
 1298  purchaser shall record the date of purchase and the name,
 1299  address, and valid Florida driver’s license number or valid
 1300  Florida identification card number, or a valid driver’s license
 1301  number or identification card number issued by another state, of
 1302  the person selling the derelict motor vehicle, and it shall be
 1303  accompanied by:
 1304         a. A valid certificate of title issued in the name of the
 1305  seller or properly endorsed over to the seller;
 1306         b. A valid salvage certificate of title issued in the name
 1307  of the seller or properly endorsed over to the seller; or
 1308         c. A valid certificate of destruction issued in the name of
 1309  the seller or properly endorsed over to the seller.
 1310         2. If a valid certificate of title, salvage certificate of
 1311  title, or certificate of destruction is not available, a
 1312  derelict motor vehicle certificate application shall be
 1313  completed by the seller or owner of the motor vehicle or mobile
 1314  home, the seller’s or owner’s authorized transporter, and the
 1315  licensed salvage motor vehicle dealer at the time of sale,
 1316  transport, or delivery to the licensed salvage motor vehicle
 1317  dealer. The derelict motor vehicle certificate application shall
 1318  be used by the seller or owner, the seller’s or owner’s
 1319  authorized transporter, and the licensed salvage motor vehicle
 1320  dealer to obtain a derelict motor vehicle certificate from the
 1321  department. The derelict motor vehicle certificate application
 1322  must be accompanied by a legible copy of the seller’s or owner’s
 1323  valid Florida driver’s license or Florida identification card,
 1324  or a valid driver’s license or identification card issued by
 1325  another state. If the seller is not the owner of record of the
 1326  vehicle being sold, the dealer shall, at the time of sale,
 1327  ensure that a smudge-free right thumbprint, or other digit if
 1328  the seller has no right thumb, of the seller is imprinted upon
 1329  the derelict motor vehicle certificate application and that a
 1330  legible copy of the seller’s driver’s license or identification
 1331  card is affixed to the application and transmitted to the
 1332  department. The licensed salvage motor vehicle dealer shall
 1333  secure the derelict motor vehicle for 3 full business days,
 1334  excluding weekends and holidays, if there is no active lien or a
 1335  lien of 3 years or more on the department’s records before
 1336  destroying or dismantling the derelict motor vehicle and shall
 1337  follow all reporting procedures established by the department,
 1338  including electronic notification to the department or delivery
 1339  of the original derelict motor vehicle certificate application
 1340  to an agent of the department within 24 hours after receiving
 1341  the derelict motor vehicle. If there is an active lien of less
 1342  than 3 years on the derelict motor vehicle, the licensed salvage
 1343  motor vehicle dealer shall secure the derelict motor vehicle for
 1344  10 days. The department shall notify the lienholder that a
 1345  derelict motor vehicle certificate has been issued and shall
 1346  notify the lienholder of its intention to remove the lien. Ten
 1347  days after receipt of the motor vehicle derelict certificate
 1348  application, the department may remove the lien from its records
 1349  if a written statement protesting removal of the lien is not
 1350  received by the department from the lienholder within the 10-day
 1351  period. However, if the lienholder files with the department and
 1352  the licensed salvage motor vehicle dealer within the 10-day
 1353  period a written statement that the lien is still outstanding,
 1354  the department shall not remove the lien and shall place an
 1355  administrative hold on the record for 30 days to allow the
 1356  lienholder to apply for title to the vehicle or a repossession
 1357  certificate under s. 319.28. The licensed salvage motor vehicle
 1358  dealer must secure the derelict motor vehicle until the
 1359  department’s administrative stop is removed, the lienholder
 1360  submits a lien satisfaction, or the lienholder takes possession
 1361  of the vehicle. The licensed salvage motor vehicle dealer may
 1362  require the lienholder to reimburse him or her only for the
 1363  dealer’s purchase price of the derelict vehicle and shall not
 1364  include any towing costs, storage fees, administrative fees, or
 1365  other costs.
 1366         3. Any person who knowingly violates this paragraph by
 1367  selling, transporting, delivering, purchasing, or receiving a
 1368  derelict motor vehicle without obtaining a certificate of title,
 1369  salvage certificate of title, certificate of destruction, or
 1370  derelict motor vehicle certificate application; enters false or
 1371  fictitious information on a derelict motor vehicle certificate
 1372  application; does not complete the derelict motor vehicle
 1373  certificate application as required; does not obtain a legible
 1374  copy of the seller’s or owner’s valid driver’s license or
 1375  identification card when required; does not make the required
 1376  notification to the department; or destroys or dismantles a
 1377  derelict motor vehicle without waiting the required time as set
 1378  forth in subparagraph 2. commits a felony of the third degree,
 1379  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1380         (3)(a)1. As used in this section, a motor vehicle or mobile
 1381  home is a “total loss”:
 1382         a. When an insurance company pays the vehicle owner to
 1383  replace the wrecked or damaged vehicle with one of like kind and
 1384  quality or when an insurance company pays the owner upon the
 1385  theft of the motor vehicle or mobile home; or
 1386         b. When an uninsured or self-insured motor vehicle or
 1387  mobile home is wrecked or damaged and the cost, at the time of
 1388  loss, of repairing or rebuilding the vehicle is 80 percent or
 1389  more of the cost to the owner of replacing the wrecked or
 1390  damaged motor vehicle or mobile home with one of like kind and
 1391  quality.
 1392         2. A motor vehicle or mobile home shall not be considered a
 1393  “total loss” if the insurance company and owner of a motor
 1394  vehicle or mobile home agree to repair, rather than to replace,
 1395  the motor vehicle or mobile home. However, if the actual cost to
 1396  repair the motor vehicle or mobile home to the insurance company
 1397  exceeds 100 percent of the cost of replacing the wrecked or
 1398  damaged motor vehicle or mobile home with one of like kind and
 1399  quality, the owner shall forward to the department, within 72
 1400  hours after the agreement, a request to brand the certificate of
 1401  title with the words “Total Loss Vehicle.” Such a brand shall
 1402  become a part of the vehicle’s title history.
 1403         (b) The owner, including persons who are self-insured
 1404  entities, of any motor vehicle or mobile home which is
 1405  considered to be salvage shall, within 72 hours after the motor
 1406  vehicle or mobile home becomes salvage, forward the title to the
 1407  motor vehicle or mobile home to the department for processing.
 1408  However, an insurance company which pays money as compensation
 1409  for total loss of a motor vehicle or mobile home shall obtain
 1410  the certificate of title for the motor vehicle or mobile home
 1411  and, within 72 hours after receiving such certificate of title,
 1412  shall forward such title to the department for processing and
 1413  make the required notification to the National Motor Vehicle
 1414  Title Information System. The owner, or insurance company, or
 1415  self-insured entity as the case may be, may not dispose of a
 1416  vehicle or mobile home that is a total loss before it has
 1417  obtained a salvage certificate of title or certificate of
 1418  destruction from the department. When applying for a salvage
 1419  certificate of title or certificate of destruction, the owner,
 1420  or insurance company, or self-insured entity must provide the
 1421  department with an estimate of the costs of repairing the
 1422  physical and mechanical damage suffered by the vehicle for which
 1423  a salvage certificate of title or certificate of destruction is
 1424  sought. If the motor vehicle is a nonrepairable vehicle
 1425  estimated costs of repairing the physical and mechanical damage
 1426  to the vehicle are equal to 80 percent or more of the current
 1427  retail cost of the vehicle, as established in any official used
 1428  car or used mobile home guide, the department shall declare the
 1429  vehicle a nonrepairable vehicle unrebuildable and print a
 1430  certificate of destruction, which authorizes the dismantling or
 1431  destruction of the motor vehicle or mobile home described
 1432  therein. However, if the damaged motor vehicle is equipped with
 1433  custom-lowered floors for wheelchair access or a wheelchair
 1434  lift, the insurance company may, upon determining that the
 1435  vehicle is repairable to a condition that is safe for operation
 1436  on public roads, submit the certificate of title to the
 1437  department for reissuance as a salvage rebuildable title and the
 1438  addition of a title brand of “insurance-declared total loss.”
 1439  The certificate of destruction shall be reassignable a maximum
 1440  of two times before dismantling or destruction of the vehicle
 1441  shall be required, and shall accompany the motor vehicle or
 1442  mobile home for which it is issued, when such motor vehicle or
 1443  mobile home is sold for such purposes, in lieu of a certificate
 1444  of title, and, thereafter, the department shall refuse issuance
 1445  of any certificate of title for that vehicle. Nothing in this
 1446  subsection shall be applicable when a vehicle is worth less than
 1447  $1,500 retail in undamaged condition in any official used motor
 1448  vehicle guide or used mobile home guide or when a stolen motor
 1449  vehicle or mobile home is recovered in substantially intact
 1450  condition with all major component parts present and is readily
 1451  resalable without extensive repairs to or replacement of the
 1452  frame or engine. Any person who knowingly violates this
 1453  paragraph or falsifies any document to avoid the requirements of
 1454  this paragraph commits a misdemeanor of the first degree,
 1455  punishable as provided in s. 775.082 or s. 775.083.
 1456         (7)(a) In the event of a purchase by a secondary metals
 1457  recycler, that has been issued a certificate of registration
 1458  number, of:
 1459         1. Materials, prepared materials, or parts from any seller
 1460  for purposes other than the processing of such materials,
 1461  prepared materials, or parts, the purchaser shall obtain such
 1462  documentation as may be required by this section and shall
 1463  record the seller’s name and address, date of purchase, and the
 1464  personal identification card number of the person delivering
 1465  such items.
 1466         2. Parts or prepared materials from any seller for purposes
 1467  of the processing of such parts or prepared materials, the
 1468  purchaser shall record the seller’s name and address and date of
 1469  purchase and, in the event of a purchase transaction consisting
 1470  primarily of parts or prepared materials, the personal
 1471  identification card number of the person delivering such items.
 1472         3. Materials from another secondary metals recycler for
 1473  purposes of the processing of such materials, the purchaser
 1474  shall record the seller’s name and address and date of purchase.
 1475         4.a. Motor vehicles, recreational vehicles, mobile homes,
 1476  or derelict motor vehicles from other than a secondary metals
 1477  recycler for purposes of the processing of such motor vehicles,
 1478  recreational vehicles, mobile homes, or derelict motor vehicles,
 1479  the purchaser shall record the date of purchase and the name,
 1480  address, and personal identification card number of the person
 1481  selling such items and shall obtain the following documentation
 1482  from the seller with respect to each item purchased:
 1483         (I) A valid certificate of title issued in the name of the
 1484  seller or properly endorsed, as required in s. 319.22, over to
 1485  the seller;
 1486         (II) A valid salvage certificate of title issued in the
 1487  name of the seller or properly endorsed, as required in s.
 1488  319.22, over to the seller;
 1489         (III) A valid certificate of destruction issued in the name
 1490  of the seller or properly endorsed over to the seller; or
 1491         (IV) A valid derelict motor vehicle certificate obtained
 1492  from the department by a licensed salvage motor vehicle dealer
 1493  and properly reassigned to the secondary metals recycler.
 1494         b. If a valid certificate of title, salvage certificate of
 1495  title, certificate of destruction, or derelict motor vehicle
 1496  certificate is not available and the motor vehicle or mobile
 1497  home is a derelict motor vehicle, a derelict motor vehicle
 1498  certificate application shall be completed by the seller or
 1499  owner of the motor vehicle or mobile home, the seller’s or
 1500  owner’s authorized transporter, and the registered secondary
 1501  metals recycler at the time of sale, transport, or delivery to
 1502  the registered secondary metals recycler to obtain a derelict
 1503  motor vehicle certificate from the department. The derelict
 1504  motor vehicle certificate application must be accompanied by a
 1505  legible copy of the seller’s or owner’s valid Florida driver’s
 1506  license or Florida identification card, or a valid driver’s
 1507  license or identification card from another state. If the seller
 1508  is not the owner of record of the vehicle being sold, the
 1509  recycler shall, at the time of sale, ensure that a smudge-free
 1510  right thumbprint, or other digit if the seller has no right
 1511  thumb, of the seller is imprinted upon the derelict motor
 1512  vehicle certificate application and that the legible copy of the
 1513  seller’s driver’s license or identification card is affixed to
 1514  the application and transmitted to the department. The derelict
 1515  motor vehicle certificate shall be used by the owner, the
 1516  owner’s authorized transporter, and the registered secondary
 1517  metals recycler. The registered secondary metals recycler shall
 1518  secure the derelict motor vehicle for 3 full business days,
 1519  excluding weekends and holidays, if there is no active lien or a
 1520  lien of 3 years or more on the department’s records before
 1521  destroying or dismantling the derelict motor vehicle and shall
 1522  follow all reporting procedures established by the department,
 1523  including electronic notification to the department or delivery
 1524  of the original derelict motor vehicle certificate application
 1525  to an agent of the department within 24 hours after receiving
 1526  the derelict motor vehicle. If there is an active lien of less
 1527  than 3 years on the derelict motor vehicle, the registered
 1528  secondary metals recycler shall secure the derelict motor
 1529  vehicle for 10 days. The department shall notify the lienholder
 1530  of the application for a derelict motor vehicle certificate and
 1531  shall notify the lienholder of its intention to remove the lien.
 1532  Ten days after receipt of the motor vehicle derelict
 1533  application, the department may remove the lien from its records
 1534  if a written statement protesting removal of the lien is not
 1535  received by the department from the lienholder within the 10-day
 1536  period. However, if the lienholder files with the department and
 1537  the registered secondary metals recycler within the 10-day
 1538  period a written statement that the lien is still outstanding,
 1539  the department shall not remove the lien and shall place an
 1540  administrative hold on the record for 30 days to allow the
 1541  lienholder to apply for title to the vehicle or a repossession
 1542  certificate under s. 319.28. The registered secondary metals
 1543  recycler must secure the derelict motor vehicle until the
 1544  department’s administrative stop is removed, the lienholder
 1545  submits a lien satisfaction, or the lienholder takes possession
 1546  of the vehicle. The registered secondary metals recycler may
 1547  require the lienholder to reimburse him or her only for the
 1548  recycler’s purchase price of derelict vehicle and shall not
 1549  include any towing cost, storage fees, administrative fees, or
 1550  other costs.
 1551         c. Any person who knowingly violates this subparagraph by
 1552  selling, transporting, delivering, purchasing, or receiving a
 1553  motor vehicle, recreational motor vehicle, mobile home, or
 1554  derelict motor vehicle without obtaining a certificate of title,
 1555  salvage certificate of title, certificate of destruction, or
 1556  derelict motor vehicle certificate; enters false or fictitious
 1557  information on a derelict motor vehicle certificate application;
 1558  does not complete the derelict motor vehicle certificate
 1559  application as required or does not make the required
 1560  notification to the department; does not obtain a legible copy
 1561  of the seller’s or owner’s driver’s license or identification
 1562  card when required; or destroys or dismantles a derelict motor
 1563  vehicle without waiting the required time as set forth in sub
 1564  subparagraph b. commits a felony of the third degree, punishable
 1565  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1566         5. Major parts from other than a secondary metals recycler
 1567  for purposes of the processing of such major parts, the
 1568  purchaser shall record the seller’s name, address, date of
 1569  purchase, and the personal identification card number of the
 1570  person delivering such items, as well as the vehicle
 1571  identification number, if available, of each major part
 1572  purchased.
 1573         (b) Any person who violates this subsection commits a
 1574  felony of the third degree, punishable as provided in s.
 1575  775.082, s. 775.083, or s. 775.084.
 1576         (8)(a) Secondary metals recyclers and salvage motor vehicle
 1577  dealers shall return to the department on a monthly basis all
 1578  certificates of title and salvage certificates of title that are
 1579  required by this section to be obtained. Secondary metals
 1580  recyclers and salvage motor vehicle dealers may elect to notify
 1581  the department electronically through procedures established by
 1582  the department when they receive each motor vehicle or mobile
 1583  home, salvage motor vehicle or mobile home, or derelict motor
 1584  vehicle with a certificate of title or salvage certificate of
 1585  title through procedures established by the department. The
 1586  department may adopt rules and establish fees as it deems
 1587  necessary or proper for the administration of the electronic
 1588  notification service.
 1589         (b) Secondary metals recyclers and salvage motor vehicle
 1590  dealers shall keep originals, or a copy in the event the
 1591  original was returned to the department, of all certificates of
 1592  title, salvage certificates of title, certificates of
 1593  destruction, derelict motor vehicle certificates, proof of
 1594  reporting to the National Motor Vehicle Title Information
 1595  System, and all other information required by this section to be
 1596  recorded or obtained, on file in the offices of such secondary
 1597  metals recyclers or salvage motor vehicle dealers for a period
 1598  of 3 years after the date of purchase of the items reflected in
 1599  such certificates of title, salvage certificates of title,
 1600  certificates of destruction, or derelict motor vehicle
 1601  certificates. These records shall be maintained in chronological
 1602  order.
 1603         (c)Secondary metals recyclers and salvage motor vehicle
 1604  dealers shall on a monthly basis make the required notifications
 1605  on all junk, derelict motor vehicles, or salvage motor vehicles
 1606  that were obtained in whole or part to the National Motor
 1607  Vehicle Title Information System as required in 28 C.F.R. part
 1608  25.
 1609         (d)(c) For the purpose of enforcement of this section, the
 1610  department or its agents and employees have the same right of
 1611  inspection as law enforcement officers as provided in s.
 1612  812.055.
 1613         (e)(d) Whenever the department, its agent or employee, or
 1614  any law enforcement officer has reason to believe that a stolen
 1615  or fraudulently titled motor vehicle, mobile home, recreational
 1616  vehicle, salvage motor vehicle, or derelict motor vehicle is in
 1617  the possession of a salvage motor vehicle dealer or secondary
 1618  metals recycler, the department, its agent or employee, or the
 1619  law enforcement officer may issue an extended hold notice, not
 1620  to exceed 5 additional business days, excluding weekends and
 1621  holidays, to the salvage motor vehicle dealer or registered
 1622  secondary metals recycler.
 1623         (f)(e) Whenever a salvage motor vehicle dealer or
 1624  registered secondary metals recycler is notified by the
 1625  department, its agent or employee, or any law enforcement
 1626  officer to hold a motor vehicle, mobile home, recreational
 1627  vehicle, salvage motor vehicle, or derelict motor vehicle that
 1628  is believed to be stolen or fraudulently titled, the salvage
 1629  motor vehicle dealer or registered secondary metals recycler
 1630  shall hold the motor vehicle, mobile home, recreational vehicle,
 1631  salvage motor vehicle, or derelict motor vehicle and may not
 1632  dismantle or destroy the motor vehicle, mobile home,
 1633  recreational vehicle, salvage motor vehicle, or derelict motor
 1634  vehicle until it is recovered by a law enforcement officer, the
 1635  hold is released by the department or the law enforcement
 1636  officer placing the hold, or the 5 additional business days have
 1637  passed since being notified of the hold.
 1638         (g)(f) This section does not authorize any person who is
 1639  engaged in the business of recovering, towing, or storing
 1640  vehicles pursuant to s. 713.78, and who is claiming a lien for
 1641  performing labor or services on a motor vehicle or mobile home
 1642  pursuant to s. 713.58, or is claiming that a motor vehicle or
 1643  mobile home has remained on any premises after tenancy has
 1644  terminated pursuant to s. 715.104, to use a derelict motor
 1645  vehicle certificate application for the purpose of transporting,
 1646  selling, disposing of, or delivering a motor vehicle to a
 1647  salvage motor vehicle dealer or secondary metals recycler
 1648  without obtaining the title or certificate of destruction
 1649  required under s. 713.58, s. 713.78, or s. 715.104.
 1650         (h)(g) The department shall accept all properly endorsed
 1651  and completed derelict motor vehicle certificate applications
 1652  and shall issue a derelict motor vehicle certificate having an
 1653  effective date that authorizes when a derelict motor vehicle is
 1654  eligible for dismantling or destruction. The electronic
 1655  information obtained from the derelict motor vehicle certificate
 1656  application shall be stored electronically and shall be made
 1657  available to authorized persons after issuance of the derelict
 1658  motor vehicle certificate in the Florida Real Time Vehicle
 1659  Information System.
 1660         (i)(h) The department is authorized to adopt rules pursuant
 1661  to ss. 120.536(1) and 120.54 establishing policies and
 1662  procedures to administer and enforce this section.
 1663         (j)(i) The department shall charge a fee of $3 for each
 1664  derelict motor vehicle certificate delivered to the department
 1665  or one of its agents for processing and shall mark the title
 1666  record canceled. A service charge may be collected under s.
 1667  320.04.
 1668         (k)(j) The licensed salvage motor vehicle dealer or
 1669  registered secondary metals recycler shall make all payments for
 1670  the purchase of any derelict motor vehicle that is sold by a
 1671  seller who is not the owner of record on file with the
 1672  department by check or money order made payable to the seller
 1673  and may not make payment to the authorized transporter. The
 1674  licensed salvage motor vehicle dealer or registered secondary
 1675  metals recycler may not cash the check that such dealer or
 1676  recycler issued to the seller.
 1677         (9)(a) An insurance company may notify an independent
 1678  entity that obtains possession of a damaged or dismantled motor
 1679  vehicle to release the vehicle to the owner. The insurance
 1680  company shall provide the independent entity a release statement
 1681  on a form prescribed by the department authorizing the
 1682  independent entity to release the vehicle to the owner. The form
 1683  shall, at a minimum, contain the following:
 1684         1. The policy and claim number.
 1685         2. The name and address of the insured.
 1686         3. The vehicle identification number.
 1687         4. The signature of an authorized representative of the
 1688  insurance company.
 1689         (b) The independent entity in possession of a motor vehicle
 1690  must send a notice to the owner that the vehicle is available
 1691  for pick up when it receives a release statement from the
 1692  insurance company. The notice shall be sent by certified mail to
 1693  the owner at the owner’s address reflected in the department’s
 1694  records. The notice must inform the owner that the owner has 30
 1695  days after receipt of the notice to pick up the vehicle from the
 1696  independent entity. If the motor vehicle is not claimed within
 1697  30 days after the owner receives the notice, the independent
 1698  entity may apply for a certificate of destruction or a
 1699  certificate of title.
 1700         (c)The independent entity shall make the required
 1701  notification to the National Motor Vehicle Title Information
 1702  System before releasing any damaged or dismantled motor vehicle
 1703  to the owner or before applying for a certificate of destruction
 1704  or salvage certificate of title.
 1705         (d)(c) Upon applying for a certificate of destruction or
 1706  salvage certificate of title, the independent entity shall
 1707  provide a copy of the release statement from the insurance
 1708  company to the independent entity, proof of providing the 30-day
 1709  notice to the owner, proof of notification to the National Motor
 1710  Vehicle Title Information System, and applicable fees.
 1711         (e)(d) The independent entity may not charge an owner of
 1712  the vehicle storage fees or apply for a title under s. 713.585
 1713  or s. 713.78.
 1714         (11)All salvage motor vehicle dealers, secondary metals
 1715  recyclers, auctions, independent entities, or self-insured
 1716  entities that deal in salvage motor vehicles must be registered
 1717  with the National Motor Vehicle Title Information System and
 1718  shall be required to provide their registration number before
 1719  being licensed by the department or before processing any
 1720  certificate of title, salvage certificate of title, certificate
 1721  of destruction, or derelict certificate by the department.
 1722         (12)(11) Except as otherwise provided in this section, any
 1723  person who violates this section commits a felony of the third
 1724  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1725  775.084.
 1726         Section 20. Section 319.323, Florida Statutes, is amended
 1727  to read:
 1728         319.323 Expedited service; applications; fees.—The
 1729  department shall establish a separate title office which may be
 1730  used by private citizens and licensed motor vehicle dealers to
 1731  receive expedited service on title transfers, title issuances,
 1732  duplicate titles, and recordation of liens, and certificates of
 1733  repossession. A fee of $10 shall be charged for this service,
 1734  which fee is in addition to the fees imposed by s. 319.32. The
 1735  fee, after deducting the amount referenced by s. 319.324 and
 1736  $3.50 to be retained by the processing agency, shall be
 1737  deposited into the General Revenue Fund. Application for
 1738  expedited service may be made by mail or in person. The
 1739  department shall issue each title applied for under this section
 1740  within 5 working days after receipt of the application except
 1741  for an application for a duplicate title certificate covered by
 1742  s. 319.23(4), in which case the title must be issued within 5
 1743  working days after compliance with the department’s verification
 1744  requirements.
 1745         Section 21. Subsections (24) through (46) of section
 1746  320.01, Florida Statutes, are renumbered as subsections (23)
 1747  through (45), respectively, and present subsections (23) and
 1748  (25) of that section are amended, to read:
 1749         320.01 Definitions, general.—As used in the Florida
 1750  Statutes, except as otherwise provided, the term:
 1751         (23) “Apportioned motor vehicle” means any motor vehicle
 1752  which is required to be registered, or with respect to which an
 1753  election has been made to register it, under the International
 1754  Registration Plan.
 1755         (24)(25) “Apportionable vehicle” means any vehicle, except
 1756  recreational vehicles, vehicles displaying restricted plates,
 1757  city pickup and delivery vehicles, buses used in transportation
 1758  of chartered parties, and government-owned vehicles, which is
 1759  used or intended for use in two or more member jurisdictions
 1760  that allocate or proportionally register vehicles and which is
 1761  used for the transportation of persons for hire or is designed,
 1762  used, or maintained primarily for the transportation of property
 1763  and:
 1764         (a) Is a power unit having a gross vehicle weight in excess
 1765  of 26,000 26,001 pounds;
 1766         (b) Is a power unit having three or more axles, regardless
 1767  of weight; or
 1768         (c) Is used in combination, when the weight of such
 1769  combination exceeds 26,000 26,001 pounds gross vehicle weight.
 1770  
 1771  Vehicles, or combinations thereof, having a gross vehicle weight
 1772  of 26,000 26,001 pounds or less and two-axle vehicles may be
 1773  proportionally registered.
 1774         Section 22. Paragraph (a) of subsection (2) of section
 1775  320.02, Florida Statutes, is amended to read:
 1776         320.02 Registration required; application for registration;
 1777  forms.—
 1778         (2)(a) The application for registration shall include the
 1779  street address of the owner’s permanent residence or the address
 1780  of his or her permanent place of business and shall be
 1781  accompanied by personal or business identification information.
 1782  An individual applicant must provide which may include, but need
 1783  not be limited to, a valid driver license or number, Florida
 1784  identification card issued by this state or another state or a
 1785  valid passport. A business applicant must provide a number, or
 1786  federal employer identification number, if applicable, or
 1787  verification that the business is authorized to conduct business
 1788  in the state, or a Florida city or county business license or
 1789  number.
 1790         1. If the owner does not have a permanent residence or
 1791  permanent place of business or if the owner’s permanent
 1792  residence or permanent place of business cannot be identified by
 1793  a street address, the application shall include:
 1794         a.1. If the vehicle is registered to a business, the name
 1795  and street address of the permanent residence of an owner of the
 1796  business, an officer of the corporation, or an employee who is
 1797  in a supervisory position.
 1798         b.2. If the vehicle is registered to an individual, the
 1799  name and street address of the permanent residence of a close
 1800  relative or friend who is a resident of this state.
 1801         2. If the vehicle is registered to an active duty member of
 1802  the Armed Forces of the United States who is a Florida resident,
 1803  the active duty member is exempt from the requirement to provide
 1804  the street address of a permanent residence.
 1805         Section 23. Subsection (7) of section 320.03, Florida
 1806  Statutes, is amended to read:
 1807         320.03 Registration; duties of tax collectors;
 1808  International Registration Plan.—
 1809         (7) The Department of Highway Safety and Motor Vehicles
 1810  shall register apportionable apportioned motor vehicles under
 1811  the provisions of the International Registration Plan. The
 1812  department may adopt rules to implement and enforce the
 1813  provisions of the plan.
 1814         Section 24. Section 320.05, Florida Statutes, is amended to
 1815  read:
 1816         320.05 Records of the department; inspection procedure;
 1817  lists and searches; fees.—
 1818         (1) Except as provided in chapter 119 and s. 320.025(3),
 1819  the department may release records as provided in this section.
 1820         (2) Upon receipt of an application for the registration of
 1821  a motor vehicle, vessel, or mobile home, as herein provided for,
 1822  the department shall register the motor vehicle, vessel, or
 1823  mobile home under the distinctive number assigned to such motor
 1824  vehicle, vessel, or mobile home by the department. Electronic
 1825  registration records shall be open to the inspection of the
 1826  public during business hours.
 1827         (3) Information on a motor vehicle, or vessel, mobile home,
 1828  driver license, or crash record registration may not be made
 1829  available to a person unless the person requesting the
 1830  information furnishes positive proof of identification. The
 1831  agency that furnishes a motor vehicle or vessel registration
 1832  record shall record the name and address of any person other
 1833  than a representative of a law enforcement agency who requests
 1834  and receives information from a motor vehicle or vessel, mobile
 1835  home, driver license, or crash registration record and shall
 1836  also record the name and address of the person who is the
 1837  subject of the inquiry or other information identifying the
 1838  entity about which information is requested. A record of each
 1839  such inquiry must be maintained for a period of 6 months from
 1840  the date upon which the information was released to the
 1841  inquirer. Nothing in this section shall prohibit any financial
 1842  institution, insurance company, motor vehicle dealer, licensee
 1843  under chapter 493, attorney, or other agency which the
 1844  department determines has the right to know from obtaining, for
 1845  professional or business use only, information in such records
 1846  from the department through any means of telecommunication
 1847  pursuant to a code developed by the department providing all
 1848  fees specified in subsection (3) have been paid. The department
 1849  shall disclose records or information to the child support
 1850  enforcement agency to assist in the location of individuals who
 1851  owe or potentially owe support, as defined in s. 409.2554, or to
 1852  whom such an obligation is owed pursuant to Title IV-D of the
 1853  Social Security Act.
 1854         (4)(3)(a) The department is authorized, upon application of
 1855  any person and payment of the proper fees, to prepare and
 1856  furnish lists containing motor vehicle, or vessel, mobile home,
 1857  driver license, or crash record information in such form as the
 1858  department may authorize, to search the records of the
 1859  department and make reports thereof, and to make photographic
 1860  copies of the department records and attestations thereof.
 1861         (b) The department shall charge fees for services and
 1862  documents therefor shall be charged and collected as follows:
 1863         1. For providing lists of motor vehicle, or vessel, mobile
 1864  home, driver license, or crash records for the entire state, or
 1865  any part or parts thereof, divided according to counties, a sum
 1866  computed at a rate of not less than 1 cent nor more than 5 cents
 1867  per item.
 1868         2. For providing noncertified photographic copies of motor
 1869  vehicle, or vessel, mobile home, or driver license supporting
 1870  documents or verification letters, $1 per page.
 1871         3. For providing noncertified photographic copies of
 1872  micrographic records, $1 per page.
 1873         3.4. For certifying records purchased under subparagraph 2.
 1874  providing certified copies of motor vehicle or vessel records,
 1875  $3 per record.
 1876         5. For providing noncertified computer-generated printouts
 1877  of motor vehicle or vessel records, 50 cents per record.
 1878         6. For providing certified computer-generated printouts of
 1879  motor vehicle or vessel records, $3 per record.
 1880         4.7. For providing electronic access to motor vehicle,
 1881  vessel, and mobile home registration data requested by tag,
 1882  vehicle identification number, title number, or decal number, 50
 1883  cents per item.
 1884         5.8. For providing electronic access to driver driver’s
 1885  license status report by name, sex, and date of birth or by
 1886  driver license number, 50 cents per item.
 1887         6.9. For providing lists of licensed mobile home dealers
 1888  and manufacturers and recreational vehicle dealers and
 1889  manufacturers, $15 per list.
 1890         7.10. For providing lists of licensed motor vehicle
 1891  dealers, $25 per list.
 1892         11. For each copy of a videotape record, $15 per tape.
 1893         12. For each copy of the Division of Motorist Services
 1894  Procedures Manual, $25.
 1895         (c) Fees collected pursuant to paragraph (b) shall be
 1896  deposited into the Highway Safety Operating Trust Fund.
 1897         (d) The department shall furnish such information without
 1898  charge to any court or governmental entity.
 1899         (e) When motor vehicle, vessel, or mobile home registration
 1900  data is provided by electronic access through a tax collector’s
 1901  office, the applicable fee as provided in paragraph (b) must be
 1902  collected and deposited pursuant to paragraph (c). However, when
 1903  such registration data is obtained through an electronic system
 1904  described in s. 320.03(10), s. 320.0609, or s. 320.131 and
 1905  results in the issuance of a title certificate or the
 1906  registration credential, such fee shall not apply.
 1907         (5)(4) The department is authorized to reproduce such
 1908  documents, records, and reports as required to meet the
 1909  requirements of the law and the needs of the public, either by
 1910  photographing, microphotographing, or reproducing on film the
 1911  document, record, or report, or by using an electronic
 1912  digitizing process capable of reproducing a true and correct
 1913  image of the original source document. The photographs,
 1914  microphotographs, or electronic digitized copy of any records
 1915  made in compliance with the provisions of this section shall
 1916  have the same force and effect as the originals thereof and
 1917  shall be treated as originals for the purpose of their
 1918  admissibility into evidence. Duly certified or authenticated
 1919  reproductions of such photographs, microphotographs, or
 1920  electronically digitized records shall be admitted into evidence
 1921  equally with the original photographs, microphotographs, or
 1922  electronically digitized records.
 1923         (6)(5) The creation and maintenance of records by the
 1924  Division of Motorist Services pursuant to this chapter shall not
 1925  be regarded as law enforcement functions of agency
 1926  recordkeeping.
 1927         Section 25. Paragraph (b) of subsection (1) of section
 1928  320.071, Florida Statutes, is amended to read:
 1929         320.071 Advance registration renewal; procedures.—
 1930         (1)
 1931         (b) The owner of any apportionable apportioned motor
 1932  vehicle currently registered in this state under the
 1933  International Registration Plan may file an application for
 1934  renewal of registration with the department any time during the
 1935  3 months preceding the date of expiration of the registration
 1936  period.
 1937         Section 26. Subsections (1) and (3) of section 320.0715,
 1938  Florida Statutes, are amended to read:
 1939         320.0715 International Registration Plan; motor carrier
 1940  services; permits; retention of records.—
 1941         (1) All apportionable commercial motor vehicles domiciled
 1942  in this state and engaged in interstate commerce shall be
 1943  registered in accordance with the provisions of the
 1944  International Registration Plan and shall display apportioned
 1945  license plates.
 1946         (3)(a) If the department is unable to immediately issue the
 1947  apportioned license plate to an applicant currently registered
 1948  in this state under the International Registration Plan or to a
 1949  vehicle currently titled in this state, the department or its
 1950  designated agent may is authorized to issue a 60-day temporary
 1951  operational permit. The department or agent of the department
 1952  shall charge a $3 fee and the service charge authorized by s.
 1953  320.04 for each temporary operational permit it issues.
 1954         (b) The department may not shall in no event issue a
 1955  temporary operational permit for any apportionable commercial
 1956  motor vehicle to any applicant until the applicant has shown
 1957  that:
 1958         1. All sales or use taxes due on the registration of the
 1959  vehicle are paid; and
 1960         2. Insurance requirements have been met in accordance with
 1961  ss. 320.02(5) and 627.7415.
 1962         (c) Issuance of a temporary operational permit provides
 1963  commercial motor vehicle registration privileges in each
 1964  International Registration Plan member jurisdiction designated
 1965  on said permit and therefore requires payment of all applicable
 1966  registration fees and taxes due for that period of registration.
 1967         (d) Application for permanent registration must be made to
 1968  the department within 10 days from issuance of a temporary
 1969  operational permit. Failure to file an application within this
 1970  10-day period may result in cancellation of the temporary
 1971  operational permit.
 1972         Section 27. Subsection (1) of section 320.18, Florida
 1973  Statutes, is amended to read:
 1974         320.18 Withholding registration.—
 1975         (1) The department may withhold the registration of any
 1976  motor vehicle or mobile home the owner or coowner of which has
 1977  failed to register it under the provisions of law for any
 1978  previous period or periods for which it appears registration
 1979  should have been made in this state, until the tax for such
 1980  period or periods is paid. The department may cancel any vehicle
 1981  or vessel registration, driver driver’s license, identification
 1982  card, or fuel-use tax decal if the owner or coowner pays for any
 1983  the vehicle or vessel registration, driver driver’s license,
 1984  identification card, or fuel-use tax decal; pays any
 1985  administrative, delinquency, or reinstatement fee; or pays any
 1986  tax liability, penalty, or interest specified in chapter 207 by
 1987  a dishonored check, or if the vehicle owner or motor carrier has
 1988  failed to pay a penalty for a weight or safety violation issued
 1989  by the Department of Transportation or the Department of Highway
 1990  Safety and Motor Vehicles. The Department of Transportation and
 1991  the Department of Highway Safety and Motor Vehicles may impound
 1992  any commercial motor vehicle that has a canceled license plate
 1993  or fuel-use tax decal until the tax liability, penalty, and
 1994  interest specified in chapter 207, the license tax, or the fuel
 1995  use decal fee, and applicable administrative fees have been paid
 1996  for by certified funds.
 1997         Section 28. Subsection (3), paragraph (a) of subsection
 1998  (4), and subsection (5) of section 320.27, Florida Statutes, are
 1999  amended to read:
 2000         320.27 Motor vehicle dealers.—
 2001         (3) APPLICATION AND FEE.—The application for the license
 2002  shall be in such form as may be prescribed by the department and
 2003  shall be subject to such rules with respect thereto as may be so
 2004  prescribed by it. Such application shall be verified by oath or
 2005  affirmation and shall contain a full statement of the name and
 2006  birth date of the person or persons applying therefor; the name
 2007  of the firm or copartnership, with the names and places of
 2008  residence of all members thereof, if such applicant is a firm or
 2009  copartnership; the names and places of residence of the
 2010  principal officers, if the applicant is a body corporate or
 2011  other artificial body; the name of the state under whose laws
 2012  the corporation is organized; the present and former place or
 2013  places of residence of the applicant; and prior business in
 2014  which the applicant has been engaged and the location thereof.
 2015  Such application shall describe the exact location of the place
 2016  of business and shall state whether the place of business is
 2017  owned by the applicant and when acquired, or, if leased, a true
 2018  copy of the lease shall be attached to the application. The
 2019  applicant shall certify that the location provides an adequately
 2020  equipped office and is not a residence; that the location
 2021  affords sufficient unoccupied space upon and within which
 2022  adequately to store all motor vehicles offered and displayed for
 2023  sale; and that the location is a suitable place where the
 2024  applicant can in good faith carry on such business and keep and
 2025  maintain books, records, and files necessary to conduct such
 2026  business, which shall be available at all reasonable hours to
 2027  inspection by the department or any of its inspectors or other
 2028  employees. The applicant shall certify that the business of a
 2029  motor vehicle dealer is the principal business which shall be
 2030  conducted at that location. The application shall contain a
 2031  statement that the applicant is either franchised by a
 2032  manufacturer of motor vehicles, in which case the name of each
 2033  motor vehicle that the applicant is franchised to sell shall be
 2034  included, or an independent (nonfranchised) motor vehicle
 2035  dealer. The application shall contain other relevant information
 2036  as may be required by the department, including evidence that
 2037  the applicant is insured under a garage liability insurance
 2038  policy or a general liability insurance policy coupled with a
 2039  business automobile policy, which shall include, at a minimum,
 2040  $25,000 combined single-limit liability coverage including
 2041  bodily injury and property damage protection and $10,000
 2042  personal injury protection. However, a salvage motor vehicle
 2043  dealer as defined in subparagraph (1)(c)5. is exempt from the
 2044  requirements for garage liability insurance and personal injury
 2045  protection insurance on those vehicles that cannot be legally
 2046  operated on roads, highways, or streets in this state. Franchise
 2047  dealers must submit a garage liability insurance policy, and all
 2048  other dealers must submit a garage liability insurance policy or
 2049  a general liability insurance policy coupled with a business
 2050  automobile policy. Such policy shall be for the license period,
 2051  and evidence of a new or continued policy shall be delivered to
 2052  the department at the beginning of each license period. Upon
 2053  making initial application, the applicant shall pay to the
 2054  department a fee of $300 in addition to any other fees now
 2055  required by law. Applicants may choose to extend the licensure
 2056  period for 1 additional year for a total of 2 years. An initial
 2057  applicant shall pay to the department a fee of $300 for the
 2058  first year and $75 for the second year, in addition to any other
 2059  fees required by law. An applicant for renewal shall pay to the
 2060  department $75 for a 1-year renewal or $150 for a 2-year
 2061  renewal, in addition to any other fees required by law Upon
 2062  making a subsequent renewal application, the applicant shall pay
 2063  to the department a fee of $75 in addition to any other fees now
 2064  required by law. Upon making an application for a change of
 2065  location, the person shall pay a fee of $50 in addition to any
 2066  other fees now required by law. The department shall, in the
 2067  case of every application for initial licensure, verify whether
 2068  certain facts set forth in the application are true. Each
 2069  applicant, general partner in the case of a partnership, or
 2070  corporate officer and director in the case of a corporate
 2071  applicant, must file a set of fingerprints with the department
 2072  for the purpose of determining any prior criminal record or any
 2073  outstanding warrants. The department shall submit the
 2074  fingerprints to the Department of Law Enforcement for state
 2075  processing and forwarding to the Federal Bureau of Investigation
 2076  for federal processing. The actual cost of state and federal
 2077  processing shall be borne by the applicant and is in addition to
 2078  the fee for licensure. The department may issue a license to an
 2079  applicant pending the results of the fingerprint investigation,
 2080  which license is fully revocable if the department subsequently
 2081  determines that any facts set forth in the application are not
 2082  true or correctly represented.
 2083         (4) LICENSE CERTIFICATE.—
 2084         (a) A license certificate shall be issued by the department
 2085  in accordance with such application when the application is
 2086  regular in form and in compliance with the provisions of this
 2087  section. The license certificate may be in the form of a
 2088  document or a computerized card as determined by the department.
 2089  The actual cost of each original, additional, or replacement
 2090  computerized card shall be borne by the licensee and is in
 2091  addition to the fee for licensure. Such license, when so issued,
 2092  entitles the licensee to carry on and conduct the business of a
 2093  motor vehicle dealer. Each license issued to a franchise motor
 2094  vehicle dealer expires annually on December 31 of the year of
 2095  its expiration unless revoked or suspended prior to that date.
 2096  Each license issued to an independent or wholesale dealer or
 2097  auction expires annually on April 30 of the year of its
 2098  expiration unless revoked or suspended prior to that date. At
 2099  least Not less than 60 days before prior to the license
 2100  expiration date, the department shall deliver or mail to each
 2101  licensee the necessary renewal forms. Each independent dealer
 2102  shall certify that the dealer (owner, partner, officer, or
 2103  director of the licensee, or a full-time employee of the
 2104  licensee that holds a responsible management-level position) has
 2105  completed 8 hours of continuing education prior to filing the
 2106  renewal forms with the department. Such certification shall be
 2107  filed once every 2 years. The continuing education shall include
 2108  at least 2 hours of legal or legislative issues, 1 hour of
 2109  department issues, and 5 hours of relevant motor vehicle
 2110  industry topics. Continuing education shall be provided by
 2111  dealer schools licensed under paragraph (b) either in a
 2112  classroom setting or by correspondence. Such schools shall
 2113  provide certificates of completion to the department and the
 2114  customer which shall be filed with the license renewal form, and
 2115  such schools may charge a fee for providing continuing
 2116  education. Any licensee who does not file his or her application
 2117  and fees and any other requisite documents, as required by law,
 2118  with the department at least 30 days prior to the license
 2119  expiration date shall cease to engage in business as a motor
 2120  vehicle dealer on the license expiration date. A renewal filed
 2121  with the department within 45 days after the expiration date
 2122  shall be accompanied by a delinquent fee of $100. Thereafter, a
 2123  new application is required, accompanied by the initial license
 2124  fee. A license certificate duly issued by the department may be
 2125  modified by endorsement to show a change in the name of the
 2126  licensee, provided, as shown by affidavit of the licensee, the
 2127  majority ownership interest of the licensee has not changed or
 2128  the name of the person appearing as franchisee on the sales and
 2129  service agreement has not changed. Modification of a license
 2130  certificate to show any name change as herein provided shall not
 2131  require initial licensure or reissuance of dealer tags; however,
 2132  any dealer obtaining a name change shall transact all business
 2133  in and be properly identified by that name. All documents
 2134  relative to licensure shall reflect the new name. In the case of
 2135  a franchise dealer, the name change shall be approved by the
 2136  manufacturer, distributor, or importer. A licensee applying for
 2137  a name change endorsement shall pay a fee of $25 which fee shall
 2138  apply to the change in the name of a main location and all
 2139  additional locations licensed under the provisions of subsection
 2140  (5). Each initial license application received by the department
 2141  shall be accompanied by verification that, within the preceding
 2142  6 months, the applicant, or one or more of his or her designated
 2143  employees, has attended a training and information seminar
 2144  conducted by a licensed motor vehicle dealer training school.
 2145  Any applicant for a new franchised motor vehicle dealer license
 2146  who has held a valid franchised motor vehicle dealer license
 2147  continuously for the past 2 years and who remains in good
 2148  standing with the department is exempt from the prelicensing
 2149  training requirement. Such seminar shall include, but is not
 2150  limited to, statutory dealer requirements, which requirements
 2151  include required bookkeeping and recordkeeping procedures,
 2152  requirements for the collection of sales and use taxes, and such
 2153  other information that in the opinion of the department will
 2154  promote good business practices. No seminar may exceed 8 hours
 2155  in length.
 2156         (5) SUPPLEMENTAL LICENSE.—Any person licensed under this
 2157  section hereunder shall obtain a supplemental license for each
 2158  permanent additional place or places of business not contiguous
 2159  to the premises for which the original license is issued, on a
 2160  form to be furnished by the department, and upon payment of a
 2161  fee of $50 for each such additional location. Applicants may
 2162  choose to extend the licensure period for 1 additional year for
 2163  a total of 2 years. The applicant shall pay to the department a
 2164  fee of $50 for the first year and $50 for the second year for
 2165  each such additional location. Thereafter, the applicant shall
 2166  pay $50 for a 1-year renewal or $100 for a 2-year renewal for
 2167  each such additional location Upon making renewal applications
 2168  for such supplemental licenses, such applicant shall pay $50 for
 2169  each additional location. A supplemental license authorizing
 2170  off-premises sales shall be issued, at no charge to the dealer,
 2171  for a period not to exceed 10 consecutive calendar days. To
 2172  obtain such a temporary supplemental license for off-premises
 2173  sales, the applicant must be a licensed dealer; must notify the
 2174  applicable local department office of the specific dates and
 2175  location for which such license is requested, display a sign at
 2176  the licensed location clearly identifying the dealer, and
 2177  provide staff to work at the temporary location for the duration
 2178  of the off-premises sale; must meet any local government
 2179  permitting requirements; and must have permission of the
 2180  property owner to sell at that location. In the case of an off
 2181  premises sale by a motor vehicle dealer licensed under
 2182  subparagraph (1)(c)1. for the sale of new motor vehicles, the
 2183  applicant must also include documentation notifying the
 2184  applicable licensee licensed under s. 320.61 of the intent to
 2185  engage in an off-premises sale 5 working days prior to the date
 2186  of the off-premises sale. The licensee shall either approve or
 2187  disapprove of the off-premises sale within 2 working days after
 2188  receiving notice; otherwise, it will be deemed approved. This
 2189  section does not apply to a nonselling motor vehicle show or
 2190  public display of new motor vehicles.
 2191         Section 29. Section 320.62, Florida Statutes, is amended to
 2192  read:
 2193         320.62 Licenses; amount; disposition of proceeds.—The
 2194  initial license for each manufacturer, distributor, or importer
 2195  shall be $300 and shall be in addition to all other licenses or
 2196  taxes now or hereafter levied, assessed, or required of the
 2197  applicant or licensee. Applicants may choose to extend the
 2198  licensure period for 1 additional year for a total of 2 years.
 2199  An initial applicant shall pay to the department a fee of $300
 2200  for the first year and $100 for the second year. An applicant
 2201  for a renewal license shall pay $100 to the department for a 1
 2202  year renewal or $200 for a 2-year renewal The annual renewal
 2203  license fee shall be $100. The proceeds from all licenses under
 2204  ss. 320.60-320.70 shall be paid into the State Treasury to the
 2205  credit of the General Revenue Fund. All licenses shall be
 2206  payable on or before October 1 of the each year and shall
 2207  expire, unless sooner revoked or suspended, on the following
 2208  September 30 of the year of its expiration.
 2209         Section 30. Subsections (4) and (6) of section 320.77,
 2210  Florida Statutes, are amended to read:
 2211         320.77 License required of mobile home dealers.—
 2212         (4) FEES.—Upon making initial application, the applicant
 2213  shall pay to the department a fee of $300 in addition to any
 2214  other fees now required by law. Applicants may choose to extend
 2215  the licensure period for 1 additional year for a total of 2
 2216  years. An initial applicant shall pay to the department a fee of
 2217  $300 for the first year and $100 for the second year in addition
 2218  to any other fees required by law. An applicant for a renewal
 2219  license shall pay to the department $100 for a 1-year renewal or
 2220  $200 for a 2-year renewal The fee for renewal application shall
 2221  be $100. The fee for application for change of location shall be
 2222  $25. Any applicant for renewal who has failed to submit his or
 2223  her renewal application by October 1 of the year of its current
 2224  license expiration shall pay a renewal application fee equal to
 2225  the original application fee. No fee is refundable. All fees
 2226  shall be deposited into the General Revenue Fund.
 2227         (6) LICENSE CERTIFICATE.—A license certificate shall be
 2228  issued by the department in accordance with the application when
 2229  the same is regular in form and in compliance with the
 2230  provisions of this section. The license certificate may be in
 2231  the form of a document or a computerized card as determined by
 2232  the department. The cost of each original, additional, or
 2233  replacement computerized card shall be borne by the licensee and
 2234  is in addition to the fee for licensure. The fees charged
 2235  applicants for both the required background investigation and
 2236  the computerized card as provided in this section shall be
 2237  deposited into the Highway Safety Operating Trust Fund. The
 2238  license, when so issued, shall entitle the licensee to carry on
 2239  and conduct the business of a mobile home dealer at the location
 2240  set forth in the license for a period of 1 or 2 years beginning
 2241  year from October 1 preceding the date of issuance. Each initial
 2242  application received by the department shall be accompanied by
 2243  verification that, within the preceding 6 months, the applicant
 2244  or one or more of his or her designated employees has attended a
 2245  training and information seminar conducted by the department or
 2246  by a public or private provider approved by the department. Such
 2247  seminar shall include, but not be limited to, statutory dealer
 2248  requirements, which requirements include required bookkeeping
 2249  and recording procedures, requirements for the collection of
 2250  sales and use taxes, and such other information that in the
 2251  opinion of the department will promote good business practices.
 2252         Section 31. Subsections (4) and (6) of section 320.771,
 2253  Florida Statutes, are amended to read:
 2254         320.771 License required of recreational vehicle dealers.—
 2255         (4) FEES.—Upon making initial application, the applicant
 2256  shall pay to the department a fee of $300 in addition to any
 2257  other fees now required by law. Applicants may choose to extend
 2258  the licensure period for 1 additional year for a total of 2
 2259  years. An initial applicant shall pay to the department a fee of
 2260  $300 for the first year and $100 for the second year in addition
 2261  to any other fees required by law. An applicant for a renewal
 2262  license shall pay to the department $100 for a 1-year renewal or
 2263  $200 for a 2-year renewal The fee for renewal application shall
 2264  be $100. The fee for application for change of location shall be
 2265  $25. Any applicant for renewal who has failed to submit his or
 2266  her renewal application by October 1 of the year of its current
 2267  license expiration shall pay a renewal application fee equal to
 2268  the original application fee. No fee is refundable. All fees
 2269  shall be deposited into the General Revenue Fund.
 2270         (6) LICENSE CERTIFICATE.—A license certificate shall be
 2271  issued by the department in accordance with the application when
 2272  the same is regular in form and in compliance with the
 2273  provisions of this section. The license certificate may be in
 2274  the form of a document or a computerized card as determined by
 2275  the department. The cost of each original, additional, or
 2276  replacement computerized card shall be borne by the licensee and
 2277  is in addition to the fee for licensure. The fees charged
 2278  applicants for both the required background investigation and
 2279  the computerized card as provided in this section shall be
 2280  deposited into the Highway Safety Operating Trust Fund. The
 2281  license, when so issued, shall entitle the licensee to carry on
 2282  and conduct the business of a recreational vehicle dealer at the
 2283  location set forth in the license for a period of 1 or 2 years
 2284  year from October 1 preceding the date of issuance. Each initial
 2285  application received by the department shall be accompanied by
 2286  verification that, within the preceding 6 months, the applicant
 2287  or one or more of his or her designated employees has attended a
 2288  training and information seminar conducted by the department or
 2289  by a public or private provider approved by the department. Such
 2290  seminar shall include, but not be limited to, statutory dealer
 2291  requirements, which requirements include required bookkeeping
 2292  and recording procedures, requirements for the collection of
 2293  sales and use taxes, and such other information that in the
 2294  opinion of the department will promote good business practices.
 2295         Section 32. Subsections (3) and (6) of section 320.8225,
 2296  Florida Statutes, are amended to read:
 2297         320.8225 Mobile home and recreational vehicle manufacturer,
 2298  distributor, and importer license.—
 2299         (3) FEES.—Upon submitting an initial application, the
 2300  applicant shall pay to the department a fee of $300. Applicants
 2301  may choose to extend the licensure period for 1 additional year
 2302  for a total of 2 years. An initial applicant shall pay to the
 2303  department a fee of $300 for the first year and $100 for the
 2304  second year. An applicant for a renewal license shall pay to the
 2305  department $100 for a 1-year renewal or $200 for a 2-year
 2306  renewal Upon submitting a renewal application, the applicant
 2307  shall pay to the department a fee of $100. Any applicant for
 2308  renewal who fails to submit his or her renewal application by
 2309  October 1 of the year of its current license expiration shall
 2310  pay a renewal application fee equal to the original application
 2311  fee. No fee is refundable. All fees must be deposited into the
 2312  General Revenue Fund.
 2313         (6) LICENSE PERIOD YEAR.—A license issued to a mobile home
 2314  manufacturer or a recreational vehicle manufacturer,
 2315  distributor, or importer entitles the licensee to conduct
 2316  business for a period of 1 or 2 years beginning year from
 2317  October 1 preceding the date of issuance.
 2318         Section 33. Section 322.095, Florida Statutes, is amended
 2319  to read:
 2320         322.095 Traffic law and substance abuse education program
 2321  for driver driver’s license applicants.—
 2322         (1) Each applicant for a driver license must complete a
 2323  traffic law and substance abuse education course, unless the
 2324  applicant has been licensed in another jurisdiction or has
 2325  satisfactorily completed a Department of Education driver
 2326  education course offered pursuant to s. 1003.48.
 2327         (2)(1) The Department of Highway Safety and Motor Vehicles
 2328  must approve traffic law and substance abuse education courses,
 2329  including courses that use communications technology as the
 2330  delivery method.
 2331         (a) In addition to the course approval criteria provided in
 2332  this section, initial approval of traffic law and substance
 2333  abuse education courses shall be based on the department’s
 2334  review of all course materials which must be designed to promote
 2335  safety, education, and driver awareness; course presentation to
 2336  the department by the provider; and the provider’s plan for
 2337  effective oversight of the course by those who deliver the
 2338  course in the state.
 2339         (b) Each course provider seeking approval of a traffic law
 2340  and substance abuse education course must submit:
 2341         1. Proof of ownership, copyright, or written permission
 2342  from the course owner to use the course in the state that must
 2343  be completed by applicants for a Florida driver’s license.
 2344         2. The curriculum curricula for the courses which must
 2345  promote motorcyclist, bicyclist, and pedestrian safety and
 2346  provide instruction on the physiological and psychological
 2347  consequences of the abuse of alcohol and other drugs;, the
 2348  societal and economic costs of alcohol and drug abuse;, the
 2349  effects of alcohol and drug abuse on the driver of a motor
 2350  vehicle;, and the laws of this state relating to the operation
 2351  of a motor vehicle; the risk factors involved in driver attitude
 2352  and irresponsible driver behaviors, such as speeding, reckless
 2353  driving, and running red lights and stop signs; and the results
 2354  of the use of electronic devices while driving. All instructors
 2355  teaching the courses shall be certified by the department.
 2356         (3)(2) The department shall contract for an independent
 2357  evaluation of the courses. Local DUI programs authorized under
 2358  s. 316.193(5) and certified by the department or a driver
 2359  improvement school may offer a traffic law and substance abuse
 2360  education course. However, Prior to offering the course, the
 2361  course provider must obtain certification from the department
 2362  that the course complies with the requirements of this section.
 2363  If the course is offered in a classroom setting, the course
 2364  provider and any schools authorized by the provider to teach the
 2365  course must offer the approved course at locations that are free
 2366  from distractions and reasonably accessible to most applicants
 2367  and must issue a certificate to those persons successfully
 2368  completing the course.
 2369         (3) The completion of a course does not qualify a person
 2370  for the reinstatement of a driver’s license which has been
 2371  suspended or revoked.
 2372         (4) The fee charged by the course provider must bear a
 2373  reasonable relationship to the cost of the course. The
 2374  department must conduct financial audits of course providers
 2375  conducting the education courses required under this section or
 2376  require that financial audits of providers be performed, at the
 2377  expense of the provider, by a certified public accountant.
 2378         (5) The provisions of this section do not apply to any
 2379  person who has been licensed in any other jurisdiction or who
 2380  has satisfactorily completed a Department of Education driver’s
 2381  education course offered pursuant to s. 1003.48.
 2382         (4)(6)In addition to a regular course fee, an assessment
 2383  fee in the amount of $3 shall be collected by the school from
 2384  each person who attends a course. The course provider must remit
 2385  the $3 assessment fee to the department for deposit into the
 2386  Highway Safety Operating Trust Fund in order to receive a unique
 2387  course completion certificate number for the student. Each
 2388  course provider must collect a $3 assessment fee in addition to
 2389  the enrollment fee charged to participants of the traffic law
 2390  and substance abuse course required under this section. The $3
 2391  assessment fee collected by the course provider must be
 2392  forwarded to the department within 30 days after receipt of the
 2393  assessment.
 2394         (5)(7) The department may is authorized to maintain the
 2395  information and records necessary to administer its duties and
 2396  responsibilities for the program. Course providers are required
 2397  to maintain all records pertinent to the conduct of their
 2398  approved courses for 5 years and allow the department to inspect
 2399  such records as necessary. Records may be maintained in an
 2400  electronic format. If Where such information is a public record
 2401  as defined in chapter 119, it shall be made available to the
 2402  public upon request pursuant to s. 119.07(1). The department
 2403  shall approve and regulate courses that use technology as the
 2404  delivery method of all traffic law and substance abuse education
 2405  courses as the courses relate to this section.
 2406         (6) The department shall design, develop, implement, and
 2407  conduct effectiveness studies on each delivery method of all
 2408  courses approved pursuant to this section on a recurring 3-year
 2409  basis. At a minimum, studies shall be conducted on the
 2410  effectiveness of each course in reducing DUI citations and
 2411  decreasing moving traffic violations or collision recidivism.
 2412  Upon notification that a course has failed an effectiveness
 2413  study, the course provider shall immediately cease offering the
 2414  course in the state.
 2415         (7) Courses approved under this section must be updated at
 2416  the department’s request. Failure of a course provider to update
 2417  the course within 90 days after the department’s request shall
 2418  result in the suspension of the course approval until such time
 2419  that the updates are submitted and approved by the department.
 2420         (8) Each course provider shall ensure that its driver
 2421  improvement schools are conducting the approved courses fully,
 2422  to the required time limits, and with the content requirements
 2423  specified by the department. The course provider shall ensure
 2424  that only department-approved instructional materials are used
 2425  in the presentation of the course, and that all driver
 2426  improvement schools conducting the course do so in a manner that
 2427  maximizes its impact and effectiveness. The course provider
 2428  shall ensure that any student who is unable to attend or
 2429  complete a course due to action, error, or omission on the part
 2430  of the course provider or driver improvement school conducting
 2431  the course shall be accommodated to permit completion of the
 2432  course at no additional cost.
 2433         (9) Traffic law and substance abuse education courses shall
 2434  be conducted with a minimum of 4 hours devoted to course content
 2435  minus a maximum of 30 minutes allotted for breaks.
 2436         (10) A course provider may not require any student to
 2437  purchase a course completion certificate. Course providers
 2438  offering paper or electronic certificates for purchase must
 2439  clearly convey to the student that this purchase is optional,
 2440  that the only valid course completion certificate is the
 2441  electronic one that is entered into the department’s Driver
 2442  Improvement Certificate Issuance System, and that paper
 2443  certificates are not acceptable for any licensing purpose.
 2444         (11) Course providers and all associated driver improvement
 2445  schools that offer approved courses shall disclose all fees
 2446  associated with the course and shall not charge any fees that
 2447  are not clearly listed during the registration process.
 2448         (12) Course providers shall submit course completion
 2449  information to the department through the department’s Driver
 2450  Improvement Certificate Issuance System within 5 days. The
 2451  submission shall be free of charge to the student.
 2452         (13) The department may deny, suspend, or revoke course
 2453  approval upon proof that the course provider:
 2454         (a) Violated this section.
 2455         (b) Has been convicted of a crime involving any drug
 2456  related or DUI-related offense, a felony, fraud, or a crime
 2457  directly related to the personal safety of a student.
 2458         (c) Failed to satisfy the effectiveness criteria as
 2459  outlined in subsection (6).
 2460         (d) Obtained course approval by fraud or misrepresentation.
 2461         (e) Obtained or assisted a person in obtaining any driver
 2462  license by fraud or misrepresentation.
 2463         (f) Conducted a traffic law and substance abuse education
 2464  course in the state while approval of such course was under
 2465  suspension or revocation.
 2466         (g) Failed to provide effective oversight of those who
 2467  deliver the course in the state.
 2468         (14) The department shall not accept certificates from
 2469  students who take a course after the course has been suspended
 2470  or revoked.
 2471         (15) A person who has been convicted of a crime involving
 2472  any drug-related or DUI-related offense in the past 5 years, a
 2473  felony, fraud, or a crime directly related to the personal
 2474  safety of a student shall not be allowed to conduct traffic law
 2475  and substance abuse education courses.
 2476         (16) The department shall summarily suspend approval of any
 2477  course without preliminary hearing for the purpose of protecting
 2478  the public safety and enforcing any provision of law governing
 2479  traffic law and substance abuse education courses.
 2480         (17) Except as otherwise provided in this section, before
 2481  final department action denying, suspending, or revoking
 2482  approval of a course, the course provider shall have the
 2483  opportunity to request either a formal or informal
 2484  administrative hearing to show cause why the action should not
 2485  be taken.
 2486         (18) The department may levy and collect a civil fine of at
 2487  least $1,000 but not more than $5,000 for each violation of this
 2488  section. Proceeds from fines collected shall be deposited into
 2489  the Highway Safety Operating Trust Fund and used to cover the
 2490  cost of administering this section or promoting highway safety
 2491  initiatives.
 2492         Section 34. Subsection (1) of section 322.125, Florida
 2493  Statutes, is amended to read:
 2494         322.125 Medical Advisory Board.—
 2495         (1) There shall be a Medical Advisory Board composed of not
 2496  fewer than 12 or more than 25 members, at least one of whom must
 2497  be 60 years of age or older and all but one of whose medical and
 2498  other specialties must relate to driving abilities, which number
 2499  must include a doctor of medicine who is employed by the
 2500  Department of Highway Safety and Motor Vehicles in Tallahassee,
 2501  who shall serve as administrative officer for the board. The
 2502  executive director of the Department of Highway Safety and Motor
 2503  Vehicles shall recommend persons to serve as board members.
 2504  Every member but two must be a doctor of medicine licensed to
 2505  practice medicine in this or any other state and must be a
 2506  member in good standing of the Florida Medical Association or
 2507  the Florida Osteopathic Association. One member must be an
 2508  optometrist licensed to practice optometry in this state and
 2509  must be a member in good standing of the Florida Optometric
 2510  Association. One member must be a chiropractic physician
 2511  licensed to practice chiropractic medicine in this state.
 2512  Members shall be approved by the Cabinet and shall serve 4-year
 2513  staggered terms. The board membership must, to the maximum
 2514  extent possible, consist of equal representation of the
 2515  disciplines of the medical community treating the mental or
 2516  physical disabilities that could affect the safe operation of
 2517  motor vehicles.
 2518         Section 35. Subsection (4) of section 322.135, Florida
 2519  Statutes, is amended to read:
 2520         322.135 Driver Driver’s license agents.—
 2521         (4) A tax collector may not issue or renew a driver
 2522  driver’s license if he or she has any reason to believe that the
 2523  licensee or prospective licensee is physically or mentally
 2524  unqualified to operate a motor vehicle. The tax collector may
 2525  direct any such licensee to the department for examination or
 2526  reexamination under s. 322.221.
 2527         Section 36. Paragraph (a) of subsection (5) of section
 2528  322.18, Florida Statutes, is amended to read:
 2529         322.18 Original applications, licenses, and renewals;
 2530  expiration of licenses; delinquent licenses.—
 2531         (5) All renewal driver driver’s licenses may be issued
 2532  after the applicant licensee has been determined to be eligible
 2533  by the department.
 2534         (a) A licensee who is otherwise eligible for renewal and
 2535  who is at least 80 years of age:
 2536         1. Must submit to and pass a vision test administered at
 2537  any driver driver’s license office; or
 2538         2. If the licensee applies for a renewal using a
 2539  convenience service as provided in subsection (8), he or she
 2540  must submit to a vision test administered by a doctor of
 2541  medicine or a doctor of osteopathy licensed to practice medicine
 2542  in any state or an optometrist licensed to practice optometry in
 2543  any state physician licensed under chapter 458 or chapter 459,
 2544  an optometrist licensed under chapter 463, or a licensed
 2545  physician at a federally established veterans’ hospital; must
 2546  send the results of that test to the department on a form
 2547  obtained from the department and signed by such health care
 2548  practitioner; and must meet vision standards that are equivalent
 2549  to the standards for passing the departmental vision test. The
 2550  physician or optometrist may submit the results of a vision test
 2551  by a department-approved electronic means.
 2552         Section 37. Subsection (1) of section 322.21, Florida
 2553  Statutes, is amended to read:
 2554         322.21 License fees; procedure for handling and collecting
 2555  fees.—
 2556         (1) Except as otherwise provided herein, the fee for:
 2557         (a) An original or renewal commercial driver driver’s
 2558  license is $75, which shall include the fee for driver education
 2559  provided by s. 1003.48. However, if an applicant has completed
 2560  training and is applying for employment or is currently employed
 2561  in a public or nonpublic school system that requires the
 2562  commercial license, the fee is the same as for a Class E driver
 2563  driver’s license. A delinquent fee of $15 shall be added for a
 2564  renewal within 12 months after the license expiration date.
 2565         (b) An original Class E driver driver’s license is $48,
 2566  which includes the fee for driver driver’s education provided by
 2567  s. 1003.48. However, if an applicant has completed training and
 2568  is applying for employment or is currently employed in a public
 2569  or nonpublic school system that requires a commercial driver
 2570  license, the fee is the same as for a Class E license.
 2571         (c) The renewal or extension of a Class E driver driver’s
 2572  license or of a license restricted to motorcycle use only is
 2573  $48, except that a delinquent fee of $15 shall be added for a
 2574  renewal or extension made within 12 months after the license
 2575  expiration date. The fee provided in this paragraph includes the
 2576  fee for driver driver’s education provided by s. 1003.48.
 2577         (d) An original driver driver’s license restricted to
 2578  motorcycle use only is $48, which includes the fee for driver
 2579  driver’s education provided by s. 1003.48.
 2580         (e) A replacement driver driver’s license issued pursuant
 2581  to s. 322.17 is $25. Of this amount $7 shall be deposited into
 2582  the Highway Safety Operating Trust Fund and $18 shall be
 2583  deposited into the General Revenue Fund. Beginning July 1, 2015,
 2584  or upon completion of the transition of driver driver’s license
 2585  issuance services, if the replacement driver driver’s license is
 2586  issued by the tax collector, the tax collector shall retain the
 2587  $7 that would otherwise be deposited into the Highway Safety
 2588  Operating Trust Fund and the remaining revenues shall be
 2589  deposited into the General Revenue Fund.
 2590         (f) An original, renewal, or replacement identification
 2591  card issued pursuant to s. 322.051 is $25. Funds collected from
 2592  these fees shall be distributed as follows:
 2593         1. For an original identification card issued pursuant to
 2594  s. 322.051 the fee is $25. This amount shall be deposited into
 2595  the General Revenue Fund.
 2596         2. For a renewal identification card issued pursuant to s.
 2597  322.051 the fee is $25. Of this amount, $6 shall be deposited
 2598  into the Highway Safety Operating Trust Fund and $19 shall be
 2599  deposited into the General Revenue Fund.
 2600         3. For a replacement identification card issued pursuant to
 2601  s. 322.051 the fee is $25. Of this amount, $9 shall be deposited
 2602  into the Highway Safety Operating Trust Fund and $16 shall be
 2603  deposited into the General Revenue Fund. Beginning July 1, 2015,
 2604  or upon completion of the transition of the driver driver’s
 2605  license issuance services, if the replacement identification
 2606  card is issued by the tax collector, the tax collector shall
 2607  retain the $9 that would otherwise be deposited into the Highway
 2608  Safety Operating Trust Fund and the remaining revenues shall be
 2609  deposited into the General Revenue Fund.
 2610         (g) Each endorsement required by s. 322.57 is $7.
 2611         (h) A hazardous-materials endorsement, as required by s.
 2612  322.57(1)(d), shall be set by the department by rule and must
 2613  reflect the cost of the required criminal history check,
 2614  including the cost of the state and federal fingerprint check,
 2615  and the cost to the department of providing and issuing the
 2616  license. The fee shall not exceed $100. This fee shall be
 2617  deposited in the Highway Safety Operating Trust Fund. The
 2618  department may adopt rules to administer this section.
 2619         (i) The specialty driver license or identification card
 2620  issued pursuant to s. 322.1415 is $25, which is in addition to
 2621  other fees required in this section. The fee shall be
 2622  distributed as follows:
 2623         1. Fifty percent shall be distributed as provided in s.
 2624  320.08058 to the appropriate state or independent university,
 2625  professional sports team, or branch of the United States Armed
 2626  Forces.
 2627         2. Fifty percent shall be distributed to the department for
 2628  costs directly related to the specialty driver license and
 2629  identification card program and to defray the costs associated
 2630  with production enhancements and distribution.
 2631         Section 38. Subsection (7) of section 322.212, Florida
 2632  Statutes, is amended to read:
 2633         322.212 Unauthorized possession of, and other unlawful acts
 2634  in relation to, driver driver’s license or identification card.—
 2635         (7) In addition to any other penalties provided by this
 2636  section, any person who provides false information when applying
 2637  for a commercial driver driver’s license or commercial learner’s
 2638  permit or is convicted of fraud in connection with testing for a
 2639  commercial driver license or commercial learner’s permit shall
 2640  be disqualified from operating a commercial motor vehicle for a
 2641  period of 1 year 60 days.
 2642         Section 39. Subsection (1) of section 322.22, Florida
 2643  Statutes, is amended to read:
 2644         322.22 Authority of department to cancel or refuse to issue
 2645  or renew license.—
 2646         (1) The department may is authorized to cancel or withhold
 2647  issuance or renewal of any driver driver’s license, upon
 2648  determining that the licensee was not entitled to the issuance
 2649  thereof, or that the licensee failed to give the required or
 2650  correct information in his or her application or committed any
 2651  fraud in making such application, or that the licensee has two
 2652  or more licenses on file with the department, each in a
 2653  different name but bearing the photograph of the licensee,
 2654  unless the licensee has complied with the requirements of this
 2655  chapter in obtaining the licenses. The department may cancel or
 2656  withhold issuance or renewal of any driver driver’s license,
 2657  identification card, vehicle or vessel registration, or fuel-use
 2658  decal if the licensee fails to pay the correct fee or pays for
 2659  any driver the driver’s license, identification card, vehicle or
 2660  vessel registration, or fuel-use decal; pays any tax liability,
 2661  penalty, or interest specified in chapter 207; or pays any
 2662  administrative, delinquency, or reinstatement fee by a
 2663  dishonored check.
 2664         Section 40. Subsection (3) of section 322.245, Florida
 2665  Statutes, is amended to read:
 2666         322.245 Suspension of license upon failure of person
 2667  charged with specified offense under chapter 316, chapter 320,
 2668  or this chapter to comply with directives ordered by traffic
 2669  court or upon failure to pay child support in non-IV-D cases as
 2670  provided in chapter 61 or failure to pay any financial
 2671  obligation in any other criminal case.—
 2672         (3) If the person fails to comply with the directives of
 2673  the court within the 30-day period, or, in non-IV-D cases, fails
 2674  to comply with the requirements of s. 61.13016 within the period
 2675  specified in that statute, the depository or the clerk of the
 2676  court shall electronically notify the department of such failure
 2677  within 10 days. Upon electronic receipt of the notice, the
 2678  department shall immediately issue an order suspending the
 2679  person’s driver driver’s license and privilege to drive
 2680  effective 20 days after the date the order of suspension is
 2681  mailed in accordance with s. 322.251(1), (2), and (6).
 2682         Section 41. Subsection (7) of section 322.25, Florida
 2683  Statutes, is amended to read:
 2684         322.25 When court to forward license to department and
 2685  report convictions; temporary reinstatement of driving
 2686  privileges.—
 2687         (7) Any licensed driver convicted of driving, or being in
 2688  the actual physical control of, a vehicle within this state
 2689  while under the influence of alcoholic beverages, any chemical
 2690  substance set forth in s. 877.111, or any substance controlled
 2691  under chapter 893, when affected to the extent that his or her
 2692  normal faculties are impaired, and whose license and driving
 2693  privilege have been revoked as provided in subsection (1) may be
 2694  issued a court order for reinstatement of a driving privilege on
 2695  a temporary basis; provided that, as a part of the penalty, upon
 2696  conviction, the defendant is required to enroll in and complete
 2697  a driver improvement course for the rehabilitation of drinking
 2698  drivers and the driver is otherwise eligible for reinstatement
 2699  of the driving privilege as provided by s. 322.282. The court
 2700  order for reinstatement shall be on a form provided by the
 2701  department and must be taken by the person convicted to a
 2702  Florida driver’s license examining office, where a temporary
 2703  driving permit may be issued. The period of time for which a
 2704  temporary permit issued in accordance with this subsection is
 2705  valid shall be deemed to be part of the period of revocation
 2706  imposed by the court.
 2707         Section 42. Section 322.2615, Florida Statutes, is amended
 2708  to read:
 2709         322.2615 Suspension of license; right to review.—
 2710         (1)(a) A law enforcement officer or correctional officer
 2711  shall, on behalf of the department, suspend the driving
 2712  privilege of a person who is driving or in actual physical
 2713  control of a motor vehicle and who has an unlawful blood-alcohol
 2714  level or breath-alcohol level of 0.08 or higher, or of a person
 2715  who has refused to submit to a urine test or a test of his or
 2716  her breath-alcohol or blood-alcohol level. The officer shall
 2717  take the person’s driver driver’s license and issue the person a
 2718  10-day temporary permit if the person is otherwise eligible for
 2719  the driving privilege and shall issue the person a notice of
 2720  suspension. If a blood test has been administered, the officer
 2721  or the agency employing the officer shall transmit such results
 2722  to the department within 5 days after receipt of the results. If
 2723  the department then determines that the person had a blood
 2724  alcohol level or breath-alcohol level of 0.08 or higher, the
 2725  department shall suspend the person’s driver driver’s license
 2726  pursuant to subsection (3).
 2727         (b) The suspension under paragraph (a) shall be pursuant
 2728  to, and the notice of suspension shall inform the driver of, the
 2729  following:
 2730         1.a. The driver refused to submit to a lawful breath,
 2731  blood, or urine test and his or her driving privilege is
 2732  suspended for a period of 1 year for a first refusal or for a
 2733  period of 18 months if his or her driving privilege has been
 2734  previously suspended as a result of a refusal to submit to such
 2735  a test; or
 2736         b. The driver was driving or in actual physical control of
 2737  a motor vehicle and had an unlawful blood-alcohol level or
 2738  breath-alcohol level of 0.08 or higher and his or her driving
 2739  privilege is suspended for a period of 6 months for a first
 2740  offense or for a period of 1 year if his or her driving
 2741  privilege has been previously suspended under this section.
 2742         2. The suspension period shall commence on the date of
 2743  issuance of the notice of suspension.
 2744         3. The driver may request a formal or informal review of
 2745  the suspension by the department within 10 days after the date
 2746  of issuance of the notice of suspension.
 2747         4. The temporary permit issued at the time of suspension
 2748  expires at midnight of the 10th day following the date of
 2749  issuance of the notice of suspension.
 2750         5. The driver may submit to the department any materials
 2751  relevant to the suspension.
 2752         (2)(a) Except as provided in paragraph (1)(a), the law
 2753  enforcement officer shall forward to the department, within 5
 2754  days after issuing the notice of suspension, the driver driver’s
 2755  license; an affidavit stating the officer’s grounds for belief
 2756  that the person was driving or in actual physical control of a
 2757  motor vehicle while under the influence of alcoholic beverages
 2758  or chemical or controlled substances; the results of any breath
 2759  or blood test or an affidavit stating that a breath, blood, or
 2760  urine test was requested by a law enforcement officer or
 2761  correctional officer and that the person refused to submit; the
 2762  officer’s description of the person’s field sobriety test, if
 2763  any; and the notice of suspension. The failure of the officer to
 2764  submit materials within the 5-day period specified in this
 2765  subsection and in subsection (1) does not affect the
 2766  department’s ability to consider any evidence submitted at or
 2767  prior to the hearing.
 2768         (b) The officer may also submit a copy of the crash report
 2769  and a copy of a video recording videotape of the field sobriety
 2770  test or the attempt to administer such test. Materials submitted
 2771  to the department by a law enforcement agency or correctional
 2772  agency shall be considered self-authenticating and shall be in
 2773  the record for consideration by the hearing officer.
 2774  Notwithstanding s. 316.066(5), the crash report shall be
 2775  considered by the hearing officer.
 2776         (3) If the department determines that the license should be
 2777  suspended pursuant to this section and if the notice of
 2778  suspension has not already been served upon the person by a law
 2779  enforcement officer or correctional officer as provided in
 2780  subsection (1), the department shall issue a notice of
 2781  suspension and, unless the notice is mailed pursuant to s.
 2782  322.251, a temporary permit that expires 10 days after the date
 2783  of issuance if the driver is otherwise eligible.
 2784         (4) If the person whose license was suspended requests an
 2785  informal review pursuant to subparagraph (1)(b)3., the
 2786  department shall conduct the informal review by a hearing
 2787  officer designated employed by the department. Such informal
 2788  review hearing shall consist solely of an examination by the
 2789  department of the materials submitted by a law enforcement
 2790  officer or correctional officer and by the person whose license
 2791  was suspended, and the presence of an officer or witness is not
 2792  required.
 2793         (5) After completion of the informal review, notice of the
 2794  department’s decision sustaining, amending, or invalidating the
 2795  suspension of the driver driver’s license of the person whose
 2796  license was suspended must be provided to such person. Such
 2797  notice must be mailed to the person at the last known address
 2798  shown on the department’s records, or to the address provided in
 2799  the law enforcement officer’s report if such address differs
 2800  from the address of record, within 21 days after the expiration
 2801  of the temporary permit issued pursuant to subsection (1) or
 2802  subsection (3).
 2803         (6)(a) If the person whose license was suspended requests a
 2804  formal review, the department must schedule a hearing to be held
 2805  within 30 days after such request is received by the department
 2806  and must notify the person of the date, time, and place of the
 2807  hearing.
 2808         (b) Such formal review hearing shall be held before a
 2809  hearing officer designated employed by the department, and the
 2810  hearing officer shall be authorized to administer oaths, examine
 2811  witnesses and take testimony, receive relevant evidence, issue
 2812  subpoenas for the officers and witnesses identified in documents
 2813  provided under paragraph (2)(a) in subsection (2), regulate the
 2814  course and conduct of the hearing, question witnesses, and make
 2815  a ruling on the suspension. The hearing officer may conduct
 2816  hearings using communications technology. The party requesting
 2817  the presence of a witness shall be responsible for the payment
 2818  of any witness fees and for notifying in writing the state
 2819  attorney’s office in the appropriate circuit of the issuance of
 2820  the subpoena. If the person who requests a formal review hearing
 2821  fails to appear and the hearing officer finds such failure to be
 2822  without just cause, the right to a formal hearing is waived and
 2823  the suspension shall be sustained.
 2824         (c) The failure of a subpoenaed witness to appear at the
 2825  formal review hearing is not grounds to invalidate the
 2826  suspension. If a witness fails to appear, a party may seek
 2827  enforcement of a subpoena under paragraph (b) by filing a
 2828  petition for enforcement in the circuit court of the judicial
 2829  circuit in which the person failing to comply with the subpoena
 2830  resides or by filing a motion for enforcement in any criminal
 2831  court case resulting from the driving or actual physical control
 2832  of a motor vehicle that gave rise to the suspension under this
 2833  section. A failure to comply with an order of the court shall
 2834  result in a finding of contempt of court. However, a person is
 2835  not in contempt while a subpoena is being challenged.
 2836         (d) The department must, within 7 working days after a
 2837  formal review hearing, send notice to the person of the hearing
 2838  officer’s decision as to whether sufficient cause exists to
 2839  sustain, amend, or invalidate the suspension.
 2840         (7) In a formal review hearing under subsection (6) or an
 2841  informal review hearing under subsection (4), the hearing
 2842  officer shall determine by a preponderance of the evidence
 2843  whether sufficient cause exists to sustain, amend, or invalidate
 2844  the suspension. The scope of the review shall be limited to the
 2845  following issues:
 2846         (a) If the license was suspended for driving with an
 2847  unlawful blood-alcohol level or breath-alcohol level of 0.08 or
 2848  higher:
 2849         1. Whether the law enforcement officer had probable cause
 2850  to believe that the person whose license was suspended was
 2851  driving or in actual physical control of a motor vehicle in this
 2852  state while under the influence of alcoholic beverages or
 2853  chemical or controlled substances.
 2854         2. Whether the person whose license was suspended had an
 2855  unlawful blood-alcohol level or breath-alcohol level of 0.08 or
 2856  higher as provided in s. 316.193.
 2857         (b) If the license was suspended for refusal to submit to a
 2858  breath, blood, or urine test:
 2859         1. Whether the law enforcement officer had probable cause
 2860  to believe that the person whose license was suspended was
 2861  driving or in actual physical control of a motor vehicle in this
 2862  state while under the influence of alcoholic beverages or
 2863  chemical or controlled substances.
 2864         2. Whether the person whose license was suspended refused
 2865  to submit to any such test after being requested to do so by a
 2866  law enforcement officer or correctional officer.
 2867         3. Whether the person whose license was suspended was told
 2868  that if he or she refused to submit to such test his or her
 2869  privilege to operate a motor vehicle would be suspended for a
 2870  period of 1 year or, in the case of a second or subsequent
 2871  refusal, for a period of 18 months.
 2872         (8) Based on the determination of the hearing officer
 2873  pursuant to subsection (7) for both informal hearings under
 2874  subsection (4) and formal hearings under subsection (6), the
 2875  department shall:
 2876         (a) Sustain the suspension of the person’s driving
 2877  privilege for a period of 1 year for a first refusal, or for a
 2878  period of 18 months if the driving privilege of such person has
 2879  been previously suspended as a result of a refusal to submit to
 2880  such tests, if the person refused to submit to a lawful breath,
 2881  blood, or urine test. The suspension period commences on the
 2882  date of issuance of the notice of suspension.
 2883         (b) Sustain the suspension of the person’s driving
 2884  privilege for a period of 6 months for a blood-alcohol level or
 2885  breath-alcohol level of 0.08 or higher, or for a period of 1
 2886  year if the driving privilege of such person has been previously
 2887  suspended under this section as a result of driving with an
 2888  unlawful alcohol level. The suspension period commences on the
 2889  date of issuance of the notice of suspension.
 2890         (9) A request for a formal review hearing or an informal
 2891  review hearing shall not stay the suspension of the person’s
 2892  driver driver’s license. If the department fails to schedule the
 2893  formal review hearing to be held within 30 days after receipt of
 2894  the request therefor, the department shall invalidate the
 2895  suspension. If the scheduled hearing is continued at the
 2896  department’s initiative or the driver enforces the subpoena as
 2897  provided in subsection (6), the department shall issue a
 2898  temporary driving permit that shall be valid until the hearing
 2899  is conducted if the person is otherwise eligible for the driving
 2900  privilege. Such permit may not be issued to a person who sought
 2901  and obtained a continuance of the hearing. The permit issued
 2902  under this subsection shall authorize driving for business or
 2903  employment use only.
 2904         (10) A person whose driver driver’s license is suspended
 2905  under subsection (1) or subsection (3) may apply for issuance of
 2906  a license for business or employment purposes only if the person
 2907  is otherwise eligible for the driving privilege pursuant to s.
 2908  322.271.
 2909         (a) If the suspension of the driver driver’s license of the
 2910  person for failure to submit to a breath, urine, or blood test
 2911  is sustained, the person is not eligible to receive a license
 2912  for business or employment purposes only, pursuant to s.
 2913  322.271, until 90 days have elapsed after the expiration of the
 2914  last temporary permit issued. If the driver is not issued a 10
 2915  day permit pursuant to this section or s. 322.64 because he or
 2916  she is ineligible for the permit and the suspension for failure
 2917  to submit to a breath, urine, or blood test is not invalidated
 2918  by the department, the driver is not eligible to receive a
 2919  business or employment license pursuant to s. 322.271 until 90
 2920  days have elapsed from the date of the suspension.
 2921         (b) If the suspension of the driver driver’s license of the
 2922  person relating to unlawful blood-alcohol level or breath
 2923  alcohol level of 0.08 or higher is sustained, the person is not
 2924  eligible to receive a license for business or employment
 2925  purposes only pursuant to s. 322.271 until 30 days have elapsed
 2926  after the expiration of the last temporary permit issued. If the
 2927  driver is not issued a 10-day permit pursuant to this section or
 2928  s. 322.64 because he or she is ineligible for the permit and the
 2929  suspension relating to unlawful blood-alcohol level or breath
 2930  alcohol level of 0.08 or higher is not invalidated by the
 2931  department, the driver is not eligible to receive a business or
 2932  employment license pursuant to s. 322.271 until 30 days have
 2933  elapsed from the date of the suspension.
 2934         (11) The formal review hearing may be conducted upon a
 2935  review of the reports of a law enforcement officer or a
 2936  correctional officer, including documents relating to the
 2937  administration of a breath test or blood test or the refusal to
 2938  take either test or the refusal to take a urine test. However,
 2939  as provided in subsection (6), the driver may subpoena the
 2940  officer or any person who administered or analyzed a breath or
 2941  blood test. If the arresting officer or the breath technician
 2942  fails to appear pursuant to a subpoena as provided in subsection
 2943  (6), the department shall invalidate the suspension.
 2944         (12) The formal review hearing and the informal review
 2945  hearing are exempt from the provisions of chapter 120. The
 2946  department may adopt rules for the conduct of reviews under this
 2947  section.
 2948         (13) A person may appeal any decision of the department
 2949  sustaining a suspension of his or her driver driver’s license by
 2950  a petition for writ of certiorari to the circuit court in the
 2951  county wherein such person resides or wherein a formal or
 2952  informal review was conducted pursuant to s. 322.31. However, an
 2953  appeal shall not stay the suspension. A law enforcement agency
 2954  may appeal any decision of the department invalidating a
 2955  suspension by a petition for writ of certiorari to the circuit
 2956  court in the county wherein a formal or informal review was
 2957  conducted. This subsection shall not be construed to provide for
 2958  a de novo review appeal.
 2959         (14)(a) The decision of the department under this section
 2960  or any circuit court review thereof may not be considered in any
 2961  trial for a violation of s. 316.193, and a written statement
 2962  submitted by a person in his or her request for departmental
 2963  review under this section may not be admitted into evidence
 2964  against him or her in any such trial.
 2965         (b) The disposition of any related criminal proceedings
 2966  does not affect a suspension for refusal to submit to a blood,
 2967  breath, or urine test imposed under this section.
 2968         (15) If the department suspends a person’s license under s.
 2969  322.2616, it may not also suspend the person’s license under
 2970  this section for the same episode that was the basis for the
 2971  suspension under s. 322.2616.
 2972         (16) The department shall invalidate a suspension for
 2973  driving with an unlawful blood-alcohol level or breath-alcohol
 2974  level imposed under this section if the suspended person is
 2975  found not guilty at trial of an underlying violation of s.
 2976  316.193.
 2977         Section 43. Section 322.2616, Florida Statutes, is amended
 2978  to read:
 2979         322.2616 Suspension of license; persons under 21 years of
 2980  age; right to review.—
 2981         (1)(a) Notwithstanding s. 316.193, it is unlawful for a
 2982  person under the age of 21 who has a blood-alcohol or breath
 2983  alcohol level of 0.02 or higher to drive or be in actual
 2984  physical control of a motor vehicle.
 2985         (b) A law enforcement officer who has probable cause to
 2986  believe that a motor vehicle is being driven by or is in the
 2987  actual physical control of a person who is under the age of 21
 2988  while under the influence of alcoholic beverages or who has any
 2989  blood-alcohol or breath-alcohol level may lawfully detain such a
 2990  person and may request that person to submit to a test to
 2991  determine his or her blood-alcohol or breath-alcohol level.
 2992         (2)(a) A law enforcement officer or correctional officer
 2993  shall, on behalf of the department, suspend the driving
 2994  privilege of such person if the person has a blood-alcohol or
 2995  breath-alcohol level of 0.02 or higher. The officer shall also
 2996  suspend, on behalf of the department, the driving privilege of a
 2997  person who has refused to submit to a test as provided by
 2998  paragraph (b). The officer shall take the person’s driver
 2999  driver’s license and issue the person a 10-day temporary driving
 3000  permit if the person is otherwise eligible for the driving
 3001  privilege and shall issue the person a notice of suspension.
 3002         (b) The suspension under paragraph (a) must be pursuant to,
 3003  and the notice of suspension must inform the driver of, the
 3004  following:
 3005         1.a. The driver refused to submit to a lawful breath test
 3006  and his or her driving privilege is suspended for a period of 1
 3007  year for a first refusal or for a period of 18 months if his or
 3008  her driving privilege has been previously suspended as provided
 3009  in this section as a result of a refusal to submit to a test; or
 3010         b. The driver was under the age of 21 and was driving or in
 3011  actual physical control of a motor vehicle while having a blood
 3012  alcohol or breath-alcohol level of 0.02 or higher; and the
 3013  person’s driving privilege is suspended for a period of 6 months
 3014  for a first violation, or for a period of 1 year if his or her
 3015  driving privilege has been previously suspended as provided in
 3016  this section for driving or being in actual physical control of
 3017  a motor vehicle with a blood-alcohol or breath-alcohol level of
 3018  0.02 or higher.
 3019         2. The suspension period commences on the date of issuance
 3020  of the notice of suspension.
 3021         3. The driver may request a formal or informal review of
 3022  the suspension by the department within 10 days after the
 3023  issuance of the notice of suspension.
 3024         4. A temporary permit issued at the time of the issuance of
 3025  the notice of suspension shall not become effective until after
 3026  12 hours have elapsed and will expire at midnight of the 10th
 3027  day following the date of issuance.
 3028         5. The driver may submit to the department any materials
 3029  relevant to the suspension of his or her license.
 3030         (c) When a driver subject to this section has a blood
 3031  alcohol or breath-alcohol level of 0.05 or higher, the
 3032  suspension shall remain in effect until such time as the driver
 3033  has completed a substance abuse course offered by a DUI program
 3034  licensed by the department. The driver shall assume the
 3035  reasonable costs for the substance abuse course. As part of the
 3036  substance abuse course, the program shall conduct a substance
 3037  abuse evaluation of the driver, and notify the parents or legal
 3038  guardians of drivers under the age of 19 years of the results of
 3039  the evaluation. The term “substance abuse” means the abuse of
 3040  alcohol or any substance named or described in Schedules I
 3041  through V of s. 893.03. If a driver fails to complete the
 3042  substance abuse education course and evaluation, the driver
 3043  driver’s license shall not be reinstated by the department.
 3044         (d) A minor under the age of 18 years proven to be driving
 3045  with a blood-alcohol or breath-alcohol level of 0.02 or higher
 3046  may be taken by a law enforcement officer to the addictions
 3047  receiving facility in the county in which the minor is found to
 3048  be so driving, if the county makes the addictions receiving
 3049  facility available for such purpose.
 3050         (3) The law enforcement officer shall forward to the
 3051  department, within 5 days after the date of the issuance of the
 3052  notice of suspension, a copy of the notice of suspension, the
 3053  driver driver’s license of the person receiving the notice of
 3054  suspension, and an affidavit stating the officer’s grounds for
 3055  belief that the person was under the age of 21 and was driving
 3056  or in actual physical control of a motor vehicle with any blood
 3057  alcohol or breath-alcohol level, and the results of any blood or
 3058  breath test or an affidavit stating that a breath test was
 3059  requested by a law enforcement officer or correctional officer
 3060  and that the person refused to submit to such test. The failure
 3061  of the officer to submit materials within the 5-day period
 3062  specified in this subsection does not bar the department from
 3063  considering any materials submitted at or before the hearing.
 3064         (4) If the department finds that the license of the person
 3065  should be suspended under this section and if the notice of
 3066  suspension has not already been served upon the person by a law
 3067  enforcement officer or correctional officer as provided in
 3068  subsection (2), the department shall issue a notice of
 3069  suspension and, unless the notice is mailed under s. 322.251, a
 3070  temporary driving permit that expires 10 days after the date of
 3071  issuance if the driver is otherwise eligible.
 3072         (5) If the person whose license is suspended requests an
 3073  informal review under subparagraph (2)(b)3., the department
 3074  shall conduct the informal review by a hearing officer
 3075  designated employed by the department within 30 days after the
 3076  request is received by the department and shall issue such
 3077  person a temporary driving permit for business purposes only to
 3078  expire on the date that such review is scheduled to be conducted
 3079  if the person is otherwise eligible. The informal review hearing
 3080  must consist solely of an examination by the department of the
 3081  materials submitted by a law enforcement officer or correctional
 3082  officer and by the person whose license is suspended, and the
 3083  presence of an officer or witness is not required.
 3084         (6) After completion of the informal review, notice of the
 3085  department’s decision sustaining, amending, or invalidating the
 3086  suspension of the driver driver’s license must be provided to
 3087  the person. The notice must be mailed to the person at the last
 3088  known address shown on the department’s records, or to the
 3089  address provided in the law enforcement officer’s report if such
 3090  address differs from the address of record, within 7 days after
 3091  completing the review.
 3092         (7)(a) If the person whose license is suspended requests a
 3093  formal review, the department must schedule a hearing to be held
 3094  within 30 days after the request is received by the department
 3095  and must notify the person of the date, time, and place of the
 3096  hearing and shall issue such person a temporary driving permit
 3097  for business purposes only to expire on the date that such
 3098  review is scheduled to be conducted if the person is otherwise
 3099  eligible.
 3100         (b) The formal review hearing must be held before a hearing
 3101  officer designated employed by the department, and the hearing
 3102  officer may administer oaths, examine witnesses and take
 3103  testimony, receive relevant evidence, issue subpoenas, regulate
 3104  the course and conduct of the hearing, and make a ruling on the
 3105  suspension. The hearing officer may conduct hearings using
 3106  communications technology. The department and the person whose
 3107  license was suspended may subpoena witnesses, and the party
 3108  requesting the presence of a witness is responsible for paying
 3109  any witness fees and for notifying in writing the state
 3110  attorney’s office in the appropriate circuit of the issuance of
 3111  the subpoena. If the person who requests a formal review hearing
 3112  fails to appear and the hearing officer finds the failure to be
 3113  without just cause, the right to a formal hearing is waived and
 3114  the suspension is sustained.
 3115         (c) The failure of a subpoenaed witness to appear at the
 3116  formal review hearing shall not be grounds to invalidate the
 3117  suspension. If a witness fails to appear, a party may seek
 3118  enforcement of a subpoena under paragraph (b) by filing a
 3119  petition for enforcement in the circuit court of the judicial
 3120  circuit in which the person failing to comply with the subpoena
 3121  resides. A failure to comply with an order of the court
 3122  constitutes contempt of court. However, a person may not be held
 3123  in contempt while a subpoena is being challenged.
 3124         (d) The department must, within 7 working days after a
 3125  formal review hearing, send notice to the person of the hearing
 3126  officer’s decision as to whether sufficient cause exists to
 3127  sustain, amend, or invalidate the suspension.
 3128         (8) In a formal review hearing under subsection (7) or an
 3129  informal review hearing under subsection (5), the hearing
 3130  officer shall determine by a preponderance of the evidence
 3131  whether sufficient cause exists to sustain, amend, or invalidate
 3132  the suspension. The scope of the review is limited to the
 3133  following issues:
 3134         (a) If the license was suspended because the individual,
 3135  then under the age of 21, drove with a blood-alcohol or breath
 3136  alcohol level of 0.02 or higher:
 3137         1. Whether the law enforcement officer had probable cause
 3138  to believe that the person was under the age of 21 and was
 3139  driving or in actual physical control of a motor vehicle in this
 3140  state with any blood-alcohol or breath-alcohol level or while
 3141  under the influence of alcoholic beverages.
 3142         2. Whether the person was under the age of 21.
 3143         3. Whether the person had a blood-alcohol or breath-alcohol
 3144  level of 0.02 or higher.
 3145         (b) If the license was suspended because of the
 3146  individual’s refusal to submit to a breath test:
 3147         1. Whether the law enforcement officer had probable cause
 3148  to believe that the person was under the age of 21 and was
 3149  driving or in actual physical control of a motor vehicle in this
 3150  state with any blood-alcohol or breath-alcohol level or while
 3151  under the influence of alcoholic beverages.
 3152         2. Whether the person was under the age of 21.
 3153         3. Whether the person refused to submit to a breath test
 3154  after being requested to do so by a law enforcement officer or
 3155  correctional officer.
 3156         4. Whether the person was told that if he or she refused to
 3157  submit to a breath test his or her privilege to operate a motor
 3158  vehicle would be suspended for a period of 1 year or, in the
 3159  case of a second or subsequent refusal, for a period of 18
 3160  months.
 3161         (9) Based on the determination of the hearing officer under
 3162  subsection (8) for both informal hearings under subsection (5)
 3163  and formal hearings under subsection (7), the department shall:
 3164         (a) Sustain the suspension of the person’s driving
 3165  privilege for a period of 1 year for a first refusal, or for a
 3166  period of 18 months if the driving privilege of the person has
 3167  been previously suspended, as provided in this section, as a
 3168  result of a refusal to submit to a test. The suspension period
 3169  commences on the date of the issuance of the notice of
 3170  suspension.
 3171         (b) Sustain the suspension of the person’s driving
 3172  privilege for a period of 6 months for driving or being in
 3173  actual physical control of a motor vehicle while under the age
 3174  of 21 with a blood-alcohol or breath-alcohol level of 0.02 or
 3175  higher, or for a period of 1 year if the driving privilege of
 3176  such person has been previously suspended under this section.
 3177  The suspension period commences on the date of the issuance of
 3178  the notice of suspension.
 3179         (10) A request for a formal review hearing or an informal
 3180  review hearing shall not stay the suspension of the person’s
 3181  driver driver’s license. If the department fails to schedule the
 3182  formal review hearing to be held within 30 days after receipt of
 3183  the request therefor, the department shall invalidate the
 3184  suspension. If the scheduled hearing is continued at the
 3185  department’s initiative or the driver enforces the subpoena as
 3186  provided in subsection (7), the department shall issue a
 3187  temporary driving permit that is valid until the hearing is
 3188  conducted if the person is otherwise eligible for the driving
 3189  privilege. The permit shall not be issued to a person who
 3190  requested a continuance of the hearing. The permit issued under
 3191  this subsection authorizes driving for business or employment
 3192  use only.
 3193         (11) A person whose driver driver’s license is suspended
 3194  under subsection (2) or subsection (4) may apply for issuance of
 3195  a license for business or employment purposes only, pursuant to
 3196  s. 322.271, if the person is otherwise eligible for the driving
 3197  privilege. However, such a license may not be issued until 30
 3198  days have elapsed after the expiration of the last temporary
 3199  driving permit issued under this section.
 3200         (12) The formal review hearing may be conducted upon a
 3201  review of the reports of a law enforcement officer or
 3202  correctional officer, including documents relating to the
 3203  administration of a breath test or the refusal to take a test.
 3204  However, as provided in subsection (7), the driver may subpoena
 3205  the officer or any person who administered a breath or blood
 3206  test. If the officer who suspended the driving privilege fails
 3207  to appear pursuant to a subpoena as provided in subsection (7),
 3208  the department shall invalidate the suspension.
 3209         (13) The formal review hearing and the informal review
 3210  hearing are exempt from chapter 120. The department may adopt
 3211  rules for conducting reviews under this section.
 3212         (14) A person may appeal any decision of the department
 3213  sustaining a suspension of his or her driver driver’s license by
 3214  a petition for writ of certiorari to the circuit court in the
 3215  county wherein such person resides or wherein a formal or
 3216  informal review was conducted under s. 322.31. However, an
 3217  appeal does not stay the suspension. This subsection does not
 3218  provide for a de novo review appeal.
 3219         (15) The decision of the department under this section
 3220  shall not be considered in any trial for a violation of s.
 3221  316.193, nor shall any written statement submitted by a person
 3222  in his or her request for departmental review under this section
 3223  be admissible into evidence against him or her in any such
 3224  trial. The disposition of any related criminal proceedings shall
 3225  not affect a suspension imposed under this section.
 3226         (16) By applying for and accepting and using a driver
 3227  driver’s license, a person under the age of 21 years who holds
 3228  the driver driver’s license is deemed to have expressed his or
 3229  her consent to the provisions of this section.
 3230         (17) A breath test to determine breath-alcohol level
 3231  pursuant to this section may be conducted as authorized by s.
 3232  316.1932 or by a breath-alcohol test device listed in the United
 3233  States Department of Transportation’s conforming-product list of
 3234  evidential breath-measurement devices. The reading from such a
 3235  device is presumed accurate and is admissible in evidence in any
 3236  administrative hearing conducted under this section.
 3237         (18) The result of a blood test obtained during an
 3238  investigation conducted under s. 316.1932 or s. 316.1933 may be
 3239  used to suspend the driving privilege of a person under this
 3240  section.
 3241         (19) A violation of this section is neither a traffic
 3242  infraction nor a criminal offense, nor does being detained
 3243  pursuant to this section constitute an arrest. A violation of
 3244  this section is subject to the administrative action provisions
 3245  of this section, which are administered by the department
 3246  through its administrative processes. Administrative actions
 3247  taken pursuant to this section shall be recorded in the motor
 3248  vehicle records maintained by the department. This section does
 3249  not bar prosecution under s. 316.193. However, if the department
 3250  suspends a person’s license under s. 322.2615 for a violation of
 3251  s. 316.193, it may not also suspend the person’s license under
 3252  this section for the same episode that was the basis for the
 3253  suspension under s. 322.2615.
 3254         Section 44. Section 322.64, Florida Statutes, is amended to
 3255  read:
 3256         322.64 Holder of commercial driver driver’s license;
 3257  persons operating a commercial motor vehicle; driving with
 3258  unlawful blood-alcohol level; refusal to submit to breath,
 3259  urine, or blood test.—
 3260         (1)(a) A law enforcement officer or correctional officer
 3261  shall, on behalf of the department, disqualify from operating
 3262  any commercial motor vehicle a person who while operating or in
 3263  actual physical control of a commercial motor vehicle is
 3264  arrested for a violation of s. 316.193, relating to unlawful
 3265  blood-alcohol level or breath-alcohol level, or a person who has
 3266  refused to submit to a breath, urine, or blood test authorized
 3267  by s. 322.63 or s. 316.1932 arising out of the operation or
 3268  actual physical control of a commercial motor vehicle. A law
 3269  enforcement officer or correctional officer shall, on behalf of
 3270  the department, disqualify the holder of a commercial driver
 3271  driver’s license from operating any commercial motor vehicle if
 3272  the licenseholder, while operating or in actual physical control
 3273  of a motor vehicle, is arrested for a violation of s. 316.193,
 3274  relating to unlawful blood-alcohol level or breath-alcohol
 3275  level, or refused to submit to a breath, urine, or blood test
 3276  authorized by s. 322.63 or s. 316.1932. Upon disqualification of
 3277  the person, the officer shall take the person’s driver driver’s
 3278  license and issue the person a 10-day temporary permit for the
 3279  operation of noncommercial vehicles only if the person is
 3280  otherwise eligible for the driving privilege and shall issue the
 3281  person a notice of disqualification. If the person has been
 3282  given a blood, breath, or urine test, the results of which are
 3283  not available to the officer at the time of the arrest, the
 3284  agency employing the officer shall transmit such results to the
 3285  department within 5 days after receipt of the results. If the
 3286  department then determines that the person had a blood-alcohol
 3287  level or breath-alcohol level of 0.08 or higher, the department
 3288  shall disqualify the person from operating a commercial motor
 3289  vehicle pursuant to subsection (3).
 3290         (b) For purposes of determining the period of
 3291  disqualification described in 49 C.F.R. s. 383.51, a
 3292  disqualification under paragraph (a) shall be considered a
 3293  conviction.
 3294         (c)(b) The disqualification under paragraph (a) shall be
 3295  pursuant to, and the notice of disqualification shall inform the
 3296  driver of, the following:
 3297         1.a. The driver refused to submit to a lawful breath,
 3298  blood, or urine test and he or she is disqualified from
 3299  operating a commercial motor vehicle for the time period
 3300  specified in 49 C.F.R. s. 383.51 for a period of 1 year, for a
 3301  first refusal, or permanently, if he or she has previously been
 3302  disqualified under this section; or
 3303         b. The driver had an unlawful blood-alcohol level of 0.08
 3304  or higher while was driving or in actual physical control of a
 3305  commercial motor vehicle, or any motor vehicle if the driver
 3306  holds a commercial driver driver’s license, had an unlawful
 3307  blood-alcohol level or breath-alcohol level of 0.08 or higher,
 3308  and his or her driving privilege is shall be disqualified for
 3309  the time period specified in 49 C.F.R. s. 383.51 a period of 1
 3310  year for a first offense or permanently disqualified if his or
 3311  her driving privilege has been previously disqualified under
 3312  this section.
 3313         2. The disqualification period for operating commercial
 3314  vehicles shall commence on the date of issuance of the notice of
 3315  disqualification.
 3316         3. The driver may request a formal or informal review of
 3317  the disqualification by the department within 10 days after the
 3318  date of issuance of the notice of disqualification.
 3319         4. The temporary permit issued at the time of
 3320  disqualification expires at midnight of the 10th day following
 3321  the date of disqualification.
 3322         5. The driver may submit to the department any materials
 3323  relevant to the disqualification.
 3324         (2)(a) Except as provided in paragraph (1)(a), the law
 3325  enforcement officer shall forward to the department, within 5
 3326  days after the date of the issuance of the notice of
 3327  disqualification, a copy of the notice of disqualification, the
 3328  driver driver’s license of the person disqualified, and an
 3329  affidavit stating the officer’s grounds for belief that the
 3330  person disqualified was operating or in actual physical control
 3331  of a commercial motor vehicle, or holds a commercial driver
 3332  driver’s license, and had an unlawful blood-alcohol or breath
 3333  alcohol level; the results of any breath or blood or urine test
 3334  or an affidavit stating that a breath, blood, or urine test was
 3335  requested by a law enforcement officer or correctional officer
 3336  and that the person arrested refused to submit; a copy of the
 3337  notice of disqualification issued to the person; and the
 3338  officer’s description of the person’s field sobriety test, if
 3339  any. The failure of the officer to submit materials within the
 3340  5-day period specified in this subsection or subsection (1) does
 3341  not affect the department’s ability to consider any evidence
 3342  submitted at or prior to the hearing.
 3343         (b) The officer may also submit a copy of a video recording
 3344  videotape of the field sobriety test or the attempt to
 3345  administer such test and a copy of the crash report, if any.
 3346  Notwithstanding s. 316.066, the crash report shall be considered
 3347  by the hearing officer.
 3348         (3) If the department determines that the person arrested
 3349  should be disqualified from operating a commercial motor vehicle
 3350  pursuant to this section and if the notice of disqualification
 3351  has not already been served upon the person by a law enforcement
 3352  officer or correctional officer as provided in subsection (1),
 3353  the department shall issue a notice of disqualification and,
 3354  unless the notice is mailed pursuant to s. 322.251, a temporary
 3355  permit which expires 10 days after the date of issuance if the
 3356  driver is otherwise eligible.
 3357         (4) If the person disqualified requests an informal review
 3358  pursuant to subparagraph (1)(c)3. (1)(b)3., the department shall
 3359  conduct the informal review by a hearing officer designated
 3360  employed by the department. Such informal review hearing shall
 3361  consist solely of an examination by the department of the
 3362  materials submitted by a law enforcement officer or correctional
 3363  officer and by the person disqualified, and the presence of an
 3364  officer or witness is not required.
 3365         (5) After completion of the informal review, notice of the
 3366  department’s decision sustaining, amending, or invalidating the
 3367  disqualification must be provided to the person. Such notice
 3368  must be mailed to the person at the last known address shown on
 3369  the department’s records, and to the address provided in the law
 3370  enforcement officer’s report if such address differs from the
 3371  address of record, within 21 days after the expiration of the
 3372  temporary permit issued pursuant to subsection (1) or subsection
 3373  (3).
 3374         (6)(a) If the person disqualified requests a formal review,
 3375  the department must schedule a hearing to be held within 30 days
 3376  after such request is received by the department and must notify
 3377  the person of the date, time, and place of the hearing.
 3378         (b) Such formal review hearing shall be held before a
 3379  hearing officer designated employed by the department, and the
 3380  hearing officer shall be authorized to administer oaths, examine
 3381  witnesses and take testimony, receive relevant evidence, issue
 3382  subpoenas for the officers and witnesses identified in documents
 3383  provided under paragraph (2)(a) as provided in subsection (2),
 3384  regulate the course and conduct of the hearing, and make a
 3385  ruling on the disqualification. The hearing officer may conduct
 3386  hearings using communications technology. The department and the
 3387  person disqualified may subpoena witnesses, and the party
 3388  requesting the presence of a witness shall be responsible for
 3389  the payment of any witness fees. If the person who requests a
 3390  formal review hearing fails to appear and the hearing officer
 3391  finds such failure to be without just cause, the right to a
 3392  formal hearing is waived.
 3393         (c) The failure of a subpoenaed witness to appear at the
 3394  formal review hearing shall not be grounds to invalidate the
 3395  disqualification. If a witness fails to appear, a party may seek
 3396  enforcement of a subpoena under paragraph (b) by filing a
 3397  petition for enforcement in the circuit court of the judicial
 3398  circuit in which the person failing to comply with the subpoena
 3399  resides or by filing a motion for enforcement in any criminal
 3400  court case resulting from the driving or actual physical control
 3401  of a motor vehicle or commercial motor vehicle that gave rise to
 3402  the disqualification under this section. A failure to comply
 3403  with an order of the court shall result in a finding of contempt
 3404  of court. However, a person shall not be in contempt while a
 3405  subpoena is being challenged.
 3406         (d) The department must, within 7 working days after a
 3407  formal review hearing, send notice to the person of the hearing
 3408  officer’s decision as to whether sufficient cause exists to
 3409  sustain, amend, or invalidate the disqualification.
 3410         (7) In a formal review hearing under subsection (6) or an
 3411  informal review hearing under subsection (4), the hearing
 3412  officer shall determine by a preponderance of the evidence
 3413  whether sufficient cause exists to sustain, amend, or invalidate
 3414  the disqualification. The scope of the review shall be limited
 3415  to the following issues:
 3416         (a) If the person was disqualified from operating a
 3417  commercial motor vehicle for driving with an unlawful blood
 3418  alcohol level:
 3419         1. Whether the arresting law enforcement officer had
 3420  probable cause to believe that the person was driving or in
 3421  actual physical control of a commercial motor vehicle, or any
 3422  motor vehicle if the driver holds a commercial driver driver’s
 3423  license, in this state while he or she had any alcohol, chemical
 3424  substances, or controlled substances in his or her body.
 3425         2. Whether the person had an unlawful blood-alcohol level
 3426  or breath-alcohol level of 0.08 or higher.
 3427         (b) If the person was disqualified from operating a
 3428  commercial motor vehicle for refusal to submit to a breath,
 3429  blood, or urine test:
 3430         1. Whether the law enforcement officer had probable cause
 3431  to believe that the person was driving or in actual physical
 3432  control of a commercial motor vehicle, or any motor vehicle if
 3433  the driver holds a commercial driver driver’s license, in this
 3434  state while he or she had any alcohol, chemical substances, or
 3435  controlled substances in his or her body.
 3436         2. Whether the person refused to submit to the test after
 3437  being requested to do so by a law enforcement officer or
 3438  correctional officer.
 3439         3. Whether the person was told that if he or she refused to
 3440  submit to such test he or she would be disqualified from
 3441  operating a commercial motor vehicle for a period of 1 year or,
 3442  if previously disqualified under this section, permanently.
 3443         (8) Based on the determination of the hearing officer
 3444  pursuant to subsection (7) for both informal hearings under
 3445  subsection (4) and formal hearings under subsection (6), the
 3446  department shall:
 3447         (a) sustain the disqualification for the time period
 3448  described in 49 C.F.R. s. 383.51 a period of 1 year for a first
 3449  refusal, or permanently if such person has been previously
 3450  disqualified from operating a commercial motor vehicle under
 3451  this section. The disqualification period commences on the date
 3452  of the issuance of the notice of disqualification.
 3453         (b) Sustain the disqualification:
 3454         1. For a period of 1 year if the person was driving or in
 3455  actual physical control of a commercial motor vehicle, or any
 3456  motor vehicle if the driver holds a commercial driver’s license,
 3457  and had an unlawful blood-alcohol level or breath-alcohol level
 3458  of 0.08 or higher; or
 3459         2. Permanently if the person has been previously
 3460  disqualified from operating a commercial motor vehicle under
 3461  this section or his or her driving privilege has been previously
 3462  suspended for driving or being in actual physical control of a
 3463  commercial motor vehicle, or any motor vehicle if the driver
 3464  holds a commercial driver’s license, and had an unlawful blood
 3465  alcohol level or breath-alcohol level of 0.08 or higher.
 3466  
 3467  The disqualification period commences on the date of the
 3468  issuance of the notice of disqualification.
 3469         (9) A request for a formal review hearing or an informal
 3470  review hearing shall not stay the disqualification. If the
 3471  department fails to schedule the formal review hearing to be
 3472  held within 30 days after receipt of the request therefor, the
 3473  department shall invalidate the disqualification. If the
 3474  scheduled hearing is continued at the department’s initiative or
 3475  the driver enforces the subpoena as provided in subsection (6),
 3476  the department shall issue a temporary driving permit limited to
 3477  noncommercial vehicles which is valid until the hearing is
 3478  conducted if the person is otherwise eligible for the driving
 3479  privilege. Such permit shall not be issued to a person who
 3480  sought and obtained a continuance of the hearing. The permit
 3481  issued under this subsection shall authorize driving for
 3482  business purposes only.
 3483         (10) A person who is disqualified from operating a
 3484  commercial motor vehicle under subsection (1) or subsection (3)
 3485  is eligible for issuance of a license for business or employment
 3486  purposes only under s. 322.271 if the person is otherwise
 3487  eligible for the driving privilege. However, such business or
 3488  employment purposes license shall not authorize the driver to
 3489  operate a commercial motor vehicle.
 3490         (11) The formal review hearing may be conducted upon a
 3491  review of the reports of a law enforcement officer or a
 3492  correctional officer, including documents relating to the
 3493  administration of a breath test or blood test or the refusal to
 3494  take either test. However, as provided in subsection (6), the
 3495  driver may subpoena the officer or any person who administered
 3496  or analyzed a breath or blood test. If the arresting officer or
 3497  the breath technician fails to appear pursuant to a subpoena as
 3498  provided in subsection (6), the department shall invalidate the
 3499  disqualification.
 3500         (12) The formal review hearing and the informal review
 3501  hearing are exempt from the provisions of chapter 120. The
 3502  department may is authorized to adopt rules for the conduct of
 3503  reviews under this section.
 3504         (13) A person may appeal any decision of the department
 3505  sustaining the disqualification from operating a commercial
 3506  motor vehicle by a petition for writ of certiorari to the
 3507  circuit court in the county wherein such person resides or
 3508  wherein a formal or informal review was conducted pursuant to s.
 3509  322.31. However, an appeal shall not stay the disqualification.
 3510  This subsection shall not be construed to provide for a de novo
 3511  review appeal.
 3512         (14) The decision of the department under this section
 3513  shall not be considered in any trial for a violation of s.
 3514  316.193, s. 322.61, or s. 322.62, nor shall any written
 3515  statement submitted by a person in his or her request for
 3516  departmental review under this section be admissible into
 3517  evidence against him or her in any such trial. The disposition
 3518  of any related criminal proceedings shall not affect a
 3519  disqualification imposed pursuant to this section.
 3520         (15) This section does not preclude the suspension of the
 3521  driving privilege pursuant to s. 322.2615. The driving privilege
 3522  of a person who has been disqualified from operating a
 3523  commercial motor vehicle also may be suspended for a violation
 3524  of s. 316.193.
 3525         Section 45. Section 322.2715, Florida Statutes, is amended
 3526  to read:
 3527         322.2715 Ignition interlock device.—
 3528         (1) Before issuing a permanent or restricted driver
 3529  driver’s license under this chapter, the department shall
 3530  require the placement of a department-approved ignition
 3531  interlock device for any person convicted of committing an
 3532  offense of driving under the influence as specified in
 3533  subsection (3), except that consideration may be given to those
 3534  individuals having a documented medical condition that would
 3535  prohibit the device from functioning normally. If a medical
 3536  waiver has been granted for a convicted person seeking a
 3537  restricted license, the convicted person shall not be entitled
 3538  to a restricted license until the required ignition interlock
 3539  device installation period under subsection (3) expires, in
 3540  addition to the time requirements under s. 322.271. If a medical
 3541  waiver has been approved for a convicted person seeking
 3542  permanent reinstatement of the driver license, the convicted
 3543  person must be restricted to an employment-purposes-only license
 3544  and be supervised by a licensed DUI program until the required
 3545  ignition interlock device installation period under subsection
 3546  (3) expires. An interlock device shall be placed on all vehicles
 3547  that are individually or jointly leased or owned and routinely
 3548  operated by the convicted person.
 3549         (2) For purposes of this section, any conviction for a
 3550  violation of s. 316.193, a previous conviction for a violation
 3551  of former s. 316.1931, or a conviction outside this state for
 3552  driving under the influence, driving while intoxicated, driving
 3553  with an unlawful blood-alcohol level, or any other similar
 3554  alcohol-related or drug-related traffic offense is a conviction
 3555  of driving under the influence.
 3556         (3) If the person is convicted of:
 3557         (a) A first offense of driving under the influence under s.
 3558  316.193 and has an unlawful blood-alcohol level or breath
 3559  alcohol level as specified in s. 316.193(4), or if a person is
 3560  convicted of a violation of s. 316.193 and was at the time of
 3561  the offense accompanied in the vehicle by a person younger than
 3562  18 years of age, the person shall have the ignition interlock
 3563  device installed for at least not less than 6 continuous months
 3564  for the first offense and for at least not less than 2
 3565  continuous years for a second offense.
 3566         (b) A second offense of driving under the influence, the
 3567  ignition interlock device shall be installed for a period of at
 3568  least not less than 1 continuous year.
 3569         (c) A third offense of driving under the influence which
 3570  occurs within 10 years after a prior conviction for a violation
 3571  of s. 316.193, the ignition interlock device shall be installed
 3572  for a period of at least not less than 2 continuous years.
 3573         (d) A third offense of driving under the influence which
 3574  occurs more than 10 years after the date of a prior conviction,
 3575  the ignition interlock device shall be installed for a period of
 3576  at least not less than 2 continuous years.
 3577         (e) A fourth or subsequent offense of driving under the
 3578  influence, the ignition interlock device shall be installed for
 3579  a period of at least not less than 5 years.
 3580         (4) If the court fails to order the mandatory placement of
 3581  the ignition interlock device or fails to order for the
 3582  applicable period the mandatory placement of an ignition
 3583  interlock device under s. 316.193 or s. 316.1937 at the time of
 3584  imposing sentence or within 30 days thereafter, the department
 3585  shall immediately require that the ignition interlock device be
 3586  installed as provided in this section, except that consideration
 3587  may be given to those individuals having a documented medical
 3588  condition that would prohibit the device from functioning
 3589  normally. This subsection applies to the reinstatement of the
 3590  driving privilege following a revocation, suspension, or
 3591  cancellation that is based upon a conviction for the offense of
 3592  driving under the influence which occurs on or after July 1,
 3593  2005.
 3594         (5) In addition to any fees authorized by rule for the
 3595  installation and maintenance of the ignition interlock device,
 3596  the authorized installer of the device shall collect and remit
 3597  $12 for each installation to the department, which shall be
 3598  deposited into the Highway Safety Operating Trust Fund to be
 3599  used for the operation of the Ignition Interlock Device Program.
 3600         Section 46. Section 322.28, Florida Statutes, is amended to
 3601  read:
 3602         322.28 Period of suspension or revocation.—
 3603         (1) Unless otherwise provided by this section, the
 3604  department shall not suspend a license for a period of more than
 3605  1 year and, upon revoking a license, in any case except in a
 3606  prosecution for the offense of driving a motor vehicle while
 3607  under the influence of alcoholic beverages, chemical substances
 3608  as set forth in s. 877.111, or controlled substances, shall not
 3609  in any event grant a new license until the expiration of 1 year
 3610  after such revocation.
 3611         (2) In a prosecution for a violation of s. 316.193 or
 3612  former s. 316.1931, the following provisions apply:
 3613         (a) Upon conviction of the driver, the court, along with
 3614  imposing sentence, shall revoke the driver driver’s license or
 3615  driving privilege of the person so convicted, effective on the
 3616  date of conviction, and shall prescribe the period of such
 3617  revocation in accordance with the following provisions:
 3618         1. Upon a first conviction for a violation of the
 3619  provisions of s. 316.193, except a violation resulting in death,
 3620  the driver driver’s license or driving privilege shall be
 3621  revoked for at least not less than 180 days but not or more than
 3622  1 year.
 3623         2. Upon a second conviction for an offense that occurs
 3624  within a period of 5 years after the date of a prior conviction
 3625  for a violation of the provisions of s. 316.193 or former s.
 3626  316.1931 or a combination of such sections, the driver driver’s
 3627  license or driving privilege shall be revoked for at least not
 3628  less than 5 years.
 3629         3. Upon a third conviction for an offense that occurs
 3630  within a period of 10 years after the date of a prior conviction
 3631  for the violation of the provisions of s. 316.193 or former s.
 3632  316.1931 or a combination of such sections, the driver driver’s
 3633  license or driving privilege shall be revoked for at least not
 3634  less than 10 years.
 3635  
 3636  For the purposes of this paragraph, a previous conviction
 3637  outside this state for driving under the influence, driving
 3638  while intoxicated, driving with an unlawful blood-alcohol level,
 3639  or any other alcohol-related or drug-related traffic offense
 3640  similar to the offense of driving under the influence as
 3641  proscribed by s. 316.193 will be considered a previous
 3642  conviction for violation of s. 316.193, and a conviction for
 3643  violation of former s. 316.028, former s. 316.1931, or former s.
 3644  860.01 is considered a conviction for violation of s. 316.193.
 3645         (b) If the period of revocation was not specified by the
 3646  court at the time of imposing sentence or within 30 days
 3647  thereafter, and is not otherwise specified by law, the
 3648  department shall forthwith revoke the driver driver’s license or
 3649  driving privilege for the maximum period applicable under
 3650  paragraph (a) for a first conviction and for the minimum period
 3651  applicable under paragraph (a) for any subsequent convictions.
 3652  The driver may, within 30 days after such revocation by the
 3653  department, petition the court for further hearing on the period
 3654  of revocation, and the court may reopen the case and determine
 3655  the period of revocation within the limits specified in
 3656  paragraph (a).
 3657         (c) The forfeiture of bail bond, not vacated within 20
 3658  days, in any prosecution for the offense of driving while under
 3659  the influence of alcoholic beverages, chemical substances, or
 3660  controlled substances to the extent of depriving the defendant
 3661  of his or her normal faculties shall be deemed equivalent to a
 3662  conviction for the purposes of this paragraph, and the
 3663  department shall forthwith revoke the defendant’s driver
 3664  driver’s license or driving privilege for the maximum period
 3665  applicable under paragraph (a) for a first conviction and for
 3666  the minimum period applicable under paragraph (a) for a second
 3667  or subsequent conviction; however, if the defendant is later
 3668  convicted of the charge, the period of revocation imposed by the
 3669  department for such conviction shall not exceed the difference
 3670  between the applicable maximum for a first conviction or minimum
 3671  for a second or subsequent conviction and the revocation period
 3672  under this subsection that has actually elapsed; upon conviction
 3673  of such charge, the court may impose revocation for a period of
 3674  time as specified in paragraph (a). This paragraph does not
 3675  apply if an appropriate motion contesting the forfeiture is
 3676  filed within the 20-day period.
 3677         (d) When any driver’s license or driving privilege has been
 3678  revoked pursuant to the provisions of this section, the
 3679  department shall not grant a new license, except upon
 3680  reexamination of the licensee after the expiration of the period
 3681  of revocation so prescribed. However, the court may, in its
 3682  sound discretion, issue an order of reinstatement on a form
 3683  furnished by the department which the person may take to any
 3684  driver’s license examining office for reinstatement by the
 3685  department pursuant to s. 322.282.
 3686         (d)(e) The court shall permanently revoke the driver
 3687  driver’s license or driving privilege of a person who has been
 3688  convicted four times for violation of s. 316.193 or former s.
 3689  316.1931 or a combination of such sections. The court shall
 3690  permanently revoke the driver driver’s license or driving
 3691  privilege of any person who has been convicted of DUI
 3692  manslaughter in violation of s. 316.193. If the court has not
 3693  permanently revoked such driver driver’s license or driving
 3694  privilege within 30 days after imposing sentence, the department
 3695  shall permanently revoke the driver driver’s license or driving
 3696  privilege pursuant to this paragraph. No driver driver’s license
 3697  or driving privilege may be issued or granted to any such
 3698  person. This paragraph applies only if at least one of the
 3699  convictions for violation of s. 316.193 or former s. 316.1931
 3700  was for a violation that occurred after July 1, 1982. For the
 3701  purposes of this paragraph, a conviction for violation of former
 3702  s. 316.028, former s. 316.1931, or former s. 860.01 is also
 3703  considered a conviction for violation of s. 316.193. Also, a
 3704  conviction of driving under the influence, driving while
 3705  intoxicated, driving with an unlawful blood-alcohol level, or
 3706  any other similar alcohol-related or drug-related traffic
 3707  offense outside this state is considered a conviction for the
 3708  purposes of this paragraph.
 3709         (e) Convictions that occur on the same date resulting from
 3710  separate offense dates shall be treated as separate convictions,
 3711  and the offense that occurred earlier will be deemed a prior
 3712  conviction for the purposes of this section.
 3713         (3) The court shall permanently revoke the driver driver’s
 3714  license or driving privilege of a person who has been convicted
 3715  of murder resulting from the operation of a motor vehicle. No
 3716  driver driver’s license or driving privilege may be issued or
 3717  granted to any such person.
 3718         (4)(a) Upon a conviction for a violation of s.
 3719  316.193(3)(c)2., involving serious bodily injury, a conviction
 3720  of manslaughter resulting from the operation of a motor vehicle,
 3721  or a conviction of vehicular homicide, the court shall revoke
 3722  the driver driver’s license of the person convicted for a
 3723  minimum period of 3 years. If a conviction under s.
 3724  316.193(3)(c)2., involving serious bodily injury, is also a
 3725  subsequent conviction as described under paragraph (2)(a), the
 3726  court shall revoke the driver driver’s license or driving
 3727  privilege of the person convicted for the period applicable as
 3728  provided in paragraph (2)(a) or paragraph (2)(d) (2)(e).
 3729         (b) If the period of revocation was not specified by the
 3730  court at the time of imposing sentence or within 30 days
 3731  thereafter, the department shall revoke the driver driver’s
 3732  license for the minimum period applicable under paragraph (a)
 3733  or, for a subsequent conviction, for the minimum period
 3734  applicable under paragraph (2)(a) or paragraph (2)(d) (2)(e).
 3735         (5) A court may not stay the administrative suspension of a
 3736  driving privilege under s. 322.2615 or s. 322.2616 during
 3737  judicial review of the departmental order that resulted in such
 3738  suspension, and a suspension or revocation of a driving
 3739  privilege may not be stayed upon an appeal of the conviction or
 3740  order that resulted in the suspension or revocation.
 3741         (6) In a prosecution for a violation of s. 316.172(1), and
 3742  upon a showing of the department’s records that the licensee has
 3743  received a second conviction within 5 years following the date
 3744  of a prior conviction of s. 316.172(1), the department shall,
 3745  upon direction of the court, suspend the driver driver’s license
 3746  of the person convicted for a period of at least not less than
 3747  90 days but not or more than 6 months.
 3748         (7) Following a second or subsequent violation of s.
 3749  796.07(2)(f) which involves a motor vehicle and which results in
 3750  any judicial disposition other than acquittal or dismissal, in
 3751  addition to any other sentence imposed, the court shall revoke
 3752  the person’s driver driver’s license or driving privilege,
 3753  effective upon the date of the disposition, for a period of at
 3754  least not less than 1 year. A person sentenced under this
 3755  subsection may request a hearing under s. 322.271.
 3756         Section 47. Section 322.331, Florida Statutes, is repealed.
 3757         Section 48. Section 322.61, Florida Statutes, is amended to
 3758  read:
 3759         322.61 Disqualification from operating a commercial motor
 3760  vehicle.—
 3761         (1) A person who, for offenses occurring within a 3-year
 3762  period, is convicted of two of the following serious traffic
 3763  violations or any combination thereof, arising in separate
 3764  incidents committed in a commercial motor vehicle shall, in
 3765  addition to any other applicable penalties, be disqualified from
 3766  operating a commercial motor vehicle for a period of 60 days. A
 3767  holder of a commercial driver driver’s license or commercial
 3768  learner’s permit who, for offenses occurring within a 3-year
 3769  period, is convicted of two of the following serious traffic
 3770  violations, or any combination thereof, arising in separate
 3771  incidents committed in a noncommercial motor vehicle shall, in
 3772  addition to any other applicable penalties, be disqualified from
 3773  operating a commercial motor vehicle for a period of 60 days if
 3774  such convictions result in the suspension, revocation, or
 3775  cancellation of the licenseholder’s driving privilege:
 3776         (a) A violation of any state or local law relating to motor
 3777  vehicle traffic control, other than a parking violation, a
 3778  weight violation, or a vehicle equipment violation, arising in
 3779  connection with a crash resulting in death or personal injury to
 3780  any person;
 3781         (b) Reckless driving, as defined in s. 316.192;
 3782         (c) Careless driving, as defined in s. 316.1925;
 3783         (d) Fleeing or attempting to elude a law enforcement
 3784  officer, as defined in s. 316.1935;
 3785         (c)(e) Unlawful speed of 15 miles per hour or more above
 3786  the posted speed limit;
 3787         (f) Driving a commercial motor vehicle, owned by such
 3788  person, which is not properly insured;
 3789         (d)(g) Improper lane change, as defined in s. 316.085;
 3790         (e)(h) Following too closely, as defined in s. 316.0895;
 3791         (f)(i) Driving a commercial vehicle without obtaining a
 3792  commercial driver driver’s license;
 3793         (g)(j) Driving a commercial vehicle without the proper
 3794  class of commercial driver driver’s license or commercial
 3795  learner’s permit or without the proper endorsement; or
 3796         (h)(k) Driving a commercial vehicle without a commercial
 3797  driver driver’s license or commercial learner’s permit in
 3798  possession, as required by s. 322.03. Any individual who
 3799  provides proof to the clerk of the court or designated official
 3800  in the jurisdiction where the citation was issued, by the date
 3801  the individual must appear in court or pay any fine for such a
 3802  violation, that the individual held a valid commercial driver’s
 3803  license on the date the citation was issued is not guilty of
 3804  this offense.
 3805         (2)(a) Any person who, for offenses occurring within a 3
 3806  year period, is convicted of three serious traffic violations
 3807  specified in subsection (1) or any combination thereof, arising
 3808  in separate incidents committed in a commercial motor vehicle
 3809  shall, in addition to any other applicable penalties, including
 3810  but not limited to the penalty provided in subsection (1), be
 3811  disqualified from operating a commercial motor vehicle for a
 3812  period of 120 days.
 3813         (b) A holder of a commercial driver driver’s license or
 3814  commercial learner’s permit who, for offenses occurring within a
 3815  3-year period, is convicted of three serious traffic violations
 3816  specified in subsection (1) or any combination thereof arising
 3817  in separate incidents committed in a noncommercial motor vehicle
 3818  shall, in addition to any other applicable penalties, including,
 3819  but not limited to, the penalty provided in subsection (1), be
 3820  disqualified from operating a commercial motor vehicle for a
 3821  period of 120 days if such convictions result in the suspension,
 3822  revocation, or cancellation of the licenseholder’s driving
 3823  privilege.
 3824         (3)(a) Except as provided in subsection (4), any person who
 3825  is convicted of one of the offenses listed in paragraph (b)
 3826  while operating a commercial motor vehicle shall, in addition to
 3827  any other applicable penalties, be disqualified from operating a
 3828  commercial motor vehicle for a period of 1 year.
 3829         (b) Except as provided in subsection (4), any holder of a
 3830  commercial driver license or commercial learner’s permit who is
 3831  convicted of one of the offenses listed in this paragraph while
 3832  operating a noncommercial motor vehicle shall, in addition to
 3833  any other applicable penalties, be disqualified from operating a
 3834  commercial motor vehicle for a period of 1 year:
 3835         1. Driving a motor vehicle while he or she is under the
 3836  influence of alcohol or a controlled substance;
 3837         2. Driving a commercial motor vehicle while the alcohol
 3838  concentration of his or her blood, breath, or urine is .04
 3839  percent or higher;
 3840         3. Leaving the scene of a crash involving a motor vehicle
 3841  driven by such person;
 3842         4. Using a motor vehicle in the commission of a felony;
 3843         5. Driving a commercial motor vehicle while in possession
 3844  of a controlled substance;
 3845         5.6. Refusing to submit to a test to determine his or her
 3846  alcohol concentration while driving a motor vehicle;
 3847         6. Driving a commercial motor vehicle when, as a result of
 3848  prior violations committed operating a commercial motor vehicle,
 3849  his or her commercial driver license or commercial learner’s
 3850  permit is revoked, suspended, or canceled, or he or she is
 3851  disqualified from operating a commercial motor vehicle; or
 3852         7. Driving a commercial vehicle while the licenseholder’s
 3853  commercial driver license is suspended, revoked, or canceled or
 3854  while the licenseholder is disqualified from driving a
 3855  commercial vehicle; or
 3856         7.8. Causing a fatality through the negligent operation of
 3857  a commercial motor vehicle.
 3858         (4) Any person who is transporting hazardous materials as
 3859  defined in s. 322.01(24) shall, upon conviction of an offense
 3860  specified in subsection (3), be disqualified from operating a
 3861  commercial motor vehicle for a period of 3 years. The penalty
 3862  provided in this subsection shall be in addition to any other
 3863  applicable penalty.
 3864         (5) A person who is convicted of two violations specified
 3865  in subsection (3) which were committed while operating a
 3866  commercial motor vehicle, or any combination thereof, arising in
 3867  separate incidents shall be permanently disqualified from
 3868  operating a commercial motor vehicle. A holder of a commercial
 3869  driver license or commercial learner’s permit who is convicted
 3870  of two violations specified in subsection (3) which were
 3871  committed while operating any motor vehicle arising in separate
 3872  incidents shall be permanently disqualified from operating a
 3873  commercial motor vehicle. The penalty provided in this
 3874  subsection is in addition to any other applicable penalty.
 3875         (6) Notwithstanding subsections (3), (4), and (5), any
 3876  person who uses a commercial motor vehicle in the commission of
 3877  any felony involving the manufacture, distribution, or
 3878  dispensing of a controlled substance, including possession with
 3879  intent to manufacture, distribute, or dispense a controlled
 3880  substance, shall, upon conviction of such felony, be permanently
 3881  disqualified from operating a commercial motor vehicle.
 3882  Notwithstanding subsections (3), (4), and (5), any holder of a
 3883  commercial driver driver’s license or commercial learner’s
 3884  permit who uses a noncommercial motor vehicle in the commission
 3885  of any felony involving the manufacture, distribution, or
 3886  dispensing of a controlled substance, including possession with
 3887  intent to manufacture, distribute, or dispense a controlled
 3888  substance, shall, upon conviction of such felony, be permanently
 3889  disqualified from operating a commercial motor vehicle. The
 3890  penalty provided in this subsection is in addition to any other
 3891  applicable penalty.
 3892         (7) A person whose privilege to operate a commercial motor
 3893  vehicle is disqualified under this section may, if otherwise
 3894  qualified, be issued a Class E driver driver’s license, pursuant
 3895  to s. 322.251.
 3896         (8) A driver who is convicted of or otherwise found to have
 3897  committed a violation of an out-of-service order while driving a
 3898  commercial motor vehicle is disqualified as follows:
 3899         (a) At least Not less than 180 days but not nor more than 1
 3900  year if the driver is convicted of or otherwise found to have
 3901  committed a first violation of an out-of-service order.
 3902         (b) At least Not less than 2 years but not nor more than 5
 3903  years if, for offenses occurring during any 10-year period, the
 3904  driver is convicted of or otherwise found to have committed two
 3905  violations of out-of-service orders in separate incidents.
 3906         (c) At least Not less than 3 years but not nor more than 5
 3907  years if, for offenses occurring during any 10-year period, the
 3908  driver is convicted of or otherwise found to have committed
 3909  three or more violations of out-of-service orders in separate
 3910  incidents.
 3911         (d) At least Not less than 180 days but not nor more than 2
 3912  years if the driver is convicted of or otherwise found to have
 3913  committed a first violation of an out-of-service order while
 3914  transporting hazardous materials required to be placarded under
 3915  the Hazardous Materials Transportation Act, 49 U.S.C. ss. 5101
 3916  et seq., or while operating motor vehicles designed to transport
 3917  more than 15 passengers, including the driver. A driver is
 3918  disqualified for a period of at least not less than 3 years but
 3919  not nor more than 5 years if, for offenses occurring during any
 3920  10-year period, the driver is convicted of or otherwise found to
 3921  have committed any subsequent violations of out-of-service
 3922  orders, in separate incidents, while transporting hazardous
 3923  materials required to be placarded under the Hazardous Materials
 3924  Transportation Act, 49 U.S.C. ss. 5101 et seq., or while
 3925  operating motor vehicles designed to transport more than 15
 3926  passengers, including the driver.
 3927         (9) A driver who is convicted of or otherwise found to have
 3928  committed an offense of operating a commercial motor vehicle in
 3929  violation of federal, state, or local law or regulation
 3930  pertaining to one of the following six offenses at a railroad
 3931  highway grade crossing must be disqualified for the period of
 3932  time specified in subsection (10):
 3933         (a) For drivers who are not always required to stop,
 3934  failing to slow down and check that the tracks are clear of
 3935  approaching trains.
 3936         (b) For drivers who are not always required to stop,
 3937  failing to stop before reaching the crossing if the tracks are
 3938  not clear.
 3939         (c) For drivers who are always required to stop, failing to
 3940  stop before driving onto the crossing.
 3941         (d) For all drivers, failing to have sufficient space to
 3942  drive completely through the crossing without stopping.
 3943         (e) For all drivers, failing to obey a traffic control
 3944  device or all directions of an enforcement official at the
 3945  crossing.
 3946         (f) For all drivers, failing to negotiate a crossing
 3947  because of insufficient undercarriage clearance.
 3948         (10)(a) A driver must be disqualified for at least not less
 3949  than 60 days if the driver is convicted of or otherwise found to
 3950  have committed a first violation of a railroad-highway grade
 3951  crossing violation.
 3952         (b) A driver must be disqualified for at least not less
 3953  than 120 days if, for offenses occurring during any 3-year
 3954  period, the driver is convicted of or otherwise found to have
 3955  committed a second railroad-highway grade crossing violation in
 3956  separate incidents.
 3957         (c) A driver must be disqualified for at least not less
 3958  than 1 year if, for offenses occurring during any 3-year period,
 3959  the driver is convicted of or otherwise found to have committed
 3960  a third or subsequent railroad-highway grade crossing violation
 3961  in separate incidents.
 3962         Section 49. Paragraph (a) of subsection (1) of section
 3963  324.0221, Florida Statutes, is amended to read:
 3964         324.0221 Reports by insurers to the department; suspension
 3965  of driver driver’s license and vehicle registrations;
 3966  reinstatement.—
 3967         (1)(a) Each insurer that has issued a policy providing
 3968  personal injury protection coverage or property damage liability
 3969  coverage shall report the renewal, cancellation, or nonrenewal
 3970  thereof to the department within 10 45 days after the processing
 3971  effective date of each renewal, cancellation, or nonrenewal.
 3972  Upon the issuance of a policy providing personal injury
 3973  protection coverage or property damage liability coverage to a
 3974  named insured not previously insured by the insurer during that
 3975  calendar year, the insurer shall report the issuance of the new
 3976  policy to the department within 10 30 days. The report shall be
 3977  in the form and format and contain any information required by
 3978  the department and must be provided in a format that is
 3979  compatible with the data processing capabilities of the
 3980  department. The department may adopt rules regarding the form
 3981  and documentation required. Failure by an insurer to file proper
 3982  reports with the department as required by this subsection or
 3983  rules adopted with respect to the requirements of this
 3984  subsection constitutes a violation of the Florida Insurance
 3985  Code. These records shall be used by the department only for
 3986  enforcement and regulatory purposes, including the generation by
 3987  the department of data regarding compliance by owners of motor
 3988  vehicles with the requirements for financial responsibility
 3989  coverage.
 3990         Section 50. Section 324.031, Florida Statutes, is amended
 3991  to read:
 3992         324.031 Manner of proving financial responsibility.—The
 3993  owner or operator of a taxicab, limousine, jitney, or any other
 3994  for-hire passenger transportation vehicle may prove financial
 3995  responsibility by providing satisfactory evidence of holding a
 3996  motor vehicle liability policy as defined in s. 324.021(8) or s.
 3997  324.151, which policy is issued by an insurance carrier which is
 3998  a member of the Florida Insurance Guaranty Association. The
 3999  operator or owner of any other vehicle may prove his or her
 4000  financial responsibility by:
 4001         (1) Furnishing satisfactory evidence of holding a motor
 4002  vehicle liability policy as defined in ss. 324.021(8) and
 4003  324.151;
 4004         (2) Posting with the department a satisfactory bond of a
 4005  surety company authorized to do business in this state,
 4006  conditioned for payment of the amount specified in s.
 4007  324.021(7);
 4008         (2)(3) Furnishing a certificate of self-insurance the
 4009  department showing a deposit of cash or securities in accordance
 4010  with s. 324.161; or
 4011         (3)(4) Furnishing a certificate of self-insurance issued by
 4012  the department in accordance with s. 324.171.
 4013  
 4014  Any person, including any firm, partnership, association,
 4015  corporation, or other person, other than a natural person,
 4016  electing to use the method of proof specified in subsection (2)
 4017  or subsection (3) shall furnish a certificate of post a bond or
 4018  deposit equal to the number of vehicles owned times $30,000, to
 4019  a maximum of $120,000; in addition, any such person, other than
 4020  a natural person, shall maintain insurance providing coverage in
 4021  excess of limits of $10,000/20,000/10,000 or $30,000 combined
 4022  single limits, and such excess insurance shall provide minimum
 4023  limits of $125,000/250,000/50,000 or $300,000 combined single
 4024  limits. These increased limits shall not affect the requirements
 4025  for proving financial responsibility under s. 324.032(1).
 4026         Section 51. Subsection (1) of section 324.091, Florida
 4027  Statutes, is amended to read:
 4028         324.091 Notice to department; notice to insurer.—
 4029         (1) Each owner and operator involved in a crash or
 4030  conviction case within the purview of this chapter shall furnish
 4031  evidence of automobile liability insurance or, motor vehicle
 4032  liability insurance, or a surety bond within 14 days after the
 4033  date of the mailing of notice of crash by the department in the
 4034  form and manner as it may designate. Upon receipt of evidence
 4035  that an automobile liability policy or, motor vehicle liability
 4036  policy, or surety bond was in effect at the time of the crash or
 4037  conviction case, the department shall forward by United States
 4038  mail, postage prepaid, to the insurer or surety insurer a copy
 4039  of such information for verification in a method as determined
 4040  by the department. and shall assume that the policy or bond was
 4041  in effect, unless The insurer shall respond to or surety insurer
 4042  notifies the department otherwise within 20 days after the
 4043  mailing of the notice whether or not such information is valid
 4044  to the insurer or surety insurer. However, If the department
 4045  later determines that an automobile liability policy or, motor
 4046  vehicle liability policy, or surety bond was not in effect and
 4047  did not provide coverage for both the owner and the operator, it
 4048  shall take action as it is otherwise authorized to do under this
 4049  chapter. Proof of mailing to the insurer or surety insurer may
 4050  be made by the department by naming the insurer or surety
 4051  insurer to whom the mailing was made and by specifying the time,
 4052  place, and manner of mailing.
 4053         Section 52. Section 324.161, Florida Statutes, is amended
 4054  to read:
 4055         324.161 Proof of financial responsibility; surety bond or
 4056  deposit.—Annually, before any certificate of insurance may be
 4057  issued to a person, including any firm, partnership,
 4058  association, corporation, or other person, other than a natural
 4059  person, proof of a certificate of deposit of $30,000 issued and
 4060  held by a financial institution must be submitted to the
 4061  department. A power of attorney will be issued to and held by
 4062  the department and may be executed upon The certificate of the
 4063  department of a deposit may be obtained by depositing with it
 4064  $30,000 cash or securities such as may be legally purchased by
 4065  savings banks or for trust funds, of a market value of $30,000
 4066  and which deposit shall be held by the department to satisfy, in
 4067  accordance with the provisions of this chapter, any execution on
 4068  a judgment issued against such person making the deposit, for
 4069  damages because of bodily injury to or death of any person or
 4070  for damages because of injury to or destruction of property
 4071  resulting from the use or operation of any motor vehicle
 4072  occurring after such deposit was made. Money or securities so
 4073  deposited shall not be subject to attachment or execution unless
 4074  such attachment or execution shall arise out of a suit for
 4075  damages as aforesaid.
 4076         Section 53. Paragraph (a) of subsection (1) of section
 4077  328.01, Florida Statutes, is amended to read:
 4078         328.01 Application for certificate of title.—
 4079         (1)(a) The owner of a vessel which is required to be titled
 4080  shall apply to the county tax collector for a certificate of
 4081  title. The application shall include the true name of the owner,
 4082  the residence or business address of the owner, and the complete
 4083  description of the vessel, including the hull identification
 4084  number, except that an application for a certificate of title
 4085  for a homemade vessel shall state all the foregoing information
 4086  except the hull identification number. The application shall be
 4087  signed by the owner and shall be accompanied by personal or
 4088  business identification and the prescribed fee. An individual
 4089  applicant must provide a valid driver license or identification
 4090  card issued by this state or another state or a valid passport.
 4091  A business applicant must provide a federal employer
 4092  identification number, if applicable, verification that the
 4093  business is authorized to conduct business in the state, or a
 4094  Florida city or county business license or number, which may
 4095  include, but need not be limited to, a driver’s license number,
 4096  Florida identification card number, or federal employer
 4097  identification number, and the prescribed fee.
 4098         Section 54. Paragraph (a) of subsection (1) of section
 4099  328.48, Florida Statutes, is amended to read:
 4100         328.48 Vessel registration, application, certificate,
 4101  number, decal, duplicate certificate.—
 4102         (1)(a) The owner of each vessel required by this law to pay
 4103  a registration fee and secure an identification number shall
 4104  file an application with the county tax collector. The
 4105  application shall provide the owner’s name and address;
 4106  residency status; personal or business identification, which may
 4107  include, but need not be limited to, a driver’s license number,
 4108  Florida identification card number, or federal employer
 4109  identification number; and a complete description of the vessel,
 4110  and shall be accompanied by payment of the applicable fee
 4111  required in s. 328.72. An individual applicant must provide a
 4112  valid driver license or identification card issued by this state
 4113  or another state or a valid passport. A business applicant must
 4114  provide a federal employer identification number, if applicable,
 4115  verification that the business is authorized to conduct business
 4116  in the state, or a Florida city or county business license or
 4117  number. Registration is not required for any vessel that is not
 4118  used on the waters of this state.
 4119         Section 55. Subsection (1) of section 328.76, Florida
 4120  Statutes, is amended to read:
 4121         328.76 Marine Resources Conservation Trust Fund; vessel
 4122  registration funds; appropriation and distribution.—
 4123         (1) Except as otherwise specified in this subsection and
 4124  less the amount equal to $1.4 million for any administrative
 4125  costs which shall be deposited in the Highway Safety Operating
 4126  Trust Fund, in each fiscal year beginning on or after July 1,
 4127  2001, all funds collected from the registration of vessels
 4128  through the Department of Highway Safety and Motor Vehicles and
 4129  the tax collectors of the state, except for those funds
 4130  designated as the county portion pursuant to s. 328.72(1), shall
 4131  be deposited in the Marine Resources Conservation Trust Fund for
 4132  recreational channel marking; public launching facilities; law
 4133  enforcement and quality control programs; aquatic weed control;
 4134  manatee protection, recovery, rescue, rehabilitation, and
 4135  release; and marine mammal protection and recovery. The funds
 4136  collected pursuant to s. 328.72(1) shall be transferred as
 4137  follows:
 4138         (a) In each fiscal year, an amount equal to $1.50 for each
 4139  commercial and recreational vessel registered in this state
 4140  shall be transferred by the Department of Highway Safety and
 4141  Motor Vehicles to the Save the Manatee Trust Fund and shall be
 4142  used only for the purposes specified in s. 379.2431(4).
 4143         (b) An amount equal to $2 from each recreational vessel
 4144  registration fee, except that for class A-1 vessels, shall be
 4145  transferred by the Department of Highway Safety and Motor
 4146  Vehicles to the Invasive Plant Control Trust Fund in the Fish
 4147  and Wildlife Conservation Commission for aquatic weed research
 4148  and control.
 4149         (c) An amount equal to 40 percent of the registration fees
 4150  from commercial vessels shall be transferred by the Department
 4151  of Highway Safety and Motor Vehicles to the Invasive Plant
 4152  Control Trust Fund in the Fish and Wildlife Conservation
 4153  Commission for aquatic plant research and control.
 4154         (d) An amount equal to 40 percent of the registration fees
 4155  from commercial vessels shall be transferred by the Department
 4156  of Highway Safety and Motor Vehicles, on a monthly basis, to the
 4157  General Inspection Trust Fund of the Department of Agriculture
 4158  and Consumer Services. These funds shall be used for shellfish
 4159  and aquaculture law enforcement and quality control programs.
 4160         Section 56. Subsections (1), (2), (3), (4), (9), and (13)
 4161  of section 713.585, Florida Statutes, are amended to read:
 4162         713.585 Enforcement of lien by sale of motor vehicle.—A
 4163  person claiming a lien under s. 713.58 for performing labor or
 4164  services on a motor vehicle may enforce such lien by sale of the
 4165  vehicle in accordance with the following procedures:
 4166         (1) The lienor must give notice, by certified mail, return
 4167  receipt requested, within 15 business days, excluding Saturday
 4168  and Sunday, from the beginning date of the assessment of storage
 4169  charges on said motor vehicle, to the registered owner of the
 4170  vehicle, to the customer as indicated on the order for repair,
 4171  and to all other persons claiming an interest in or lien
 4172  thereon, as disclosed by the records of the Department of
 4173  Highway Safety and Motor Vehicles or as disclosed by the records
 4174  of any of a corresponding agency of any other state in which the
 4175  vehicle is identified through a records check of the National
 4176  Motor Vehicle Title Information System as being the current
 4177  state where the vehicle is titled appears registered. Such
 4178  notice must contain:
 4179         (a) A description of the vehicle (year, make, vehicle
 4180  identification number) and its location.
 4181         (b) The name and address of the owner of the vehicle, the
 4182  customer as indicated on the order for repair, and any person
 4183  claiming an interest in or lien thereon.
 4184         (c) The name, address, and telephone number of the lienor.
 4185         (d) Notice that the lienor claims a lien on the vehicle for
 4186  labor and services performed and storage charges, if any, and
 4187  the cash sum which, if paid to the lienor, would be sufficient
 4188  to redeem the vehicle from the lien claimed by the lienor.
 4189         (e) Notice that the lien claimed by the lienor is subject
 4190  to enforcement pursuant to this section and that the vehicle may
 4191  be sold to satisfy the lien.
 4192         (f) If known, the date, time, and location of any proposed
 4193  or scheduled sale of the vehicle. No vehicle may be sold earlier
 4194  than 60 days after completion of the repair work.
 4195         (g) Notice that the owner of the vehicle or any person
 4196  claiming an interest in or lien thereon has a right to a hearing
 4197  at any time prior to the scheduled date of sale by filing a
 4198  demand for hearing with the clerk of the circuit court in the
 4199  county in which the vehicle is held and mailing copies of the
 4200  demand for hearing to all other owners and lienors as reflected
 4201  on the notice.
 4202         (h) Notice that the owner of the vehicle has a right to
 4203  recover possession of the vehicle without instituting judicial
 4204  proceedings by posting bond in accordance with the provisions of
 4205  s. 559.917.
 4206         (i) Notice that any proceeds from the sale of the vehicle
 4207  remaining after payment of the amount claimed to be due and
 4208  owing to the lienor will be deposited with the clerk of the
 4209  circuit court for disposition upon court order pursuant to
 4210  subsection (8).
 4211         (2) If attempts to locate the owner or lienholder are
 4212  unsuccessful after a check of the records of the Department of
 4213  Highway Safety and Motor Vehicles and any state disclosed by the
 4214  check of the National Motor Vehicle Title Information System,
 4215  the lienor must notify the local law enforcement agency in
 4216  writing by certified mail or acknowledged hand delivery that the
 4217  lienor has been unable to locate the owner or lienholder, that a
 4218  physical search of the vehicle has disclosed no ownership
 4219  information, and that a good faith effort, including records
 4220  checks of the Department of Highway Safety and Motor Vehicles
 4221  database and the National Motor Vehicle Title Information
 4222  System, has been made. A description of the motor vehicle which
 4223  includes the year, make, and identification number must be given
 4224  on the notice. This notification must take place within 15
 4225  business days, excluding Saturday and Sunday, from the beginning
 4226  date of the assessment of storage charges on said motor vehicle.
 4227  For purposes of this paragraph, the term “good faith effort”
 4228  means that the following checks have been performed by the
 4229  company to establish the prior state of registration and title:
 4230         (a) A check of the Department of Highway Safety and Motor
 4231  Vehicles database for the owner and any lienholder.
 4232         (b) A check of the federally mandated electronic National
 4233  Motor Vehicle Title Information System to determine the state of
 4234  registration when there is not a current title or registration
 4235  record for the vehicle on file with the Department of Highway
 4236  Safety and Motor Vehicles.
 4237         (c)(a) A check of vehicle for any type of tag, tag record,
 4238  temporary tag, or regular tag;
 4239         (d)(b) A check of vehicle for inspection sticker or other
 4240  stickers and decals that could indicate the state of possible
 4241  registration; and
 4242         (e)(c) A check of the interior of the vehicle for any
 4243  papers that could be in the glove box, trunk, or other areas for
 4244  the state of registration.
 4245         (3) If the date of the sale was not included in the notice
 4246  required in subsection (1), notice of the sale must be sent by
 4247  certified mail, return receipt requested, not less than 15 days
 4248  before the date of sale, to the customer as indicated on the
 4249  order for repair, and to all other persons claiming an interest
 4250  in or lien on the motor vehicle, as disclosed by the records of
 4251  the Department of Highway Safety and Motor Vehicles or of a
 4252  corresponding agency of any other state in which the vehicle
 4253  appears to have been registered after completion of a check of
 4254  the National Motor Vehicle Title Information System. After
 4255  diligent search and inquiry, if the name and address of the
 4256  registered owner or the owner of the recorded lien cannot be
 4257  ascertained, the requirements for this notice may be
 4258  disregarded.
 4259         (4) The lienor, at least 15 days before the proposed or
 4260  scheduled date of sale of the vehicle, shall publish the notice
 4261  required by this section once in a newspaper circulated in the
 4262  county where the vehicle is held. A certificate of compliance
 4263  with the notification provisions of this section, verified by
 4264  the lienor, together with a copy of the notice and return
 4265  receipt for mailing of the notice required by this section, and
 4266  proof of publication, and checks of the Department of Highway
 4267  Safety and Motor Vehicles and the National Motor Vehicle Title
 4268  Information System, must be duly and expeditiously filed with
 4269  the clerk of the circuit court in the county where the vehicle
 4270  is held. The lienor, at the time of filing the certificate of
 4271  compliance, must pay to the clerk of that court a service charge
 4272  of $10 for indexing and recording the certificate.
 4273         (9) A copy of the certificate of compliance and the report
 4274  of sale, certified by the clerk of the court, and proof of the
 4275  required check of the National Motor Vehicle Title Information
 4276  System shall constitute satisfactory proof for application to
 4277  the Department of Highway Safety and Motor Vehicles for transfer
 4278  of title, together with any other proof required by any rules
 4279  and regulations of the department.
 4280         (13) A failure to make good faith efforts as defined in
 4281  subsection (2) precludes the imposition of any storage charges
 4282  against the vehicle. If a lienor fails to provide notice to any
 4283  person claiming a lien on a vehicle under subsection (1) within
 4284  15 business days after the assessment of storage charges have
 4285  begun, then the lienor is precluded from charging for more than
 4286  15 days of storage, but failure to provide timely notice does
 4287  not affect charges made for repairs, adjustments, or
 4288  modifications to the vehicle or the priority of liens on the
 4289  vehicle.
 4290         Section 57. Section 713.78, Florida Statutes, is amended to
 4291  read:
 4292         713.78 Liens for recovering, towing, or storing vehicles
 4293  and vessels.—
 4294         (1) For the purposes of this section, the term:
 4295         (a) “Vehicle” means any mobile item, whether motorized or
 4296  not, which is mounted on wheels.
 4297         (b) “Vessel” means every description of watercraft, barge,
 4298  and airboat used or capable of being used as a means of
 4299  transportation on water, other than a seaplane or a “documented
 4300  vessel” as defined in s. 327.02(9).
 4301         (c) “Wrecker” means any truck or other vehicle which is
 4302  used to tow, carry, or otherwise transport motor vehicles or
 4303  vessels upon the streets and highways of this state and which is
 4304  equipped for that purpose with a boom, winch, car carrier, or
 4305  other similar equipment.
 4306         (d) “National Motor Vehicle Title Information System” means
 4307  the federally authorized electronic National Motor Vehicle Title
 4308  Information System.
 4309         (2) Whenever a person regularly engaged in the business of
 4310  transporting vehicles or vessels by wrecker, tow truck, or car
 4311  carrier recovers, removes, or stores a vehicle or vessel upon
 4312  instructions from:
 4313         (a) The owner thereof;
 4314         (b) The owner or lessor, or a person authorized by the
 4315  owner or lessor, of property on which such vehicle or vessel is
 4316  wrongfully parked, and the removal is done in compliance with s.
 4317  715.07; or
 4318         (c) The landlord or a person authorized by the landlord,
 4319  when such motor vehicle or vessel remained on the premises after
 4320  the tenancy terminated and the removal is done in compliance
 4321  with s. 715.104; or
 4322         (d)(c) Any law enforcement agency,
 4323  
 4324  she or he shall have a lien on the vehicle or vessel for a
 4325  reasonable towing fee and for a reasonable storage fee; except
 4326  that no storage fee shall be charged if the vehicle is stored
 4327  for less than 6 hours.
 4328         (3) This section does not authorize any person to claim a
 4329  lien on a vehicle for fees or charges connected with the
 4330  immobilization of such vehicle using a vehicle boot or other
 4331  similar device pursuant to s. 715.07.
 4332         (4)(a) Any person regularly engaged in the business of
 4333  recovering, towing, or storing vehicles or vessels who comes
 4334  into possession of a vehicle or vessel pursuant to subsection
 4335  (2), and who claims a lien for recovery, towing, or storage
 4336  services, shall give notice to the registered owner, the
 4337  insurance company insuring the vehicle notwithstanding the
 4338  provisions of s. 627.736, and to all persons claiming a lien
 4339  thereon, as disclosed by the records in the Department of
 4340  Highway Safety and Motor Vehicles or as disclosed by the records
 4341  of any of a corresponding agency in any other state in which the
 4342  vehicle is identified through a records check of the National
 4343  Motor Vehicle Title Information System as being titled or
 4344  registered.
 4345         (b) Whenever any law enforcement agency authorizes the
 4346  removal of a vehicle or vessel or whenever any towing service,
 4347  garage, repair shop, or automotive service, storage, or parking
 4348  place notifies the law enforcement agency of possession of a
 4349  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 4350  enforcement agency of the jurisdiction where the vehicle or
 4351  vessel is stored shall contact the Department of Highway Safety
 4352  and Motor Vehicles, or the appropriate agency of the state of
 4353  registration, if known, within 24 hours through the medium of
 4354  electronic communications, giving the full description of the
 4355  vehicle or vessel. Upon receipt of the full description of the
 4356  vehicle or vessel, the department shall search its files to
 4357  determine the owner’s name, the insurance company insuring the
 4358  vehicle or vessel, and whether any person has filed a lien upon
 4359  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 4360  notify the applicable law enforcement agency within 72 hours.
 4361  The person in charge of the towing service, garage, repair shop,
 4362  or automotive service, storage, or parking place shall obtain
 4363  such information from the applicable law enforcement agency
 4364  within 5 days after the date of storage and shall give notice
 4365  pursuant to paragraph (a). The department may release the
 4366  insurance company information to the requestor notwithstanding
 4367  the provisions of s. 627.736.
 4368         (c) Notice by certified mail shall be sent within 7
 4369  business days after the date of storage of the vehicle or vessel
 4370  to the registered owner, the insurance company insuring the
 4371  vehicle notwithstanding the provisions of s. 627.736, and all
 4372  persons of record claiming a lien against the vehicle or vessel.
 4373  It shall state the fact of possession of the vehicle or vessel,
 4374  that a lien as provided in subsection (2) is claimed, that
 4375  charges have accrued and the amount thereof, that the lien is
 4376  subject to enforcement pursuant to law, and that the owner or
 4377  lienholder, if any, has the right to a hearing as set forth in
 4378  subsection (5), and that any vehicle or vessel which remains
 4379  unclaimed, or for which the charges for recovery, towing, or
 4380  storage services remain unpaid, may be sold free of all prior
 4381  liens after 35 days if the vehicle or vessel is more than 3
 4382  years of age or after 50 days if the vehicle or vessel is 3
 4383  years of age or less.
 4384         (d) If attempts to locate the name and address of the owner
 4385  or lienholder prove unsuccessful, the towing-storage operator
 4386  shall, after 7 working days, excluding Saturday and Sunday, of
 4387  the initial tow or storage, notify the public agency of
 4388  jurisdiction where the vehicle or vessel is stored in writing by
 4389  certified mail or acknowledged hand delivery that the towing
 4390  storage company has been unable to locate the name and address
 4391  of the owner or lienholder and a physical search of the vehicle
 4392  or vessel has disclosed no ownership information and a good
 4393  faith effort has been made, including records checks of the
 4394  Department of Highway Safety and Motor Vehicles and the National
 4395  Motor Vehicle Title Information System databases. For purposes
 4396  of this paragraph and subsection (9), “good faith effort” means
 4397  that the following checks have been performed by the company to
 4398  establish prior state of registration and for title:
 4399         1. Check of the Department of Highway Safety and Motor
 4400  Vehicles database for the owner and any lienholder.
 4401         2. Check of the electronic National Motor Vehicle Title
 4402  Information System to determine the state of registration when
 4403  there is not a current registration record for the vehicle on
 4404  file with the Department of Highway Safety and Motor Vehicles.
 4405         3.1. Check of vehicle or vessel for any type of tag, tag
 4406  record, temporary tag, or regular tag.
 4407         4.2. Check of law enforcement report for tag number or
 4408  other information identifying the vehicle or vessel, if the
 4409  vehicle or vessel was towed at the request of a law enforcement
 4410  officer.
 4411         5.3. Check of trip sheet or tow ticket of tow truck
 4412  operator to see if a tag was on vehicle or vessel at beginning
 4413  of tow, if private tow.
 4414         6.4. If there is no address of the owner on the impound
 4415  report, check of law enforcement report to see if an out-of
 4416  state address is indicated from driver license information.
 4417         7.5. Check of vehicle or vessel for inspection sticker or
 4418  other stickers and decals that may indicate a state of possible
 4419  registration.
 4420         8.6. Check of the interior of the vehicle or vessel for any
 4421  papers that may be in the glove box, trunk, or other areas for a
 4422  state of registration.
 4423         9.7. Check of vehicle for vehicle identification number.
 4424         10.8. Check of vessel for vessel registration number.
 4425         11.9. Check of vessel hull for a hull identification number
 4426  which should be carved, burned, stamped, embossed, or otherwise
 4427  permanently affixed to the outboard side of the transom or, if
 4428  there is no transom, to the outmost seaboard side at the end of
 4429  the hull that bears the rudder or other steering mechanism.
 4430         (5)(a) The owner of a vehicle or vessel removed pursuant to
 4431  the provisions of subsection (2), or any person claiming a lien,
 4432  other than the towing-storage operator, within 10 days after the
 4433  time she or he has knowledge of the location of the vehicle or
 4434  vessel, may file a complaint in the county court of the county
 4435  in which the vehicle or vessel is stored to determine if her or
 4436  his property was wrongfully taken or withheld from her or him.
 4437         (b) Upon filing of a complaint, an owner or lienholder may
 4438  have her or his vehicle or vessel released upon posting with the
 4439  court a cash or surety bond or other adequate security equal to
 4440  the amount of the charges for towing or storage and lot rental
 4441  amount to ensure the payment of such charges in the event she or
 4442  he does not prevail. Upon the posting of the bond and the
 4443  payment of the applicable fee set forth in s. 28.24, the clerk
 4444  of the court shall issue a certificate notifying the lienor of
 4445  the posting of the bond and directing the lienor to release the
 4446  vehicle or vessel. At the time of such release, after reasonable
 4447  inspection, she or he shall give a receipt to the towing-storage
 4448  company reciting any claims she or he has for loss or damage to
 4449  the vehicle or vessel or the contents thereof.
 4450         (c) Upon determining the respective rights of the parties,
 4451  the court may award damages, attorney’s fees, and costs in favor
 4452  of the prevailing party. In any event, the final order shall
 4453  provide for immediate payment in full of recovery, towing, and
 4454  storage fees by the vehicle or vessel owner or lienholder; or
 4455  the agency ordering the tow; or the owner, lessee, or agent
 4456  thereof of the property from which the vehicle or vessel was
 4457  removed.
 4458         (6) Any vehicle or vessel which is stored pursuant to
 4459  subsection (2) and which remains unclaimed, or for which
 4460  reasonable charges for recovery, towing, or storing remain
 4461  unpaid, and any contents not released pursuant to subsection
 4462  (10), may be sold by the owner or operator of the storage space
 4463  for such towing or storage charge after 35 days from the time
 4464  the vehicle or vessel is stored therein if the vehicle or vessel
 4465  is more than 3 years of age or after 50 days following the time
 4466  the vehicle or vessel is stored therein if the vehicle or vessel
 4467  is 3 years of age or less. The sale shall be at public sale for
 4468  cash. If the date of the sale was not included in the notice
 4469  required in subsection (4), notice of the sale shall be given to
 4470  the person in whose name the vehicle or vessel is registered and
 4471  to all persons claiming a lien on the vehicle or vessel as shown
 4472  on the records of the Department of Highway Safety and Motor
 4473  Vehicles or of any the corresponding agency in any other state
 4474  in which the vehicle is identified through a records check of
 4475  the National Motor Vehicle Title Information System as being
 4476  titled. Notice shall be sent by certified mail to the owner of
 4477  the vehicle or vessel and the person having the recorded lien on
 4478  the vehicle or vessel at the address shown on the records of the
 4479  registering agency and shall be mailed not less than 15 days
 4480  before the date of the sale. After diligent search and inquiry,
 4481  if the name and address of the registered owner or the owner of
 4482  the recorded lien cannot be ascertained, the requirements of
 4483  notice by mail may be dispensed with. In addition to the notice
 4484  by mail, public notice of the time and place of sale shall be
 4485  made by publishing a notice thereof one time, at least 10 days
 4486  prior to the date of the sale, in a newspaper of general
 4487  circulation in the county in which the sale is to be held. The
 4488  proceeds of the sale, after payment of reasonable towing and
 4489  storage charges, and costs of the sale, in that order of
 4490  priority, shall be deposited with the clerk of the circuit court
 4491  for the county if the owner or lienholder is absent, and the
 4492  clerk shall hold such proceeds subject to the claim of the owner
 4493  or lienholder legally entitled thereto. The clerk shall be
 4494  entitled to receive 5 percent of such proceeds for the care and
 4495  disbursement thereof. The certificate of title issued under this
 4496  law shall be discharged of all liens unless otherwise provided
 4497  by court order. The owner or lienholder may file a complaint
 4498  after the vehicle or vessel has been sold in the county court of
 4499  the county in which it is stored. Upon determining the
 4500  respective rights of the parties, the court may award damages,
 4501  attorney’s fees, and costs in favor of the prevailing party.
 4502         (7)(a) A wrecker operator recovering, towing, or storing
 4503  vehicles or vessels is not liable for damages connected with
 4504  such services, theft of such vehicles or vessels, or theft of
 4505  personal property contained in such vehicles or vessels,
 4506  provided that such services have been performed with reasonable
 4507  care and provided, further, that, in the case of removal of a
 4508  vehicle or vessel upon the request of a person purporting, and
 4509  reasonably appearing, to be the owner or lessee, or a person
 4510  authorized by the owner or lessee, of the property from which
 4511  such vehicle or vessel is removed, such removal has been done in
 4512  compliance with s. 715.07. Further, a wrecker operator is not
 4513  liable for damage to a vehicle, vessel, or cargo that obstructs
 4514  the normal movement of traffic or creates a hazard to traffic
 4515  and is removed in compliance with the request of a law
 4516  enforcement officer.
 4517         (b) For the purposes of this subsection, a wrecker operator
 4518  is presumed to use reasonable care to prevent the theft of a
 4519  vehicle or vessel or of any personal property contained in such
 4520  vehicle stored in the wrecker operator’s storage facility if all
 4521  of the following apply:
 4522         1. The wrecker operator surrounds the storage facility with
 4523  a chain-link or solid-wall type fence at least 6 feet in height;
 4524         2. The wrecker operator has illuminated the storage
 4525  facility with lighting of sufficient intensity to reveal persons
 4526  and vehicles at a distance of at least 150 feet during
 4527  nighttime; and
 4528         3. The wrecker operator uses one or more of the following
 4529  security methods to discourage theft of vehicles or vessels or
 4530  of any personal property contained in such vehicles or vessels
 4531  stored in the wrecker operator’s storage facility:
 4532         a. A night dispatcher or watchman remains on duty at the
 4533  storage facility from sunset to sunrise;
 4534         b. A security dog remains at the storage facility from
 4535  sunset to sunrise;
 4536         c. Security cameras or other similar surveillance devices
 4537  monitor the storage facility; or
 4538         d. A security guard service examines the storage facility
 4539  at least once each hour from sunset to sunrise.
 4540         (c) Any law enforcement agency requesting that a motor
 4541  vehicle be removed from an accident scene, street, or highway
 4542  must conduct an inventory and prepare a written record of all
 4543  personal property found in the vehicle before the vehicle is
 4544  removed by a wrecker operator. However, if the owner or driver
 4545  of the motor vehicle is present and accompanies the vehicle, no
 4546  inventory by law enforcement is required. A wrecker operator is
 4547  not liable for the loss of personal property alleged to be
 4548  contained in such a vehicle when such personal property was not
 4549  identified on the inventory record prepared by the law
 4550  enforcement agency requesting the removal of the vehicle.
 4551         (8) A person regularly engaged in the business of
 4552  recovering, towing, or storing vehicles or vessels, except a
 4553  person licensed under chapter 493 while engaged in
 4554  “repossession” activities as defined in s. 493.6101, may not
 4555  operate a wrecker, tow truck, or car carrier unless the name,
 4556  address, and telephone number of the company performing the
 4557  service is clearly printed in contrasting colors on the driver
 4558  and passenger sides of its vehicle. The name must be in at least
 4559  3-inch permanently affixed letters, and the address and
 4560  telephone number must be in at least 1-inch permanently affixed
 4561  letters.
 4562         (9) Failure to make good faith best efforts to comply with
 4563  the notice requirements of this section shall preclude the
 4564  imposition of any storage charges against such vehicle or
 4565  vessel.
 4566         (10) Persons who provide services pursuant to this section
 4567  shall permit vehicle or vessel owners, lienholders, insurance
 4568  company representatives, or their agents, which agency is
 4569  evidenced by an original writing acknowledged by the owner
 4570  before a notary public or other person empowered by law to
 4571  administer oaths, to inspect the towed vehicle or vessel and
 4572  shall release to the owner, lienholder, or agent the vehicle,
 4573  vessel, or all personal property not affixed to the vehicle or
 4574  vessel which was in the vehicle or vessel at the time the
 4575  vehicle or vessel came into the custody of the person providing
 4576  such services.
 4577         (11)(a) Any person regularly engaged in the business of
 4578  recovering, towing, or storing vehicles or vessels who comes
 4579  into possession of a vehicle or vessel pursuant to subsection
 4580  (2) and who has complied with the provisions of subsections (3)
 4581  and (6), when such vehicle or vessel is to be sold for purposes
 4582  of being dismantled, destroyed, or changed in such manner that
 4583  it is not the motor vehicle or vessel described in the
 4584  certificate of title, shall report the vehicle to the National
 4585  Motor Vehicle Title Information System and apply to the
 4586  Department of Highway Safety and Motor Vehicles county tax
 4587  collector for a certificate of destruction. A certificate of
 4588  destruction, which authorizes the dismantling or destruction of
 4589  the vehicle or vessel described therein, shall be reassignable a
 4590  maximum of two times before dismantling or destruction of the
 4591  vehicle shall be required, and shall accompany the vehicle or
 4592  vessel for which it is issued, when such vehicle or vessel is
 4593  sold for such purposes, in lieu of a certificate of title. The
 4594  application for a certificate of destruction must include proof
 4595  of reporting to the National Motor Vehicle Title Information
 4596  System and an affidavit from the applicant that it has complied
 4597  with all applicable requirements of this section and, if the
 4598  vehicle or vessel is not registered in this state or any other
 4599  state, by a statement from a law enforcement officer that the
 4600  vehicle or vessel is not reported stolen, and shall be
 4601  accompanied by such documentation as may be required by the
 4602  department.
 4603         (b) The Department of Highway Safety and Motor Vehicles
 4604  shall charge a fee of $3 for each certificate of destruction. A
 4605  service charge of $4.25 shall be collected and retained by the
 4606  tax collector who processes the application.
 4607         (c) The Department of Highway Safety and Motor Vehicles may
 4608  adopt such rules as it deems necessary or proper for the
 4609  administration of this subsection.
 4610         (12)(a) Any person who violates any provision of subsection
 4611  (1), subsection (2), subsection (4), subsection (5), subsection
 4612  (6), or subsection (7) is guilty of a misdemeanor of the first
 4613  degree, punishable as provided in s. 775.082 or s. 775.083.
 4614         (b) Any person who violates the provisions of subsections
 4615  (8) through (11) is guilty of a felony of the third degree,
 4616  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 4617         (c) Any person who uses a false or fictitious name, gives a
 4618  false or fictitious address, or makes any false statement in any
 4619  application or affidavit required under the provisions of this
 4620  section is guilty of a felony of the third degree, punishable as
 4621  provided in s. 775.082, s. 775.083, or s. 775.084.
 4622         (d) Employees of the Department of Highway Safety and Motor
 4623  Vehicles and law enforcement officers are authorized to inspect
 4624  the records of any person regularly engaged in the business of
 4625  recovering, towing, or storing vehicles or vessels or
 4626  transporting vehicles or vessels by wrecker, tow truck, or car
 4627  carrier, to ensure compliance with the requirements of this
 4628  section. Any person who fails to maintain records, or fails to
 4629  produce records when required in a reasonable manner and at a
 4630  reasonable time, commits a misdemeanor of the first degree,
 4631  punishable as provided in s. 775.082 or s. 775.083.
 4632         (13)(a) Upon receipt by the Department of Highway Safety
 4633  and Motor Vehicles of written notice from a wrecker operator who
 4634  claims a wrecker operator’s lien under paragraph (2)(c) or
 4635  paragraph (2)(d) for recovery, towing, or storage of an
 4636  abandoned vehicle or vessel upon instructions from any law
 4637  enforcement agency, for which a certificate of destruction has
 4638  been issued under subsection (11) and the vehicle has been
 4639  reported to the National Motor Vehicle Title Information System,
 4640  the department shall place the name of the registered owner of
 4641  that vehicle or vessel on the list of those persons who may not
 4642  be issued a license plate or revalidation sticker for any motor
 4643  vehicle under s. 320.03(8). If the vehicle or vessel is owned
 4644  jointly by more than one person, the name of each registered
 4645  owner shall be placed on the list. The notice of wrecker
 4646  operator’s lien shall be submitted on forms provided by the
 4647  department, which must include:
 4648         1. The name, address, and telephone number of the wrecker
 4649  operator.
 4650         2. The name of the registered owner of the vehicle or
 4651  vessel and the address to which the wrecker operator provided
 4652  notice of the lien to the registered owner under subsection (4).
 4653         3. A general description of the vehicle or vessel,
 4654  including its color, make, model, body style, and year.
 4655         4. The vehicle identification number (VIN); registration
 4656  license plate number, state, and year; validation decal number,
 4657  state, and year; vessel registration number; hull identification
 4658  number; or other identification number, as applicable.
 4659         5. The name of the person or the corresponding law
 4660  enforcement agency that requested that the vehicle or vessel be
 4661  recovered, towed, or stored.
 4662         6. The amount of the wrecker operator’s lien, not to exceed
 4663  the amount allowed by paragraph (b).
 4664         (b) For purposes of this subsection only, the amount of the
 4665  wrecker operator’s lien for which the department will prevent
 4666  issuance of a license plate or revalidation sticker may not
 4667  exceed the amount of the charges for recovery, towing, and
 4668  storage of the vehicle or vessel for 7 days. These charges may
 4669  not exceed the maximum rates imposed by the ordinances of the
 4670  respective county or municipality under ss. 125.0103(1)(c) and
 4671  166.043(1)(c). This paragraph does not limit the amount of a
 4672  wrecker operator’s lien claimed under subsection (2) or prevent
 4673  a wrecker operator from seeking civil remedies for enforcement
 4674  of the entire amount of the lien, but limits only that portion
 4675  of the lien for which the department will prevent issuance of a
 4676  license plate or revalidation sticker.
 4677         (c)1. The registered owner of a vehicle or vessel may
 4678  dispute a wrecker operator’s lien, by notifying the department
 4679  of the dispute in writing on forms provided by the department,
 4680  if at least one of the following applies:
 4681         a. The registered owner presents a notarized bill of sale
 4682  proving that the vehicle or vessel was sold in a private or
 4683  casual sale before the vehicle or vessel was recovered, towed,
 4684  or stored.
 4685         b. The registered owner presents proof that the Florida
 4686  certificate of title of the vehicle or vessel was sold to a
 4687  licensed dealer as defined in s. 319.001 before the vehicle or
 4688  vessel was recovered, towed, or stored.
 4689         c. The records of the department were marked “sold” prior
 4690  to the date of the tow.
 4691  
 4692  If the registered owner’s dispute of a wrecker operator’s lien
 4693  complies with one of these criteria, the department shall
 4694  immediately remove the registered owner’s name from the list of
 4695  those persons who may not be issued a license plate or
 4696  revalidation sticker for any motor vehicle under s. 320.03(8),
 4697  thereby allowing issuance of a license plate or revalidation
 4698  sticker. If the vehicle or vessel is owned jointly by more than
 4699  one person, each registered owner must dispute the wrecker
 4700  operator’s lien in order to be removed from the list. However,
 4701  the department shall deny any dispute and maintain the
 4702  registered owner’s name on the list of those persons who may not
 4703  be issued a license plate or revalidation sticker for any motor
 4704  vehicle under s. 320.03(8) if the wrecker operator has provided
 4705  the department with a certified copy of the judgment of a court
 4706  which orders the registered owner to pay the wrecker operator’s
 4707  lien claimed under this section. In such a case, the amount of
 4708  the wrecker operator’s lien allowed by paragraph (b) may be
 4709  increased to include no more than $500 of the reasonable costs
 4710  and attorney’s fees incurred in obtaining the judgment. The
 4711  department’s action under this subparagraph is ministerial in
 4712  nature, shall not be considered final agency action, and is
 4713  appealable only to the county court for the county in which the
 4714  vehicle or vessel was ordered removed.
 4715         2. A person against whom a wrecker operator’s lien has been
 4716  imposed may alternatively obtain a discharge of the lien by
 4717  filing a complaint, challenging the validity of the lien or the
 4718  amount thereof, in the county court of the county in which the
 4719  vehicle or vessel was ordered removed. Upon filing of the
 4720  complaint, the person may have her or his name removed from the
 4721  list of those persons who may not be issued a license plate or
 4722  revalidation sticker for any motor vehicle under s. 320.03(8),
 4723  thereby allowing issuance of a license plate or revalidation
 4724  sticker, upon posting with the court a cash or surety bond or
 4725  other adequate security equal to the amount of the wrecker
 4726  operator’s lien to ensure the payment of such lien in the event
 4727  she or he does not prevail. Upon the posting of the bond and the
 4728  payment of the applicable fee set forth in s. 28.24, the clerk
 4729  of the court shall issue a certificate notifying the department
 4730  of the posting of the bond and directing the department to
 4731  release the wrecker operator’s lien. Upon determining the
 4732  respective rights of the parties, the court may award damages
 4733  and costs in favor of the prevailing party.
 4734         3. If a person against whom a wrecker operator’s lien has
 4735  been imposed does not object to the lien, but cannot discharge
 4736  the lien by payment because the wrecker operator has moved or
 4737  gone out of business, the person may have her or his name
 4738  removed from the list of those persons who may not be issued a
 4739  license plate or revalidation sticker for any motor vehicle
 4740  under s. 320.03(8), thereby allowing issuance of a license plate
 4741  or revalidation sticker, upon posting with the clerk of court in
 4742  the county in which the vehicle or vessel was ordered removed, a
 4743  cash or surety bond or other adequate security equal to the
 4744  amount of the wrecker operator’s lien. Upon the posting of the
 4745  bond and the payment of the application fee set forth in s.
 4746  28.24, the clerk of the court shall issue a certificate
 4747  notifying the department of the posting of the bond and
 4748  directing the department to release the wrecker operator’s lien.
 4749  The department shall mail to the wrecker operator, at the
 4750  address upon the lien form, notice that the wrecker operator
 4751  must claim the security within 60 days, or the security will be
 4752  released back to the person who posted it. At the conclusion of
 4753  the 60 days, the department shall direct the clerk as to which
 4754  party is entitled to payment of the security, less applicable
 4755  clerk’s fees.
 4756         4. A wrecker operator’s lien expires 5 years after filing.
 4757         (d) Upon discharge of the amount of the wrecker operator’s
 4758  lien allowed by paragraph (b), the wrecker operator must issue a
 4759  certificate of discharged wrecker operator’s lien on forms
 4760  provided by the department to each registered owner of the
 4761  vehicle or vessel attesting that the amount of the wrecker
 4762  operator’s lien allowed by paragraph (b) has been discharged.
 4763  Upon presentation of the certificate of discharged wrecker
 4764  operator’s lien by the registered owner, the department shall
 4765  immediately remove the registered owner’s name from the list of
 4766  those persons who may not be issued a license plate or
 4767  revalidation sticker for any motor vehicle under s. 320.03(8),
 4768  thereby allowing issuance of a license plate or revalidation
 4769  sticker. Issuance of a certificate of discharged wrecker
 4770  operator’s lien under this paragraph does not discharge the
 4771  entire amount of the wrecker operator’s lien claimed under
 4772  subsection (2), but only certifies to the department that the
 4773  amount of the wrecker operator’s lien allowed by paragraph (b),
 4774  for which the department will prevent issuance of a license
 4775  plate or revalidation sticker, has been discharged.
 4776         (e) When a wrecker operator files a notice of wrecker
 4777  operator’s lien under this subsection, the department shall
 4778  charge the wrecker operator a fee of $2, which shall be
 4779  deposited into the General Revenue Fund. A service charge of
 4780  $2.50 shall be collected and retained by the tax collector who
 4781  processes a notice of wrecker operator’s lien.
 4782         (f) This subsection applies only to the annual renewal in
 4783  the registered owner’s birth month of a motor vehicle
 4784  registration and does not apply to the transfer of a
 4785  registration of a motor vehicle sold by a motor vehicle dealer
 4786  licensed under chapter 320, except for the transfer of
 4787  registrations which includes the annual renewals. This
 4788  subsection does not apply to any vehicle registered in the name
 4789  of the lessor. This subsection does not affect the issuance of
 4790  the title to a motor vehicle, notwithstanding s. 319.23(8)(b).
 4791         (g) The Department of Highway Safety and Motor Vehicles may
 4792  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
 4793  this subsection.
 4794         Section 58. Paragraph (aa) of subsection (7) of section
 4795  212.08, Florida Statutes, is amended to read:
 4796         212.08 Sales, rental, use, consumption, distribution, and
 4797  storage tax; specified exemptions.—The sale at retail, the
 4798  rental, the use, the consumption, the distribution, and the
 4799  storage to be used or consumed in this state of the following
 4800  are hereby specifically exempt from the tax imposed by this
 4801  chapter.
 4802         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
 4803  entity by this chapter do not inure to any transaction that is
 4804  otherwise taxable under this chapter when payment is made by a
 4805  representative or employee of the entity by any means,
 4806  including, but not limited to, cash, check, or credit card, even
 4807  when that representative or employee is subsequently reimbursed
 4808  by the entity. In addition, exemptions provided to any entity by
 4809  this subsection do not inure to any transaction that is
 4810  otherwise taxable under this chapter unless the entity has
 4811  obtained a sales tax exemption certificate from the department
 4812  or the entity obtains or provides other documentation as
 4813  required by the department. Eligible purchases or leases made
 4814  with such a certificate must be in strict compliance with this
 4815  subsection and departmental rules, and any person who makes an
 4816  exempt purchase with a certificate that is not in strict
 4817  compliance with this subsection and the rules is liable for and
 4818  shall pay the tax. The department may adopt rules to administer
 4819  this subsection.
 4820         (aa) Certain commercial vehicles.—Also exempt is the sale,
 4821  lease, or rental of a commercial motor vehicle as defined in s.
 4822  207.002 207.002(2), when the following conditions are met:
 4823         1. The sale, lease, or rental occurs between two commonly
 4824  owned and controlled corporations;
 4825         2. Such vehicle was titled and registered in this state at
 4826  the time of the sale, lease, or rental; and
 4827         3. Florida sales tax was paid on the acquisition of such
 4828  vehicle by the seller, lessor, or renter.
 4829         Section 59. Subsection (8) of section 261.03, Florida
 4830  Statutes, is amended to read:
 4831         261.03 Definitions.—As used in this chapter, the term:
 4832         (8) “ROV” means any motorized recreational off-highway
 4833  vehicle 64 inches or less in width, having a dry weight of 2,000
 4834  pounds or less, designed to travel on four or more nonhighway
 4835  tires, having nonstraddle seating and a steering wheel, and
 4836  manufactured for recreational use by one or more persons. The
 4837  term “ROV” does not include a golf cart as defined in ss. 320.01
 4838  320.01(22) and 316.003(68) or a low-speed vehicle as defined in
 4839  s. 320.01 320.01(42).
 4840         Section 60. Section 316.2122, Florida Statutes, is amended
 4841  to read:
 4842         316.2122 Operation of a low-speed vehicle or mini truck on
 4843  certain roadways.—The operation of a low-speed vehicle as
 4844  defined in s. 320.01 320.01(42) or a mini truck as defined in s.
 4845  320.01 320.01(45) on any road is authorized with the following
 4846  restrictions:
 4847         (1) A low-speed vehicle or mini truck may be operated only
 4848  on streets where the posted speed limit is 35 miles per hour or
 4849  less. This does not prohibit a low-speed vehicle or mini truck
 4850  from crossing a road or street at an intersection where the road
 4851  or street has a posted speed limit of more than 35 miles per
 4852  hour.
 4853         (2) A low-speed vehicle must be equipped with headlamps,
 4854  stop lamps, turn signal lamps, taillamps, reflex reflectors,
 4855  parking brakes, rearview mirrors, windshields, seat belts, and
 4856  vehicle identification numbers.
 4857         (3) A low-speed vehicle or mini truck must be registered
 4858  and insured in accordance with s. 320.02 and titled pursuant to
 4859  chapter 319.
 4860         (4) Any person operating a low-speed vehicle or mini truck
 4861  must have in his or her possession a valid driver driver’s
 4862  license.
 4863         (5) A county or municipality may prohibit the operation of
 4864  low-speed vehicles or mini trucks on any road under its
 4865  jurisdiction if the governing body of the county or municipality
 4866  determines that such prohibition is necessary in the interest of
 4867  safety.
 4868         (6) The Department of Transportation may prohibit the
 4869  operation of low-speed vehicles or mini trucks on any road under
 4870  its jurisdiction if it determines that such prohibition is
 4871  necessary in the interest of safety.
 4872         Section 61. Section 316.2124, Florida Statutes, is amended
 4873  to read:
 4874         316.2124 Motorized disability access vehicles.—The
 4875  Department of Highway Safety and Motor Vehicles is directed to
 4876  provide, by rule, for the regulation of motorized disability
 4877  access vehicles as described in s. 320.01 320.01(34). The
 4878  department shall provide that motorized disability access
 4879  vehicles shall be registered in the same manner as motorcycles
 4880  and shall pay the same registration fee as for a motorcycle.
 4881  There shall also be assessed, in addition to the registration
 4882  fee, a $2.50 surcharge for motorized disability access vehicles.
 4883  This surcharge shall be paid into the Highway Safety Operating
 4884  Trust Fund. Motorized disability access vehicles shall not be
 4885  required to be titled by the department. The department shall
 4886  require motorized disability access vehicles to be subject to
 4887  the same safety requirements as set forth in this chapter for
 4888  motorcycles.
 4889         Section 62. Subsection (1) of section 316.21265, Florida
 4890  Statutes, is amended to read:
 4891         316.21265 Use of all-terrain vehicles, golf carts, low
 4892  speed vehicles, or utility vehicles by law enforcement
 4893  agencies.—
 4894         (1) Notwithstanding any provision of law to the contrary,
 4895  any law enforcement agency in this state may operate all-terrain
 4896  vehicles as defined in s. 316.2074, golf carts as defined in s.
 4897  320.01 320.01(22), low-speed vehicles as defined in s. 320.01
 4898  320.01(42), or utility vehicles as defined in s. 320.01
 4899  320.01(43) on any street, road, or highway in this state while
 4900  carrying out its official duties.
 4901         Section 63. Subsection (1) of section 316.3026, Florida
 4902  Statutes, is amended to read:
 4903         316.3026 Unlawful operation of motor carriers.—
 4904         (1) The Office of Commercial Vehicle Enforcement may issue
 4905  out-of-service orders to motor carriers, as defined in s. 320.01
 4906  320.01(33), who, after proper notice, have failed to pay any
 4907  penalty or fine assessed by the department, or its agent,
 4908  against any owner or motor carrier for violations of state law,
 4909  refused to submit to a compliance review and provide records
 4910  pursuant to s. 316.302(5) or s. 316.70, or violated safety
 4911  regulations pursuant to s. 316.302 or insurance requirements in
 4912  s. 627.7415. Such out-of-service orders have the effect of
 4913  prohibiting the operations of any motor vehicles owned, leased,
 4914  or otherwise operated by the motor carrier upon the roadways of
 4915  this state, until the violations have been corrected or
 4916  penalties have been paid. Out-of-service orders must be approved
 4917  by the director of the Division of the Florida Highway Patrol or
 4918  his or her designee. An administrative hearing pursuant to s.
 4919  120.569 shall be afforded to motor carriers subject to such
 4920  orders.
 4921         Section 64. Paragraph (a) of subsection (5) and subsection
 4922  (10) of section 316.550, Florida Statutes, are amended to read:
 4923         316.550 Operations not in conformity with law; special
 4924  permits.—
 4925         (5)(a) The Department of Transportation may issue a wrecker
 4926  special blanket permit to authorize a wrecker as defined in s.
 4927  320.01 320.01(40) to tow a disabled motor vehicle as defined in
 4928  s. 320.01 320.01(38) where the combination of the wrecker and
 4929  the disabled vehicle being towed exceeds the maximum weight
 4930  limits as established by s. 316.535.
 4931         (10) Whenever any motor vehicle, or the combination of a
 4932  wrecker as defined in s. 320.01 320.01(40) and a towed motor
 4933  vehicle, exceeds any weight or dimensional criteria or special
 4934  operational or safety stipulation contained in a special permit
 4935  issued under the provisions of this section, the penalty
 4936  assessed to the owner or operator shall be as follows:
 4937         (a) For violation of weight criteria contained in a special
 4938  permit, the penalty per pound or portion thereof exceeding the
 4939  permitted weight shall be as provided in s. 316.545.
 4940         (b) For each violation of dimensional criteria in a special
 4941  permit, the penalty shall be as provided in s. 316.516 and
 4942  penalties for multiple violations of dimensional criteria shall
 4943  be cumulative except that the total penalty for the vehicle
 4944  shall not exceed $1,000.
 4945         (c) For each violation of an operational or safety
 4946  stipulation in a special permit, the penalty shall be an amount
 4947  not to exceed $1,000 per violation and penalties for multiple
 4948  violations of operational or safety stipulations shall be
 4949  cumulative except that the total penalty for the vehicle shall
 4950  not exceed $1,000.
 4951         (d) For violation of any special condition that has been
 4952  prescribed in the rules of the Department of Transportation and
 4953  declared on the permit, the vehicle shall be determined to be
 4954  out of conformance with the permit and the permit shall be
 4955  declared null and void for the vehicle, and weight and
 4956  dimensional limits for the vehicle shall be as established in s.
 4957  316.515 or s. 316.535, whichever is applicable, and:
 4958         1. For weight violations, a penalty as provided in s.
 4959  316.545 shall be assessed for those weights which exceed the
 4960  limits thus established for the vehicle; and
 4961         2. For dimensional, operational, or safety violations, a
 4962  penalty as established in paragraph (c) or s. 316.516, whichever
 4963  is applicable, shall be assessed for each nonconforming
 4964  dimensional, operational, or safety violation and the penalties
 4965  for multiple violations shall be cumulative for the vehicle.
 4966         Section 65. Subsection (9) of section 317.0003, Florida
 4967  Statutes, is amended to read:
 4968         317.0003 Definitions.—As used in this chapter, the term:
 4969         (9) “ROV” means any motorized recreational off-highway
 4970  vehicle 64 inches or less in width, having a dry weight of 2,000
 4971  pounds or less, designed to travel on four or more nonhighway
 4972  tires, having nonstraddle seating and a steering wheel, and
 4973  manufactured for recreational use by one or more persons. The
 4974  term “ROV” does not include a golf cart as defined in ss. 320.01
 4975  320.01(22) and 316.003(68) or a low-speed vehicle as defined in
 4976  s. 320.01 320.01(42).
 4977         Section 66. Paragraph (d) of subsection (5) of section
 4978  320.08, Florida Statutes, is amended to read:
 4979         320.08 License taxes.—Except as otherwise provided herein,
 4980  there are hereby levied and imposed annual license taxes for the
 4981  operation of motor vehicles, mopeds, motorized bicycles as
 4982  defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
 4983  and mobile homes, as defined in s. 320.01, which shall be paid
 4984  to and collected by the department or its agent upon the
 4985  registration or renewal of registration of the following:
 4986         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
 4987  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
 4988         (d) A wrecker, as defined in s. 320.01 320.01(40), which is
 4989  used to tow a vessel as defined in s. 327.02(39), a disabled,
 4990  abandoned, stolen-recovered, or impounded motor vehicle as
 4991  defined in s. 320.01 320.01(38), or a replacement motor vehicle
 4992  as defined in s. 320.01 320.01(39): $41 flat, of which $11 shall
 4993  be deposited into the General Revenue Fund.
 4994         Section 67. Subsection (1) of section 320.0847, Florida
 4995  Statutes, is amended to read:
 4996         320.0847 Mini truck and low-speed vehicle license plates.—
 4997         (1) The department shall issue a license plate to the owner
 4998  or lessee of any vehicle registered as a low-speed vehicle as
 4999  defined in s. 320.01 320.01(42) or a mini truck as defined in s.
 5000  320.01 320.01(45) upon payment of the appropriate license taxes
 5001  and fees prescribed in s. 320.08.
 5002         Section 68. Subsections (4) and (5) of section 322.271,
 5003  Florida Statutes, are amended to read:
 5004         322.271 Authority to modify revocation, cancellation, or
 5005  suspension order.—
 5006         (4) Notwithstanding the provisions of s. 322.28(2)(d)
 5007  322.28(2)(e), a person whose driving privilege has been
 5008  permanently revoked because he or she has been convicted of DUI
 5009  manslaughter in violation of s. 316.193 and has no prior
 5010  convictions for DUI-related offenses may, upon the expiration of
 5011  5 years after the date of such revocation or the expiration of 5
 5012  years after the termination of any term of incarceration under
 5013  s. 316.193 or former s. 316.1931, whichever date is later,
 5014  petition the department for reinstatement of his or her driving
 5015  privilege.
 5016         (a) Within 30 days after the receipt of such a petition,
 5017  the department shall afford the petitioner an opportunity for a
 5018  hearing. At the hearing, the petitioner must demonstrate to the
 5019  department that he or she:
 5020         1. Has not been arrested for a drug-related offense during
 5021  the 5 years preceding the filing of the petition;
 5022         2. Has not driven a motor vehicle without a license for at
 5023  least 5 years prior to the hearing;
 5024         3. Has been drug-free for at least 5 years prior to the
 5025  hearing; and
 5026         4. Has completed a DUI program licensed by the department.
 5027         (b) At such hearing, the department shall determine the
 5028  petitioner’s qualification, fitness, and need to drive. Upon
 5029  such determination, the department may, in its discretion,
 5030  reinstate the driver driver’s license of the petitioner. Such
 5031  reinstatement must be made subject to the following
 5032  qualifications:
 5033         1. The license must be restricted for employment purposes
 5034  for at least not less than 1 year; and
 5035         2. Such person must be supervised by a DUI program licensed
 5036  by the department and report to the program for such supervision
 5037  and education at least four times a year or additionally as
 5038  required by the program for the remainder of the revocation
 5039  period. Such supervision shall include evaluation, education,
 5040  referral into treatment, and other activities required by the
 5041  department.
 5042         (c) Such person must assume the reasonable costs of
 5043  supervision. If such person fails to comply with the required
 5044  supervision, the program shall report the failure to the
 5045  department, and the department shall cancel such person’s
 5046  driving privilege.
 5047         (d) If, after reinstatement, such person is convicted of an
 5048  offense for which mandatory revocation of his or her license is
 5049  required, the department shall revoke his or her driving
 5050  privilege.
 5051         (e) The department shall adopt rules regulating the
 5052  providing of services by DUI programs pursuant to this section.
 5053         (5) Notwithstanding the provisions of s. 322.28(2)(d)
 5054  322.28(2)(e), a person whose driving privilege has been
 5055  permanently revoked because he or she has been convicted four or
 5056  more times of violating s. 316.193 or former s. 316.1931 may,
 5057  upon the expiration of 5 years after the date of the last
 5058  conviction or the expiration of 5 years after the termination of
 5059  any incarceration under s. 316.193 or former s. 316.1931,
 5060  whichever is later, petition the department for reinstatement of
 5061  his or her driving privilege.
 5062         (a) Within 30 days after receipt of a petition, the
 5063  department shall provide for a hearing, at which the petitioner
 5064  must demonstrate that he or she:
 5065         1. Has not been arrested for a drug-related offense for at
 5066  least 5 years prior to filing the petition;
 5067         2. Has not driven a motor vehicle without a license for at
 5068  least 5 years prior to the hearing;
 5069         3. Has been drug-free for at least 5 years prior to the
 5070  hearing; and
 5071         4. Has completed a DUI program licensed by the department.
 5072         (b) At the hearing, the department shall determine the
 5073  petitioner’s qualification, fitness, and need to drive, and may,
 5074  after such determination, reinstate the petitioner’s driver
 5075  driver’s license. The reinstatement shall be subject to the
 5076  following qualifications:
 5077         1. The petitioner’s license must be restricted for
 5078  employment purposes for at least not less than 1 year; and
 5079         2. The petitioner must be supervised by a DUI program
 5080  licensed by the department and must report to the program for
 5081  supervision and education at least four times a year or more, as
 5082  required by the program, for the remainder of the revocation
 5083  period. The supervision shall include evaluation, education,
 5084  referral into treatment, and other activities required by the
 5085  department.
 5086         (c) The petitioner must assume the reasonable costs of
 5087  supervision. If the petitioner does not comply with the required
 5088  supervision, the program shall report the failure to the
 5089  department, and the department shall cancel such person’s
 5090  driving privilege.
 5091         (d) If, after reinstatement, the petitioner is convicted of
 5092  an offense for which mandatory license revocation is required,
 5093  the department shall revoke his or her driving privilege.
 5094         (e) The department shall adopt rules regulating the
 5095  services provided by DUI programs pursuant to this section.
 5096         Section 69. Section 322.282, Florida Statutes, is amended
 5097  to read:
 5098         322.282 Procedure when court revokes or suspends license or
 5099  driving privilege and orders reinstatement.—When a court
 5100  suspends or revokes a person’s license or driving privilege and,
 5101  in its discretion, orders reinstatement as provided by s.
 5102  322.28(2)(d) or former s. 322.261(5):
 5103         (1) The court shall pick up all revoked or suspended driver
 5104  driver’s licenses from the person and immediately forward them
 5105  to the department, together with a record of such conviction.
 5106  The clerk of such court shall also maintain a list of all
 5107  revocations or suspensions by the court.
 5108         (2)(a) The court shall issue an order of reinstatement, on
 5109  a form to be furnished by the department, which the person may
 5110  take to any driver driver’s license examining office. The
 5111  department shall issue a temporary driver driver’s permit to a
 5112  licensee who presents the court’s order of reinstatement, proof
 5113  of completion of a department-approved driver training or
 5114  substance abuse education course, and a written request for a
 5115  hearing under s. 322.271. The permit shall not be issued if a
 5116  record check by the department shows that the person has
 5117  previously been convicted for a violation of s. 316.193, former
 5118  s. 316.1931, former s. 316.028, former s. 860.01, or a previous
 5119  conviction outside this state for driving under the influence,
 5120  driving while intoxicated, driving with an unlawful blood
 5121  alcohol level, or any similar alcohol-related or drug-related
 5122  traffic offense; that the person’s driving privilege has been
 5123  previously suspended for refusal to submit to a lawful test of
 5124  breath, blood, or urine; or that the person is otherwise not
 5125  entitled to issuance of a driver driver’s license. This
 5126  paragraph shall not be construed to prevent the reinstatement of
 5127  a license or driving privilege that is presently suspended for
 5128  driving with an unlawful blood-alcohol level or a refusal to
 5129  submit to a breath, urine, or blood test and is also revoked for
 5130  a conviction for a violation of s. 316.193 or former s.
 5131  316.1931, if the suspension and revocation arise out of the same
 5132  incident.
 5133         (b) The temporary driver driver’s permit shall be
 5134  restricted to either business or employment purposes described
 5135  in s. 322.271, as determined by the department, and shall not be
 5136  used for pleasure, recreational, or nonessential driving.
 5137         (c) If the department determines at a later date from its
 5138  records that the applicant has previously been convicted of an
 5139  offense referred to in paragraph (a) which would render him or
 5140  her ineligible for reinstatement, the department shall cancel
 5141  the temporary driver driver’s permit and shall issue a
 5142  revocation or suspension order for the minimum period
 5143  applicable. A temporary permit issued pursuant to this section
 5144  shall be valid for 45 days or until canceled as provided in this
 5145  paragraph.
 5146         (d) The period of time for which a temporary permit issued
 5147  in accordance with paragraph (a) is valid shall be deemed to be
 5148  part of the period of revocation imposed by the court.
 5149         Section 70. Section 324.023, Florida Statutes, is amended
 5150  to read:
 5151         324.023 Financial responsibility for bodily injury or
 5152  death.—In addition to any other financial responsibility
 5153  required by law, every owner or operator of a motor vehicle that
 5154  is required to be registered in this state, or that is located
 5155  within this state, and who, regardless of adjudication of guilt,
 5156  has been found guilty of or entered a plea of guilty or nolo
 5157  contendere to a charge of driving under the influence under s.
 5158  316.193 after October 1, 2007, shall, by one of the methods
 5159  established in s. 324.031(1) or, (2), or (3), establish and
 5160  maintain the ability to respond in damages for liability on
 5161  account of accidents arising out of the use of a motor vehicle
 5162  in the amount of $100,000 because of bodily injury to, or death
 5163  of, one person in any one crash and, subject to such limits for
 5164  one person, in the amount of $300,000 because of bodily injury
 5165  to, or death of, two or more persons in any one crash and in the
 5166  amount of $50,000 because of property damage in any one crash.
 5167  If the owner or operator chooses to establish and maintain such
 5168  ability by posting a bond or furnishing a certificate of deposit
 5169  pursuant to s. 324.031(2) or (3), such bond or certificate of
 5170  deposit must be at least in an amount not less than $350,000.
 5171  Such higher limits must be carried for a minimum period of 3
 5172  years. If the owner or operator has not been convicted of
 5173  driving under the influence or a felony traffic offense for a
 5174  period of 3 years from the date of reinstatement of driving
 5175  privileges for a violation of s. 316.193, the owner or operator
 5176  shall be exempt from this section.
 5177         Section 71. Paragraph (c) of subsection (1) of section
 5178  324.171, Florida Statutes, is amended to read:
 5179         324.171 Self-insurer.—
 5180         (1) Any person may qualify as a self-insurer by obtaining a
 5181  certificate of self-insurance from the department which may, in
 5182  its discretion and upon application of such a person, issue said
 5183  certificate of self-insurance when such person has satisfied the
 5184  requirements of this section to qualify as a self-insurer under
 5185  this section:
 5186         (c) The owner of a commercial motor vehicle, as defined in
 5187  s. 207.002 207.002(2) or s. 320.01, may qualify as a self
 5188  insurer subject to the standards provided for in subparagraph
 5189  (b)2.
 5190         Section 72. Section 324.191, Florida Statutes, is amended
 5191  to read:
 5192         324.191 Consent to cancellation; direction to return money
 5193  or securities.—The department shall consent to the cancellation
 5194  of any bond or certificate of insurance furnished as proof of
 5195  financial responsibility pursuant to s. 324.031, or the
 5196  department shall return to the person entitled thereto cash or
 5197  securities deposited as proof of financial responsibility
 5198  pursuant to s. 324.031:
 5199         (1) Upon substitution and acceptance of other adequate
 5200  proof of financial responsibility pursuant to this chapter, or
 5201         (2) In the event of the death of the person on whose behalf
 5202  the proof was filed, or the permanent incapacity of such person
 5203  to operate a motor vehicle, or
 5204         (3) In the event the person who has given proof of
 5205  financial responsibility surrenders his or her license and all
 5206  registrations to the department; providing, however, that no
 5207  notice of court action has been filed with the department, a
 5208  judgment in which would result in claim on such proof of
 5209  financial responsibility.
 5210  
 5211  This section shall not apply to security as specified in s.
 5212  324.061 deposited pursuant to s. 324.051(2)(a)4.
 5213         Section 73. Subsection (3) of section 627.733, Florida
 5214  Statutes, is amended to read:
 5215         627.733 Required security.—
 5216         (3) Such security shall be provided:
 5217         (a) By an insurance policy delivered or issued for delivery
 5218  in this state by an authorized or eligible motor vehicle
 5219  liability insurer which provides the benefits and exemptions
 5220  contained in ss. 627.730-627.7405. Any policy of insurance
 5221  represented or sold as providing the security required hereunder
 5222  shall be deemed to provide insurance for the payment of the
 5223  required benefits; or
 5224         (b) By any other method authorized by s. 324.031(2) or,
 5225  (3), or (4) and approved by the Department of Highway Safety and
 5226  Motor Vehicles as affording security equivalent to that afforded
 5227  by a policy of insurance or by self-insuring as authorized by s.
 5228  768.28(16). The person filing such security shall have all of
 5229  the obligations and rights of an insurer under ss. 627.730
 5230  627.7405.
 5231         Section 74. Section 627.7415, Florida Statutes, is amended
 5232  to read:
 5233         627.7415 Commercial motor vehicles; additional liability
 5234  insurance coverage.—Commercial motor vehicles, as defined in s.
 5235  207.002 207.002(2) or s. 320.01, operated upon the roads and
 5236  highways of this state shall be insured with the following
 5237  minimum levels of combined bodily liability insurance and
 5238  property damage liability insurance in addition to any other
 5239  insurance requirements:
 5240         (1) Fifty thousand dollars per occurrence for a commercial
 5241  motor vehicle with a gross vehicle weight of 26,000 pounds or
 5242  more, but less than 35,000 pounds.
 5243         (2) One hundred thousand dollars per occurrence for a
 5244  commercial motor vehicle with a gross vehicle weight of 35,000
 5245  pounds or more, but less than 44,000 pounds.
 5246         (3) Three hundred thousand dollars per occurrence for a
 5247  commercial motor vehicle with a gross vehicle weight of 44,000
 5248  pounds or more.
 5249         (4) All commercial motor vehicles subject to regulations of
 5250  the United States Department of Transportation, Title 49 C.F.R.
 5251  part 387, subpart A, and as may be hereinafter amended, shall be
 5252  insured in an amount equivalent to the minimum levels of
 5253  financial responsibility as set forth in such regulations.
 5254  
 5255  A violation of this section is a noncriminal traffic infraction,
 5256  punishable as a nonmoving violation as provided in chapter 318.
 5257         Section 75. This act shall take effect July 1, 2013.