Florida Senate - 2012                                    SB 1122
       
       
       
       By Senator Latvala
       
       
       
       
       16-00295D-12                                          20121122__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 20.24, F.S.; renaming
    4         the Office of Motor Carrier Compliance within the
    5         Division of the Florida Highway Patrol as the “Office
    6         of Commercial Vehicle Enforcement”; amending s.
    7         316.003, F.S.; revising the definition of the term
    8         “motor vehicle” to exclude swamp buggies; defining the
    9         term “swamp buggy”; amending s. 316.1303, F.S.;
   10         authorizing a person who is mobility impaired to use a
   11         motorized wheelchair to temporarily leave the sidewalk
   12         and use the roadway under certain circumstances;
   13         authorizing a law enforcement officer to issue only a
   14         verbal warning to such person; amending s. 316.2065,
   15         F.S.; revising safety standard requirements for
   16         bicycle helmets that must be worn by certain riders
   17         and passengers; revising requirements for a bicycle
   18         operator to ride in a bicycle lane or along the curb
   19         or edge of the roadway; providing for enforcement of
   20         requirements for bicycle lighting equipment; providing
   21         penalties for violations; providing for dismissal of
   22         the charge following a first offense under certain
   23         circumstances; amending s. 316.2085, F.S.; requiring
   24         that the license tag of a motorcycle or moped remain
   25         clearly visible from the rear at all times;
   26         prohibiting deliberate acts to conceal or obscure the
   27         license tag; providing that certain license tags may
   28         be affixed perpendicularly to the ground; creating s.
   29         316.2129, F.S.; prohibiting the operation of swamp
   30         buggies on a public road, highway, or street;
   31         providing exceptions; prohibiting the operation of
   32         swamp buggies on land managed, owned, or leased by a
   33         state or federal agency; providing exceptions;
   34         amending s. 316.2397, F.S.; providing an exception to
   35         the prohibition against flashing vehicle lights for
   36         motorists who intermittently flash their vehicle’s
   37         headlamps at an oncoming vehicle, regardless of their
   38         intent in doing so; amending s. 316.3026, F.S.;
   39         revising provisions to rename the Office of Motor
   40         Carrier Compliance within the Division of the Florida
   41         Highway Patrol as the Office of Commercial Vehicle
   42         Enforcement to conform to changes made by the act;
   43         amending s. 316.6135, F.S.; revising the criteria
   44         under which a child may not be left unattended in a
   45         vehicle; amending s. 316.614, F.S.; deleting
   46         provisions that require that a law enforcement officer
   47         record the race and ethnicity of a person who is given
   48         a citation for not wearing his or her safety belt;
   49         deleting provisions that require that the Department
   50         of Highway Safety and Motor Vehicles collect such
   51         information and provide reports; amending s. 318.14,
   52         F.S.; authorizing a person who does not hold a
   53         commercial driver license and who is cited for a
   54         noncriminal traffic infraction while driving a
   55         noncommercial motor vehicle to elect to attend a basic
   56         driver improvement course in lieu of a court
   57         appearance; authorizing a person who does not hold a
   58         commercial driver license and who is cited for certain
   59         offenses while driving a noncommercial motor vehicle
   60         to elect to enter a plea of nolo contendere and to
   61         provide proof of compliance in lieu of payment of fine
   62         or court appearance; amending s. 318.15, F.S.;
   63         providing that a person charged with a traffic
   64         infraction may request a hearing within a specified
   65         period after the date upon which the violation
   66         occurred; requiring that the clerk set the case for
   67         hearing; providing exceptions to the time period for
   68         requesting a hearing; authorizing the court to grant a
   69         request for a hearing made more than 180 days after
   70         the date upon which the violation occurred; amending
   71         ss. 318.18 and 318.21, F.S.; conforming cross
   72         references; amending s. 319.14, F.S.; prohibiting the
   73         sale or exchange of custom vehicles or street rod
   74         vehicles under certain conditions; providing
   75         definitions; amending s. 319.23, F.S.; requiring that
   76         the application for a certificate of title, corrected
   77         certificate, or assignment or reassignment be filed
   78         after the consummation of the sale of a mobile home;
   79         authorizing the department to accept a bond if the
   80         applicant for a certificate of title is unable to
   81         provide a title that assigns the prior owner’s
   82         interest in the motor vehicle; providing requirements
   83         for the bond and the affidavit; providing for future
   84         expiration of the bond; amending s. 319.24, F.S.;
   85         requiring that the department electronically transmit
   86         a lien to the first lienholder and notify the first
   87         lienholder of any additional liens if there are one or
   88         more lien encumbrances on a motor vehicle or mobile
   89         home; requiring that subsequent lien satisfactions be
   90         transmitted electronically to the department; amending
   91         s. 319.27, F.S.; requiring that the department
   92         establish and administer an electronic titling
   93         program; requiring the electronic recording of vehicle
   94         title information for new, transferred, and corrected
   95         certificates of title; requiring that lienholders
   96         electronically transmit liens and lien satisfactions
   97         to the department; providing exceptions; amending s.
   98         319.28, F.S.; providing that a dealer of certain farm
   99         or industrial equipment is not subject to licensure as
  100         a recovery agent or agency under certain conditions;
  101         amending s. 319.40, F.S.; authorizing the department
  102         to issue an electronic certificate of title in lieu of
  103         printing a paper title and to collect electronic mail
  104         addresses and use electronic mail as a notification
  105         method in lieu of the United States Postal Service;
  106         providing an exception; amending s. 320.01, F.S.;
  107         revising the definition of the term “motor vehicle” to
  108         include special mobile equipment and swamp buggies;
  109         defining the term “swamp buggy”; amending s. 320.02,
  110         F.S.; providing that an active duty member of the
  111         Armed Forces of the United States is exempt from the
  112         requirement to provide an address on an application
  113         for vehicle registration; revising provisions relating
  114         to the registration of a motor carrier who operates a
  115         commercial motor vehicle and the notice of the
  116         suspension of such registration; requiring that the
  117         insurer’s notice contain information required by the
  118         department and provided in a format compatible with
  119         the data processing capabilities of the department;
  120         authorizing the department to adopt rules; providing
  121         that an insurer who fails to file the proper
  122         documentation with the department violates the Florida
  123         Insurance Code; providing that the department use the
  124         documentation only for enforcement and regulatory
  125         purposes; requiring that the department retain all
  126         electronic registration records for a specified
  127         period; amending s. 320.023, F.S.; requiring that the
  128         department develop a bid process for legislatively
  129         authorized voluntary contribution organizations to be
  130         listed on the renewal notices for vehicle
  131         registrations, vessel registrations, and driver
  132         licenses; providing certain requirements for the
  133         bidding process; requiring that the funds collected by
  134         the department through the bidding process be
  135         deposited into the Highway Safety Operating Trust Fund
  136         to offset costs associated with administering the
  137         voluntary contribution program; requiring that the
  138         department refund the fees collected from voluntary
  139         contribution organizations that are not selected to be
  140         listed on the renewal notices; amending s. 320.03,
  141         F.S.; conforming a cross-reference; amending s.
  142         320.06, F.S.; deleting a requirement that registration
  143         license plates be made of metal and conforming
  144         terminology; amending s. 320.0605, F.S.; revising
  145         provisions relating to a requirement that rental or
  146         lease documentation be in the possession of an
  147         operator of a motor vehicle; providing specified
  148         information sufficient to satisfy this requirement;
  149         amending s. 320.061, F.S.; prohibiting a person from
  150         altering the original appearance of a temporary
  151         license plate; amending s. 320.07, F.S.; revising
  152         provisions relating to the expiration of a
  153         registration of a motor vehicle or mobile home;
  154         providing that the registration for a motor vehicle or
  155         mobile home whose owner is a natural person expires at
  156         midnight on the owner’s birthday; amending s.
  157         320.08068, F.S.; revising provisions relating to the
  158         use of funds received from the sale of motorcycle
  159         specialty license plates; deleting a provision that
  160         requires that 20 percent of the annual fee collected
  161         for such plates be used to leverage additional funding
  162         and new sources of revenue for the centers for
  163         independent living; amending s. 320.0848, F.S.;
  164         revising the requirements for the deposit of fee
  165         proceeds from temporary disabled parking permits;
  166         requiring that certain proceeds be deposited into the
  167         Florida Endowment Foundation for Vocational
  168         Rehabilitation, instead of the Florida Governor’s
  169         Alliance for the Employment of Disabled Citizens;
  170         amending s. 320.089, F.S.; providing for the issuance
  171         of a Combat Infantry Badge license plate; providing
  172         qualifications and requirements for the plate;
  173         providing for the use of proceeds from the sale of the
  174         plate; amending s. 320.15, F.S.; providing that an
  175         owner of a motor vehicle or mobile home may apply for
  176         a refund of certain license taxes if the owner renews
  177         a registration during the advanced renewal period and
  178         surrenders the motor vehicle or mobile home license
  179         plate before the end of the renewal period; amending
  180         s. 320.27, F.S.; providing an exemption for salvage
  181         motor vehicle dealers from certain application and
  182         security requirements; amending s. 320.771, F.S.;
  183         revising the definition of the term “dealer”; amending
  184         s. 320.95, F.S.; authorizing the department to collect
  185         electronic mail addresses and use electronic mail for
  186         the purpose of providing renewal notices in lieu of
  187         the United States Postal Service; amending s. 322.04,
  188         F.S.; revising provisions exempting a nonresident from
  189         the requirement to obtain a driver license under
  190         certain circumstances; amending s. 322.051, F.S.;
  191         revising requirements by which an applicant for an
  192         identification card may prove nonimmigrant
  193         classification; clarifying the validity of an
  194         identification card based on specified documents;
  195         authorizing the department to require additional
  196         documentation to establish the maintenance of, or
  197         efforts to maintain, continuous lawful presence;
  198         providing for the department to waive the fees for
  199         issuing or renewing an identification card to persons
  200         who present good cause for such waiver; amending s.
  201         322.058, F.S.; conforming a cross-reference; amending
  202         s. 322.065, F.S.; revising provisions relating to a
  203         person whose driver license has expired for 6 months
  204         or less and who drives a motor vehicle; amending s.
  205         322.07, F.S.; revising provisions relating to
  206         temporary commercial instruction permits; amending s.
  207         322.08, F.S.; revising provisions relating to an
  208         application for a driver license or temporary permit;
  209         requiring that applicants prove nonimmigrant
  210         classification by providing certain documentation;
  211         authorizing the department to require additional
  212         documentation to establish the maintenance of, or
  213         efforts to maintain, continuous lawful presence;
  214         authorizing the department to collect electronic mail
  215         addresses and use electronic mail for the purpose of
  216         providing renewal notices in lieu of the United States
  217         Postal Service; amending s. 322.081, F.S.; requiring
  218         that the department develop a bid process for
  219         legislatively authorized voluntary contribution
  220         organizations to be listed on the renewal notices for
  221         vehicle registrations, vessel registrations, and
  222         driver licenses; providing certain requirements for
  223         the bidding process; requiring that the funds
  224         collected by the department through the bidding
  225         process be deposited into the Highway Safety Operating
  226         Trust Fund to offset costs associated with
  227         administering the voluntary contribution program;
  228         requiring that the department refund the fees
  229         collected from voluntary contribution organizations
  230         that are not selected to be listed on the renewal
  231         notices; amending s. 322.121, F.S.; revising
  232         provisions authorizing the automatic extension of a
  233         license for members of the Armed Forces of the United
  234         States or their dependents while serving on active
  235         duty outside the state; amending s. 322.14, F.S.;
  236         deleting a requirement that a qualified driver license
  237         applicant appear in person for issuance of a color
  238         photographic or digital imaged driver license;
  239         creating s. 322.1415, F.S.; authorizing the department
  240         to issue a specialty driver license or identification
  241         card to qualified applicants; specifying that, at a
  242         minimum, the specialty driver licenses and
  243         identification cards must be available for certain
  244         state and independent universities and professional
  245         sports teams and all of the branches of the Armed
  246         Forces of the United States; requiring that the
  247         department approve the design of each specialty driver
  248         license and identification card; providing for future
  249         repeal; creating s. 322.145, F.S.; requiring that the
  250         department implement a system providing for the
  251         electronic authentication of driver licenses;
  252         providing criteria for a security token for electronic
  253         authenticity; requiring that the department enter into
  254         a contract for implementation of the electronic
  255         authentication; providing contract requirements;
  256         amending s. 322.18, F.S.; providing that a person who
  257         has been issued a driver license using certain
  258         documentation as proof of identity is not eligible to
  259         renew the driver license; requiring that such person
  260         obtain an original license; amending s. 322.19, F.S.;
  261         providing that certain persons who have a valid
  262         student identification card are presumed not to have
  263         changed their legal residence or mailing address;
  264         amending s. 322.21, F.S.; revising provisions relating
  265         to license fees; prohibiting the fee for an original
  266         or renewal of an enhanced driver license or
  267         identification card from exceeding a specified amount;
  268         requiring that the funds collected from such fee be
  269         deposited into the Highway Safety Operating Trust
  270         Fund; providing that the issuance of an enhanced
  271         driver license or identification card is optional for
  272         certain qualified residents; providing for the
  273         distribution of funds collected from the specialty
  274         driver license and identification card fees; amending
  275         s. 322.251, F.S.; providing that certain notices of
  276         cancellation, suspension, revocation, or
  277         disqualification of a driver license are complete
  278         within a specified period after deposit in the mail;
  279         amending s. 322.27, F.S.; revising the department’s
  280         authority to suspend or revoke licenses or
  281         identification cards under certain circumstances;
  282         amending s. 322.53, F.S.; revising an exemption from
  283         the requirement to obtain a commercial driver license
  284         for farmers transporting agricultural products, farm
  285         supplies, or farm machinery under certain
  286         circumstances; providing that such exemption applies
  287         if the vehicle is not used in the operations of a
  288         common or contract motor carrier; amending s. 322.54,
  289         F.S.; requiring that the driver license classification
  290         of any person operating a commercial motor vehicle
  291         that does not have a gross vehicle weight rating plate
  292         be determined by the actual weight of the vehicle;
  293         repealing s. 322.58, F.S., relating to holders of
  294         chauffeur licenses and the classified licensure of
  295         commercial motor vehicle drivers; amending s. 322.59,
  296         F.S.; revising provisions relating to the possession
  297         of a medical examiner’s certificate; requiring that
  298         the department disqualify a driver from operating a
  299         commercial motor vehicle if the driver holds a
  300         commercial driver license and fails to comply with the
  301         medical certification requirements; authorizing the
  302         department to issue, under certain circumstances, a
  303         Class E driver license to a person who is disqualified
  304         from operating a commercial motor vehicle; amending s.
  305         322.61, F.S.; revising provisions relating to the
  306         disqualification from operating a commercial motor
  307         vehicle; providing that any holder of a commercial
  308         driver license who is convicted of two violations
  309         committed while operating any motor vehicle is
  310         permanently disqualified from operating a commercial
  311         motor vehicle; amending s. 324.072, F.S.; prohibiting
  312         the department from suspending a registration of a
  313         motor vehicle if the person to whom the motor vehicle
  314         is registered had certain limits on the date of the
  315         offense that caused the suspension or revocation;
  316         amending s. 324.091, F.S.; revising the period within
  317         which an owner or operator involved in a crash must
  318         furnish evidence of automobile liability insurance,
  319         motor vehicle liability insurance, or surety bond;
  320         amending s. 328.15, F.S.; requiring that the
  321         department establish and administer an electronic
  322         titling program that requires the recording of vehicle
  323         title information for new, transferred, and corrected
  324         certificates of title; requiring that lienholders
  325         electronically transmit liens and lien satisfactions
  326         to the department; providing exceptions; amending s.
  327         328.16, F.S.; requiring that the department
  328         electronically transmit a lien to the first lienholder
  329         and notify such lienholder of any additional liens;
  330         requiring that subsequent lien satisfactions be
  331         electronically transmitted to the department; amending
  332         s. 328.30, F.S.; authorizing the department to issue
  333         an electronic certificate of title in lieu of printing
  334         a paper title; authorizing the department to collect
  335         electronic mail addresses and use electronic mail for
  336         the purpose of providing renewal notices in lieu of
  337         the United States Postal Service; amending s. 713.78,
  338         F.S.; conforming a cross-reference; providing
  339         effective dates.
  340  
  341  Be It Enacted by the Legislature of the State of Florida:
  342  
  343         Section 1. Subsection (3) of section 20.24, Florida
  344  Statutes, is amended to read:
  345         20.24 Department of Highway Safety and Motor Vehicles.
  346  There is created a Department of Highway Safety and Motor
  347  Vehicles.
  348         (3) The Office of Commercial Vehicle Enforcement Motor
  349  Carrier Compliance is established within the Division of the
  350  Florida Highway Patrol.
  351         Section 2. Subsection (21) of section 316.003, Florida
  352  Statutes, is amended, and subsection (89) is added to that
  353  section, to read:
  354         316.003 Definitions.—The following words and phrases, when
  355  used in this chapter, shall have the meanings respectively
  356  ascribed to them in this section, except where the context
  357  otherwise requires:
  358         (21) MOTOR VEHICLE.—A Any self-propelled vehicle not
  359  operated upon rails or guideway, but not including any bicycle,
  360  motorized scooter, electric personal assistive mobility device,
  361  swamp buggy, or moped.
  362         (89) SWAMP BUGGY.—A motorized off-road vehicle that is
  363  designed or modified to travel over swampy or varied terrain and
  364  that may use large tires or tracks operated from an elevated
  365  platform. The term does not include any vehicle defined in
  366  chapter 261 or otherwise defined or classified in this chapter.
  367         Section 3. Section 316.1303, Florida Statutes, is amended
  368  to read:
  369         316.1303 Traffic regulations to assist mobility-impaired
  370  persons.—
  371         (1) Whenever a pedestrian who is mobility impaired is in
  372  the process of crossing a public street or highway with the
  373  assistance of and the pedestrian is mobility-impaired (using a
  374  guide dog or service animal designated as such with a visible
  375  means of identification, a walker, a crutch, an orthopedic cane,
  376  or a wheelchair), the driver of a every vehicle approaching the
  377  intersection, as defined in s. 316.003(17), shall bring his or
  378  her vehicle to a full stop before arriving at the such
  379  intersection and, before proceeding, shall take such precautions
  380  as may be necessary to avoid injuring the such pedestrian.
  381         (2) A person who is mobility impaired and who is using a
  382  motorized wheelchair on a sidewalk may temporarily leave the
  383  sidewalk and use the roadway to avoid a potential conflict, if
  384  no alternative route exists. A law enforcement officer may issue
  385  only a verbal warning to such person.
  386         (3) A person who is convicted of a violation of subsection
  387  (1) this section shall be punished as provided in s. 318.18(3).
  388         Section 4. Paragraph (d) of subsection (3) and subsections
  389  (5) and (8) of section 316.2065, Florida Statutes, are amended
  390  to read:
  391         316.2065 Bicycle regulations.—
  392         (3)
  393         (d) A bicycle rider or passenger who is under 16 years of
  394  age must wear a bicycle helmet that is properly fitted and is
  395  fastened securely upon the passenger’s head by a strap, and that
  396  meets the federal safety standard for bicycle helmets, final
  397  rule, 16 C.F.R. part 1203. A helmet purchased before October 1,
  398  2012, which meets the standards of the American National
  399  Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
  400  standards of the Snell Memorial Foundation (1984 Standard for
  401  Protective Headgear for Use in Bicycling), or any other
  402  nationally recognized standards for bicycle helmets adopted by
  403  the department may continue to be worn by a bicycle rider or
  404  passenger until January 1, 2016. As used in this subsection, the
  405  term “passenger” includes a child who is riding in a trailer or
  406  semitrailer attached to a bicycle.
  407         (5)(a) Any person operating a bicycle upon a roadway at
  408  less than the normal speed of traffic at the time and place and
  409  under the conditions then existing shall ride in the lane marked
  410  for bicycle use or, if no lane is marked for bicycle use, as
  411  close as practicable to the right-hand curb or edge of the
  412  roadway except under any of the following situations:
  413         1. When overtaking and passing another bicycle or vehicle
  414  proceeding in the same direction.
  415         2. When preparing for a left turn at an intersection or
  416  into a private road or driveway.
  417         3. When reasonably necessary to avoid any condition or
  418  potential conflict, including, but not limited to, a fixed or
  419  moving object, parked or moving vehicle, bicycle, pedestrian,
  420  animal, surface hazard, turn lane, or substandard-width lane,
  421  which that makes it unsafe to continue along the right-hand curb
  422  or edge or within a bicycle lane. For the purposes of this
  423  subsection, a “substandard-width lane” is a lane that is too
  424  narrow for a bicycle and another vehicle to travel safely side
  425  by side within the lane.
  426         (b) Any person operating a bicycle upon a one-way highway
  427  with two or more marked traffic lanes may ride as near the left
  428  hand curb or edge of such roadway as practicable.
  429         (8) Every bicycle in use between sunset and sunrise shall
  430  be equipped with a lamp on the front exhibiting a white light
  431  visible from a distance of at least 500 feet to the front and a
  432  lamp and reflector on the rear each exhibiting a red light
  433  visible from a distance of 600 feet to the rear. A bicycle or
  434  its rider may be equipped with lights or reflectors in addition
  435  to those required by this section. A law enforcement officer may
  436  issue a bicycle safety brochure and a verbal warning to a
  437  bicycle rider who violates this subsection or may issue a
  438  citation and assess a fine for a pedestrian violation, as
  439  provided in s. 318.18. The court shall dismiss the charge
  440  against a bicycle rider for a first violation of this subsection
  441  upon proof of purchase and installation of the proper lighting
  442  equipment.
  443         Section 5. Subsection (3) of section 316.2085, Florida
  444  Statutes, is amended to read:
  445         316.2085 Riding on motorcycles or mopeds.—
  446         (3) The license tag of a motorcycle or moped must be
  447  permanently affixed to the vehicle and remain clearly visible
  448  from the rear at all times may not be adjusted or capable of
  449  being flipped up. Any deliberate act to conceal or obscure No
  450  device for or method of concealing or obscuring the legibility
  451  of the license tag of a motorcycle is prohibited shall be
  452  installed or used. The license tag of a motorcycle or moped may
  453  be affixed horizontally to the ground so that the numbers and
  454  letters read from left to right. Alternatively, a Florida
  455  license tag for a motorcycle or moped for which the numbers and
  456  letters read from top to bottom may be affixed perpendicularly
  457  to the ground, provided that the registered owner of the
  458  motorcycle or moped maintains a prepaid toll account in good
  459  standing and a transponder associated with the prepaid toll
  460  account is affixed to the motorcycle or moped. A license tag for
  461  a motorcycle or moped issued by another jurisdiction for which
  462  the numbers and letters read from top to bottom may be affixed
  463  perpendicularly to the ground.
  464         Section 6. Section 316.2129, Florida Statutes, is created
  465  to read:
  466         316.2129Operation of swamp buggies on public roads,
  467  streets, or highways prohibited; exceptions.—
  468         (1) The operation of a swamp buggy on a public road,
  469  street, or highway is prohibited unless a local governmental
  470  entity has designated the public road, street, or highway for
  471  use by swamp buggies based on factors, including, but not
  472  limited to, the speed, volume, and character of the motor
  473  vehicle traffic currently using the public road, street, or
  474  highway. Upon determining that swamp buggies may be safely
  475  operated on a public road, street, or highway, the local
  476  governmental entity shall post appropriate signs or otherwise
  477  inform the public that the operation of swamp buggies is
  478  allowed.
  479         (2) The operation of a swamp buggy on land managed, owned,
  480  or leased by a state or federal agency is prohibited unless the
  481  state or federal agency authorizes the operation of swamp
  482  buggies on such land, including any public road, street, or
  483  highway running through or located within the state or federal
  484  land. Upon determining that swamp buggies may be safely operated
  485  on a public road, street, or highway running through or located
  486  within such land, the state or federal agency shall post
  487  appropriate signs or otherwise inform the public that the
  488  operation of swamp buggies is allowed.
  489         Section 7. Subsection (1) of section 316.3026, Florida
  490  Statutes, is amended to read:
  491         316.3026 Unlawful operation of motor carriers.—
  492         (1) The Office of Commercial Vehicle Enforcement Motor
  493  Carrier Compliance may issue out-of-service orders to motor
  494  carriers, as defined in s. 320.01(33), who, after proper notice,
  495  have failed to pay any penalty or fine assessed by the
  496  department, or its agent, against any owner or motor carrier for
  497  violations of state law, refused to submit to a compliance
  498  review and provide records pursuant to s. 316.302(5) or s.
  499  316.70, or violated safety regulations pursuant to s. 316.302 or
  500  insurance requirements in s. 627.7415. Such out-of-service
  501  orders have the effect of prohibiting the operations of any
  502  motor vehicles owned, leased, or otherwise operated by the motor
  503  carrier upon the roadways of this state, until the violations
  504  have been corrected or penalties have been paid. Out-of-service
  505  orders must be approved by the director of the Division of the
  506  Florida Highway Patrol or his or her designee. An administrative
  507  hearing pursuant to s. 120.569 shall be afforded to motor
  508  carriers subject to such orders.
  509         Section 8. Subsection (7) of section 316.2397, Florida
  510  Statutes, is amended to read:
  511         316.2397 Certain lights prohibited; exceptions.—
  512         (7) Flashing lights are prohibited on vehicles except:
  513         (a) As a means of indicating a right or left turn, to
  514  change lanes, or to indicate that the vehicle is lawfully
  515  stopped or disabled upon the highway;
  516         (b) When a motorist intermittently flashes his or her
  517  vehicle’s headlamps at an oncoming vehicle notwithstanding the
  518  motorist’s intent for doing so; and or except that
  519         (c) For the lamps authorized in subsections (1), (2), (3),
  520  (4), and (9) and s. 316.235(5), which are permitted to flash.
  521         Section 9. Subsection (1) of section 316.6135, Florida
  522  Statutes, is amended to read:
  523         316.6135 Leaving children unattended or unsupervised in
  524  motor vehicles; penalty; authority of law enforcement officer.—
  525         (1) A parent, legal guardian, or other person responsible
  526  for a child younger than 6 years of age may not leave the such
  527  child unattended or unsupervised in a motor vehicle:
  528         (a) For a period in excess of 15 minutes;
  529         (b) For any period of time if the motor of the vehicle is
  530  running, or the health of the child is in danger, or the child
  531  appears to be in distress.
  532         Section 10. Subsection (9) of section 316.614, Florida
  533  Statutes, is amended to read:
  534         316.614 Safety belt usage.—
  535         (9) By January 1, 2006, Each law enforcement agency in this
  536  state shall adopt departmental policies to prohibit the practice
  537  of racial profiling. When a law enforcement officer issues a
  538  citation for a violation of this section, the law enforcement
  539  officer must record the race and ethnicity of the violator. All
  540  law enforcement agencies must maintain such information and
  541  forward the information to the department in a form and manner
  542  determined by the department. The department shall collect this
  543  information by jurisdiction and annually report the data to the
  544  Governor, the President of the Senate, and the Speaker of the
  545  House of Representatives. The report must show separate
  546  statewide totals for the state’s county sheriffs and municipal
  547  law enforcement agencies, state law enforcement agencies, and
  548  state university law enforcement agencies.
  549         Section 11. Subsections (9) and (10) of section 318.14,
  550  Florida Statutes, are amended to read:
  551         318.14 Noncriminal traffic infractions; exception;
  552  procedures.—
  553         (9) Any person who does not hold a commercial driver
  554  driver’s license and who is cited while driving a noncommercial
  555  motor vehicle for an infraction under this section other than a
  556  violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
  557  driver exceeds the posted limit by 30 miles per hour or more, s.
  558  320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
  559  322.61, or s. 322.62 may, in lieu of a court appearance, elect
  560  to attend in the location of his or her choice within this state
  561  a basic driver improvement course approved by the Department of
  562  Highway Safety and Motor Vehicles. In such a case, adjudication
  563  must be withheld and points, as provided by s. 322.27, may not
  564  be assessed. However, a person may not make an election under
  565  this subsection if the person has made an election under this
  566  subsection in the preceding 12 months. A person may not make no
  567  more than five elections within his or her lifetime under this
  568  subsection. The requirement for community service under s.
  569  318.18(8) is not waived by a plea of nolo contendere or by the
  570  withholding of adjudication of guilt by a court. If a person
  571  makes an election to attend a basic driver improvement course
  572  under this subsection, 18 percent of the civil penalty imposed
  573  under s. 318.18(3) shall be deposited in the State Courts
  574  Revenue Trust Fund; however, that portion is not revenue for
  575  purposes of s. 28.36 and may not be used in establishing the
  576  budget of the clerk of the court under that section or s. 28.35.
  577         (10)(a) Any person who does not hold a commercial driver
  578  driver’s license and who is cited while driving a noncommercial
  579  motor vehicle for an offense listed under this subsection may,
  580  in lieu of payment of fine or court appearance, elect to enter a
  581  plea of nolo contendere and provide proof of compliance to the
  582  clerk of the court, designated official, or authorized operator
  583  of a traffic violations bureau. In such case, adjudication shall
  584  be withheld; however, a person may not make an no election shall
  585  be made under this subsection if the such person has made an
  586  election under this subsection in the preceding 12 months
  587  preceding election hereunder. A No person may not make more than
  588  three elections under this subsection. This subsection applies
  589  to the following offenses:
  590         1. Operating a motor vehicle without a valid driver
  591  driver’s license in violation of the provisions of s. 322.03, s.
  592  322.065, or s. 322.15(1), or operating a motor vehicle with a
  593  license that has been suspended for failure to appear, failure
  594  to pay civil penalty, or failure to attend a driver improvement
  595  course pursuant to s. 322.291.
  596         2. Operating a motor vehicle without a valid registration
  597  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  598         3. Operating a motor vehicle in violation of s. 316.646.
  599         4. Operating a motor vehicle with a license that has been
  600  suspended under s. 61.13016 or s. 322.245 for failure to pay
  601  child support or for failure to pay any other financial
  602  obligation as provided in s. 322.245; however, this subparagraph
  603  does not apply if the license has been suspended pursuant to s.
  604  322.245(1).
  605         5. Operating a motor vehicle with a license that has been
  606  suspended under s. 322.091 for failure to meet school attendance
  607  requirements.
  608         (b) Any person cited for an offense listed in this
  609  subsection shall present proof of compliance before prior to the
  610  scheduled court appearance date. For the purposes of this
  611  subsection, proof of compliance shall consist of a valid,
  612  renewed, or reinstated driver driver’s license or registration
  613  certificate and proper proof of maintenance of security as
  614  required by s. 316.646. Notwithstanding waiver of fine, any
  615  person establishing proof of compliance shall be assessed court
  616  costs of $25, except that a person charged with violation of s.
  617  316.646(1)-(3) may be assessed court costs of $8. One dollar of
  618  such costs shall be remitted to the Department of Revenue for
  619  deposit into the Child Welfare Training Trust Fund of the
  620  Department of Children and Family Services. One dollar of such
  621  costs shall be distributed to the Department of Juvenile Justice
  622  for deposit into the Juvenile Justice Training Trust Fund.
  623  Fourteen dollars of such costs shall be distributed to the
  624  municipality and $9 shall be deposited by the clerk of the court
  625  into the fine and forfeiture fund established pursuant to s.
  626  142.01, if the offense was committed within the municipality. If
  627  the offense was committed in an unincorporated area of a county
  628  or if the citation was for a violation of s. 316.646(1)-(3), the
  629  entire amount shall be deposited by the clerk of the court into
  630  the fine and forfeiture fund established pursuant to s. 142.01,
  631  except for the moneys to be deposited into the Child Welfare
  632  Training Trust Fund and the Juvenile Justice Training Trust
  633  Fund. This subsection does shall not be construed to authorize
  634  the operation of a vehicle without a valid driver driver’s
  635  license, without a valid vehicle tag and registration, or
  636  without the maintenance of required security.
  637         Section 12. Paragraph (c) is added to subsection (1) of
  638  section 318.15, Florida Statutes, to read:
  639         318.15 Failure to comply with civil penalty or to appear;
  640  penalty.—
  641         (1)
  642         (c) A person who is charged with a traffic infraction may
  643  request a hearing within 180 days after the date upon which the
  644  violation occurred, regardless of any action taken by the court
  645  or the department to suspend the person’s driving privilege, and
  646  upon request, the clerk must set the case for hearing. The
  647  person shall be given a form for requesting that his or her
  648  driving privilege be reinstated. If the 180th day after the date
  649  upon which the violation occurred is a Saturday, Sunday, or
  650  legal holiday, the person who is charged must request a hearing
  651  within 177 days after the date upon which the violation
  652  occurred; however, the court may grant a request for a hearing
  653  made more than 180 days after the date upon which the violation
  654  occurred. This paragraph does not affect the assessment of late
  655  fees as otherwise provided in this chapter.
  656         Section 13. Paragraph (f) of subsection (3) of section
  657  318.18, Florida Statutes, is amended to read:
  658         318.18 Amount of penalties.—The penalties required for a
  659  noncriminal disposition pursuant to s. 318.14 or a criminal
  660  offense listed in s. 318.17 are as follows:
  661         (3)
  662         (f) If a violation of s. 316.1301 or s. 316.1303(1) s.
  663  316.1303 results in an injury to the pedestrian or damage to the
  664  property of the pedestrian, an additional fine of up to $250
  665  shall be paid. This amount must be distributed pursuant to s.
  666  318.21.
  667         Section 14. Subsection (5) of section 318.21, Florida
  668  Statutes, is amended to read:
  669         318.21 Disposition of civil penalties by county courts.—All
  670  civil penalties received by a county court pursuant to the
  671  provisions of this chapter shall be distributed and paid monthly
  672  as follows:
  673         (5) Of the additional fine assessed under s. 318.18(3)(f)
  674  for a violation of s. 316.1303(1) s. 316.1303, 60 percent must
  675  be remitted to the Department of Revenue and transmitted monthly
  676  to the Florida Endowment Foundation for Vocational
  677  Rehabilitation, and 40 percent must be distributed pursuant to
  678  subsections (1) and (2).
  679         Section 15. Section 319.14, Florida Statutes, is amended to
  680  read:
  681         319.14 Sale of motor vehicles registered or used as
  682  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
  683  and nonconforming vehicles, custom vehicles, or street rod
  684  vehicles.—
  685         (1)(a) A No person may not shall knowingly offer for sale,
  686  sell, or exchange any vehicle that has been licensed,
  687  registered, or used as a taxicab, police vehicle, or short-term
  688  lease vehicle, or a vehicle that has been repurchased by a
  689  manufacturer pursuant to a settlement, determination, or
  690  decision under chapter 681, until the department has stamped in
  691  a conspicuous place on the certificate of title of the vehicle,
  692  or its duplicate, words stating the nature of the previous use
  693  of the vehicle or the title has been stamped “Manufacturer’s Buy
  694  Back” to reflect that the vehicle is a nonconforming vehicle. If
  695  the certificate of title or duplicate was not so stamped upon
  696  initial issuance thereof or if, subsequent to initial issuance
  697  of the title, the use of the vehicle is changed to a use
  698  requiring the notation provided for in this section, the owner
  699  or lienholder of the vehicle shall surrender the certificate of
  700  title or duplicate to the department prior to offering the
  701  vehicle for sale, and the department shall stamp the certificate
  702  or duplicate as required herein. When a vehicle has been
  703  repurchased by a manufacturer pursuant to a settlement,
  704  determination, or decision under chapter 681, the title shall be
  705  stamped “Manufacturer’s Buy Back” to reflect that the vehicle is
  706  a nonconforming vehicle.
  707         (b) A No person may not shall knowingly offer for sale,
  708  sell, or exchange a rebuilt vehicle until the department has
  709  stamped in a conspicuous place on the certificate of title for
  710  the vehicle words stating that the vehicle has been rebuilt or
  711  assembled from parts, or is a kit car, glider kit, replica, or
  712  flood vehicle, custom vehicle, or street rod vehicle unless
  713  proper application for a certificate of title for a vehicle that
  714  is rebuilt or assembled from parts, or is a kit car, glider kit,
  715  replica, or flood vehicle, custom vehicle, or street rod vehicle
  716  has been made to the department in accordance with this chapter
  717  and the department has conducted the physical examination of the
  718  vehicle to assure the identity of the vehicle and all major
  719  component parts, as defined in s. 319.30(1), which have been
  720  repaired or replaced. Thereafter, the department shall affix a
  721  decal to the vehicle, in the manner prescribed by the
  722  department, showing the vehicle to be rebuilt.
  723         (c) As used in this section, the term:
  724         1. “Police vehicle” means a motor vehicle owned or leased
  725  by the state or a county or municipality and used in law
  726  enforcement.
  727         2.a. “Short-term-lease vehicle” means a motor vehicle
  728  leased without a driver and under a written agreement to one or
  729  more persons from time to time for a period of less than 12
  730  months.
  731         b. “Long-term-lease vehicle” means a motor vehicle leased
  732  without a driver and under a written agreement to one person for
  733  a period of 12 months or longer.
  734         c. “Lease vehicle” includes both short-term-lease vehicles
  735  and long-term-lease vehicles.
  736         3. “Rebuilt vehicle” means a motor vehicle or mobile home
  737  built from salvage or junk, as defined in s. 319.30(1).
  738         4. “Assembled from parts” means a motor vehicle or mobile
  739  home assembled from parts or combined from parts of motor
  740  vehicles or mobile homes, new or used. “Assembled from parts”
  741  does not mean a motor vehicle defined as a “rebuilt vehicle” in
  742  subparagraph 3., which has been declared a total loss pursuant
  743  to s. 319.30.
  744         5. “Kit car” means a motor vehicle assembled with a kit
  745  supplied by a manufacturer to rebuild a wrecked or outdated
  746  motor vehicle with a new body kit.
  747         6. “Glider kit” means a vehicle assembled with a kit
  748  supplied by a manufacturer to rebuild a wrecked or outdated
  749  truck or truck tractor.
  750         7. “Replica” means a complete new motor vehicle
  751  manufactured to look like an old vehicle.
  752         8. “Flood vehicle” means a motor vehicle or mobile home
  753  that has been declared to be a total loss pursuant to s.
  754  319.30(3)(a) resulting from damage caused by water.
  755         9. “Nonconforming vehicle” means a motor vehicle which has
  756  been purchased by a manufacturer pursuant to a settlement,
  757  determination, or decision under chapter 681.
  758         10. “Settlement” means an agreement entered into between a
  759  manufacturer and a consumer that occurs after a dispute is
  760  submitted to a program, or an informal dispute settlement
  761  procedure established by a manufacturer or is approved for
  762  arbitration before the New Motor Vehicle Arbitration Board as
  763  defined in s. 681.102.
  764         11. “Custom vehicle” means a motor vehicle that:
  765         a. Is 25 years of age or older and of a model year after
  766  1948 or was manufactured to resemble a vehicle that is 25 years
  767  of age or older and of a model year after 1948; and
  768         b. Has been altered from the manufacturer’s original design
  769  or has a body constructed from nonoriginal materials.
  770  
  771  The model year and year of manufacture that the body of a custom
  772  vehicle resembles is the model year and year of manufacture
  773  listed on the certificate of title, regardless of when the
  774  vehicle was actually manufactured.
  775         12. “Street rod” means a motor vehicle that:
  776         a. Is of a model year of 1948 or older or was manufactured
  777  after 1948 to resemble a vehicle of a model year of 1948 or
  778  older; and
  779         b. Has been altered from the manufacturer’s original design
  780  or has a body constructed from nonoriginal materials.
  781  
  782  The model year and year of manufacture that the body of a street
  783  rod resembles is the model year and year of manufacture listed
  784  on the certificate of title, regardless of when the vehicle was
  785  actually manufactured.
  786         (2) A No person may not shall knowingly sell, exchange, or
  787  transfer a vehicle referred to in subsection (1) without, before
  788  prior to consummating the sale, exchange, or transfer,
  789  disclosing in writing to the purchaser, customer, or transferee
  790  the fact that the vehicle has previously been titled,
  791  registered, or used as a taxicab, police vehicle, or short-term
  792  lease vehicle, or is a vehicle that is rebuilt or assembled from
  793  parts, or is a kit car, glider kit, replica, or flood vehicle,
  794  or is a nonconforming vehicle, custom vehicle, or street rod
  795  vehicle, as the case may be.
  796         (3) Any person who, with intent to offer for sale or
  797  exchange any vehicle referred to in subsection (1), knowingly or
  798  intentionally advertises, publishes, disseminates, circulates,
  799  or places before the public in any communications medium,
  800  whether directly or indirectly, any offer to sell or exchange
  801  the vehicle shall clearly and precisely state in each such offer
  802  that the vehicle has previously been titled, registered, or used
  803  as a taxicab, police vehicle, or short-term-lease vehicle or
  804  that the vehicle or mobile home is a vehicle that is rebuilt or
  805  assembled from parts, or is a kit car, glider kit, replica, or
  806  flood vehicle, or is a nonconforming vehicle, custom vehicle, or
  807  street rod vehicle, as the case may be. A Any person who
  808  violates this subsection commits a misdemeanor of the second
  809  degree, punishable as provided in s. 775.082 or s. 775.083.
  810         (4) If When a certificate of title, including a foreign
  811  certificate, is branded to reflect a condition or prior use of
  812  the titled vehicle, the brand must be noted on the registration
  813  certificate of the vehicle and such brand shall be carried
  814  forward on all subsequent certificates of title and registration
  815  certificates issued for the life of the vehicle.
  816         (5) A Any person who knowingly sells, exchanges, or offers
  817  to sell or exchange a motor vehicle or mobile home contrary to
  818  the provisions of this section or any officer, agent, or
  819  employee of a person who knowingly authorizes, directs, aids in,
  820  or consents to the sale, exchange, or offer to sell or exchange
  821  a motor vehicle or mobile home contrary to the provisions of
  822  this section commits a misdemeanor of the second degree,
  823  punishable as provided in s. 775.082 or s. 775.083.
  824         (6) A Any person who removes a rebuilt decal from a rebuilt
  825  vehicle with the intent to conceal the rebuilt status of the
  826  vehicle commits a felony of the third degree, punishable as
  827  provided in s. 775.082, s. 775.083, or s. 775.084.
  828         (7) This section applies to a mobile home, travel trailer,
  829  camping trailer, truck camper, or fifth-wheel recreation trailer
  830  only when the such mobile home or vehicle is a rebuilt vehicle
  831  or is assembled from parts.
  832         (8) A No person is not shall be liable or accountable in
  833  any civil action arising out of a violation of this section if
  834  the designation of the previous use or condition of the motor
  835  vehicle is not noted on the certificate of title and
  836  registration certificate of the vehicle which was received by,
  837  or delivered to, such person, unless the such person has
  838  actively concealed the prior use or condition of the vehicle
  839  from the purchaser.
  840         (9) Subsections (1), (2), and (3) do not apply to the
  841  transfer of ownership of a motor vehicle after the motor vehicle
  842  has ceased to be used as a lease vehicle and the ownership has
  843  been transferred to an owner for private use or to the transfer
  844  of ownership of a nonconforming vehicle with 36,000 or more
  845  miles on its odometer, or 34 months whichever is later and the
  846  ownership has been transferred to an owner for private use. Such
  847  owner, as shown on the title certificate, may request the
  848  department to issue a corrected certificate of title that does
  849  not contain the statement of the previous use of the vehicle as
  850  a lease vehicle or condition as a nonconforming vehicle.
  851         Section 16. Subsection (6) of section 319.23, Florida
  852  Statutes, is amended, present subsections (7) through (11) of
  853  that section are redesignated as subsections (8) through (12),
  854  respectively, and a new subsection (7) is added to that section,
  855  to read:
  856         319.23 Application for, and issuance of, certificate of
  857  title.—
  858         (6)(a) In the case of the sale of a motor vehicle or mobile
  859  home by a licensed dealer to a general purchaser, the
  860  certificate of title must be obtained in the name of the
  861  purchaser by the dealer upon application signed by the
  862  purchaser, and in each other case the such certificate must be
  863  obtained by the purchaser. In each case of transfer of a motor
  864  vehicle or mobile home, the application for a certificate of
  865  title, a corrected certificate, or an assignment or reassignment
  866  must be filed within 30 days after the delivery of the motor
  867  vehicle or after consummation of the sale of the mobile home to
  868  the purchaser. An applicant must pay a fee of $20, in addition
  869  to all other fees and penalties required by law, for failing to
  870  file such application within the specified time. In the case of
  871  the sale of a motor vehicle by a licensed motor vehicle dealer
  872  to a general purchaser who resides in another state or country,
  873  the dealer is not required to apply for a certificate of title
  874  for the motor vehicle; however, the dealer must transfer
  875  ownership and reassign the certificate of title or
  876  manufacturer’s certificate of origin to the purchaser, and the
  877  purchaser must sign an affidavit, as approved by the department,
  878  that the purchaser will title and register the motor vehicle in
  879  another state or country.
  880         (b) If a licensed dealer acquires a motor vehicle or mobile
  881  home as a trade-in, the dealer must file with the department,
  882  within 30 days, a notice of sale signed by the seller. The
  883  department shall update its database for that title record to
  884  indicate “sold.” A licensed dealer need not apply for a
  885  certificate of title for any motor vehicle or mobile home in
  886  stock acquired for stock purposes except as provided in s.
  887  319.225.
  888         (7)If an applicant for a certificate of title is unable to
  889  provide the department with a certificate of title that assigns
  890  the prior owner’s interest in the motor vehicle, the department
  891  may accept a bond in the form prescribed by the department,
  892  along with an affidavit in a form prescribed by the department,
  893  which includes verification of the vehicle identification number
  894  and an application for title.
  895         (a) The bond must be:
  896         1. In a form prescribed by the department;
  897         2. Executed by the applicant;
  898         3. Issued by a person authorized to conduct a surety
  899  business in this state;
  900         4. In an amount equal to two times the value of the vehicle
  901  as determined by the department; and
  902         5. Conditioned to indemnify all prior owners and
  903  lienholders and all subsequent purchasers of the vehicle or
  904  persons who acquire a security interest in the vehicle, and
  905  their successors in interest, against any expense, loss, or
  906  damage, including reasonable attorney fees, occurring because of
  907  the issuance of the certificate of title for the vehicle or for
  908  a defect in or undisclosed security interest on the right,
  909  title, or interest of the applicant to the vehicle.
  910         (b) An interested person has a right to recover on the bond
  911  for a breach of the bond’s condition. The aggregate liability of
  912  the surety to all persons may not exceed the amount of the bond.
  913         (c) A bond under this subsection expires on the third
  914  anniversary of the date the bond became effective.
  915         (d) The affidavit must:
  916         1. Be in a form prescribed by the department;
  917         2. Include the facts and circumstances under which the
  918  applicant acquired ownership and possession of the motor
  919  vehicle;
  920         3. Disclose that no security interests, liens, or
  921  encumbrances against the motor vehicle are known to the
  922  applicant against the motor vehicle; and
  923         4. State that the applicant has the right to have a
  924  certificate of title issued.
  925         Section 17. Subsection (8) of section 319.24, Florida
  926  Statutes, is amended to read:
  927         319.24 Issuance in duplicate; delivery; liens and
  928  encumbrances.—
  929         (8) Notwithstanding any requirements in this section or in
  930  s. 319.27 indicating that a lien on a motor vehicle or mobile
  931  home shall be noted on the face of the Florida certificate of
  932  title, if there are one or more liens or encumbrances on the
  933  motor vehicle or mobile home, the department shall may
  934  electronically transmit the lien to the first lienholder and
  935  notify the first lienholder of any additional liens. Subsequent
  936  lien satisfactions shall may be electronically transmitted to
  937  the department and must shall include the name and address of
  938  the person or entity satisfying the lien. When electronic
  939  transmission of liens and lien satisfactions is are used, the
  940  issuance of a certificate of title may be waived until the last
  941  lien is satisfied and a clear certificate of title is issued to
  942  the owner of the vehicle. In subsequent transfer of ownership of
  943  the motor vehicle, it shall be presumed that the motor vehicle
  944  title is subject to a lien as set forth in s. 319.225(6)(a)
  945  until the title to be issued pursuant to this subsection is
  946  received by the person or entity satisfying the lien.
  947         Section 18. Subsection (7) is added to section 319.27,
  948  Florida Statutes, to read:
  949         319.27 Notice of lien on motor vehicles or mobile homes;
  950  notation on certificate; recording of lien.—
  951         (7) The department shall establish and administer an
  952  electronic titling program that requires the electronic
  953  recording of vehicle title information for new, transferred, and
  954  corrected certificates of title. Lienholders shall
  955  electronically transmit liens and lien satisfactions to the
  956  department in a format determined by the department. Individuals
  957  and lienholders who the department determines are not normally
  958  engaged in the business or practice of financing vehicles are
  959  exempt from the electronic titling requirement.
  960         Section 19. Subsection (3) is added to section 319.28,
  961  Florida Statutes, to read:
  962         319.28 Transfer of ownership by operation of law.—
  963         (3) A dealer of farm or industrial equipment who conducts a
  964  repossession, as defined in s. 493.6101(22), of such equipment
  965  is not subject to licensure as a recovery agent or recovery
  966  agency if the dealer is regularly engaged in the sale of the
  967  equipment for a particular manufacturer and the lender is
  968  affiliated with that manufacturer.
  969         Section 20. Section 319.40, Florida Statutes, is amended to
  970  read:
  971         319.40 Transactions by electronic or telephonic means.—
  972         (1) The department may is authorized to accept an any
  973  application provided for under this chapter by electronic or
  974  telephonic means.
  975         (2) The department may issue an electronic certificate of
  976  title in lieu of printing a paper title.
  977         (3) The department may collect electronic mail addresses
  978  and use electronic mail in lieu of the United States Postal
  979  Service as a method of notification. However, any notice
  980  regarding the potential forfeiture or foreclosure of an interest
  981  in property must be sent via the United States Postal Service.
  982         Section 21. Paragraph (a) of subsection (1) of section
  983  320.01, Florida Statutes, is amended, and subsection (46) is
  984  added to that section, to read:
  985         320.01 Definitions, general.—As used in the Florida
  986  Statutes, except as otherwise provided, the term:
  987         (1) “Motor vehicle” means:
  988         (a) An automobile, motorcycle, truck, trailer, semitrailer,
  989  truck tractor and semitrailer combination, or any other vehicle
  990  operated on the roads of this state, used to transport persons
  991  or property, and propelled by power other than muscular power,
  992  but the term does not include traction engines, road rollers,
  993  special mobile equipment as defined in s. 316.003(48), such
  994  vehicles as run only upon a track, bicycles, swamp buggies, or
  995  mopeds.
  996         (46) “Swamp buggy” means a motorized off-road vehicle that
  997  is designed or modified to travel over swampy or varied terrain
  998  and that may use large tires or tracks operated from an elevated
  999  platform. The term does not include any vehicle defined in
 1000  chapter 261 or otherwise defined or classified in this chapter.
 1001         Section 22. Subsection (2) and paragraph (e) of subsection
 1002  (5) of section 320.02, Florida Statutes, are amended, and
 1003  subsection (18) is added to that section, to read:
 1004         320.02 Registration required; application for registration;
 1005  forms.—
 1006         (2)(a) The application for registration shall include the
 1007  street address of the owner’s permanent residence or the address
 1008  of his or her permanent place of business and shall be
 1009  accompanied by personal or business identification information
 1010  which may include, but need not be limited to, a driver driver’s
 1011  license number, Florida identification card number, or federal
 1012  employer identification number. If the owner does not have a
 1013  permanent residence or permanent place of business or if the
 1014  owner’s permanent residence or permanent place of business
 1015  cannot be identified by a street address, the application shall
 1016  include:
 1017         1. If the vehicle is registered to a business, the name and
 1018  street address of the permanent residence of an owner of the
 1019  business, an officer of the corporation, or an employee who is
 1020  in a supervisory position.
 1021         2. If the vehicle is registered to an individual, the name
 1022  and street address of the permanent residence of a close
 1023  relative or friend who is a resident of this state.
 1024  
 1025  If the vehicle is registered to an active duty member of the
 1026  Armed Forces of the United States who is a Florida resident, the
 1027  active duty member is exempt from the requirement to provide the
 1028  street address of a permanent residence.
 1029         (b) The department shall prescribe a form upon which motor
 1030  vehicle owners may record odometer readings when registering
 1031  their motor vehicles.
 1032         (5)
 1033         (e) Upon the expiration date noted in the cancellation
 1034  policy that the department receives from the insurer, the
 1035  department shall suspend the registration, issued under this
 1036  chapter or s. 207.004(1), of a motor carrier who operates a
 1037  commercial motor vehicle or who permits it to be operated in
 1038  this state during the registration period without having in full
 1039  force and effect liability insurance, a surety bond, or a valid
 1040  self-insurance certificate that complies with the provisions of
 1041  this section. The department may cancel the liability insurance
 1042  policy or surety bond no less than 10 days after receiving the
 1043  insurer’s may not be canceled on less than 30 days’ written
 1044  notice by the insurer to the department, such 30 days’ notice to
 1045  commence from the date notice is received by the department. The
 1046  insurer’s notice must contain information required by the
 1047  department and must be provided in a format that is compatible
 1048  with the data processing capabilities of the department. The
 1049  department may adopt rules regarding the form and required
 1050  documentation. An insurer who fails to file the proper
 1051  documentation with the department as required in this subsection
 1052  or by rules adopted under this subsection violates the Florida
 1053  Insurance Code. The department shall use the documentation only
 1054  for enforcement and regulatory purposes, including the
 1055  generation of data regarding compliance by owners of motor
 1056  vehicles with the requirements for financial responsibility
 1057  coverage.
 1058         (18) The department shall retain all electronic
 1059  registration records for at least 10 years.
 1060         Section 23. Effective July 1, 2012, subsection (9) is added
 1061  to section 320.023, Florida Statutes, to read:
 1062         320.023 Requests to establish voluntary checkoff on motor
 1063  vehicle registration application.—
 1064         (9) Notwithstanding ss. 320.02, 320.023(3), and 328.72(11),
 1065  the department shall develop a bid process for legislatively
 1066  authorized voluntary contribution organizations to be listed on
 1067  the renewal notices for vehicle registrations, vessel
 1068  registrations, and driver licenses.
 1069         (a) The department shall conduct an open bidding process to
 1070  determine which voluntary contribution organizations may be
 1071  listed on the renewal notices beginning with the 2013 calendar
 1072  year. In September 2012, and each September thereafter, the
 1073  department shall accept bids from legislatively authorized
 1074  organizations that submit requests to be listed on the renewal
 1075  notices during the following calendar year. The department shall
 1076  list a maximum of 20 organizations on the renewal notices. The
 1077  department shall list the organizations that are not listed on
 1078  the renewal notices on its Internet website. Renewal notices
 1079  printed by the department or the tax collector must contain only
 1080  those organizations that request and participate in the bidding
 1081  process and are one of the 20 organizations chosen to be listed
 1082  on the renewal notices.
 1083         (b) Funds collected by the department through the bidding
 1084  process shall be deposited into the Highway Safety Operating
 1085  Trust Fund to offset the costs associated with administering the
 1086  voluntary contribution program. The department shall refund the
 1087  fees collected from voluntary contribution organizations that
 1088  are not selected to be listed on the renewal notices.
 1089         Section 24. Subsection (8) of section 320.03, Florida
 1090  Statutes, is amended to read:
 1091         320.03 Registration; duties of tax collectors;
 1092  International Registration Plan.—
 1093         (8) If the applicant’s name appears on the list referred to
 1094  in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
 1095  plate or revalidation sticker may not be issued until that
 1096  person’s name no longer appears on the list or until the person
 1097  presents a receipt from the governmental entity or the clerk of
 1098  court that provided the data showing that the fines outstanding
 1099  have been paid. This subsection does not apply to the owner of a
 1100  leased vehicle if the vehicle is registered in the name of the
 1101  lessee of the vehicle. The tax collector and the clerk of the
 1102  court are each entitled to receive monthly, as costs for
 1103  implementing and administering this subsection, 10 percent of
 1104  the civil penalties and fines recovered from such persons. As
 1105  used in this subsection, the term “civil penalties and fines”
 1106  does not include a wrecker operator’s lien as described in s.
 1107  713.78(13). If the tax collector has private tag agents, such
 1108  tag agents are entitled to receive a pro rata share of the
 1109  amount paid to the tax collector, based upon the percentage of
 1110  license plates and revalidation stickers issued by the tag agent
 1111  compared to the total issued within the county. The authority of
 1112  any private agent to issue license plates shall be revoked,
 1113  after notice and a hearing as provided in chapter 120, if he or
 1114  she issues any license plate or revalidation sticker contrary to
 1115  the provisions of this subsection. This section applies only to
 1116  the annual renewal in the owner’s birth month of a motor vehicle
 1117  registration and does not apply to the transfer of a
 1118  registration of a motor vehicle sold by a motor vehicle dealer
 1119  licensed under this chapter, except for the transfer of
 1120  registrations which includes is inclusive of the annual
 1121  renewals. This section does not affect the issuance of the title
 1122  to a motor vehicle, notwithstanding s. 319.23(8)(b)
 1123  319.23(7)(b).
 1124         Section 25. Paragraph (c) of subsection (1) and paragraph
 1125  (a) of subsection (3) of section 320.06, Florida Statutes, are
 1126  amended to read:
 1127         320.06 Registration certificates, license plates, and
 1128  validation stickers generally.—
 1129         (1)
 1130         (c) Registration license plates equipped with validation
 1131  stickers subject to the registration period are valid for not
 1132  more than 12 months and expire at midnight on the last day of
 1133  the registration period. A registration license plate equipped
 1134  with a validation sticker subject to the extended registration
 1135  period is valid for not more than 24 months and expires at
 1136  midnight on the last day of the extended registration period.
 1137  For each registration period after the one in which the original
 1138  metal registration license plate is issued, and until the
 1139  license plate is required to be replaced, a validation sticker
 1140  showing the month and year of expiration shall be issued upon
 1141  payment of the proper license tax amount and fees and is valid
 1142  for not more than 12 months. For each extended registration
 1143  period occurring after the one in which the original metal
 1144  registration license plate is issued and until the license plate
 1145  is required to be replaced, a validation sticker showing the
 1146  year of expiration shall be issued upon payment of the proper
 1147  license tax amount and fees and is valid for not more than 24
 1148  months. When license plates equipped with validation stickers
 1149  are issued in any month other than the owner’s birth month or
 1150  the designated registration period for any other motor vehicle,
 1151  the effective date shall reflect the birth month or month and
 1152  the year of renewal. However, when a license plate or validation
 1153  sticker is issued for a period of less than 12 months, the
 1154  applicant shall pay the appropriate amount of license tax and
 1155  the applicable fee under s. 320.14 in addition to all other
 1156  fees. Validation stickers issued for vehicles taxed under s.
 1157  320.08(6)(a), for any company that owns 250 vehicles or more, or
 1158  for semitrailers taxed under the provisions of s. 320.08(5)(a),
 1159  for any company that owns 50 vehicles or more, may be placed on
 1160  any vehicle in the fleet so long as the vehicle receiving the
 1161  validation sticker has the same owner’s name and address as the
 1162  vehicle to which the validation sticker was originally assigned.
 1163         (3)(a) Registration license plates must be made of metal
 1164  specially treated with a retroreflection material, as specified
 1165  by the department. The registration license plate is designed to
 1166  increase nighttime visibility and legibility and must be at
 1167  least 6 inches wide and not less than 12 inches in length,
 1168  unless a plate with reduced dimensions is deemed necessary by
 1169  the department to accommodate motorcycles, mopeds, or similar
 1170  smaller vehicles. Validation stickers must also be treated with
 1171  a retroreflection material, must be of such size as specified by
 1172  the department, and must adhere to the license plate. The
 1173  registration license plate must be imprinted with a combination
 1174  of bold letters and numerals or numerals, not to exceed seven
 1175  digits, to identify the registration license plate number. The
 1176  license plate must be imprinted with the word “Florida” at the
 1177  top and the name of the county in which it is sold, the state
 1178  motto, or the words “Sunshine State” at the bottom. Apportioned
 1179  license plates must have the word “Apportioned” at the bottom
 1180  and license plates issued for vehicles taxed under s.
 1181  320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
 1182  the word “Restricted” at the bottom. License plates issued for
 1183  vehicles taxed under s. 320.08(12) must be imprinted with the
 1184  word “Florida” at the top and the word “Dealer” at the bottom.
 1185  Manufacturer license plates issued for vehicles taxed under s.
 1186  320.08(12) must be imprinted with the word “Florida” at the top
 1187  and the word “Manufacturer” at the bottom. License plates issued
 1188  for vehicles taxed under s. 320.08(5)(d) or (e) must be
 1189  imprinted with the word “Wrecker” at the bottom. Any county may,
 1190  upon majority vote of the county commission, elect to have the
 1191  county name removed from the license plates sold in that county.
 1192  The state motto or the words “Sunshine State” shall be printed
 1193  in lieu thereof. A license plate issued for a vehicle taxed
 1194  under s. 320.08(6) may not be assigned a registration license
 1195  number, or be issued with any other distinctive character or
 1196  designation, that distinguishes the motor vehicle as a for-hire
 1197  motor vehicle.
 1198         Section 26. Section 320.0605, Florida Statutes, is amended
 1199  to read:
 1200         320.0605 Certificate of registration; possession required;
 1201  exception.—
 1202         (1) The registration certificate or an official copy
 1203  thereof, a true copy of a rental or lease documentation
 1204  agreement issued for a motor vehicle or issued for a replacement
 1205  vehicle in the same registration period, a temporary receipt
 1206  printed upon self-initiated electronic renewal of a registration
 1207  via the Internet, or a cab card issued for a vehicle registered
 1208  under the International Registration Plan shall, at all times
 1209  while the vehicle is being used or operated on the roads of this
 1210  state, be in the possession of the operator thereof or be
 1211  carried in the vehicle for which issued and shall be exhibited
 1212  upon demand of any authorized law enforcement officer or any
 1213  agent of the department, except for a vehicle registered under
 1214  s. 320.0657. The provisions of this section do not apply during
 1215  the first 30 days after purchase of a replacement vehicle. A
 1216  violation of this section is a noncriminal traffic infraction,
 1217  punishable as a nonmoving violation as provided in chapter 318.
 1218         (2) Rental or lease documentation that is sufficient to
 1219  satisfy the requirement in subsection (1) includes the
 1220  following:
 1221         (a) Date of rental and time of exit from rental facility;
 1222         (b) Rental station identification;
 1223         (c) Rental agreement number;
 1224         (d) Rental vehicle identification number;
 1225         (e) Rental vehicle license plate number and state of
 1226  registration;
 1227         (f) Vehicle’s make, model, and color;
 1228         (g) Vehicle’s mileage; and
 1229         (h) Authorized renter’s name.
 1230         Section 27. Section 320.061, Florida Statutes, is amended
 1231  to read:
 1232         320.061 Unlawful to alter motor vehicle registration
 1233  certificates, license plates, temporary license plates, mobile
 1234  home stickers, or validation stickers or to obscure license
 1235  plates; penalty.—A No person may not shall alter the original
 1236  appearance of a vehicle registration certificate, any
 1237  registration license plate, temporary license plate, mobile home
 1238  sticker, or validation sticker, or vehicle registration
 1239  certificate issued for and assigned to a any motor vehicle or
 1240  mobile home, whether by mutilation, alteration, defacement, or
 1241  change of color or in any other manner. A No person may not
 1242  shall apply or attach a any substance, reflective matter,
 1243  illuminated device, spray, coating, covering, or other material
 1244  onto or around any license plate which that interferes with the
 1245  legibility, angular visibility, or detectability of any feature
 1246  or detail on the license plate or interferes with the ability to
 1247  record any feature or detail on the license plate. A Any person
 1248  who violates this section commits a noncriminal traffic
 1249  infraction, punishable as a moving violation as provided in
 1250  chapter 318.
 1251         Section 28. Subsection (1) of section 320.07, Florida
 1252  Statutes, is amended to read:
 1253         320.07 Expiration of registration; renewal required;
 1254  penalties.—
 1255         (1) The registration of a motor vehicle or mobile home
 1256  expires at midnight on the last day of the registration or
 1257  extended registration period, or for a motor vehicle or mobile
 1258  home owner who is a natural person, at midnight on the owner’s
 1259  birthday. A vehicle may shall not be operated on the roads of
 1260  this state after expiration of the renewal period unless the
 1261  registration has been renewed according to law.
 1262         Section 29. Paragraph (e) of subsection (4) of section
 1263  320.08068, Florida Statutes, is amended to read:
 1264         320.08068 Motorcycle specialty license plates.—
 1265         (4) A license plate annual use fee of $20 shall be
 1266  collected for each motorcycle specialty license plate. Annual
 1267  use fees shall be distributed to The Able Trust as custodial
 1268  agent. The Able Trust may retain a maximum of 10 percent of the
 1269  proceeds from the sale of the license plate for administrative
 1270  costs. The Able Trust shall distribute the remaining funds as
 1271  follows:
 1272         (e) Twenty percent to the Florida Association of Centers
 1273  for Independent Living to be used to leverage additional funding
 1274  and new sources of revenue for the centers for independent
 1275  living in this state.
 1276         Section 30. Subsection (4) of section 320.0848, Florida
 1277  Statutes, is amended to read:
 1278         320.0848 Persons who have disabilities; issuance of
 1279  disabled parking permits; temporary permits; permits for certain
 1280  providers of transportation services to persons who have
 1281  disabilities.—
 1282         (4) From the proceeds of the temporary disabled parking
 1283  permit fees:
 1284         (a) The Department of Highway Safety and Motor Vehicles
 1285  must receive $3.50 for each temporary permit, to be deposited
 1286  into the Highway Safety Operating Trust Fund and used for
 1287  implementing the real-time disabled parking permit database and
 1288  for administering the disabled parking permit program.
 1289         (b) The tax collector, for processing, must receive $2.50
 1290  for each temporary permit.
 1291         (c) The remainder must be distributed monthly as follows:
 1292         1. To the Florida Endowment Foundation for Vocational
 1293  Rehabilitation, known as “The Able Trust,” Florida Governor’s
 1294  Alliance for the Employment of Disabled Citizens for the purpose
 1295  of improving employment and training opportunities for persons
 1296  who have disabilities, with special emphasis on removing
 1297  transportation barriers, $4. These fees must be directly
 1298  deposited into the Florida Endowment Foundation for Vocational
 1299  Rehabilitation as established in s. 413.615 Transportation
 1300  Disadvantaged Trust Fund for transfer to the Florida Governor’s
 1301  Alliance for Employment of Disabled Citizens.
 1302         2. To the Transportation Disadvantaged Trust Fund to be
 1303  used for funding matching grants to counties for the purpose of
 1304  improving transportation of persons who have disabilities, $5.
 1305         Section 31. Section 320.089, Florida Statutes, is amended
 1306  to read:
 1307         320.089 Members of National Guard and active United States
 1308  Armed Forces reservists; former prisoners of war; survivors of
 1309  Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
 1310  Freedom and Operation Enduring Freedom Veterans; Combat Infantry
 1311  Badge recipients; special license plates; fee.—
 1312         (1)(a) Each owner or lessee of an automobile or truck for
 1313  private use or recreational vehicle as specified in s.
 1314  320.08(9)(c) or (d), which is not used for hire or commercial
 1315  use, who is a resident of the state and an active or retired
 1316  member of the Florida National Guard, a survivor of the attack
 1317  on Pearl Harbor, a recipient of the Purple Heart medal, or an
 1318  active or retired member of any branch of the United States
 1319  Armed Forces Reserve, or a recipient of the Combat Infantry
 1320  Badge shall, upon application to the department, accompanied by
 1321  proof of active membership or retired status in the Florida
 1322  National Guard, proof of membership in the Pearl Harbor
 1323  Survivors Association or proof of active military duty in Pearl
 1324  Harbor on December 7, 1941, proof of being a Purple Heart medal
 1325  recipient, or proof of active or retired membership in any
 1326  branch of the Armed Forces Reserve, or proof of membership in
 1327  the Combat Infantrymen’s Association, Inc., or other proof of
 1328  being a recipient of the Combat Infantry Badge, and upon payment
 1329  of the license tax for the vehicle as provided in s. 320.08, be
 1330  issued a license plate as provided by s. 320.06, upon which, in
 1331  lieu of the serial numbers prescribed by s. 320.06, shall be
 1332  stamped the words “National Guard,” “Pearl Harbor Survivor,”
 1333  “Combat-wounded veteran,” or “U.S. Reserve,” or “Combat Infantry
 1334  Badge,” as appropriate, followed by the serial number of the
 1335  license plate. Additionally, the Purple Heart plate may have the
 1336  words “Purple Heart” stamped on the plate and the likeness of
 1337  the Purple Heart medal appearing on the plate.
 1338         (b) Notwithstanding any other provision of law to the
 1339  contrary, beginning with fiscal year 2002-2003 and annually
 1340  thereafter, the first $100,000 in general revenue generated from
 1341  the sale of license plates issued under this section shall be
 1342  annually deposited into the Grants and Donations Trust Fund, as
 1343  described in s. 296.38(2), to be used for the purposes
 1344  established by law for that trust fund. Any additional general
 1345  revenue generated from the sale of such plates shall be
 1346  deposited into the State Homes for Veterans Trust Fund and used
 1347  solely to construct, operate, and maintain domiciliary and
 1348  nursing homes for veterans, subject to the requirements of
 1349  chapter 216.
 1350         (c) Notwithstanding any provisions of law to the contrary,
 1351  an applicant for a Pearl Harbor Survivor license plate or a
 1352  Purple Heart license plate who also qualifies for a disabled
 1353  veteran’s license plate under s. 320.084 shall be issued the
 1354  appropriate special license plate without payment of the license
 1355  tax imposed by s. 320.08.
 1356         (2) Each owner or lessee of an automobile or truck for
 1357  private use, truck weighing not more than 7,999 pounds, or
 1358  recreational vehicle as specified in s. 320.08(9)(c) or (d),
 1359  which is not used for hire or commercial use, who is a resident
 1360  of the state and who is a former prisoner of war, or their
 1361  unremarried surviving spouse, shall, upon application therefor
 1362  to the department, be issued a license plate as provided in s.
 1363  320.06, on which license plate are stamped the words “Ex-POW”
 1364  followed by the serial number. Each application shall be
 1365  accompanied by proof that the applicant meets the qualifications
 1366  specified in paragraph (a) or paragraph (b).
 1367         (a) A citizen of the United States who served as a member
 1368  of the Armed Forces of the United States or the armed forces of
 1369  a nation allied with the United States who was held as a
 1370  prisoner of war at such time as the Armed Forces of the United
 1371  States were engaged in combat, or their unremarried surviving
 1372  spouse, may be issued the special license plate provided for in
 1373  this subsection without payment of the license tax imposed by s.
 1374  320.08.
 1375         (b) A person who was serving as a civilian with the consent
 1376  of the United States Government, or a person who was a member of
 1377  the Armed Forces of the United States who was not a United
 1378  States citizen and was held as a prisoner of war when the Armed
 1379  Forces of the United States were engaged in combat, or their
 1380  unremarried surviving spouse, may be issued the special license
 1381  plate provided for in this subsection upon payment of the
 1382  license tax imposed by s. 320.08.
 1383         (3) Each owner or lessee of an automobile or truck for
 1384  private use, truck weighing not more than 7,999 pounds, or
 1385  recreational vehicle as specified in s. 320.08(9)(c) or (d),
 1386  which is not used for hire or commercial use, who is a resident
 1387  of this state and who is the unremarried surviving spouse of a
 1388  recipient of the Purple Heart medal shall, upon application
 1389  therefor to the department, with the payment of the required
 1390  fees, be issued a license plate as provided in s. 320.06, on
 1391  which license plate are stamped the words “Purple Heart” and the
 1392  likeness of the Purple Heart medal followed by the serial
 1393  number. Each application shall be accompanied by proof that the
 1394  applicant is the unremarried surviving spouse of a recipient of
 1395  the Purple Heart medal.
 1396         (4) The owner or lessee of an automobile or truck for
 1397  private use, a truck weighing not more than 7,999 pounds, or a
 1398  recreational vehicle as specified in s. 320.08(9)(c) or (d)
 1399  which automobile, truck, or recreational vehicle is not used for
 1400  hire or commercial use who is a resident of the state and a
 1401  current or former member of the United States military who was
 1402  deployed and served in Iraq during Operation Iraqi Freedom or in
 1403  Afghanistan during Operation Enduring Freedom shall, upon
 1404  application to the department, accompanied by proof of active
 1405  membership or former active duty status during one of these
 1406  operations, and upon payment of the license tax for the vehicle
 1407  as provided in s. 320.08, be issued a license plate as provided
 1408  by s. 320.06 upon which, in lieu of the registration license
 1409  number prescribed by s. 320.06, shall be stamped the words
 1410  “Operation Iraqi Freedom” or “Operation Enduring Freedom,” as
 1411  appropriate, followed by the registration license number of the
 1412  plate.
 1413         Section 32. Section 320.15, Florida Statutes, is amended to
 1414  read:
 1415         320.15 Refund of license tax.—Any resident owner of a motor
 1416  vehicle or mobile home that has been destroyed or permanently
 1417  removed from the state shall, upon application to the department
 1418  and surrender of the license plate or mobile home sticker issued
 1419  for such vehicle, be entitled to a credit to apply to
 1420  registration of any other vehicle in the name of the owner, if
 1421  the amount is $3 or more, for the unexpired period of the
 1422  license. However, if the license plate surrendered is a “for
 1423  hire” license plate, the amount of credit may not be more than
 1424  one-half of the annual license tax amount. A credit is will not
 1425  be valid after the expiration date of the license plate which is
 1426  current on the date of the credit, as provided in s. 320.07. A
 1427  motor vehicle or mobile home owner who renews a registration
 1428  during the advanced renewal period as provided in s. 320.071 and
 1429  who surrenders the motor vehicle or mobile home license plate
 1430  before the end of the renewal period may apply for a refund of
 1431  the license taxes assessed pursuant to s. 320.08.
 1432         Section 33. Subsection (3) of section 320.27, Florida
 1433  Statutes, is amended to read:
 1434         320.27 Motor vehicle dealers.—
 1435         (3) APPLICATION AND FEE.—The application for the license
 1436  shall be in such form as may be prescribed by the department and
 1437  shall be subject to such rules with respect thereto as may be so
 1438  prescribed by it. Such application shall be verified by oath or
 1439  affirmation and shall contain a full statement of the name and
 1440  birth date of the person or persons applying therefor; the name
 1441  of the firm or copartnership, with the names and places of
 1442  residence of all members thereof, if such applicant is a firm or
 1443  copartnership; the names and places of residence of the
 1444  principal officers, if the applicant is a body corporate or
 1445  other artificial body; the name of the state under whose laws
 1446  the corporation is organized; the present and former place or
 1447  places of residence of the applicant; and prior business in
 1448  which the applicant has been engaged and the location thereof.
 1449  Such application shall describe the exact location of the place
 1450  of business and shall state whether the place of business is
 1451  owned by the applicant and when acquired, or, if leased, a true
 1452  copy of the lease shall be attached to the application. The
 1453  applicant shall certify that the location provides an adequately
 1454  equipped office and is not a residence; that the location
 1455  affords sufficient unoccupied space upon and within which
 1456  adequately to store all motor vehicles offered and displayed for
 1457  sale; and that the location is a suitable place where the
 1458  applicant can in good faith carry on such business and keep and
 1459  maintain books, records, and files necessary to conduct such
 1460  business, which will be available at all reasonable hours to
 1461  inspection by the department or any of its inspectors or other
 1462  employees. The applicant shall certify that the business of a
 1463  motor vehicle dealer is the principal business which shall be
 1464  conducted at that location. The Such application shall contain a
 1465  statement that the applicant is either franchised by a
 1466  manufacturer of motor vehicles, in which case the name of each
 1467  motor vehicle that the applicant is franchised to sell shall be
 1468  included, or an independent (nonfranchised) motor vehicle
 1469  dealer. The Such application shall contain such other relevant
 1470  information as may be required by the department, including
 1471  evidence that the applicant is insured under a garage liability
 1472  insurance policy or a general liability insurance policy coupled
 1473  with a business automobile policy, which shall include, at a
 1474  minimum, $25,000 combined single-limit liability coverage
 1475  including bodily injury and property damage protection and
 1476  $10,000 personal injury protection. However, a salvage motor
 1477  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
 1478  from the requirements for garage liability insurance and
 1479  personal injury protection insurance on those vehicles that
 1480  cannot be legally operated on state roads, highways, or streets.
 1481  Franchise dealers must submit a garage liability insurance
 1482  policy, and all other dealers must submit a garage liability
 1483  insurance policy or a general liability insurance policy coupled
 1484  with a business automobile policy. Such policy shall be for the
 1485  license period, and evidence of a new or continued policy shall
 1486  be delivered to the department at the beginning of each license
 1487  period. Upon making initial application, the applicant shall pay
 1488  to the department a fee of $300 in addition to any other fees
 1489  now required by law; upon making a subsequent renewal
 1490  application, the applicant shall pay to the department a fee of
 1491  $75 in addition to any other fees now required by law. Upon
 1492  making an application for a change of location, the person shall
 1493  pay a fee of $50 in addition to any other fees now required by
 1494  law. The department shall, in the case of every application for
 1495  initial licensure, verify whether certain facts set forth in the
 1496  application are true. Each applicant, general partner in the
 1497  case of a partnership, or corporate officer and director in the
 1498  case of a corporate applicant, must file a set of fingerprints
 1499  with the department for the purpose of determining any prior
 1500  criminal record or any outstanding warrants. The department
 1501  shall submit the fingerprints to the Department of Law
 1502  Enforcement for state processing and forwarding to the Federal
 1503  Bureau of Investigation for federal processing. The actual cost
 1504  of state and federal processing shall be borne by the applicant
 1505  and is in addition to the fee for licensure. The department may
 1506  issue a license to an applicant pending the results of the
 1507  fingerprint investigation, which license is fully revocable if
 1508  the department subsequently determines that any facts set forth
 1509  in the application are not true or correctly represented.
 1510         Section 34. Paragraph (a) of subsection (1) of section
 1511  320.771, Florida Statutes, is amended to read:
 1512         320.771 License required of recreational vehicle dealers.—
 1513         (1) DEFINITIONS.—As used in this section:
 1514         (a)1. “Dealer” means any person engaged in the business of
 1515  buying, selling, or dealing in recreational vehicles or offering
 1516  or displaying recreational vehicles for sale. The term “dealer”
 1517  includes a recreational vehicle broker. Any person who buys,
 1518  sells, deals in, or offers or displays for sale, or who acts as
 1519  the agent for the sale of, one or more recreational vehicles in
 1520  any 12-month period shall be prima facie presumed to be a
 1521  dealer. The terms “selling” and “sale” include lease-purchase
 1522  transactions. The term “dealer” does not include banks, credit
 1523  unions, and finance companies that acquire recreational vehicles
 1524  as an incident to their regular business and does not include
 1525  mobile home rental and leasing companies that sell recreational
 1526  vehicles to dealers licensed under this section.
 1527         2. A licensed dealer may transact business in recreational
 1528  vehicles with a motor vehicle auction as defined in s.
 1529  320.27(1)(c)4. Further, a licensed dealer may, at retail or
 1530  wholesale, sell a motor vehicle, as described in s.
 1531  320.01(1)(a), acquired in exchange for the sale of a
 1532  recreational vehicle, if the such acquisition is incidental to
 1533  the principal business of being a recreational vehicle dealer.
 1534  However, a recreational vehicle dealer may not buy a motor
 1535  vehicle for the purpose of resale unless licensed as a motor
 1536  vehicle dealer pursuant to s. 320.27. A dealer may apply for a
 1537  certificate of title to a recreational vehicle required to be
 1538  registered under s. 320.08(9), using a manufacturer’s statement
 1539  of origin as permitted by s. 319.23(1), only if the dealer is
 1540  authorized by a manufacturer/dealer agreement, as defined in s.
 1541  320.3202, on file with the department, to buy, sell, or deal in
 1542  that particular line-make of recreational vehicle, and the
 1543  dealer is authorized by the manufacturer/dealer agreement to
 1544  perform delivery and preparation obligations and warranty defect
 1545  adjustments on that line-make.
 1546         Section 35. Section 320.95, Florida Statutes, is amended to
 1547  read:
 1548         320.95 Transactions by electronic or telephonic means.—
 1549         (1) The department may is authorized to accept an any
 1550  application provided for under this chapter by electronic or
 1551  telephonic means.
 1552         (2) The department may collect electronic mail addresses
 1553  and use electronic mail in lieu of the United States Postal
 1554  Service for the purpose of providing renewal notices.
 1555         Section 36. Section 322.04, Florida Statutes, is amended to
 1556  read:
 1557         322.04 Persons exempt from obtaining driver driver’s
 1558  license.—
 1559         (1) The following persons are exempt from obtaining a
 1560  driver driver’s license:
 1561         (a) Any employee of the United States Government, while
 1562  operating a noncommercial motor vehicle owned by or leased to
 1563  the United States Government and being operated on official
 1564  business.
 1565         (b) Any person while driving or operating any road machine,
 1566  farm tractor, or implement of husbandry temporarily operated or
 1567  moved on a highway.
 1568         (c) A nonresident who is at least 16 years of age and who
 1569  has in his or her immediate possession a valid noncommercial
 1570  driver’s license issued to the nonresident in his or her home
 1571  state or country, may operate a motor vehicle of the type for
 1572  which a Class E driver driver’s license is required in this
 1573  state if the nonresident has in his or her immediate possession:
 1574         1. A valid noncommercial driver license issued in his or
 1575  her name from another state or territory of the United States;
 1576  or
 1577         2. An International Driving Permit issued in his or her
 1578  name in his or her country of residence and a valid license
 1579  issued in that country.
 1580         (d) A nonresident who is at least 18 years of age and who
 1581  has in his or her immediate possession a valid noncommercial
 1582  driver’s license issued to the nonresident in his or her home
 1583  state or country may operate a motor vehicle, other than a
 1584  commercial motor vehicle, in this state.
 1585         (d)(e) Any person operating a golf cart, as defined in s.
 1586  320.01, which is operated in accordance with the provisions of
 1587  s. 316.212.
 1588         (2) The provisions of this section do not apply to any
 1589  person to whom s. 322.031 applies.
 1590         (3) Any person working for a firm under contract to the
 1591  United States Government, whose residence is without this state
 1592  and whose main point of employment is without this state may
 1593  drive a noncommercial vehicle on the public roads of this state
 1594  for periods up to 60 days while in this state on temporary duty,
 1595  provided such person has a valid driver driver’s license from
 1596  the state of such person’s residence.
 1597         Section 37. Paragraph (a) of subsection (1) of section
 1598  322.051, Florida Statutes, is amended, and subsection (9) is
 1599  added to that section, to read:
 1600         322.051 Identification cards.—
 1601         (1) Any person who is 5 years of age or older, or any
 1602  person who has a disability, regardless of age, who applies for
 1603  a disabled parking permit under s. 320.0848, may be issued an
 1604  identification card by the department upon completion of an
 1605  application and payment of an application fee.
 1606         (a) The Each such application must shall include the
 1607  following information regarding the applicant:
 1608         1. Full name (first, middle or maiden, and last), gender,
 1609  proof of social security card number satisfactory to the
 1610  department, county of residence, mailing address, proof of
 1611  residential address satisfactory to the department, country of
 1612  birth, and a brief description.
 1613         2. Proof of birth date satisfactory to the department.
 1614         3. Proof of identity satisfactory to the department. Such
 1615  proof must include one of the following documents issued to the
 1616  applicant:
 1617         a. A driver driver’s license record or identification card
 1618  record from another jurisdiction that required the applicant to
 1619  submit a document for identification which is substantially
 1620  similar to a document required under sub-subparagraph b., sub
 1621  subparagraph c., sub-subparagraph d., sub-subparagraph e., sub
 1622  subparagraph f., sub-subparagraph g., or sub-subparagraph h.;
 1623         b. A certified copy of a United States birth certificate;
 1624         c. A valid, unexpired United States passport;
 1625         d. A naturalization certificate issued by the United States
 1626  Department of Homeland Security;
 1627         e. A valid, unexpired alien registration receipt card
 1628  (green card);
 1629         f. A Consular Report of Birth Abroad provided by the United
 1630  States Department of State;
 1631         g. An unexpired employment authorization card issued by the
 1632  United States Department of Homeland Security; or
 1633         h. Proof of nonimmigrant classification provided by the
 1634  United States Department of Homeland Security, for an original
 1635  identification card. In order to prove such nonimmigrant
 1636  classification, an applicant must provide at least one of
 1637  applicants may produce but are not limited to the following
 1638  documents. In addition, the department may require applicants to
 1639  produce United States Department of Homeland Security documents
 1640  for the sole purpose of establishing the maintenance of, or
 1641  efforts to maintain, continuous lawful presence:
 1642         (I) A notice of hearing from an immigration court
 1643  scheduling a hearing on any proceeding.
 1644         (II) A notice from the Board of Immigration Appeals
 1645  acknowledging pendency of an appeal.
 1646         (III) A notice of the approval of an application for
 1647  adjustment of status issued by the United States Bureau of
 1648  Citizenship and Immigration Services.
 1649         (IV) An Any official documentation confirming the filing of
 1650  a petition for asylum or refugee status or any other relief
 1651  issued by the United States Bureau of Citizenship and
 1652  Immigration Services.
 1653         (V) A notice of action transferring any pending matter from
 1654  another jurisdiction to Florida, issued by the United States
 1655  Bureau of Citizenship and Immigration Services.
 1656         (VI) An order of an immigration judge or immigration
 1657  officer granting any relief that authorizes the alien to live
 1658  and work in the United States, including, but not limited to,
 1659  asylum.
 1660         (VII) Evidence that an application is pending for
 1661  adjustment of status to that of an alien lawfully admitted for
 1662  permanent residence in the United States or conditional
 1663  permanent resident status in the United States, if a visa number
 1664  is available having a current priority date for processing by
 1665  the United States Bureau of Citizenship and Immigration
 1666  Services.
 1667         (VIII) On or after January 1, 2010, an unexpired foreign
 1668  passport with an unexpired United States Visa affixed,
 1669  accompanied by an approved I-94, documenting the most recent
 1670  admittance into the United States.
 1671  
 1672  An identification card issued based on documents required
 1673  Presentation of any of the documents described in sub
 1674  subparagraph g. or sub-subparagraph h. is valid entitles the
 1675  applicant to an identification card for a period not to exceed
 1676  the expiration date of the document presented or 1 year,
 1677  whichever first occurs first.
 1678         (9) Notwithstanding any other provision of this section or
 1679  s. 322.21 to the contrary, the department shall issue or renew a
 1680  card at no charge to a person who presents good cause for a fee
 1681  waiver.
 1682         Section 38. Subsection (4) of section 322.058, Florida
 1683  Statutes, is amended to read:
 1684         322.058 Suspension of driving privileges due to support
 1685  delinquency; reinstatement.—
 1686         (4) This section applies only to the annual renewal in the
 1687  owner’s birth month of a motor vehicle registration and does not
 1688  apply to the transfer of a registration of a motor vehicle sold
 1689  by a motor vehicle dealer licensed under chapter 320, except for
 1690  the transfer of registrations which includes is inclusive of the
 1691  annual renewals. This section does not affect the issuance of
 1692  the title to a motor vehicle, notwithstanding s. 319.23(8)(b) s.
 1693  319.23(7)(b).
 1694         Section 39. Section 322.065, Florida Statutes, is amended
 1695  to read:
 1696         322.065 Driver Driver’s license expired for 6 4 months or
 1697  less; penalties.—A Any person whose driver driver’s license has
 1698  been expired for 6 4 months or less and who drives a motor
 1699  vehicle upon the highways of this state commits is guilty of an
 1700  infraction and is subject to the penalty provided in s. 318.18.
 1701         Section 40. Subsection (3) of section 322.07, Florida
 1702  Statutes, is amended to read:
 1703         322.07 Instruction permits and temporary licenses.—
 1704         (3) Any person who, except for his or her lack of
 1705  instruction in operating a commercial motor vehicle, would
 1706  otherwise be qualified to obtain a commercial driver driver’s
 1707  license under this chapter, may apply for a temporary commercial
 1708  instruction permit. The department shall issue such a permit
 1709  entitling the applicant, while having the permit in his or her
 1710  immediate possession, to drive a commercial motor vehicle on the
 1711  highways, if provided that:
 1712         (a) The applicant possesses a valid Florida driver driver’s
 1713  license issued in any state; and
 1714         (b) The applicant, while operating a commercial motor
 1715  vehicle, is accompanied by a licensed driver who is 21 years of
 1716  age or older, who is licensed to operate the class of vehicle
 1717  being operated, and who is actually occupying the closest seat
 1718  to the right of the driver.
 1719         Section 41. Paragraph (c) of subsection (2) of section
 1720  322.08, Florida Statutes, is amended, and subsection (8) is
 1721  added to that section, to read:
 1722         322.08 Application for license; requirements for license
 1723  and identification card forms.—
 1724         (2) Each such application shall include the following
 1725  information regarding the applicant:
 1726         (c) Proof of identity satisfactory to the department. Such
 1727  proof must include one of the following documents issued to the
 1728  applicant:
 1729         1. A driver driver’s license record or identification card
 1730  record from another jurisdiction that required the applicant to
 1731  submit a document for identification which is substantially
 1732  similar to a document required under subparagraph 2.,
 1733  subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
 1734  6., subparagraph 7., or subparagraph 8.;
 1735         2. A certified copy of a United States birth certificate;
 1736         3. A valid, unexpired United States passport;
 1737         4. A naturalization certificate issued by the United States
 1738  Department of Homeland Security;
 1739         5. A valid, unexpired alien registration receipt card
 1740  (green card);
 1741         6. A Consular Report of Birth Abroad provided by the United
 1742  States Department of State;
 1743         7. An unexpired employment authorization card issued by the
 1744  United States Department of Homeland Security; or
 1745         8. Proof of nonimmigrant classification provided by the
 1746  United States Department of Homeland Security, for an original
 1747  driver driver’s license. In order to prove nonimmigrant
 1748  classification, an applicant must provide at least one of the
 1749  following documents. In addition, the department may require
 1750  applicants to produce United States Department of Homeland
 1751  Security documents for the sole purpose of establishing the
 1752  maintenance of, or efforts to maintain, continuous lawful
 1753  presence may produce the following documents, including, but not
 1754  limited to:
 1755         a. A notice of hearing from an immigration court scheduling
 1756  a hearing on any proceeding.
 1757         b. A notice from the Board of Immigration Appeals
 1758  acknowledging pendency of an appeal.
 1759         c. A notice of the approval of an application for
 1760  adjustment of status issued by the United States Bureau of
 1761  Citizenship and Immigration Services.
 1762         d. An Any official documentation confirming the filing of a
 1763  petition for asylum or refugee status or any other relief issued
 1764  by the United States Bureau of Citizenship and Immigration
 1765  Services.
 1766         e. A notice of action transferring any pending matter from
 1767  another jurisdiction to this state issued by the United States
 1768  Bureau of Citizenship and Immigration Services.
 1769         f. An order of an immigration judge or immigration officer
 1770  granting a any relief that authorizes the alien to live and work
 1771  in the United States, including, but not limited to, asylum.
 1772         g. Evidence that an application is pending for adjustment
 1773  of status to that of an alien lawfully admitted for permanent
 1774  residence in the United States or conditional permanent resident
 1775  status in the United States, if a visa number is available
 1776  having a current priority date for processing by the United
 1777  States Bureau of Citizenship and Immigration Services.
 1778         h. On or after January 1, 2010, an unexpired foreign
 1779  passport with an unexpired United States Visa affixed,
 1780  accompanied by an approved I-94, documenting the most recent
 1781  admittance into the United States.
 1782  
 1783  A driver license or temporary permit issued based on documents
 1784  required Presentation of any of the documents in subparagraph 7.
 1785  or subparagraph 8. is valid entitles the applicant to a driver’s
 1786  license or temporary permit for a period not to exceed the
 1787  expiration date of the document presented or 1 year, whichever
 1788  occurs first.
 1789         (8) The department may collect electronic mail addresses
 1790  and use electronic mail in lieu of the United States Postal
 1791  Service for the purpose of providing renewal notices.
 1792         Section 42. Effective July 1, 2012, section 322.081,
 1793  Florida Statutes, is amended to read:
 1794         322.081 Requests to establish voluntary checkoff on driver
 1795  driver’s license application.—
 1796         (1) An organization that seeks authorization to establish a
 1797  voluntary contribution on a driver driver’s license application
 1798  must submit to the department:
 1799         (a) A request for the particular voluntary contribution
 1800  being sought, describing the proposed voluntary contribution in
 1801  general terms.
 1802         (b) An application fee, not to exceed $10,000 to defray the
 1803  department’s cost for reviewing the application and developing
 1804  the voluntary contribution checkoff, if authorized. State funds
 1805  may not be used to pay the application fee.
 1806         (c) A marketing strategy outlining short-term and long-term
 1807  marketing plans for the requested voluntary contribution and a
 1808  financial analysis outlining the anticipated revenues and the
 1809  planned expenditures of the revenues to be derived from the
 1810  voluntary contribution.
 1811  
 1812  The information required under this subsection must be submitted
 1813  to the department at least 90 days before the convening of the
 1814  next regular session of the Legislature.
 1815         (2) If the voluntary contribution is not approved by the
 1816  Legislature, the application fee must be refunded to the
 1817  requesting organization.
 1818         (3) The department must include any voluntary contributions
 1819  approved by the Legislature on the driver driver’s license
 1820  application form when the form is reprinted by the agency.
 1821         (4)(a) The department must discontinue the voluntary
 1822  contribution if:
 1823         1. Less than $25,000 has been contributed by the end of the
 1824  5th year.
 1825         2. Less than $25,000 is contributed during any subsequent
 1826  5-year period.
 1827         (b) The department is authorized to discontinue the
 1828  voluntary contribution and distribution of associated proceeds
 1829  if the organization no longer exists, if the organization has
 1830  stopped providing services that are authorized to be funded from
 1831  the voluntary contributions, or pursuant to an organizational
 1832  recipient’s request. Organizations are required to notify the
 1833  department immediately to stop warrants for voluntary check-off
 1834  contribution, if any of the conditions in this subsection exist,
 1835  and must meet the requirements of paragraph (5)(b) or paragraph
 1836  (5)(c), if applicable, for any period of operation during the
 1837  fiscal year.
 1838         (5) A voluntary contribution collected and distributed
 1839  under this chapter, or any interest earned from those
 1840  contributions, may not be used for commercial or for-profit
 1841  activities nor for general or administrative expenses, except as
 1842  authorized by law.
 1843         (a) All organizations that receive annual use fee proceeds
 1844  from the department are responsible for ensuring that proceeds
 1845  are used in accordance with law.
 1846         (b) Any organization not subject to audit pursuant to s.
 1847  215.97 shall annually attest, under penalties of perjury, that
 1848  such proceeds were used in compliance with law. The attestation
 1849  shall be made annually in a form and format determined by the
 1850  department.
 1851         (c) Any voluntary contributions authorized by law shall be
 1852  deposited into and distributed from the Motor Vehicle License
 1853  Clearing Trust Fund to the recipients specified in this chapter.
 1854         (d) Any organization subject to audit pursuant to s. 215.97
 1855  shall submit an audit report in accordance with rules
 1856  promulgated by the Auditor General. The annual attestation must
 1857  be submitted to the department for review within 9 months after
 1858  the end of the organization’s fiscal year.
 1859         (6) Within 90 days after receiving an organization’s audit
 1860  or attestation, the department shall determine which recipients
 1861  have not complied with subsection (5). If the department
 1862  determines that an organization has not complied or has failed
 1863  to use the revenues in accordance with law, the department must
 1864  discontinue the distribution of the revenues to the organization
 1865  until the department determines that the organization has
 1866  complied. If an organization fails to comply within 12 months
 1867  after the voluntary contributions are withheld by the
 1868  department, the proceeds shall be deposited into the Highway
 1869  Safety Operating Trust Fund to offset department costs.
 1870         (7) The department has the authority to examine all records
 1871  pertaining to the use of funds from the voluntary contributions
 1872  authorized.
 1873         (8) All organizations seeking to establish a voluntary
 1874  contribution on a driver driver’s license application which that
 1875  are required to operate under the Solicitation of Contributions
 1876  Act, as provided in chapter 496, must do so before funds may be
 1877  distributed.
 1878         (9) Notwithstanding subsection (3) and s. 322.08(7), the
 1879  department shall develop a bid process for legislatively
 1880  authorized voluntary contribution organizations to be listed on
 1881  the renewal notices for vehicle registrations, vessel
 1882  registrations, and driver licenses.
 1883         (a) The department shall conduct an open bidding process to
 1884  determine which voluntary contribution organizations may be
 1885  listed on the renewal notices beginning with the 2013 calendar
 1886  year. In September 2012, and each September thereafter, the
 1887  department shall accept bids from legislatively authorized
 1888  organizations that submit requests to be listed on the renewal
 1889  notices during the following calendar year. The department shall
 1890  list a maximum of 20 organizations on the renewal notices. The
 1891  department shall list the organizations that are not listed on
 1892  the renewal notices on its Internet website. Renewal notices
 1893  printed by the department or the tax collector must contain only
 1894  those organizations that request and participate in the bidding
 1895  process and are one of the 20 organizations chosen to be listed
 1896  on the renewal notices.
 1897         (b) Funds collected by the department through the bidding
 1898  process shall be deposited into the Highway Safety Operating
 1899  Trust Fund to offset the costs associated with administering the
 1900  voluntary contribution program. The department shall refund the
 1901  fees collected from voluntary contribution organizations that
 1902  are not selected to be listed on the renewal notices.
 1903         Section 43. Subsection (5) of section 322.121, Florida
 1904  Statutes, is amended to read:
 1905         322.121 Periodic reexamination of all drivers.—
 1906         (5) Members of the Armed Forces, or their dependents
 1907  residing with them, shall be granted an automatic extension for
 1908  the expiration of their Class E licenses without reexamination
 1909  while serving on active duty outside this state. This extension
 1910  is valid for 90 days after the member of the Armed Forces is
 1911  either discharged or returns to this state to live.
 1912         Section 44. Paragraph (a) of subsection (1) of section
 1913  322.14, Florida Statutes, is amended to read:
 1914         322.14 Licenses issued to drivers.—
 1915         (1)(a) The department shall, upon successful completion of
 1916  all required examinations and payment of the required fee, issue
 1917  to every qualified applicant qualifying therefor, a driver
 1918  driver’s license that must as applied for, which license shall
 1919  bear thereon a color photograph or digital image of the
 1920  licensee; the name of the state; a distinguishing number
 1921  assigned to the licensee; and the licensee’s full name, date of
 1922  birth, and residence address; a brief description of the
 1923  licensee, including, but not limited to, the licensee’s gender
 1924  and height; and the dates of issuance and expiration of the
 1925  license. A space shall be provided upon which the licensee shall
 1926  affix his or her usual signature. A No license is invalid shall
 1927  be valid until it has been so signed by the licensee except that
 1928  the signature of the said licensee is not shall not be required
 1929  if it appears thereon in facsimile or if the licensee is not
 1930  present within the state at the time of issuance. Applicants
 1931  qualifying to receive a Class A, Class B, or Class C driver’s
 1932  license must appear in person within the state for issuance of a
 1933  color photographic or digital imaged driver’s license pursuant
 1934  to s. 322.142.
 1935         Section 45. Section 322.1415, Florida Statutes, is created
 1936  to read:
 1937         322.1415Specialty driver license and identification card
 1938  program.
 1939         (1) The department may issue to any applicant qualified
 1940  pursuant to s. 322.14 a specialty driver license or
 1941  identification card upon payment of the appropriate fee pursuant
 1942  to s. 322.21.
 1943         (2) Any specialty driver license or identification card
 1944  approved by the department shall, at a minimum, be available for
 1945  state and independent universities domiciled in this state, all
 1946  Florida professional sports teams designated pursuant to s.
 1947  320.08058(9)(a), and all branches of the United States Armed
 1948  Forces.
 1949         (3) The design and use of each specialty driver license and
 1950  identification card must be approved by the department and the
 1951  organization that is recognized by the driver license or card.
 1952         (4) Organizations receiving funds from this program shall
 1953  attest, under penalties of perjury, pursuant to s. 320.08062
 1954  that the funds have been expended in the same manner as provided
 1955  in s. 320.08058. On December 1 of each year, the department
 1956  shall deliver an annual report to the President of the Senate
 1957  and the Speaker of the House of Representatives which addresses
 1958  the viability of the program and details the amounts distributed
 1959  to each entity.
 1960         (5) This section is repealed August 31, 2016.
 1961         Section 46. Section 322.145, Florida Statutes, is created
 1962  to read:
 1963         322.145Electronic authentication of licenses.—
 1964         (1) Any driver license issued on or after July 1, 2013,
 1965  must contain a means of electronic authentication which conforms
 1966  to a recognized standard for such authentication such as public
 1967  key infrastructure, symmetric key algorithms, security tokens,
 1968  mediametrics, or biometrics. The electronic authentication
 1969  capabilities must not interfere with or change the driver
 1970  license format or topology.
 1971         (2) The department shall provide, at the applicant’s option
 1972  and at the time a license is issued, a security token that can
 1973  be electronically authenticated through a personal computer. The
 1974  token must also conform to one of the standards provided in
 1975  subsection (1).
 1976         (3) The department shall negotiate a new contract with the
 1977  vendor selected to implement the electronic authentication
 1978  feature which contains a provision requiring that the vendor pay
 1979  all the costs associated with implementing the system. The
 1980  contract must not conflict with current contractual arrangements
 1981  for the issuance of driver licenses.
 1982         Section 47. Paragraph (c) is added to subsection (1) of
 1983  section 322.18, Florida Statutes, to read:
 1984         322.18 Original applications, licenses, and renewals;
 1985  expiration of licenses; delinquent licenses.—
 1986         (1)
 1987         (c) A person who has been issued a driver license based on
 1988  documentation specified in s. 322.08(2)(c)8. as proof of
 1989  identity is not eligible to renew the driver license and must
 1990  obtain an original license.
 1991         Section 48. Subsection (2) of section 322.19, Florida
 1992  Statutes, is amended to read:
 1993         322.19 Change of address or name.—
 1994         (2) Whenever any person, after applying for or receiving a
 1995  driver driver’s license, changes the legal residence or mailing
 1996  address in the application or license, the person must, within
 1997  10 calendar days after making the change, obtain a replacement
 1998  license that reflects the change. A written request to the
 1999  department must include the old and new addresses and the driver
 2000  driver’s license number. Any person who has a valid, current
 2001  student identification card issued by an educational institution
 2002  in this state is presumed not to have changed his or her legal
 2003  residence or mailing address. This subsection does not affect
 2004  any person required to register a permanent or temporary address
 2005  change pursuant to s. 775.13, s. 775.21, s. 775.25, or s.
 2006  943.0435.
 2007         Section 49. Present paragraphs (e) through (h) of
 2008  subsection (1) of section 322.21, Florida Statutes, are
 2009  redesignated as paragraphs (f) through (i), respectively, and
 2010  new paragraphs (e) and (j) are added to that subsection, to
 2011  read:
 2012         322.21 License fees; procedure for handling and collecting
 2013  fees.—
 2014         (1) Except as otherwise provided herein, the fee for:
 2015         (e) An original or renewal enhanced driver license or
 2016  identification card that meets the requirements of the Western
 2017  Hemisphere Travel Initiative, in addition to the fees required
 2018  in paragraph (a), paragraph (b), paragraph (c), or paragraph
 2019  (f), may not exceed $30. The funds collected pursuant to this
 2020  paragraph shall be deposited into the Highway Safety Operating
 2021  Trust Fund to offset the cost of administration and materials
 2022  related to the issuance of the enhanced driver license or
 2023  identification card. The issuance of an enhanced driver license
 2024  or identification card is optional for all residents who are
 2025  otherwise qualified to be issued a Class A, B, C, or E driver
 2026  license or an identification card.
 2027         (j) The specialty driver license or identification card
 2028  issued pursuant to s. 322.1415 is $25, which is in addition to
 2029  other fees required in this section. The fee shall be
 2030  distributed as follows:
 2031         1.Fifty percent shall be distributed as provided in s.
 2032  320.08058 to the appropriate state or independent university,
 2033  professional sports team, or branch of the United States Armed
 2034  Forces.
 2035         2. Fifty percent shall be distributed to the department for
 2036  costs directly related to the specialty driver license and
 2037  identification card program and to defray the costs associated
 2038  with production enhancements and distribution.
 2039         Section 50. Subsection (2) of section 322.251, Florida
 2040  Statutes, is amended to read:
 2041         322.251 Notice of cancellation, suspension, revocation, or
 2042  disqualification of license.—
 2043         (2) The giving of notice and an order of cancellation,
 2044  suspension, revocation, or disqualification by mail is complete
 2045  upon expiration of 20 days after deposit in the United States
 2046  mail for all notices except those issued under chapter 324 or
 2047  ss. 627.733-627.734, which are complete 15 days after deposit in
 2048  the United States mail. Proof of the giving of notice and an
 2049  order of cancellation, suspension, revocation, or
 2050  disqualification in either such manner shall be made by entry in
 2051  the records of the department that such notice was given. The
 2052  Such entry is shall be admissible in the courts of this state
 2053  and constitutes shall constitute sufficient proof that such
 2054  notice was given.
 2055         Section 51. Section 322.27, Florida Statutes, is amended to
 2056  read:
 2057         322.27 Authority of department to suspend or revoke driver
 2058  license or identification card.—
 2059         (1) Notwithstanding any provisions to the contrary in
 2060  chapter 120, the department may is hereby authorized to suspend
 2061  the license of any person without preliminary hearing upon a
 2062  showing of its records or other sufficient evidence that the
 2063  licensee:
 2064         (a) Has committed an offense for which mandatory revocation
 2065  of license is required upon conviction. A law enforcement agency
 2066  must provide information to the department within 24 hours after
 2067  any traffic fatality or when the law enforcement agency
 2068  initiates action pursuant to s. 316.1933;
 2069         (b) Has been convicted of a violation of any traffic law
 2070  which resulted in a crash that caused the death or personal
 2071  injury of another or property damage in excess of $500;
 2072         (c) Is incompetent to drive a motor vehicle;
 2073         (d) Has permitted an unlawful or fraudulent use of the such
 2074  license or identification card or has knowingly been a party to
 2075  the obtaining of a license or identification card by fraud or
 2076  misrepresentation or to the display, or representation represent
 2077  as one’s own, of a driver any driver’s license or identification
 2078  card not issued him or her. Provided, however, no provision of
 2079  This section does not shall be construed to include the
 2080  provisions of s. 322.32(1);
 2081         (e) Has committed an offense in another state which, if
 2082  committed in this state, would be grounds for suspension or
 2083  revocation; or
 2084         (f) Has committed a second or subsequent violation of s.
 2085  316.172(1) within a 5-year period of any previous violation.
 2086         (2) The department shall suspend the license of any person
 2087  without preliminary hearing upon a showing of its records that
 2088  the licensee has been convicted in any court having jurisdiction
 2089  over offenses committed under this chapter or any other law of
 2090  this state regulating the operation of a motor vehicle on the
 2091  highways, upon direction of the court, when the court feels that
 2092  the seriousness of the offense and the circumstances surrounding
 2093  the conviction warrant the suspension of the licensee’s driving
 2094  privilege.
 2095         (3) There is established a point system for evaluation of
 2096  convictions of violations of motor vehicle laws or ordinances,
 2097  and violations of applicable provisions of s. 403.413(6)(b) when
 2098  such violations involve the use of motor vehicles, for the
 2099  determination of the continuing qualification of any person to
 2100  operate a motor vehicle. The department is authorized to suspend
 2101  the license of any person upon showing of its records or other
 2102  good and sufficient evidence that the licensee has been
 2103  convicted of violation of motor vehicle laws or ordinances, or
 2104  applicable provisions of s. 403.413(6)(b), amounting to 12 or
 2105  more points as determined by the point system. The suspension
 2106  shall be for a period of not more than 1 year.
 2107         (a) When a licensee accumulates 12 points within a 12-month
 2108  period, the period of suspension shall be for not more than 30
 2109  days.
 2110         (b) When a licensee accumulates 18 points, including points
 2111  upon which suspension action is taken under paragraph (a),
 2112  within an 18-month period, the suspension shall be for a period
 2113  of not more than 3 months.
 2114         (c) When a licensee accumulates 24 points, including points
 2115  upon which suspension action is taken under paragraphs (a) and
 2116  (b), within a 36-month period, the suspension shall be for a
 2117  period of not more than 1 year.
 2118         (d) The point system shall have as its basic element a
 2119  graduated scale of points assigning relative values to
 2120  convictions of the following violations:
 2121         1. Reckless driving, willful and wanton—4 points.
 2122         2. Leaving the scene of a crash resulting in property
 2123  damage of more than $50—6 points.
 2124         3. Unlawful speed resulting in a crash—6 points.
 2125         4. Passing a stopped school bus—4 points.
 2126         5. Unlawful speed:
 2127         a. Not in excess of 15 miles per hour of lawful or posted
 2128  speed—3 points.
 2129         b. In excess of 15 miles per hour of lawful or posted
 2130  speed—4 points.
 2131         6. A violation of a traffic control signal device as
 2132  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
 2133  However, no points shall be imposed for a violation of s.
 2134  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
 2135  stop at a traffic signal and when enforced by a traffic
 2136  infraction enforcement officer. In addition, a violation of s.
 2137  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
 2138  stop at a traffic signal and when enforced by a traffic
 2139  infraction enforcement officer may not be used for purposes of
 2140  setting motor vehicle insurance rates.
 2141         7. All other moving violations (including parking on a
 2142  highway outside the limits of a municipality)—3 points. However,
 2143  no points shall be imposed for a violation of s. 316.0741 or s.
 2144  316.2065(12); and points shall be imposed for a violation of s.
 2145  316.1001 only when imposed by the court after a hearing pursuant
 2146  to s. 318.14(5).
 2147         8. Any moving violation covered above, excluding unlawful
 2148  speed, resulting in a crash—4 points.
 2149         9. Any conviction under s. 403.413(6)(b)—3 points.
 2150         10. Any conviction under s. 316.0775(2)—4 points.
 2151         (e) A conviction in another state of a violation therein
 2152  which, if committed in this state, would be a violation of the
 2153  traffic laws of this state, or a conviction of an offense under
 2154  any federal law substantially conforming to the traffic laws of
 2155  this state, except a violation of s. 322.26, may be recorded
 2156  against a driver on the basis of the same number of points
 2157  received had the conviction been made in a court of this state.
 2158         (f) In computing the total number of points, when the
 2159  licensee reaches the danger zone, the department is authorized
 2160  to send the licensee a warning letter advising that any further
 2161  convictions may result in suspension of his or her driving
 2162  privilege.
 2163         (g) The department shall administer and enforce the
 2164  provisions of this law and may make rules and regulations
 2165  necessary for its administration.
 2166         (h) Three points shall be deducted from the driver history
 2167  record of any person whose driving privilege has been suspended
 2168  only once pursuant to this subsection and has been reinstated,
 2169  if such person has complied with all other requirements of this
 2170  chapter.
 2171         (i) This subsection does shall not apply to persons
 2172  operating a nonmotorized vehicle for which a driver driver’s
 2173  license is not required.
 2174         (4) The department, in computing the points and period of
 2175  time for suspensions under this section, shall use the offense
 2176  date of all convictions.
 2177         (5) The department shall revoke the license of any person
 2178  designated a habitual offender, as set forth in s. 322.264, and
 2179  such person is shall not be eligible to be relicensed for a
 2180  minimum of 5 years from the date of revocation, except as
 2181  provided for in s. 322.271. Any person whose license is revoked
 2182  may, by petition to the department, show cause why his or her
 2183  license should not be revoked.
 2184         (6) The department shall revoke the driving privilege of
 2185  any person who is convicted of a felony for the possession of a
 2186  controlled substance if, at the time of such possession, the
 2187  person was driving or in actual physical control of a motor
 2188  vehicle. A person whose driving privilege has been revoked
 2189  pursuant to this subsection is shall not be eligible to receive
 2190  a limited business or employment purpose license during the term
 2191  of such revocation.
 2192         (7) Review of an order of suspension or revocation shall be
 2193  by writ of certiorari as provided in s. 322.31.
 2194         Section 52. Subsection (2) of section 322.53, Florida
 2195  Statutes, is amended to read:
 2196         322.53 License required; exemptions.—
 2197         (2) The following persons are exempt from the requirement
 2198  to obtain a commercial driver driver’s license:
 2199         (a) Drivers of authorized emergency vehicles.
 2200         (b) Military personnel driving vehicles operated for
 2201  military purposes.
 2202         (c) Farmers transporting agricultural products, farm
 2203  supplies, or farm machinery to or from their farms and within
 2204  150 miles of their farms farm, if the vehicle operated under
 2205  this exemption is not used in the operations of a common or
 2206  contract motor carrier or transporting agricultural products to
 2207  or from the first place of storage or processing or directly to
 2208  or from market, within 150 miles of their farm.
 2209         (d) Drivers of recreational vehicles, as defined in s.
 2210  320.01.
 2211         (e) Drivers who operate straight trucks, as defined in s.
 2212  316.003, and who that are exclusively transporting exclusively
 2213  their own tangible personal property, which is not for sale.
 2214         (f) Employees An employee of a publicly owned transit
 2215  system who are is limited to moving vehicles for maintenance or
 2216  parking purposes exclusively within the restricted-access
 2217  confines of a transit system’s property.
 2218         Section 53. Subsection (5) is added to section 322.54,
 2219  Florida Statutes, to read:
 2220         322.54 Classification.—
 2221         (5) The required driver license classification of any
 2222  person operating a commercial motor vehicle that does not have a
 2223  gross vehicle weight rating plate or a vehicle identification
 2224  number shall be determined by the actual weight of the vehicle.
 2225         Section 54. Section 322.58, Florida Statutes, is repealed.
 2226         Section 55. Section 322.59, Florida Statutes, is amended to
 2227  read:
 2228         322.59 Possession of medical examiner’s certificate.—
 2229         (1) The department may shall not issue a commercial driver
 2230  driver’s license to a any person who is required by the laws of
 2231  this state or by federal law to possess a medical examiner’s
 2232  certificate, unless the such person presents a valid
 2233  certificate, as described in 49 C.F.R. s. 383.71, before prior
 2234  to licensure.
 2235         (2) The department shall disqualify a driver from operating
 2236  a commercial motor vehicle if the driver holds a commercial
 2237  driver license and fails to comply with the medical
 2238  certification requirements in 49 C.F.R. s. 383.71 This section
 2239  does not expand the requirements as to who must possess a
 2240  medical examiner’s certificate.
 2241         (3) A person who is disqualified from operating a
 2242  commercial motor vehicle under this section may, if otherwise
 2243  qualified, be issued a Class E driver license pursuant to s.
 2244  322.251.
 2245         Section 56. Subsection (5) of section 322.61, Florida
 2246  Statutes, is amended to read:
 2247         322.61 Disqualification from operating a commercial motor
 2248  vehicle.—
 2249         (5) A Any person who is convicted of two violations
 2250  specified in subsection (3) which were committed while operating
 2251  a commercial motor vehicle, or any combination thereof, arising
 2252  in separate incidents shall be permanently disqualified from
 2253  operating a commercial motor vehicle. A Any holder of a
 2254  commercial driver driver’s license who is convicted of two
 2255  violations specified in subsection (3) which were committed
 2256  while operating a noncommercial motor vehicle, or any
 2257  combination thereof, arising in separate incidents shall be
 2258  permanently disqualified from operating a commercial motor
 2259  vehicle. The penalty provided in this subsection is in addition
 2260  to any other applicable penalty.
 2261         Section 57. Subsection (1) of section 324.072, Florida
 2262  Statutes, is amended to read:
 2263         324.072 Proof required upon certain convictions.—
 2264         (1) Upon the suspension or revocation of a license pursuant
 2265  to the provisions of s. 322.26 or s. 322.27, the department
 2266  shall suspend the registration for all motor vehicles registered
 2267  in the name of the licensee such person, either individually or
 2268  jointly with another. However, the department may, except that
 2269  it shall not suspend the such registration, unless otherwise
 2270  required by law, if the such person had insurance coverage
 2271  limits required under s. 324.031 on the date of the latest
 2272  offense that caused the suspension or revocation, or has
 2273  previously given or shall immediately give, and thereafter
 2274  maintain, proof of financial responsibility with respect to all
 2275  motor vehicles registered by the such person, in accordance with
 2276  this chapter.
 2277         Section 58. Subsection (1) of section 324.091, Florida
 2278  Statutes, is amended to read:
 2279         324.091 Notice to department; notice to insurer.—
 2280         (1) Each owner and operator involved in a crash or
 2281  conviction case within the purview of this chapter shall furnish
 2282  evidence of automobile liability insurance, motor vehicle
 2283  liability insurance, or surety bond within 14 30 days after from
 2284  the date of the mailing of notice of crash by the department in
 2285  the such form and manner as it may designate. Upon receipt of
 2286  evidence that an automobile liability policy, motor vehicle
 2287  liability policy, or surety bond was in effect at the time of
 2288  the crash or conviction case, the department shall forward by
 2289  United States mail, postage prepaid, to the insurer or surety
 2290  insurer a copy of such information and shall assume that the
 2291  such policy or bond was in effect, unless the insurer or surety
 2292  insurer notifies shall notify the department otherwise within 20
 2293  days after from the mailing of the notice to the insurer or
 2294  surety insurer. However,; provided that if the department shall
 2295  later determines ascertain that an automobile liability policy,
 2296  motor vehicle liability policy, or surety bond was not in effect
 2297  and did not provide coverage for both the owner and the
 2298  operator, it shall at such time take such action as it is
 2299  otherwise authorized to do under this chapter. Proof of mailing
 2300  to the insurer or surety insurer may be made by the department
 2301  by naming the insurer or surety insurer to whom the such mailing
 2302  was made and by specifying the time, place, and manner of
 2303  mailing.
 2304         Section 59. Subsection (5) of section 328.15, Florida
 2305  Statutes, is amended to read:
 2306         328.15 Notice of lien on vessel; recording.—
 2307         (5)(a) The Department of Highway Safety and Motor Vehicles
 2308  shall adopt make such rules to administer and regulations as it
 2309  deems necessary or proper for the effective administration of
 2310  this section law. The department may by rule require that a
 2311  notice of satisfaction of a lien be notarized. The department
 2312  shall prepare the forms of the notice of lien and the
 2313  satisfaction of lien to be supplied, at a charge not to exceed
 2314  50 percent more than cost, to applicants for recording the liens
 2315  or satisfactions and shall keep a record of such notices of lien
 2316  and satisfactions available for inspection by the public at all
 2317  reasonable times. The division may is authorized to furnish
 2318  certified copies of such satisfactions for a fee of $1, which
 2319  are certified copies shall be admissible in evidence in all
 2320  courts of this state under the same conditions and to the same
 2321  effect as certified copies of other public records.
 2322         (b) The department shall establish and administer an
 2323  electronic titling program that requires the recording of
 2324  vehicle title information for new, transferred, and corrected
 2325  certificates of title. Lienholders shall electronically transmit
 2326  liens and lien satisfactions to the department in a format
 2327  determined by the department. Individuals and lienholders who
 2328  the department determines are not normally engaged in the
 2329  business or practice of financing vehicles are not required to
 2330  participate in the electronic titling program.
 2331         Section 60. Subsection (4) of section 328.16, Florida
 2332  Statutes, is amended to read:
 2333         328.16 Issuance in duplicate; delivery; liens and
 2334  encumbrances.—
 2335         (4) Notwithstanding any requirements in this section or in
 2336  s. 328.15 indicating that a lien on a vessel shall be noted on
 2337  the face of the Florida certificate of title, if there are one
 2338  or more liens or encumbrances on a vessel, the department shall
 2339  may electronically transmit the lien to the first lienholder and
 2340  notify the first lienholder of any additional liens. Subsequent
 2341  lien satisfactions shall may be electronically transmitted to
 2342  the department and must shall include the name and address of
 2343  the person or entity satisfying the lien. When electronic
 2344  transmission of liens and lien satisfactions are used, the
 2345  issuance of a certificate of title may be waived until the last
 2346  lien is satisfied and a clear certificate of title is issued to
 2347  the owner of the vessel.
 2348         Section 61. Section 328.30, Florida Statutes, is amended to
 2349  read:
 2350         328.30 Transactions by electronic or telephonic means.—
 2351         (1) The department may is authorized to accept an any
 2352  application provided for under this chapter by electronic or
 2353  telephonic means.
 2354         (2) The department may issue an electronic certificate of
 2355  title in lieu of printing a paper title.
 2356         (3) The department may collect electronic mail addresses
 2357  and use electronic mail in lieu of the United States Postal
 2358  Service for the purpose of providing renewal notices.
 2359         Section 62. Paragraph (f) of subsection (13) of section
 2360  713.78, Florida Statutes, is amended to read:
 2361         713.78 Liens for recovering, towing, or storing vehicles
 2362  and vessels.—
 2363         (13)
 2364         (f) This subsection applies only to the annual renewal in
 2365  the registered owner’s birth month of a motor vehicle
 2366  registration and does not apply to the transfer of a
 2367  registration of a motor vehicle sold by a motor vehicle dealer
 2368  licensed under chapter 320, except for the transfer of
 2369  registrations which includes is inclusive of the annual
 2370  renewals. This subsection does not apply to any vehicle
 2371  registered in the name of the lessor. This subsection does not
 2372  affect the issuance of the title to a motor vehicle,
 2373  notwithstanding s. 319.23(8)(b) s. 319.23(7)(b).
 2374         Section 63. Except as otherwise expressly provided in this
 2375  act and except for this section, which shall take effect upon
 2376  this act becoming a law, this act shall take effect October 1,
 2377  2012.