Florida Senate - 2012 CS for CS for SB 1122
By the Committees on Budget; and Transportation; and Senator
Latvala
576-04297B-12 20121122c2
1 A bill to be entitled
2 An act relating to highway safety and motor vehicles;
3 amending s. 20.24, F.S.; renaming the Office of Motor
4 Carrier Compliance within the Division of the Florida
5 Highway Patrol as the “Office of Commercial Vehicle
6 Enforcement”; amending s. 316.003, F.S.; revising the
7 definition of the term “motor vehicle” to exclude
8 swamp buggies; defining the terms “swamp buggy” and
9 “road rage”; amending s. 316.0083, F.S.; providing for
10 the dismissal of a uniform traffic citation for
11 failure to stop at a red light when the motor vehicle
12 owner is deceased and an affidavit with specified
13 supporting documents is filed with the issuing agency;
14 amending s. 316.1303, F.S.; authorizing a person who
15 is mobility impaired to use a motorized wheelchair to
16 temporarily leave the sidewalk and use the roadway
17 under certain circumstances; authorizing a law
18 enforcement officer to issue only a verbal warning to
19 such person; amending s. 316.183, F.S.; revising a
20 provision that prohibits a school bus from exceeding
21 the posted speed limits; amending s. 316.2065, F.S.;
22 revising safety standard requirements for bicycle
23 helmets that must be worn by certain riders and
24 passengers; revising requirements for a bicycle
25 operator to ride in a bicycle lane or along the curb
26 or edge of the roadway; providing for enforcement of
27 requirements for bicycle lighting equipment; providing
28 penalties for violations; providing for dismissal of
29 the charge following a first offense under certain
30 circumstances; amending s. 316.2085, F.S.; requiring
31 that the license tag of a motorcycle or moped remain
32 clearly visible from the rear at all times;
33 prohibiting deliberate acts to conceal or obscure the
34 license tag; removing a condition requiring an affixed
35 transponder for a motorcycle or moped license plate
36 that reads from top to bottom and is affixed
37 perpendicular to the ground; providing penalties;
38 amending s. 316.2126, F.S.; authorizing municipalities
39 to use golf carts and utility vehicles to cross the
40 State Highway System and operate on sidewalks adjacent
41 to state highways under certain circumstances;
42 creating s. 316.2129, F.S.; authorizing the operation
43 of swamp buggies on a public road, highway, or street
44 if a local governmental entity has designated the
45 public road, highway, or street for such use;
46 providing that the authorization does not apply to the
47 State Highway System; authorizing the operation of
48 swamp buggies on land managed, owned, or leased by a
49 state or federal agency; amending s. 316.2397, F.S.;
50 providing an exception to the prohibition against
51 flashing vehicle lights for motorists who
52 intermittently flash the vehicle’s headlamps at an
53 oncoming vehicle, regardless of the intent in doing
54 so, and for persons operating bicycles equipped with
55 lamps; amending s. 316.302, F.S.; requiring owners or
56 drivers of commercial motor vehicles that are engaged
57 in intrastate commerce to be subject to specified
58 federal rules and regulations as such rules and
59 regulations existed on a certain date; providing that
60 certain restrictions on the number of consecutive
61 hours that a commercial motor vehicle may operate do
62 not apply to a farm labor vehicle operated during a
63 state of emergency or during an emergency pertaining
64 to agriculture; correcting terminology; amending s.
65 316.3026, F.S., relating to unlawful operation of
66 motor carriers; conforming provisions to changes made
67 by the act; amending s. 316.613, F.S., relating to
68 requirements for the operator of a vehicle to use
69 child restraints; providing that such provisions do
70 not apply to certain for-hire vehicles; providing for
71 the obligation of a parent, guardian, or other person
72 responsible for a child’s welfare to comply with the
73 requirements; amending s. 316.6135, F.S.; revising the
74 criteria under which a child may not be left
75 unattended in a vehicle; providing penalties; amending
76 s. 316.655, F.S.; providing that a driver convicted of
77 a violation of certain offenses relating to motor
78 vehicles which resulted in an accident may have his or
79 her driving privileges revoked or suspended; amending
80 s. 318.14, F.S.; authorizing a person who does not
81 hold a commercial driver license and who is cited for
82 a noncriminal traffic infraction while driving a
83 noncommercial motor vehicle to elect to attend a basic
84 driver improvement course in lieu of a court
85 appearance; authorizing a person who does not hold a
86 commercial driver license and who is cited for certain
87 offenses while driving a noncommercial motor vehicle
88 to elect to enter a plea of nolo contendere and to
89 provide proof of compliance in lieu of payment of fine
90 or court appearance; amending s. 318.1451, F.S.;
91 revising provisions relating to driver improvement
92 schools and education programs for driver license
93 applicants; requiring the curricula of such programs
94 to include instruction on the risks associated with
95 using a handheld electronic communication device while
96 operating a motor vehicle; amending s. 318.15, F.S.;
97 providing that a person charged with a traffic
98 infraction may request a hearing within a specified
99 period after the date upon which the violation
100 occurred; requiring that the clerk set the case for
101 hearing; providing exceptions to the time period for
102 requesting a hearing; authorizing the court to grant a
103 request for a hearing made after the time period has
104 expired; amending s. 318.18, F.S., relating to
105 penalties and disposition of penalties; conforming a
106 cross-reference; specifying the amount of the fine and
107 the allocation of moneys received from the increased
108 fine imposed for aggressive careless driving; amending
109 s. 318.21, F.S.; conforming a cross-reference;
110 amending s. 319.14, F.S.; prohibiting the sale or
111 exchange of custom vehicles or street rod vehicles
112 under certain conditions; providing definitions;
113 amending s. 319.23, F.S.; requiring that the
114 application for a certificate of title, corrected
115 certificate, or assignment or reassignment be filed
116 within a certain time period after the consummation of
117 the sale of a mobile home; authorizing the department
118 to accept a bond and affidavit if the applicant for a
119 certificate of title is unable to provide a title that
120 assigns the prior owner’s interest in the motor
121 vehicle; providing requirements for the bond and the
122 affidavit; providing that an interested person has a
123 right to recover on the bond; limiting liability to
124 the amount of the bond; providing for future
125 expiration of the bond; amending s. 319.24, F.S.;
126 requiring that the department electronically transmit
127 a lien to the first lienholder and notify the first
128 lienholder of any additional liens if there are one or
129 more lien encumbrances on a motor vehicle or mobile
130 home; requiring that subsequent lien satisfactions be
131 transmitted electronically to the department; amending
132 s. 319.27, F.S.; requiring that the department
133 establish and administer an electronic titling
134 program; requiring the electronic recording of vehicle
135 title information for new, transferred, and corrected
136 certificates of title; requiring that lienholders
137 electronically transmit liens and lien satisfactions
138 to the department; providing exceptions; amending s.
139 319.28, F.S.; providing that a dealer of certain farm
140 or industrial equipment is not subject to licensure as
141 a recovery agent or agency under certain conditions;
142 amending s. 319.30, F.S.; authorizing the department
143 to adopt rules to implement an electronic system for
144 issuing salvage certificates of title and certificates
145 of destruction; amending s. 319.40, F.S.; authorizing
146 the department to issue an electronic certificate of
147 title in lieu of printing a paper title and to collect
148 electronic mail addresses and use electronic mail as a
149 notification method in lieu of the United States
150 Postal Service; providing an exception; amending s.
151 320.01, F.S.; revising the definition of the term
152 “motor vehicle” to exclude special mobile equipment
153 and swamp buggies; defining the term “swamp buggy”;
154 amending s. 320.02, F.S.; providing that an active
155 duty member of the Armed Forces of the United States
156 is exempt from the requirement to provide an address
157 on an application for vehicle registration; revising
158 provisions relating to the registration of a motor
159 carrier who operates a commercial motor vehicle
160 without liability insurance, a surety bond, or a valid
161 self-insurance certificate; providing that the
162 registration shall be canceled on the expiration date
163 noted in the cancellation notice that the department
164 receives from the insurer; requiring that the insurer
165 provide notice to the department at the same time the
166 cancellation notice is provided to the insured;
167 authorizing the department to adopt rules regarding
168 the electronic submission of the cancellation notice;
169 removing a provision that prohibits cancellation of
170 liability insurance or surety bond on less than 30
171 days’ notice to the department; requiring the
172 application forms for motor vehicle registration and
173 renewal of registration to include language permitting
174 the applicant to make certain voluntary contributions
175 to specified not-for-profit entities; providing that
176 such contributions are not income for specified
177 purposes; requiring that the department retain all
178 electronic registration records for a specified
179 period; amending s. 320.03, F.S.; conforming a cross
180 reference; amending s. 320.06, F.S.; authorizing the
181 department to conduct a pilot program to evaluate the
182 designs, concepts, and technologies for alternative
183 license plates; requiring that the department
184 investigate the feasibility and use of alternative
185 license plate technologies and the long-term cost
186 impact to the consumer for purposes of the pilot
187 program; requiring limiting the scope of the pilot
188 program to license plates that are used on government
189 owned motor vehicles; providing an exemption for such
190 license plates from certain requirements; providing
191 that license plates issued under ch. 320, F.S., are
192 the property of the state; amending s. 320.0605, F.S.;
193 revising provisions relating to a requirement that
194 rental or lease documentation be in the possession of
195 an operator of a motor vehicle; providing specified
196 information sufficient to satisfy this requirement;
197 amending s. 320.061, F.S.; prohibiting a person from
198 altering the original appearance of a temporary
199 license plate; amending s. 320.07, F.S.; revising
200 provisions relating to the expiration of a
201 registration of a motor vehicle or mobile home;
202 providing that the registration for a motor vehicle or
203 mobile home whose owner is a natural person expires at
204 midnight on the owner’s birthday; amending s.
205 320.08056, F.S.; increasing the annual use fee for the
206 Tampa Bay Estuary license plate; amending s.
207 320.08058, F.S.; providing that up to 15 percent of
208 the proceeds from the annual use fees for the Florida
209 Golf license plate may be used by the Dade Amateur
210 Golf Association for the administration of the Florida
211 Junior Golf Program; amending s. 320.08068, F.S.;
212 revising provisions relating to the use of funds
213 received from the sale of motorcycle specialty license
214 plates; deleting a provision that requires that 20
215 percent of the annual fee collected for such plates be
216 used to leverage additional funding and new sources of
217 revenue for the centers for independent living;
218 amending s. 320.0848, F.S.; revising the requirements
219 for the deposit of fee proceeds from temporary
220 disabled parking permits; requiring that certain
221 proceeds be deposited into the Florida Endowment
222 Foundation for Vocational Rehabilitation, instead of
223 the Florida Governor’s Alliance for the Employment of
224 Disabled Citizens; amending s. 320.089, F.S.;
225 providing for the issuance of a Combat Infantry Badge
226 license plate and a Vietnam War Veterans license
227 plate; providing qualifications and requirements for
228 the plate; amending s. 320.13, F.S.; authorizing a
229 dealer of heavy trucks, upon payment of a license tax,
230 to secure one or more dealer license plates under
231 certain circumstances; providing that the license
232 plates may be used for demonstration purposes for a
233 specified period; requiring that the license plates be
234 validated on a form prescribed by the department and
235 be retained in the vehicle being operated; amending s.
236 320.15, F.S.; providing that an owner of a motor
237 vehicle or mobile home may apply for a refund of
238 certain license taxes if the owner renews a
239 registration during the advanced renewal period and
240 surrenders the motor vehicle or mobile home license
241 plate before the end of the renewal period; amending
242 s. 320.27, F.S.; providing an exemption for salvage
243 motor vehicle dealers from certain application and
244 security requirements; amending s. 320.771, F.S.;
245 revising the definition of the term “dealer”; amending
246 s. 320.95, F.S.; authorizing the department to collect
247 electronic mail addresses and use electronic mail for
248 the purpose of providing renewal notices in lieu of
249 the United States Postal Service; amending s.
250 322.0261, F.S.; revising provisions relating to driver
251 improvement schools and education programs for driver
252 license applicants to conform to changes made by the
253 act; amending s. 322.04, F.S.; revising provisions
254 exempting a nonresident from the requirement to obtain
255 a driver license under certain circumstances; amending
256 s. 322.051, F.S.; revising requirements by which an
257 applicant for an identification card may prove
258 nonimmigrant classification; clarifying the validity
259 of an identification card based on specified
260 documents; authorizing the department to require
261 additional documentation to establish the maintenance
262 of, or efforts to maintain, continuous lawful
263 presence; providing for the department to waive the
264 fee for issuing or renewing an identification card to
265 a person who is homeless; amending s. 322.058, F.S.;
266 conforming a cross-reference; amending s. 322.065,
267 F.S.; revising provisions relating to a person whose
268 driver license has expired for 6 months or less and
269 who drives a motor vehicle; amending s. 322.07, F.S.;
270 revising provisions relating to temporary commercial
271 instruction permits; amending s. 322.08, F.S.;
272 revising provisions relating to an application for a
273 driver license or temporary permit; requiring that
274 applicants prove nonimmigrant classification by
275 providing certain documentation; authorizing the
276 department to require additional documentation to
277 establish the maintenance of, or efforts to maintain,
278 continuous lawful presence; revising the length of
279 time a license is valid when issuance is based on
280 documentation required under specified provisions;
281 requiring the application forms for an original,
282 renewal, or replacement driver license to include
283 language permitting the applicant to make certain
284 voluntary contributions to specified not-for-profit
285 entities; authorizing the department to collect
286 electronic mail addresses and use electronic mail for
287 the purpose of providing renewal notices in lieu of
288 the United States Postal Service; amending s. 322.095,
289 F.S.; revising provisions relating to driver
290 improvement schools and education programs for driver
291 license applicants to conform to changes made by the
292 act; amending s. 322.121, F.S.; conforming a provision
293 relating to Safe Driver designation; revising
294 provisions authorizing the automatic extension of a
295 license for members of the Armed Forces of the United
296 States or their dependents while serving on active
297 duty outside the state; amending s. 322.14, F.S.;
298 deleting a requirement that a qualified driver license
299 applicant appear in person for issuance of a color
300 photographic or digital imaged driver license;
301 creating s. 322.1415, F.S.; authorizing the department
302 to issue a specialty driver license or identification
303 card to qualified applicants; specifying that, at a
304 minimum, the specialty driver licenses and
305 identification cards must be available for certain
306 state and independent universities and professional
307 sports teams and all of the branches of the Armed
308 Forces of the United States; requiring that the
309 department approve the design of each specialty driver
310 license and identification card; providing for future
311 expiration; amending s. 322.142, F.S.; providing
312 district medical examiners access to driver
313 information maintained in the Driver and Vehicle
314 Information Database for a specified purpose; creating
315 s. 322.145, F.S.; requiring that the department
316 implement a system providing for the electronic
317 authentication of driver licenses; providing criteria
318 for a security token for electronic authenticity;
319 requiring that the department enter into a contract
320 for implementation of the electronic authentication;
321 providing contract requirements; amending s. 322.19,
322 F.S.; providing that certain persons who have a valid
323 student identification card are presumed not to have
324 changed their legal residence or mailing address;
325 amending s. 322.21, F.S.; revising provisions relating
326 to license fees; prohibiting the fee for an original
327 or renewal of an enhanced driver license or
328 identification card from exceeding a specified amount;
329 requiring that the funds collected from such fee be
330 deposited into the Highway Safety Operating Trust
331 Fund; providing that the issuance of an enhanced
332 driver license or identification card is optional for
333 certain qualified residents; providing for the
334 distribution of funds collected from the specialty
335 driver license and identification card fees; amending
336 s. 322.251, F.S.; providing that certain notices of
337 cancellation, suspension, revocation, or
338 disqualification of a driver license are complete
339 within a specified period after deposit in the mail;
340 amending s. 322.27, F.S.; revising the department’s
341 authority to suspend or revoke licenses or
342 identification cards under certain circumstances;
343 repealing s. 322.292(5), F.S., relating to private
344 probation services providers referring probationers to
345 any DUI program owned in whole or in part by that
346 probation services provider or its affiliates;
347 amending s. 322.53, F.S.; revising an exemption from
348 the requirement to obtain a commercial driver license
349 for farmers transporting agricultural products, farm
350 supplies, or farm machinery under certain
351 circumstances; providing that such exemption applies
352 if the vehicle is not used in the operations of a
353 common or contract motor carrier; amending s. 322.54,
354 F.S.; requiring that persons who drive a motor vehicle
355 having a gross vehicle weight rating or gross vehicle
356 weight of a specified amount or more possess certain
357 classifications of driver licenses; repealing s.
358 322.58, F.S., relating to holders of chauffeur
359 licenses and the classified licensure of commercial
360 motor vehicle drivers; amending s. 322.59, F.S.;
361 revising provisions relating to the possession of a
362 medical examiner’s certificate; requiring that the
363 department disqualify a driver from operating a
364 commercial motor vehicle if the driver holds a
365 commercial driver license and fails to comply with the
366 medical certification requirements; authorizing the
367 department to issue, under certain circumstances, a
368 Class E driver license to a person who is disqualified
369 from operating a commercial motor vehicle; amending s.
370 322.61, F.S.; revising provisions relating to the
371 disqualification from operating a commercial motor
372 vehicle; providing that any holder of a commercial
373 driver license who is convicted of two violations
374 committed while operating any motor vehicle is
375 permanently disqualified from operating a commercial
376 motor vehicle; amending s. 323.002, F.S.; providing
377 that an unauthorized wrecker operator’s wrecker, tow
378 truck, or other motor vehicle used during certain
379 offenses may be immediately removed and impounded;
380 requiring that an unauthorized wrecker operator
381 disclose in writing to the owner or operator of a
382 motor vehicle certain information; requiring that the
383 unauthorized wrecker operator also provide a copy of
384 the disclosure to the owner or operator in the
385 presence of a law enforcement officer if at the scene
386 of a motor vehicle accident; authorizing a law
387 enforcement officer from a local governmental agency
388 or state law enforcement agency to cause to be removed
389 and impounded from the scene of a wrecked or disabled
390 vehicle an unauthorized wrecker, tow truck, or other
391 motor vehicle; authorizing the authority that caused
392 the removal and impoundment to assess a cost recovery
393 fine; requiring a release form; requiring that the
394 wrecker, tow truck, or other motor vehicle remain
395 impounded until the fine has been paid; providing the
396 amounts for the cost recovery fine for first-time and
397 subsequent violations; requiring that the unauthorized
398 wrecker operator pay the fees associated with the
399 removal and storage of the wrecker, tow truck, or
400 other motor vehicle; amending s. 324.072, F.S.;
401 prohibiting the department from suspending a
402 registration of a motor vehicle if the person to whom
403 the motor vehicle is registered had certain limits on
404 the date of the offense that caused the suspension or
405 revocation; amending s. 324.091, F.S.; revising the
406 period within which an owner or operator involved in a
407 crash must furnish evidence of automobile liability
408 insurance, motor vehicle liability insurance, or
409 surety bond; amending s. 328.15, F.S.; requiring that
410 the department establish and administer an electronic
411 titling program that requires the recording of vessel
412 title information for new, transferred, and corrected
413 certificates of title; requiring that lienholders
414 electronically transmit liens and lien satisfactions
415 to the department; providing exceptions; amending s.
416 328.16, F.S.; requiring that the department
417 electronically transmit a lien to the first lienholder
418 and notify such lienholder of any additional liens;
419 requiring that subsequent lien satisfactions be
420 electronically transmitted to the department; amending
421 s. 328.30, F.S.; authorizing the department to issue
422 an electronic certificate of title in lieu of printing
423 a paper title; authorizing the department to collect
424 electronic mail addresses and use electronic mail for
425 the purpose of providing renewal notices in lieu of
426 the United States Postal Service; amending s. 520.32,
427 F.S.; providing an exemption to specified licensing
428 requirements for motor vehicle dealers licensed under
429 specified provisions; providing for application of the
430 exemption; amending s. 713.78, F.S.; conforming a
431 cross-reference; amending s. 316.083, F.S.; requiring
432 an operator of a motor vehicle to yield the left lane
433 when being overtaken on a multilane highway; providing
434 exceptions; amending s. 316.1923, F.S.; revising the
435 number of specified acts necessary to qualify as an
436 aggressive careless driver; providing specified
437 punishments for aggressive careless driving, including
438 imposition of an increased fine; reenacting s.
439 316.650(1)(a), F.S., relating to traffic citations, to
440 incorporate the amendments made to s. 316.1923, F.S.,
441 in a reference thereto; amending s. 318.121, F.S.;
442 revising the preemption of additional fees, fines,
443 surcharges, and court costs to allow imposition of the
444 increased fine for aggressive careless driving;
445 amending s. 318.19, F.S.; providing that a second or
446 subsequent infraction as an aggressive careless driver
447 requires attendance at a mandatory hearing; providing
448 a short title; requiring the Department of Highway
449 Safety and Motor Vehicles to provide information about
450 the Highway Safety Act in driver’s license educational
451 materials; providing legislative intent and findings;
452 providing effective dates.
453
454 Be It Enacted by the Legislature of the State of Florida:
455
456 Section 1. Subsection (3) of section 20.24, Florida
457 Statutes, is amended to read:
458 20.24 Department of Highway Safety and Motor Vehicles.
459 There is created a Department of Highway Safety and Motor
460 Vehicles.
461 (3) The Office of Commercial Vehicle Enforcement Motor
462 Carrier Compliance is established within the Division of the
463 Florida Highway Patrol.
464 Section 2. Subsection (21) of section 316.003, Florida
465 Statutes, is amended, and subsections (89) and (90) are added to
466 that section, to read:
467 316.003 Definitions.—The following words and phrases, when
468 used in this chapter, shall have the meanings respectively
469 ascribed to them in this section, except where the context
470 otherwise requires:
471 (21) MOTOR VEHICLE.—A Any self-propelled vehicle not
472 operated upon rails or guideway, but not including any bicycle,
473 motorized scooter, electric personal assistive mobility device,
474 swamp buggy, or moped.
475 (89) SWAMP BUGGY.—A motorized off-road vehicle that is
476 designed or modified to travel over swampy or varied terrain and
477 that may use large tires or tracks operated from an elevated
478 platform. The term does not include any vehicle defined in
479 chapter 261 or otherwise defined or classified in this chapter.
480 (90) ROAD RAGE.—The act of a driver or passenger to
481 intentionally or unintentionally, due to a loss of emotional
482 control, injure or kill another driver, passenger, bicyclist, or
483 pedestrian, or to attempt or threaten to injure or kill another
484 driver, passenger, bicyclist, or pedestrian.
485 Section 3. Paragraph (d) of subsection (1) of section
486 316.0083, Florida Statutes, is amended to read:
487 316.0083 Mark Wandall Traffic Safety Program;
488 administration; report.—
489 (1)
490 (d)1. The owner of the motor vehicle involved in the
491 violation is responsible and liable for paying the uniform
492 traffic citation issued for a violation of s. 316.074(1) or s.
493 316.075(1)(c)1. when the driver failed to stop at a traffic
494 signal, unless the owner can establish that:
495 a. The motor vehicle passed through the intersection in
496 order to yield right-of-way to an emergency vehicle or as part
497 of a funeral procession;
498 b. The motor vehicle passed through the intersection at the
499 direction of a law enforcement officer;
500 c. The motor vehicle was, at the time of the violation, in
501 the care, custody, or control of another person; or
502 d. A uniform traffic citation was issued by a law
503 enforcement officer to the driver of the motor vehicle for the
504 alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.
505 e. The motor vehicle’s owner was deceased on or before the
506 date that the uniformed traffic citation was issued, as
507 established by an affidavit submitted by the representative of
508 the motor vehicle owner’s estate or other designated person or
509 family member.
510 2. In order to establish such facts, the owner of the motor
511 vehicle shall, within 30 days after the date of issuance of the
512 traffic citation, furnish to the appropriate governmental entity
513 an affidavit setting forth detailed information supporting an
514 exemption as provided in this paragraph.
515 a. An affidavit supporting an exemption under sub
516 subparagraph 1.c. must include the name, address, date of birth,
517 and, if known, the driver driver’s license number of the person
518 who leased, rented, or otherwise had care, custody, or control
519 of the motor vehicle at the time of the alleged violation. If
520 the vehicle was stolen at the time of the alleged offense, the
521 affidavit must include the police report indicating that the
522 vehicle was stolen.
523 b. If a traffic citation for a violation of s. 316.074(1)
524 or s. 316.075(1)(c)1. was issued at the location of the
525 violation by a law enforcement officer, the affidavit must
526 include the serial number of the uniform traffic citation.
527 c. If the motor vehicle’s owner to whom a traffic citation
528 has been issued is deceased, the affidavit must include a
529 certified copy of the owner’s death certificate showing that the
530 date of death occurred on or before the issuance of the uniform
531 traffic citation and one of the following:
532 (I) A bill of sale or other document showing that the
533 deceased owner’s motor vehicle was sold or transferred after his
534 or her death, but on or before the date of the alleged
535 violation;
536 (II) Documentary proof that the registered license plate
537 belonging to the deceased owner’s vehicle was turned into the
538 department or agent of the department, but on or before the date
539 of the alleged violation; or
540 (III) A copy of a police report showing that the deceased
541 owner’s registered license plate or motor vehicle was stolen
542 after the owner’s death, but on or before the date of the
543 alleged violation.
544
545 Upon receipt of the affidavit and documentation required under
546 this sub-subparagraph, the governmental entity must dismiss the
547 citation and provide proof of the dismissal to the person that
548 submitted the affidavit.
549 3. Upon receipt of an affidavit, the person designated as
550 having care, custody, and control of the motor vehicle at the
551 time of the violation may be issued a traffic citation for a
552 violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
553 failed to stop at a traffic signal. The affidavit is admissible
554 in a proceeding pursuant to this section for the purpose of
555 providing proof that the person identified in the affidavit was
556 in actual care, custody, or control of the motor vehicle. The
557 owner of a leased vehicle for which a traffic citation is issued
558 for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the
559 driver failed to stop at a traffic signal is not responsible for
560 paying the traffic citation and is not required to submit an
561 affidavit as specified in this subsection if the motor vehicle
562 involved in the violation is registered in the name of the
563 lessee of such motor vehicle.
564 4. The submission of a false affidavit is a misdemeanor of
565 the second degree, punishable as provided in s. 775.082 or s.
566 775.083.
567 Section 4. Section 316.1303, Florida Statutes, is amended
568 to read:
569 316.1303 Traffic regulations to assist mobility-impaired
570 persons.—
571 (1) Whenever a pedestrian who is mobility impaired is in
572 the process of crossing a public street or highway with the
573 assistance of and the pedestrian is mobility-impaired (using a
574 guide dog or service animal designated as such with a visible
575 means of identification, a walker, a crutch, an orthopedic cane,
576 or a wheelchair), the driver of a every vehicle approaching the
577 intersection, as defined in s. 316.003(17), shall bring his or
578 her vehicle to a full stop before arriving at the such
579 intersection and, before proceeding, shall take such precautions
580 as may be necessary to avoid injuring the such pedestrian.
581 (2) A person who is mobility impaired and who is using a
582 motorized wheelchair on a sidewalk may temporarily leave the
583 sidewalk and use the roadway to avoid a potential conflict, if
584 no alternative route exists. A law enforcement officer may issue
585 only a verbal warning to such person.
586 (3) A person who is convicted of a violation of subsection
587 (1) this section shall be punished as provided in s. 318.18(3).
588 Section 5. Subsection (3) of section 316.183, Florida
589 Statutes, is amended to read:
590 316.183 Unlawful speed.—
591 (3) A No school bus may not shall exceed the posted speed
592 limits, not to exceed 55 miles per hour at any time.
593 Section 6. Effective October 1, 2012, paragraph (d) of
594 subsection (3) and subsections (5) and (8) of section 316.2065,
595 Florida Statutes, are amended to read:
596 316.2065 Bicycle regulations.—
597 (3)
598 (d) A bicycle rider or passenger who is under 16 years of
599 age must wear a bicycle helmet that is properly fitted and is
600 fastened securely upon the passenger’s head by a strap, and that
601 meets the federal safety standard for bicycle helmets, final
602 rule, 16 C.F.R. part 1203. A helmet purchased before October 1,
603 2012, which meets the standards of the American National
604 Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
605 standards of the Snell Memorial Foundation (1984 Standard for
606 Protective Headgear for Use in Bicycling), or any other
607 nationally recognized standards for bicycle helmets adopted by
608 the department may continue to be worn by a bicycle rider or
609 passenger until January 1, 2016. As used in this subsection, the
610 term “passenger” includes a child who is riding in a trailer or
611 semitrailer attached to a bicycle.
612 (5)(a) Any person operating a bicycle upon a roadway at
613 less than the normal speed of traffic at the time and place and
614 under the conditions then existing shall ride in the lane marked
615 for bicycle use or, if no lane is marked for bicycle use, as
616 close as practicable to the right-hand curb or edge of the
617 roadway except under any of the following situations:
618 1. When overtaking and passing another bicycle or vehicle
619 proceeding in the same direction.
620 2. When preparing for a left turn at an intersection or
621 into a private road or driveway.
622 3. When reasonably necessary to avoid any condition or
623 potential conflict, including, but not limited to, a fixed or
624 moving object, parked or moving vehicle, bicycle, pedestrian,
625 animal, surface hazard, turn lane, or substandard-width lane,
626 which that makes it unsafe to continue along the right-hand curb
627 or edge or within a bicycle lane. For the purposes of this
628 subsection, a “substandard-width lane” is a lane that is too
629 narrow for a bicycle and another vehicle to travel safely side
630 by side within the lane.
631 (b) Any person operating a bicycle upon a one-way highway
632 with two or more marked traffic lanes may ride as near the left
633 hand curb or edge of such roadway as practicable.
634 (8) Every bicycle in use between sunset and sunrise shall
635 be equipped with a lamp on the front exhibiting a white light
636 visible from a distance of at least 500 feet to the front and a
637 lamp and reflector on the rear each exhibiting a red light
638 visible from a distance of 600 feet to the rear. A bicycle or
639 its rider may be equipped with lights or reflectors in addition
640 to those required by this section. A law enforcement officer may
641 issue a bicycle safety brochure and a verbal warning to a
642 bicycle rider who violates this subsection or may issue a
643 citation and assess a fine for a pedestrian violation, as
644 provided in s. 318.18. The court shall dismiss the charge
645 against a bicycle rider for a first violation of this subsection
646 upon proof of purchase and installation of the proper lighting
647 equipment.
648 Section 7. Subsection (3) of section 316.2085, Florida
649 Statutes, is amended to read:
650 316.2085 Riding on motorcycles or mopeds.—
651 (3) The license tag of a motorcycle or moped must be
652 permanently affixed to the vehicle and remain clearly visible
653 from the rear at all times may not be adjusted or capable of
654 being flipped up. Any deliberate act to conceal or obscure No
655 device for or method of concealing or obscuring the legibility
656 of the license tag of a motorcycle is prohibited shall be
657 installed or used. The license tag of a motorcycle or moped may
658 be affixed horizontally to the ground so that the numbers and
659 letters read from left to right. Alternatively, a license tag
660 for a motorcycle or moped for which the numbers and letters read
661 from top to bottom may be affixed perpendicularly to the ground,
662 provided that the registered owner of the motorcycle or moped
663 maintains a prepaid toll account in good standing and a
664 transponder associated with the prepaid toll account is affixed
665 to the motorcycle or moped.
666 Section 8. Subsection (1) of section 316.2126, Florida
667 Statutes, is amended to read:
668 316.2126 Authorized use of golf carts, low-speed vehicles,
669 and utility vehicles.—
670 (1) In addition to the powers granted by ss. 316.212 and
671 316.2125, municipalities are authorized to use utilize golf
672 carts and utility vehicles, as defined in s. 320.01, upon any
673 state, county, or municipal roads located within the corporate
674 limits of such municipalities, subject to the following
675 conditions:
676 (a) Golf carts and utility vehicles must comply with the
677 operational and safety requirements in ss. 316.212 and 316.2125,
678 and with any more restrictive ordinances enacted by the local
679 governmental entity pursuant to s. 316.212(8), and shall be
680 operated only by municipal employees for municipal purposes,
681 including, but not limited to, police patrol, traffic
682 enforcement, and inspection of public facilities.
683 (b) In addition to the safety equipment required in s.
684 316.212(6) and any more restrictive safety equipment required by
685 the local governmental entity pursuant to s. 316.212(8), such
686 golf carts and utility vehicles must be equipped with sufficient
687 lighting and turn signal equipment.
688 (c) Golf carts and utility vehicles may be operated only on
689 state roads that have a posted speed limit of 30 miles per hour
690 or less.
691 (d) Golf carts and utility vehicles may cross a portion of
692 the State Highway System which has a posted speed limit of 45
693 miles per hour or less only at an intersection with an official
694 traffic control device.
695 (e) Golf carts and utility vehicles may operate on
696 sidewalks adjacent to state highways only if such golf carts and
697 utility vehicles yield to pedestrians and if the sidewalks are
698 at least 5 feet wide.
699 Section 9. Section 316.2129, Florida Statutes, is created
700 to read:
701 316.2129 Operation of swamp buggies on public roads,
702 streets, or highways authorized.—
703 (1) A swamp buggy may be operated on a public road, street,
704 or highway if the local governmental entity, as defined in s.
705 334.03, having jurisdiction over the public road, street, or
706 highway, has designated it for use by swamp buggies. Upon
707 determining that swamp buggies may safely operate on or cross
708 such public road, street, or highway, the local governmental
709 entity shall post appropriate signs or otherwise inform the
710 public that the operation of swamp buggies is allowed. This
711 authorization does not apply to the State Highway System, as
712 defined in s. 334.03. However, a swamp buggy may be operated on
713 a part of the State Highway System only to cross that portion of
714 the State Highway System which intersects a county road or
715 municipal street that has been designated for use by swamp
716 buggies if the Department of Transportation has reviewed and
717 approved the location and design of the crossing and any traffic
718 control devices needed for safety purposes.
719 (2) A swamp buggy may be operated on land managed, owned,
720 or leased by a state or federal agency if the state or federal
721 agency allows the operation of swamp buggies on such land,
722 including any public road, street, or highway running through or
723 located within the state or federal land. Upon determining that
724 swamp buggies may safely operate on or cross a public road,
725 street, or highway running through or located within such land,
726 the state or federal agency shall post appropriate signs or
727 otherwise inform the public that the operation of swamp buggies
728 is allowed.
729 Section 10. Subsection (7) of section 316.2397, Florida
730 Statutes, is amended to read:
731 316.2397 Certain lights prohibited; exceptions.—
732 (7) Flashing lights are prohibited on vehicles except:
733 (a) As a means of indicating a right or left turn, to
734 change lanes, or to indicate that the vehicle is lawfully
735 stopped or disabled upon the highway;
736 (b) When a motorist intermittently flashes his or her
737 vehicle’s headlamps at an oncoming vehicle notwithstanding the
738 motorist’s intent for doing so; and or except that
739 (c) For the lamps authorized under in subsections (1), (2),
740 (3), (4), and (9), s. 316.2065, or and s. 316.235(5) which may
741 are permitted to flash.
742 Section 11. Effective July 1, 2012, paragraph (b) of
743 subsection (1) and paragraph (c) of subsection (2) of section
744 316.302, Florida Statutes, are amended to read:
745 316.302 Commercial motor vehicles; safety regulations;
746 transporters and shippers of hazardous materials; enforcement.—
747 (1)
748 (b) Except as otherwise provided in this section, all
749 owners or drivers of commercial motor vehicles that are engaged
750 in intrastate commerce are subject to the rules and regulations
751 contained in 49 C.F.R. parts 382, 385, and 390-397, with the
752 exception of 49 C.F.R. s. 390.5 as it relates to the definition
753 of bus, as such rules and regulations existed on October 1, 2011
754 2009.
755 (2)
756 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
757 operates a commercial motor vehicle solely in intrastate
758 commerce not transporting any hazardous material in amounts that
759 require placarding pursuant to 49 C.F.R. part 172 may not drive
760 after having been on duty more than 70 hours in any period of 7
761 consecutive days or more than 80 hours in any period of 8
762 consecutive days if the motor carrier operates every day of the
763 week. Thirty-four consecutive hours off duty shall constitute
764 the end of any such period of 7 or 8 consecutive days. This
765 weekly limit does not apply to a person who operates a
766 commercial motor vehicle solely within this state while
767 transporting, during harvest periods, any unprocessed
768 agricultural products or unprocessed food or fiber that is
769 subject to seasonal harvesting from place of harvest to the
770 first place of processing or storage or from place of harvest
771 directly to market or while transporting livestock, livestock
772 feed, or farm supplies directly related to growing or harvesting
773 agricultural products. Upon request of the Department of Highway
774 Safety and Motor Vehicles Department of Transportation, motor
775 carriers shall furnish time records or other written
776 verification to that department so that the Department of
777 Highway Safety and Motor Vehicles Department of Transportation
778 can determine compliance with this subsection. These time
779 records must be furnished to the Department of Highway Safety
780 and Motor Vehicles Department of Transportation within 2 days
781 after receipt of that department’s request. Falsification of
782 such information is subject to a civil penalty not to exceed
783 $100. The provisions of this paragraph do not apply to operators
784 of farm labor vehicles operated during a state of emergency
785 declared by the Governor or operated pursuant to s. 570.07(21),
786 and do not apply to drivers of utility service vehicles as
787 defined in 49 C.F.R. s. 395.2.
788 Section 12. Subsection (1) of section 316.3026, Florida
789 Statutes, is amended to read:
790 316.3026 Unlawful operation of motor carriers.—
791 (1) The Office of Commercial Vehicle Enforcement Motor
792 Carrier Compliance may issue out-of-service orders to motor
793 carriers, as defined in s. 320.01(33), who, after proper notice,
794 have failed to pay any penalty or fine assessed by the
795 department, or its agent, against any owner or motor carrier for
796 violations of state law, refused to submit to a compliance
797 review and provide records pursuant to s. 316.302(5) or s.
798 316.70, or violated safety regulations pursuant to s. 316.302 or
799 insurance requirements in s. 627.7415. Such out-of-service
800 orders have the effect of prohibiting the operations of any
801 motor vehicles owned, leased, or otherwise operated by the motor
802 carrier upon the roadways of this state, until the violations
803 have been corrected or penalties have been paid. Out-of-service
804 orders must be approved by the director of the Division of the
805 Florida Highway Patrol or his or her designee. An administrative
806 hearing pursuant to s. 120.569 shall be afforded to motor
807 carriers subject to such orders.
808 Section 13. Section 316.613, Florida Statutes, is amended
809 to read:
810 316.613 Child restraint requirements.—
811 (1)(a) Every operator of a motor vehicle as defined in this
812 section herein, while transporting a child in a motor vehicle
813 operated on the roadways, streets, or highways of this state,
814 shall, if the child is 5 years of age or younger, provide for
815 protection of the child by properly using a crash-tested,
816 federally approved child restraint device. For children aged
817 through 3 years, such restraint device must be a separate
818 carrier or a vehicle manufacturer’s integrated child seat. For
819 children aged 4 through 5 years, a separate carrier, an
820 integrated child seat, or a seat belt may be used.
821 (b) The department shall provide notice of the requirement
822 for child restraint devices, which notice shall accompany the
823 delivery of each motor vehicle license tag.
824 (2) As used in this section, the term “motor vehicle” means
825 a motor vehicle as defined in s. 316.003 that is operated on the
826 roadways, streets, and highways of the state. The term does not
827 include:
828 (a) A school bus as defined in s. 316.003(45).
829 (b) A bus used for the transportation of persons for
830 compensation, other than a bus regularly used to transport
831 children to or from school, as defined in s. 316.615(1)(b), or
832 in conjunction with school activities.
833 (c) A farm tractor or implement of husbandry.
834 (d) A truck having a gross vehicle weight rating of more
835 than 26,000 pounds.
836 (e) A motorcycle, moped, or bicycle.
837 (3) The failure to provide and use a child passenger
838 restraint shall not be considered comparative negligence, nor
839 shall such failure be admissible as evidence in the trial of any
840 civil action with regard to negligence.
841 (4) It is the legislative intent that all state, county,
842 and local law enforcement agencies, and safety councils, in
843 recognition of the problems with child death and injury from
844 unrestrained occupancy in motor vehicles, conduct a continuing
845 safety and public awareness campaign as to the magnitude of the
846 problem.
847 (5) Any person who violates the provisions of this section
848 commits a moving violation, punishable as provided in chapter
849 318 and shall have 3 points assessed against his or her driver
850 driver’s license as set forth in s. 322.27. In lieu of the
851 penalty specified in s. 318.18 and the assessment of points, a
852 person who violates the provisions of this section may elect,
853 with the court’s approval, to participate in a child restraint
854 safety program approved by the chief judge of the circuit in
855 which the violation occurs, and upon completing such program,
856 the penalty specified in chapter 318 and associated costs may be
857 waived at the court’s discretion and the assessment of points
858 shall be waived. The child restraint safety program must use a
859 course approved by the Department of Highway Safety and Motor
860 Vehicles, and the fee for the course must bear a reasonable
861 relationship to the cost of providing the course.
862 (6) The child restraint requirements imposed by this
863 section do not apply to a chauffeur-driven taxi, limousine,
864 sedan, van, bus, motor coach, or other passenger vehicle if the
865 operator and the motor vehicle are hired and used for the
866 transportation of persons for compensation. It is the obligation
867 and responsibility of the parent, guardian, or other person
868 responsible for a child’s welfare, as defined in s. 39.01(47),
869 to comply with the requirements of this section.
870 Section 14. Section 316.6135, Florida Statutes, is amended
871 to read:
872 316.6135 Leaving children unattended or unsupervised in
873 motor vehicles; penalty; authority of law enforcement officer.—
874 (1) A parent, legal guardian, or other person responsible
875 for a child younger than 6 years of age may not leave the such
876 child unattended or unsupervised in a motor vehicle:
877 (a) For a period in excess of 15 minutes;
878 (b) For any period of time if the motor of the vehicle is
879 running, or the health of the child is in danger, or the child
880 appears to be in distress.
881 (2) Any person who violates the provisions of paragraph
882 (1)(a) commits a misdemeanor of the second degree punishable as
883 provided in s. 775.082 or s. 775.083.
884 (3) Any person who violates the provisions of paragraph
885 (1)(b) is guilty of a noncriminal traffic infraction, punishable
886 by a fine not less than $50 and not more than $500.
887 (4) Any person who violates subsection (1) and in so doing
888 causes great bodily harm, permanent disability, or permanent
889 disfigurement to a child commits a felony of the third degree,
890 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
891 (5) Any law enforcement officer who observes a child left
892 unattended or unsupervised in a motor vehicle in violation of
893 subsection (1) may use whatever means are reasonably necessary
894 to protect the minor child and to remove the child from the
895 vehicle.
896 (6) If the child is removed from the immediate area,
897 notification should be placed on the vehicle.
898 (7) The child shall be remanded to the custody of the
899 Department of Children and Family Services pursuant to chapter
900 39, unless the law enforcement officer is able to locate the
901 parents or legal guardian or other person responsible for the
902 child.
903 Section 15. Subsection (2) of section 316.655, Florida
904 Statutes, is amended to read:
905 316.655 Penalties.—
906 (2) A driver Drivers convicted of a violation of any
907 offense prohibited by this chapter or any other law of this
908 state regulating motor vehicles, which resulted in an accident,
909 may have his or her their driving privileges revoked or
910 suspended by the court if the court finds such revocation or
911 suspension warranted by the totality of the circumstances
912 resulting in the conviction and the need to provide for the
913 maximum safety for all persons who travel on or who are
914 otherwise affected by the use of the highways of the state. In
915 determining whether suspension or revocation is appropriate, the
916 court shall consider all pertinent factors, including, but not
917 limited to, such factors as the extent and nature of the
918 driver’s violation of this chapter, the number of persons killed
919 or injured as the result of the driver’s violation of this
920 chapter, and the extent of any property damage resulting from
921 the driver’s violation of this chapter.
922 Section 16. Subsections (9) and (10) of section 318.14,
923 Florida Statutes, are amended to read:
924 318.14 Noncriminal traffic infractions; exception;
925 procedures.—
926 (9) Any person who does not hold a commercial driver
927 driver’s license and who is cited while driving a noncommercial
928 motor vehicle for an infraction under this section other than a
929 violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
930 driver exceeds the posted limit by 30 miles per hour or more, s.
931 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
932 322.61, or s. 322.62 may, in lieu of a court appearance, elect
933 to attend in the location of his or her choice within this state
934 a basic driver improvement course approved by the Department of
935 Highway Safety and Motor Vehicles. In such a case, adjudication
936 must be withheld and points, as provided by s. 322.27, may not
937 be assessed. However, a person may not make an election under
938 this subsection if the person has made an election under this
939 subsection in the preceding 12 months. A person may not make no
940 more than five elections within his or her lifetime under this
941 subsection. The requirement for community service under s.
942 318.18(8) is not waived by a plea of nolo contendere or by the
943 withholding of adjudication of guilt by a court. If a person
944 makes an election to attend a basic driver improvement course
945 under this subsection, 18 percent of the civil penalty imposed
946 under s. 318.18(3) shall be deposited in the State Courts
947 Revenue Trust Fund; however, that portion is not revenue for
948 purposes of s. 28.36 and may not be used in establishing the
949 budget of the clerk of the court under that section or s. 28.35.
950 (10)(a) Any person who does not hold a commercial driver
951 driver’s license and who is cited while driving a noncommercial
952 motor vehicle for an offense listed under this subsection may,
953 in lieu of payment of fine or court appearance, elect to enter a
954 plea of nolo contendere and provide proof of compliance to the
955 clerk of the court, designated official, or authorized operator
956 of a traffic violations bureau. In such case, adjudication shall
957 be withheld; however, a person may not make an no election shall
958 be made under this subsection if the such person has made an
959 election under this subsection in the preceding 12 months
960 preceding election hereunder. A No person may not make more than
961 three elections under this subsection. This subsection applies
962 to the following offenses:
963 1. Operating a motor vehicle without a valid driver
964 driver’s license in violation of the provisions of s. 322.03, s.
965 322.065, or s. 322.15(1), or operating a motor vehicle with a
966 license that has been suspended for failure to appear, failure
967 to pay civil penalty, or failure to attend a driver improvement
968 course pursuant to s. 322.291.
969 2. Operating a motor vehicle without a valid registration
970 in violation of s. 320.0605, s. 320.07, or s. 320.131.
971 3. Operating a motor vehicle in violation of s. 316.646.
972 4. Operating a motor vehicle with a license that has been
973 suspended under s. 61.13016 or s. 322.245 for failure to pay
974 child support or for failure to pay any other financial
975 obligation as provided in s. 322.245; however, this subparagraph
976 does not apply if the license has been suspended pursuant to s.
977 322.245(1).
978 5. Operating a motor vehicle with a license that has been
979 suspended under s. 322.091 for failure to meet school attendance
980 requirements.
981 (b) Any person cited for an offense listed in this
982 subsection shall present proof of compliance before prior to the
983 scheduled court appearance date. For the purposes of this
984 subsection, proof of compliance shall consist of a valid,
985 renewed, or reinstated driver driver’s license or registration
986 certificate and proper proof of maintenance of security as
987 required by s. 316.646. Notwithstanding waiver of fine, any
988 person establishing proof of compliance shall be assessed court
989 costs of $25, except that a person charged with violation of s.
990 316.646(1)-(3) may be assessed court costs of $8. One dollar of
991 such costs shall be remitted to the Department of Revenue for
992 deposit into the Child Welfare Training Trust Fund of the
993 Department of Children and Family Services. One dollar of such
994 costs shall be distributed to the Department of Juvenile Justice
995 for deposit into the Juvenile Justice Training Trust Fund.
996 Fourteen dollars of such costs shall be distributed to the
997 municipality and $9 shall be deposited by the clerk of the court
998 into the fine and forfeiture fund established pursuant to s.
999 142.01, if the offense was committed within the municipality. If
1000 the offense was committed in an unincorporated area of a county
1001 or if the citation was for a violation of s. 316.646(1)-(3), the
1002 entire amount shall be deposited by the clerk of the court into
1003 the fine and forfeiture fund established pursuant to s. 142.01,
1004 except for the moneys to be deposited into the Child Welfare
1005 Training Trust Fund and the Juvenile Justice Training Trust
1006 Fund. This subsection does shall not be construed to authorize
1007 the operation of a vehicle without a valid driver driver’s
1008 license, without a valid vehicle tag and registration, or
1009 without the maintenance of required security.
1010 Section 17. Paragraph (a) of subsection (2) of section
1011 318.1451, Florida Statutes, is amended to read:
1012 318.1451 Driver improvement schools.—
1013 (2)(a) In determining whether to approve the courses
1014 referenced in this section, the department shall consider course
1015 content designed to promote safety, driver awareness, crash
1016 avoidance techniques, awareness of the risks associated with
1017 using a handheld electronic communication device while operating
1018 a motor vehicle, and other factors or criteria to improve driver
1019 performance from a safety viewpoint.
1020 Section 18. Paragraph (c) is added to subsection (1) of
1021 section 318.15, Florida Statutes, to read:
1022 318.15 Failure to comply with civil penalty or to appear;
1023 penalty.—
1024 (1)
1025 (c) A person who is charged with a traffic infraction may
1026 request a hearing within 180 days after the date upon which the
1027 violation occurred, regardless of any action taken by the court
1028 or the department to suspend the person’s driving privilege,
1029 and, upon request, the clerk must set the case for hearing. The
1030 person shall be given a form for requesting that his or her
1031 driving privilege be reinstated. If the 180th day after the date
1032 upon which the violation occurred is a Saturday, Sunday, or a
1033 legal holiday, the person who is charged must request a hearing
1034 within 177 days after the date upon which the violation
1035 occurred; however, the court may grant a request for a hearing
1036 made more than 180 days after the date upon which the violation
1037 occurred. This paragraph does not affect the assessment of late
1038 fees as otherwise provided in this chapter.
1039 Section 19. Paragraph (f) of subsection (3) of section
1040 318.18, Florida Statutes, is amended, and subsection (22) is
1041 added to that section, to read:
1042 318.18 Amount of penalties.—The penalties required for a
1043 noncriminal disposition pursuant to s. 318.14 or a criminal
1044 offense listed in s. 318.17 are as follows:
1045 (3)
1046 (f) If a violation of s. 316.1301 or s. 316.1303(1) s.
1047 316.1303 results in an injury to the pedestrian or damage to the
1048 property of the pedestrian, an additional fine of up to $250
1049 shall be paid. This amount must be distributed pursuant to s.
1050 318.21.
1051 (22)(a) In addition to any penalties or points imposed
1052 under s. 316.1923, a person convicted of aggressive careless
1053 driving shall also pay:
1054 1. Upon a first violation, a fine of $100.
1055 2. Upon a second or subsequent conviction, a fine of not
1056 less than $250 but not more than $500 and be subject to a
1057 mandatory hearing under s. 318.19.
1058 (b) The clerk of the court shall remit the moneys collected
1059 from the increased fine imposed by this subsection to the
1060 Department of Revenue for deposit into the Emergency Medical
1061 Services Trust Fund. Of the funds deposited into the Emergency
1062 Medical Services Trust Fund, $200,000 in the first year after
1063 October 1, 2012, and $50,000 in the second and third years,
1064 shall be transferred into the Highway Safety Operating Trust
1065 Fund to offset the cost of providing educational materials
1066 related to this act. Funds deposited into the Emergency Medical
1067 Services Trust Fund under this subsection shall be allocated as
1068 follows:
1069 1. Twenty-five percent shall be allocated equally among all
1070 Level I, Level II, and pediatric trauma centers in recognition
1071 of readiness costs for maintaining trauma services.
1072 2. Twenty-five percent shall be allocated among Level I,
1073 Level II, and pediatric trauma centers based on each center’s
1074 relative volume of trauma cases as reported in the Department of
1075 Health Trauma Registry.
1076 3. Twenty-five percent shall be used by the department for
1077 making matching grants to emergency medical services
1078 organizations as defined in s. 401.107.
1079 4. Twenty-five percent shall be made available to rural
1080 emergency medical services as defined in s. 401.107, and shall
1081 be used solely to improve and expand prehospital emergency
1082 medical services in this state. Additionally, these moneys may
1083 be used for the improvement, expansion, or continuation of
1084 services provided.
1085 Section 20. Subsection (5) of section 318.21, Florida
1086 Statutes, is amended to read:
1087 318.21 Disposition of civil penalties by county courts.—All
1088 civil penalties received by a county court pursuant to the
1089 provisions of this chapter shall be distributed and paid monthly
1090 as follows:
1091 (5) Of the additional fine assessed under s. 318.18(3)(f)
1092 for a violation of s. 316.1303(1) s. 316.1303, 60 percent must
1093 be remitted to the Department of Revenue and transmitted monthly
1094 to the Florida Endowment Foundation for Vocational
1095 Rehabilitation, and 40 percent must be distributed pursuant to
1096 subsections (1) and (2).
1097 Section 21. Section 319.14, Florida Statutes, is amended to
1098 read:
1099 319.14 Sale of motor vehicles registered or used as
1100 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
1101 and nonconforming vehicles, custom vehicles, or street rod
1102 vehicles.—
1103 (1)(a) A No person may not shall knowingly offer for sale,
1104 sell, or exchange any vehicle that has been licensed,
1105 registered, or used as a taxicab, police vehicle, or short-term
1106 lease vehicle, or a vehicle that has been repurchased by a
1107 manufacturer pursuant to a settlement, determination, or
1108 decision under chapter 681, until the department has stamped in
1109 a conspicuous place on the certificate of title of the vehicle,
1110 or its duplicate, words stating the nature of the previous use
1111 of the vehicle or the title has been stamped “Manufacturer’s Buy
1112 Back” to reflect that the vehicle is a nonconforming vehicle. If
1113 the certificate of title or duplicate was not so stamped upon
1114 initial issuance thereof or if, subsequent to initial issuance
1115 of the title, the use of the vehicle is changed to a use
1116 requiring the notation provided for in this section, the owner
1117 or lienholder of the vehicle shall surrender the certificate of
1118 title or duplicate to the department prior to offering the
1119 vehicle for sale, and the department shall stamp the certificate
1120 or duplicate as required herein. When a vehicle has been
1121 repurchased by a manufacturer pursuant to a settlement,
1122 determination, or decision under chapter 681, the title shall be
1123 stamped “Manufacturer’s Buy Back” to reflect that the vehicle is
1124 a nonconforming vehicle.
1125 (b) A No person may not shall knowingly offer for sale,
1126 sell, or exchange a rebuilt vehicle until the department has
1127 stamped in a conspicuous place on the certificate of title for
1128 the vehicle words stating that the vehicle has been rebuilt or
1129 assembled from parts, or is a kit car, glider kit, replica, or
1130 flood vehicle, custom vehicle, or street rod vehicle unless
1131 proper application for a certificate of title for a vehicle that
1132 is rebuilt or assembled from parts, or is a kit car, glider kit,
1133 replica, or flood vehicle, custom vehicle, or street rod vehicle
1134 has been made to the department in accordance with this chapter
1135 and the department has conducted the physical examination of the
1136 vehicle to assure the identity of the vehicle and all major
1137 component parts, as defined in s. 319.30(1), which have been
1138 repaired or replaced. Thereafter, the department shall affix a
1139 decal to the vehicle, in the manner prescribed by the
1140 department, showing the vehicle to be rebuilt.
1141 (c) As used in this section, the term:
1142 1. “Police vehicle” means a motor vehicle owned or leased
1143 by the state or a county or municipality and used in law
1144 enforcement.
1145 2.a. “Short-term-lease vehicle” means a motor vehicle
1146 leased without a driver and under a written agreement to one or
1147 more persons from time to time for a period of less than 12
1148 months.
1149 b. “Long-term-lease vehicle” means a motor vehicle leased
1150 without a driver and under a written agreement to one person for
1151 a period of 12 months or longer.
1152 c. “Lease vehicle” includes both short-term-lease vehicles
1153 and long-term-lease vehicles.
1154 3. “Rebuilt vehicle” means a motor vehicle or mobile home
1155 built from salvage or junk, as defined in s. 319.30(1).
1156 4. “Assembled from parts” means a motor vehicle or mobile
1157 home assembled from parts or combined from parts of motor
1158 vehicles or mobile homes, new or used. “Assembled from parts”
1159 does not mean a motor vehicle defined as a “rebuilt vehicle” in
1160 subparagraph 3., which has been declared a total loss pursuant
1161 to s. 319.30.
1162 5. “Kit car” means a motor vehicle assembled with a kit
1163 supplied by a manufacturer to rebuild a wrecked or outdated
1164 motor vehicle with a new body kit.
1165 6. “Glider kit” means a vehicle assembled with a kit
1166 supplied by a manufacturer to rebuild a wrecked or outdated
1167 truck or truck tractor.
1168 7. “Replica” means a complete new motor vehicle
1169 manufactured to look like an old vehicle.
1170 8. “Flood vehicle” means a motor vehicle or mobile home
1171 that has been declared to be a total loss pursuant to s.
1172 319.30(3)(a) resulting from damage caused by water.
1173 9. “Nonconforming vehicle” means a motor vehicle which has
1174 been purchased by a manufacturer pursuant to a settlement,
1175 determination, or decision under chapter 681.
1176 10. “Settlement” means an agreement entered into between a
1177 manufacturer and a consumer that occurs after a dispute is
1178 submitted to a program, or an informal dispute settlement
1179 procedure established by a manufacturer or is approved for
1180 arbitration before the New Motor Vehicle Arbitration Board as
1181 defined in s. 681.102.
1182 11. “Custom vehicle” means a motor vehicle that:
1183 a. Is 25 years of age or older and of a model year after
1184 1948 or was manufactured to resemble a vehicle that is 25 years
1185 of age or older and of a model year after 1948; and
1186 b. Has been altered from the manufacturer’s original design
1187 or has a body constructed from nonoriginal materials.
1188
1189 The model year and year of manufacture that the body of a custom
1190 vehicle resembles is the model year and year of manufacture
1191 listed on the certificate of title, regardless of when the
1192 vehicle was actually manufactured.
1193 12. “Street rod” means a motor vehicle that:
1194 a. Is of a model year of 1948 or older or was manufactured
1195 after 1948 to resemble a vehicle of a model year of 1948 or
1196 older; and
1197 b. Has been altered from the manufacturer’s original design
1198 or has a body constructed from nonoriginal materials.
1199
1200 The model year and year of manufacture that the body of a street
1201 rod resembles is the model year and year of manufacture listed
1202 on the certificate of title, regardless of when the vehicle was
1203 actually manufactured.
1204 (2) A No person may not shall knowingly sell, exchange, or
1205 transfer a vehicle referred to in subsection (1) without, before
1206 prior to consummating the sale, exchange, or transfer,
1207 disclosing in writing to the purchaser, customer, or transferee
1208 the fact that the vehicle has previously been titled,
1209 registered, or used as a taxicab, police vehicle, or short-term
1210 lease vehicle, or is a vehicle that is rebuilt or assembled from
1211 parts, or is a kit car, glider kit, replica, or flood vehicle,
1212 or is a nonconforming vehicle, custom vehicle, or street rod
1213 vehicle, as the case may be.
1214 (3) Any person who, with intent to offer for sale or
1215 exchange any vehicle referred to in subsection (1), knowingly or
1216 intentionally advertises, publishes, disseminates, circulates,
1217 or places before the public in any communications medium,
1218 whether directly or indirectly, any offer to sell or exchange
1219 the vehicle shall clearly and precisely state in each such offer
1220 that the vehicle has previously been titled, registered, or used
1221 as a taxicab, police vehicle, or short-term-lease vehicle or
1222 that the vehicle or mobile home is a vehicle that is rebuilt or
1223 assembled from parts, or is a kit car, glider kit, replica, or
1224 flood vehicle, or is a nonconforming vehicle, custom vehicle, or
1225 street rod vehicle, as the case may be. A Any person who
1226 violates this subsection commits a misdemeanor of the second
1227 degree, punishable as provided in s. 775.082 or s. 775.083.
1228 (4) If When a certificate of title, including a foreign
1229 certificate, is branded to reflect a condition or prior use of
1230 the titled vehicle, the brand must be noted on the registration
1231 certificate of the vehicle and such brand shall be carried
1232 forward on all subsequent certificates of title and registration
1233 certificates issued for the life of the vehicle.
1234 (5) A Any person who knowingly sells, exchanges, or offers
1235 to sell or exchange a motor vehicle or mobile home contrary to
1236 the provisions of this section or any officer, agent, or
1237 employee of a person who knowingly authorizes, directs, aids in,
1238 or consents to the sale, exchange, or offer to sell or exchange
1239 a motor vehicle or mobile home contrary to the provisions of
1240 this section commits a misdemeanor of the second degree,
1241 punishable as provided in s. 775.082 or s. 775.083.
1242 (6) A Any person who removes a rebuilt decal from a rebuilt
1243 vehicle with the intent to conceal the rebuilt status of the
1244 vehicle commits a felony of the third degree, punishable as
1245 provided in s. 775.082, s. 775.083, or s. 775.084.
1246 (7) This section applies to a mobile home, travel trailer,
1247 camping trailer, truck camper, or fifth-wheel recreation trailer
1248 only when the such mobile home or vehicle is a rebuilt vehicle
1249 or is assembled from parts.
1250 (8) A No person is not shall be liable or accountable in
1251 any civil action arising out of a violation of this section if
1252 the designation of the previous use or condition of the motor
1253 vehicle is not noted on the certificate of title and
1254 registration certificate of the vehicle which was received by,
1255 or delivered to, such person, unless the such person has
1256 actively concealed the prior use or condition of the vehicle
1257 from the purchaser.
1258 (9) Subsections (1), (2), and (3) do not apply to the
1259 transfer of ownership of a motor vehicle after the motor vehicle
1260 has ceased to be used as a lease vehicle and the ownership has
1261 been transferred to an owner for private use or to the transfer
1262 of ownership of a nonconforming vehicle with 36,000 or more
1263 miles on its odometer, or 34 months whichever is later and the
1264 ownership has been transferred to an owner for private use. Such
1265 owner, as shown on the title certificate, may request the
1266 department to issue a corrected certificate of title that does
1267 not contain the statement of the previous use of the vehicle as
1268 a lease vehicle or condition as a nonconforming vehicle.
1269 Section 22. Subsection (6) of section 319.23, Florida
1270 Statutes, is amended, present subsections (7) through (11) of
1271 that section are redesignated as subsections (8) through (12),
1272 respectively, and a new subsection (7) is added to that section,
1273 to read:
1274 319.23 Application for, and issuance of, certificate of
1275 title.—
1276 (6)(a) In the case of the sale of a motor vehicle or mobile
1277 home by a licensed dealer to a general purchaser, the
1278 certificate of title must be obtained in the name of the
1279 purchaser by the dealer upon application signed by the
1280 purchaser, and in each other case the such certificate must be
1281 obtained by the purchaser. In each case of transfer of a motor
1282 vehicle or mobile home, the application for a certificate of
1283 title, a corrected certificate, or an assignment or reassignment
1284 must be filed within 30 days after the delivery of the motor
1285 vehicle or after consummation of the sale of the mobile home to
1286 the purchaser. An applicant must pay a fee of $20, in addition
1287 to all other fees and penalties required by law, for failing to
1288 file such application within the specified time. In the case of
1289 the sale of a motor vehicle by a licensed motor vehicle dealer
1290 to a general purchaser who resides in another state or country,
1291 the dealer is not required to apply for a certificate of title
1292 for the motor vehicle; however, the dealer must transfer
1293 ownership and reassign the certificate of title or
1294 manufacturer’s certificate of origin to the purchaser, and the
1295 purchaser must sign an affidavit, as approved by the department,
1296 that the purchaser will title and register the motor vehicle in
1297 another state or country.
1298 (b) If a licensed dealer acquires a motor vehicle or mobile
1299 home as a trade-in, the dealer must file with the department,
1300 within 30 days, a notice of sale signed by the seller. The
1301 department shall update its database for that title record to
1302 indicate “sold.” A licensed dealer need not apply for a
1303 certificate of title for any motor vehicle or mobile home in
1304 stock acquired for stock purposes except as provided in s.
1305 319.225.
1306 (7) If an applicant for a certificate of title is unable to
1307 provide the department with a certificate of title that assigns
1308 the prior owner’s interest in the motor vehicle, the department
1309 may accept a bond in the form prescribed by the department,
1310 along with an affidavit in a form prescribed by the department,
1311 which includes verification of the vehicle identification number
1312 and an application for title.
1313 (a) The bond must be:
1314 1. In a form prescribed by the department;
1315 2. Executed by the applicant;
1316 3. Issued by a person authorized to conduct a surety
1317 business in this state;
1318 4. In an amount equal to two times the value of the vehicle
1319 as determined by the department; and
1320 5. Conditioned to indemnify all prior owners and
1321 lienholders and all subsequent purchasers of the vehicle or
1322 persons who acquire a security interest in the vehicle, and
1323 their successors in interest, against any expense, loss, or
1324 damage, including reasonable attorney fees, occurring because of
1325 the issuance of the certificate of title for the vehicle or for
1326 a defect in or undisclosed security interest on the right,
1327 title, or interest of the applicant to the vehicle.
1328 (b) An interested person has a right to recover on the bond
1329 for a breach of the bond’s condition. The aggregate liability of
1330 the surety to all persons may not exceed the amount of the bond.
1331 (c) A bond under this subsection expires on the third
1332 anniversary of the date the bond became effective.
1333 (d) The affidavit must:
1334 1. Be in a form prescribed by the department;
1335 2. Include the facts and circumstances under which the
1336 applicant acquired ownership and possession of the motor
1337 vehicle;
1338 3. Disclose that no security interests, liens, or
1339 encumbrances against the motor vehicle are known to the
1340 applicant against the motor vehicle; and
1341 4. State that the applicant has the right to have a
1342 certificate of title issued.
1343 Section 23. Subsection (8) of section 319.24, Florida
1344 Statutes, is amended to read:
1345 319.24 Issuance in duplicate; delivery; liens and
1346 encumbrances.—
1347 (8) Notwithstanding any requirements in this section or in
1348 s. 319.27 indicating that a lien on a motor vehicle or mobile
1349 home shall be noted on the face of the Florida certificate of
1350 title, if there are one or more liens or encumbrances on the
1351 motor vehicle or mobile home, the department shall may
1352 electronically transmit the lien to the first lienholder and
1353 notify the first lienholder of any additional liens. Subsequent
1354 lien satisfactions shall may be electronically transmitted to
1355 the department and must shall include the name and address of
1356 the person or entity satisfying the lien. When electronic
1357 transmission of liens and lien satisfactions is are used, the
1358 issuance of a certificate of title may be waived until the last
1359 lien is satisfied and a clear certificate of title is issued to
1360 the owner of the vehicle. In subsequent transfer of ownership of
1361 the motor vehicle, it shall be presumed that the motor vehicle
1362 title is subject to a lien as set forth in s. 319.225(6)(a)
1363 until the title to be issued pursuant to this subsection is
1364 received by the person or entity satisfying the lien.
1365 Section 24. Subsection (7) is added to section 319.27,
1366 Florida Statutes, to read:
1367 319.27 Notice of lien on motor vehicles or mobile homes;
1368 notation on certificate; recording of lien.—
1369 (7) The department shall establish and administer an
1370 electronic titling program that requires the electronic
1371 recording of vehicle title information for new, transferred, and
1372 corrected certificates of title. Lienholders shall
1373 electronically transmit liens and lien satisfactions to the
1374 department in a format determined by the department. Individuals
1375 and lienholders who the department determines are not normally
1376 engaged in the business or practice of financing vehicles are
1377 exempt from the electronic titling requirement.
1378 Section 25. Subsection (3) is added to section 319.28,
1379 Florida Statutes, to read:
1380 319.28 Transfer of ownership by operation of law.—
1381 (3) A dealer of farm or industrial equipment who conducts a
1382 repossession, as defined in s. 493.6101(22), of such equipment
1383 is not subject to licensure as a recovery agent or recovery
1384 agency if the dealer is regularly engaged in the sale of the
1385 equipment for a particular manufacturer and the lender is
1386 affiliated with that manufacturer.
1387 Section 26. Present subsection (10) of section 319.30,
1388 Florida Statutes, is renumbered as subsection (11), and a new
1389 subsection (10) is added to that section to read:
1390 319.30 Definitions; dismantling, destruction, change of
1391 identity of motor vehicle or mobile home; salvage.—
1392 (10) The department may adopt rules to implement an
1393 electronic system for issuing salvage certificates of title and
1394 certificates of destruction.
1395 Section 27. Section 319.40, Florida Statutes, is amended to
1396 read:
1397 319.40 Transactions by electronic or telephonic means.—
1398 (1) The department may is authorized to accept any
1399 application provided for under this chapter by electronic or
1400 telephonic means.
1401 (2) The department may issue an electronic certificate of
1402 title in lieu of printing a paper title.
1403 (3) The department may collect electronic mail addresses
1404 and use electronic mail in lieu of the United States Postal
1405 Service as a method of notification. However, any notice
1406 regarding the potential forfeiture or foreclosure of an interest
1407 in property must be sent via the United States Postal Service.
1408 Section 28. Paragraph (a) of subsection (1) of section
1409 320.01, Florida Statutes, is amended, and subsection (46) is
1410 added to that section, to read:
1411 320.01 Definitions, general.—As used in the Florida
1412 Statutes, except as otherwise provided, the term:
1413 (1) “Motor vehicle” means:
1414 (a) An automobile, motorcycle, truck, trailer, semitrailer,
1415 truck tractor and semitrailer combination, or any other vehicle
1416 operated on the roads of this state, used to transport persons
1417 or property, and propelled by power other than muscular power,
1418 but the term does not include traction engines, road rollers,
1419 special mobile equipment as defined in s. 316.003(48), such
1420 vehicles that as run only upon a track, bicycles, swamp buggies,
1421 or mopeds.
1422 (46) “Swamp buggy” means a motorized off-road vehicle that
1423 is designed or modified to travel over swampy or varied terrain
1424 and that may use large tires or tracks operated from an elevated
1425 platform. The term does not include any vehicle defined in
1426 chapter 261 or otherwise defined or classified in this chapter.
1427 Section 29. Subsection (2) and paragraph (e) of subsection
1428 (5) of section 320.02, Florida Statutes, are amended, paragraphs
1429 (o), (p), (q), and (r) are added to subsection (15), and
1430 subsection (18) is added to that section, to read:
1431 320.02 Registration required; application for registration;
1432 forms.—
1433 (2)(a) The application for registration shall include the
1434 street address of the owner’s permanent residence or the address
1435 of his or her permanent place of business and shall be
1436 accompanied by personal or business identification information
1437 which may include, but need not be limited to, a driver driver’s
1438 license number, Florida identification card number, or federal
1439 employer identification number. If the owner does not have a
1440 permanent residence or permanent place of business or if the
1441 owner’s permanent residence or permanent place of business
1442 cannot be identified by a street address, the application shall
1443 include:
1444 1. If the vehicle is registered to a business, the name and
1445 street address of the permanent residence of an owner of the
1446 business, an officer of the corporation, or an employee who is
1447 in a supervisory position.
1448 2. If the vehicle is registered to an individual, the name
1449 and street address of the permanent residence of a close
1450 relative or friend who is a resident of this state.
1451
1452 If the vehicle is registered to an active duty member of the
1453 Armed Forces of the United States who is a Florida resident, the
1454 active duty member is exempt from the requirement to provide the
1455 street address of a permanent residence.
1456 (b) The department shall prescribe a form upon which motor
1457 vehicle owners may record odometer readings when registering
1458 their motor vehicles.
1459 (5)
1460 (e) Upon the expiration date noted in the cancellation
1461 notice that the department receives from the insurer, the
1462 department shall suspend the registration, issued under this
1463 chapter or s. 207.004(1), of a motor carrier who operates a
1464 commercial motor vehicle or who permits it to be operated in
1465 this state during the registration period without having in full
1466 force and effect liability insurance, a surety bond, or a valid
1467 self-insurance certificate that complies with the provisions of
1468 this section. The insurer shall provide notice to the department
1469 at the same time the cancellation notice is provided to the
1470 insured pursuant to s. 627.7281. The department may adopt rules
1471 regarding the electronic submission of the cancellation notice
1472 liability insurance policy or surety bond may not be canceled on
1473 less than 30 days’ written notice by the insurer to the
1474 department, such 30 days’ notice to commence from the date
1475 notice is received by the department.
1476 (15)
1477 (o) The application form for motor vehicle registration and
1478 renewal registration must include language permitting a
1479 voluntary contribution of $1 to the Florida Association of Food
1480 Banks, Inc. The proceeds shall be distributed by the department
1481 each month to Florida Association of Food Banks, Inc., to be
1482 used by that organization for the purpose of ending hunger in
1483 this state.
1484 (p) The application form for motor vehicle registration and
1485 renewal of registration must include language permitting a
1486 voluntary contribution of $1 per applicant for Autism Services
1487 and Supports. Such contributions must be transferred by the
1488 department to the Achievement and Rehabilitation Centers, Inc.,
1489 Autism Services Fund.
1490 (q) The application form for motor vehicle registration and
1491 renewal of registration must include language permitting a
1492 voluntary contribution of $1 per applicant to Support Our
1493 Troops, which shall be distributed to Support Our Troops, Inc.,
1494 a Florida not-for-profit organization.
1495 (r) The application form for motor vehicle registration and
1496 renewal of registration must include language permitting a
1497 voluntary contribution of $1 to Take Stock In Children. Such
1498 contributions shall be transferred by the department to Take
1499 Stock In Children, Inc.
1500
1501 For the purpose of applying the service charge provided in s.
1502 215.20, contributions received under this subsection are not
1503 income of a revenue nature.
1504 (18) The department shall retain all electronic
1505 registration records for at least 10 years.
1506 Section 30. Subsection (8) of section 320.03, Florida
1507 Statutes, is amended to read:
1508 320.03 Registration; duties of tax collectors;
1509 International Registration Plan.—
1510 (8) If the applicant’s name appears on the list referred to
1511 in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
1512 plate or revalidation sticker may not be issued until that
1513 person’s name no longer appears on the list or until the person
1514 presents a receipt from the governmental entity or the clerk of
1515 court that provided the data showing that the fines outstanding
1516 have been paid. This subsection does not apply to the owner of a
1517 leased vehicle if the vehicle is registered in the name of the
1518 lessee of the vehicle. The tax collector and the clerk of the
1519 court are each entitled to receive monthly, as costs for
1520 implementing and administering this subsection, 10 percent of
1521 the civil penalties and fines recovered from such persons. As
1522 used in this subsection, the term “civil penalties and fines”
1523 does not include a wrecker operator’s lien as described in s.
1524 713.78(13). If the tax collector has private tag agents, such
1525 tag agents are entitled to receive a pro rata share of the
1526 amount paid to the tax collector, based upon the percentage of
1527 license plates and revalidation stickers issued by the tag agent
1528 compared to the total issued within the county. The authority of
1529 any private agent to issue license plates shall be revoked,
1530 after notice and a hearing as provided in chapter 120, if he or
1531 she issues any license plate or revalidation sticker contrary to
1532 the provisions of this subsection. This section applies only to
1533 the annual renewal in the owner’s birth month of a motor vehicle
1534 registration and does not apply to the transfer of a
1535 registration of a motor vehicle sold by a motor vehicle dealer
1536 licensed under this chapter, except for the transfer of
1537 registrations which includes is inclusive of the annual
1538 renewals. This section does not affect the issuance of the title
1539 to a motor vehicle, notwithstanding s. 319.23(8)(b)
1540 319.23(7)(b).
1541 Section 31. Subsections (5) and (6) are added to section
1542 320.06, Florida Statutes, to read:
1543 320.06 Registration certificates, license plates, and
1544 validation stickers generally.—
1545 (5) The department may conduct a pilot program to evaluate
1546 the designs, concepts, and technologies for alternative license
1547 plates. For purposes of the pilot program, the department shall
1548 investigate the feasibility and use of alternative license plate
1549 technologies and the long-term cost impact to the consumer. The
1550 pilot program shall be limited to license plates that are used
1551 on government-owned motor vehicles as described in s. 320.0655.
1552 Such license plates are exempt from the requirements in
1553 paragraph (3)(a).
1554 (6) All license plates issued pursuant to this chapter are
1555 the property of the state.
1556 Section 32. Section 320.0605, Florida Statutes, is amended
1557 to read:
1558 320.0605 Certificate of registration; possession required;
1559 exception.—
1560 (1) The registration certificate or an official copy
1561 thereof, a true copy of a rental or lease documentation
1562 agreement issued for a motor vehicle or issued for a replacement
1563 vehicle in the same registration period, a temporary receipt
1564 printed upon self-initiated electronic renewal of a registration
1565 via the Internet, or a cab card issued for a vehicle registered
1566 under the International Registration Plan shall, at all times
1567 while the vehicle is being used or operated on the roads of this
1568 state, be in the possession of the operator thereof or be
1569 carried in the vehicle for which issued and shall be exhibited
1570 upon demand of any authorized law enforcement officer or any
1571 agent of the department, except for a vehicle registered under
1572 s. 320.0657. The provisions of this section do not apply during
1573 the first 30 days after purchase of a replacement vehicle. A
1574 violation of this section is a noncriminal traffic infraction,
1575 punishable as a nonmoving violation as provided in chapter 318.
1576 (2) Rental or lease documentation that is sufficient to
1577 satisfy the requirement in subsection (1) includes the
1578 following:
1579 (a) Date of rental and time of exit from rental facility;
1580 (b) Rental station identification;
1581 (c) Rental agreement number;
1582 (d) Rental vehicle identification number;
1583 (e) Rental vehicle license plate number and state of
1584 registration;
1585 (f) Vehicle’s make, model, and color;
1586 (g) Vehicle’s mileage; and
1587 (h) Authorized renter’s name.
1588 Section 33. Section 320.061, Florida Statutes, is amended
1589 to read:
1590 320.061 Unlawful to alter motor vehicle registration
1591 certificates, license plates, temporary license plates, mobile
1592 home stickers, or validation stickers or to obscure license
1593 plates; penalty.—A No person may not shall alter the original
1594 appearance of a vehicle registration certificate, any
1595 registration license plate, temporary license plate, mobile home
1596 sticker, or validation sticker, or vehicle registration
1597 certificate issued for and assigned to a any motor vehicle or
1598 mobile home, whether by mutilation, alteration, defacement, or
1599 change of color or in any other manner. A No person may not
1600 shall apply or attach a any substance, reflective matter,
1601 illuminated device, spray, coating, covering, or other material
1602 onto or around any license plate which that interferes with the
1603 legibility, angular visibility, or detectability of any feature
1604 or detail on the license plate or interferes with the ability to
1605 record any feature or detail on the license plate. A Any person
1606 who violates this section commits a noncriminal traffic
1607 infraction, punishable as a moving violation as provided in
1608 chapter 318.
1609 Section 34. Subsection (1) of section 320.07, Florida
1610 Statutes, is amended to read:
1611 320.07 Expiration of registration; renewal required;
1612 penalties.—
1613 (1) The registration of a motor vehicle or mobile home
1614 expires at midnight on the last day of the registration or
1615 extended registration period, or for a motor vehicle or mobile
1616 home owner who is a natural person, at midnight on the owner’s
1617 birthday. A vehicle may shall not be operated on the roads of
1618 this state after expiration of the renewal period unless the
1619 registration has been renewed according to law.
1620 Section 35. Paragraph (z) of subsection (4) of section
1621 320.08056, Florida Statutes, is amended to read:
1622 320.08056 Specialty license plates.—
1623 (4) The following license plate annual use fees shall be
1624 collected for the appropriate specialty license plates:
1625 (z) Tampa Bay Estuary license plate, $25 $15.
1626 Section 36. Paragraph (b) of subsection (35) of section
1627 320.08058, Florida Statutes, is amended to read:
1628 320.08058 Specialty license plates.—
1629 (35) FLORIDA GOLF LICENSE PLATES.—
1630 (b) The department shall distribute the Florida Golf
1631 license plate annual use fee to the Dade Amateur Golf
1632 Association, a nonprofit organization under s. 501(c)(3) of the
1633 Internal Revenue Code. The license plate annual use fees are to
1634 be annually allocated as follows:
1635 1. Up to 15 10 percent of the proceeds from the annual use
1636 fees may be used by the Dade Amateur Golf Association for the
1637 administration of the Florida Junior Golf Program.
1638 2. The Dade Amateur Golf Association shall receive the
1639 first $80,000 in proceeds from the annual use fees for the
1640 operation of youth golf programs in Miami-Dade County.
1641 Thereafter, 15 percent of the proceeds from the annual use fees
1642 shall be provided to the Dade Amateur Golf Association for the
1643 operation of youth golf programs in Miami-Dade County.
1644 3. The remaining proceeds from the annual use fees shall be
1645 available for grants to nonprofit organizations to operate youth
1646 golf programs and for marketing the Florida Golf license plates.
1647 All grant recipients shall be required to provide to the Dade
1648 Amateur Golf Association an annual program and financial report
1649 regarding the use of grant funds. Such reports shall be made
1650 available to the public.
1651 Section 37. Paragraph (e) of subsection (4) of section
1652 320.08068, Florida Statutes, is amended to read:
1653 320.08068 Motorcycle specialty license plates.—
1654 (4) A license plate annual use fee of $20 shall be
1655 collected for each motorcycle specialty license plate. Annual
1656 use fees shall be distributed to The Able Trust as custodial
1657 agent. The Able Trust may retain a maximum of 10 percent of the
1658 proceeds from the sale of the license plate for administrative
1659 costs. The Able Trust shall distribute the remaining funds as
1660 follows:
1661 (e) Twenty percent to the Florida Association of Centers
1662 for Independent Living to be used to leverage additional funding
1663 and new sources of revenue for the centers for independent
1664 living in this state.
1665 Section 38. Subsection (4) of section 320.0848, Florida
1666 Statutes, is amended to read:
1667 320.0848 Persons who have disabilities; issuance of
1668 disabled parking permits; temporary permits; permits for certain
1669 providers of transportation services to persons who have
1670 disabilities.—
1671 (4) From the proceeds of the temporary disabled parking
1672 permit fees:
1673 (a) The Department of Highway Safety and Motor Vehicles
1674 must receive $3.50 for each temporary permit, to be deposited
1675 into the Highway Safety Operating Trust Fund and used for
1676 implementing the real-time disabled parking permit database and
1677 for administering the disabled parking permit program.
1678 (b) The tax collector, for processing, must receive $2.50
1679 for each temporary permit.
1680 (c) The remainder must be distributed monthly as follows:
1681 1. To the Florida Endowment Foundation for Vocational
1682 Rehabilitation, known as “The Able Trust,” Florida Governor’s
1683 Alliance for the Employment of Disabled Citizens for the purpose
1684 of improving employment and training opportunities for persons
1685 who have disabilities, with special emphasis on removing
1686 transportation barriers, $4. These fees must be directly
1687 deposited into the Florida Endowment Foundation for Vocational
1688 Rehabilitation as established in s. 413.615 Transportation
1689 Disadvantaged Trust Fund for transfer to the Florida Governor’s
1690 Alliance for Employment of Disabled Citizens.
1691 2. To the Transportation Disadvantaged Trust Fund to be
1692 used for funding matching grants to counties for the purpose of
1693 improving transportation of persons who have disabilities, $5.
1694 Section 39. Paragraph (a) of subsection (1) of section
1695 320.089, Florida Statutes, is amended, and subsection (5) is
1696 added to that section, to read:
1697 320.089 Members of National Guard and active United States
1698 Armed Forces reservists; former prisoners of war; survivors of
1699 Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1700 Freedom and Operation Enduring Freedom Veterans; Vietnam War
1701 Veterans; Combat Infantry Badge recipients; special license
1702 plates; fee.—
1703 (1)(a) Each owner or lessee of an automobile or truck for
1704 private use or recreational vehicle as specified in s.
1705 320.08(9)(c) or (d), which is not used for hire or commercial
1706 use, who is a resident of the state and an active or retired
1707 member of the Florida National Guard, a survivor of the attack
1708 on Pearl Harbor, a recipient of the Purple Heart medal, or an
1709 active or retired member of any branch of the United States
1710 Armed Forces Reserve, or a recipient of the Combat Infantry
1711 Badge shall, upon application to the department, accompanied by
1712 proof of active membership or retired status in the Florida
1713 National Guard, proof of membership in the Pearl Harbor
1714 Survivors Association or proof of active military duty in Pearl
1715 Harbor on December 7, 1941, proof of being a Purple Heart medal
1716 recipient, or proof of active or retired membership in any
1717 branch of the Armed Forces Reserve, or proof of membership in
1718 the Combat Infantrymen’s Association, Inc., or other proof of
1719 being a recipient of the Combat Infantry Badge, and upon payment
1720 of the license tax for the vehicle as provided in s. 320.08, be
1721 issued a license plate as provided by s. 320.06, upon which, in
1722 lieu of the serial numbers prescribed by s. 320.06, shall be
1723 stamped the words “National Guard,” “Pearl Harbor Survivor,”
1724 “Combat-wounded veteran,” or “U.S. Reserve,” or “Combat Infantry
1725 Badge,” as appropriate, followed by the serial number of the
1726 license plate. Additionally, the Purple Heart plate may have the
1727 words “Purple Heart” stamped on the plate and the likeness of
1728 the Purple Heart medal appearing on the plate.
1729 (5) The owner or lessee of an automobile or truck for
1730 private use, a truck weighing not more than 7,999 pounds, or a
1731 recreational vehicle as specified in s. 320.08(9)(c) or (d)
1732 which automobile, truck, or recreational vehicle is not used for
1733 hire or commercial use who is a resident of the state and a
1734 current or former member of the United States military who was
1735 deployed and served in Vietnam during United States military
1736 deployment in Indochina shall, upon application to the
1737 department, accompanied by proof of active membership or former
1738 active duty status during these operations, and, upon payment of
1739 the license tax for the vehicle as provided in s. 320.08, be
1740 issued a license plate as provided by s. 320.06 upon which, in
1741 lieu of the registration license number prescribed by s. 320.06,
1742 shall be stamped the words “Vietnam War Veteran,” followed by
1743 the registration license number of the plate.
1744 Section 40. Paragraph (c) is added to subsection (1) of
1745 section 320.13, Florida Statutes, to read:
1746 320.13 Dealer and manufacturer license plates and
1747 alternative method of registration.—
1748 (1)
1749 (c) A dealer of heavy trucks as defined in s. 320.01(10),
1750 upon payment of the license tax imposed by s. 320.08(12), may
1751 secure one or more dealer license plates that are valid for use
1752 on vehicles owned by the dealer to whom such plates are issued
1753 while the heavy trucks are in inventory and for sale and are
1754 being used only in the state for demonstration purposes. The
1755 license plates may be used for demonstration purposes for a
1756 period not to exceed 24 hours. The license plates must be
1757 validated on a form prescribed by the department and must be
1758 retained in the vehicle being operated.
1759 Section 41. Section 320.15, Florida Statutes, is amended to
1760 read:
1761 320.15 Refund of license tax.—Any resident owner of a motor
1762 vehicle or mobile home that has been destroyed or permanently
1763 removed from the state shall, upon application to the department
1764 and surrender of the license plate or mobile home sticker issued
1765 for such vehicle, be entitled to a credit to apply to
1766 registration of any other vehicle in the name of the owner, if
1767 the amount is $3 or more, for the unexpired period of the
1768 license. However, if the license plate surrendered is a “for
1769 hire” license plate, the amount of credit may not be more than
1770 one-half of the annual license tax amount. A credit is will not
1771 be valid after the expiration date of the license plate which is
1772 current on the date of the credit, as provided in s. 320.07. A
1773 motor vehicle or mobile home owner who renews a registration
1774 during the advanced renewal period as provided in s. 320.071 and
1775 who surrenders the motor vehicle or mobile home license plate
1776 before the end of the renewal period may apply for a refund of
1777 the license taxes assessed pursuant to s. 320.08.
1778 Section 42. Subsection (3) of section 320.27, Florida
1779 Statutes, is amended to read:
1780 320.27 Motor vehicle dealers.—
1781 (3) APPLICATION AND FEE.—The application for the license
1782 shall be in such form as may be prescribed by the department and
1783 shall be subject to such rules with respect thereto as may be so
1784 prescribed by it. Such application shall be verified by oath or
1785 affirmation and shall contain a full statement of the name and
1786 birth date of the person or persons applying therefor; the name
1787 of the firm or copartnership, with the names and places of
1788 residence of all members thereof, if such applicant is a firm or
1789 copartnership; the names and places of residence of the
1790 principal officers, if the applicant is a body corporate or
1791 other artificial body; the name of the state under whose laws
1792 the corporation is organized; the present and former place or
1793 places of residence of the applicant; and prior business in
1794 which the applicant has been engaged and the location thereof.
1795 Such application shall describe the exact location of the place
1796 of business and shall state whether the place of business is
1797 owned by the applicant and when acquired, or, if leased, a true
1798 copy of the lease shall be attached to the application. The
1799 applicant shall certify that the location provides an adequately
1800 equipped office and is not a residence; that the location
1801 affords sufficient unoccupied space upon and within which
1802 adequately to store all motor vehicles offered and displayed for
1803 sale; and that the location is a suitable place where the
1804 applicant can in good faith carry on such business and keep and
1805 maintain books, records, and files necessary to conduct such
1806 business, which shall will be available at all reasonable hours
1807 to inspection by the department or any of its inspectors or
1808 other employees. The applicant shall certify that the business
1809 of a motor vehicle dealer is the principal business which shall
1810 be conducted at that location. The Such application shall
1811 contain a statement that the applicant is either franchised by a
1812 manufacturer of motor vehicles, in which case the name of each
1813 motor vehicle that the applicant is franchised to sell shall be
1814 included, or an independent (nonfranchised) motor vehicle
1815 dealer. The Such application shall contain such other relevant
1816 information as may be required by the department, including
1817 evidence that the applicant is insured under a garage liability
1818 insurance policy or a general liability insurance policy coupled
1819 with a business automobile policy, which shall include, at a
1820 minimum, $25,000 combined single-limit liability coverage
1821 including bodily injury and property damage protection and
1822 $10,000 personal injury protection. However, a salvage motor
1823 vehicle dealer as defined in subparagraph (1)(c)5. is exempt
1824 from the requirements for garage liability insurance and
1825 personal injury protection insurance on those vehicles that
1826 cannot be legally operated on roads, highways, or streets in
1827 this state. Franchise dealers must submit a garage liability
1828 insurance policy, and all other dealers must submit a garage
1829 liability insurance policy or a general liability insurance
1830 policy coupled with a business automobile policy. Such policy
1831 shall be for the license period, and evidence of a new or
1832 continued policy shall be delivered to the department at the
1833 beginning of each license period. Upon making initial
1834 application, the applicant shall pay to the department a fee of
1835 $300 in addition to any other fees now required by law.; Upon
1836 making a subsequent renewal application, the applicant shall pay
1837 to the department a fee of $75 in addition to any other fees now
1838 required by law. Upon making an application for a change of
1839 location, the person shall pay a fee of $50 in addition to any
1840 other fees now required by law. The department shall, in the
1841 case of every application for initial licensure, verify whether
1842 certain facts set forth in the application are true. Each
1843 applicant, general partner in the case of a partnership, or
1844 corporate officer and director in the case of a corporate
1845 applicant, must file a set of fingerprints with the department
1846 for the purpose of determining any prior criminal record or any
1847 outstanding warrants. The department shall submit the
1848 fingerprints to the Department of Law Enforcement for state
1849 processing and forwarding to the Federal Bureau of Investigation
1850 for federal processing. The actual cost of state and federal
1851 processing shall be borne by the applicant and is in addition to
1852 the fee for licensure. The department may issue a license to an
1853 applicant pending the results of the fingerprint investigation,
1854 which license is fully revocable if the department subsequently
1855 determines that any facts set forth in the application are not
1856 true or correctly represented.
1857 Section 43. Subsection (1) of section 320.771, Florida
1858 Statutes, is amended to read:
1859 320.771 License required of recreational vehicle dealers.—
1860 (1) DEFINITIONS.—As used in this section, the term:
1861 (a)1. “Dealer” means any person engaged in the business of
1862 buying, selling, or dealing in recreational vehicles or offering
1863 or displaying recreational vehicles for sale. The term “dealer”
1864 includes a recreational vehicle broker. Any person who buys,
1865 sells, deals in, or offers or displays for sale, or who acts as
1866 the agent for the sale of, one or more recreational vehicles in
1867 any 12-month period shall be prima facie presumed to be a
1868 dealer. The terms “selling” and “sale” include lease-purchase
1869 transactions. The term “dealer” does not include banks, credit
1870 unions, and finance companies that acquire recreational vehicles
1871 as an incident to their regular business and does not include
1872 mobile home rental and leasing companies that sell recreational
1873 vehicles to dealers licensed under this section.
1874 2. A licensed dealer may transact business in recreational
1875 vehicles with a motor vehicle auction as defined in s.
1876 320.27(1)(c)4. Further, a licensed dealer may, at retail or
1877 wholesale, sell a motor vehicle, as described in s.
1878 320.01(1)(a), acquired in exchange for the sale of a
1879 recreational vehicle, if the such acquisition is incidental to
1880 the principal business of being a recreational vehicle dealer.
1881 However, a recreational vehicle dealer may not buy a motor
1882 vehicle for the purpose of resale unless licensed as a motor
1883 vehicle dealer pursuant to s. 320.27. A dealer may apply for a
1884 certificate of title to a recreational vehicle required to be
1885 registered under s. 320.08(9), using a manufacturer’s statement
1886 of origin as permitted by s. 319.23(1), only if the dealer is
1887 authorized by a manufacturer/dealer agreement, as defined in s.
1888 320.3202, on file with the department, to buy, sell, or deal in
1889 that particular line-make of recreational vehicle, and the
1890 dealer is authorized by the manufacturer/dealer agreement to
1891 perform delivery and preparation obligations and warranty defect
1892 adjustments on that line-make.
1893 (b) “Recreational vehicle broker” means any person who is
1894 engaged in the business of offering to procure or procuring used
1895 recreational vehicles for the general public; who holds himself
1896 or herself out through solicitation, advertisement, or otherwise
1897 as one who offers to procure or procures used recreational
1898 vehicles for the general public; or who acts as the agent or
1899 intermediary on behalf of the owner or seller of a used
1900 recreational vehicle which is for sale or who assists or
1901 represents the seller in finding a buyer for the recreational
1902 vehicle.
1903 (c) For the purposes of this section, the term
1904 “Recreational vehicle” does not include any camping trailer, as
1905 defined in s. 320.01(1)(b)2.
1906 Section 44. Section 320.95, Florida Statutes, is amended to
1907 read:
1908 320.95 Transactions by electronic or telephonic means.—
1909 (1) The department may is authorized to accept an any
1910 application provided for under this chapter by electronic or
1911 telephonic means.
1912 (2) The department may collect electronic mail addresses
1913 and use electronic mail in lieu of the United States Postal
1914 Service for the purpose of providing renewal notices.
1915 Section 45. Subsection (5) of section 322.0261, Florida
1916 Statutes, is amended to read:
1917 322.0261 Driver improvement course; requirement to maintain
1918 driving privileges; failure to complete; department approval of
1919 course.—
1920 (5) In determining whether to approve a driver improvement
1921 course for the purposes of this section, the department shall
1922 consider course content designed to promote safety, driver
1923 awareness, crash avoidance techniques, awareness of the risks
1924 associated with using a handheld electronic communication device
1925 while operating a motor vehicle, and other factors or criteria
1926 to improve driver performance from a safety viewpoint.
1927 Section 46. Section 322.04, Florida Statutes, is amended to
1928 read:
1929 322.04 Persons exempt from obtaining driver driver’s
1930 license.—
1931 (1) The following persons are exempt from obtaining a
1932 driver driver’s license:
1933 (a) Any employee of the United States Government, while
1934 operating a noncommercial motor vehicle owned by or leased to
1935 the United States Government and being operated on official
1936 business.
1937 (b) Any person while driving or operating any road machine,
1938 farm tractor, or implement of husbandry temporarily operated or
1939 moved on a highway.
1940 (c) A nonresident who is at least 16 years of age operating
1941 and who has in his or her immediate possession a valid
1942 noncommercial driver’s license issued to the nonresident in his
1943 or her home state or country, may operate a motor vehicle of the
1944 type for which a Class E driver driver’s license is required in
1945 this state if the nonresident has in his or her immediate
1946 possession:
1947 1. A valid noncommercial driver license issued in his or
1948 her name from another state or territory of the United States;
1949 or
1950 2. An International Driving Permit issued in his or her
1951 name in his or her country of residence and a valid license
1952 issued in that country.
1953 (d) A nonresident who is at least 18 years of age and who
1954 has in his or her immediate possession a valid noncommercial
1955 driver’s license issued to the nonresident in his or her home
1956 state or country may operate a motor vehicle, other than a
1957 commercial motor vehicle, in this state.
1958 (d)(e) Any person operating a golf cart, as defined in s.
1959 320.01, which is operated in accordance with the provisions of
1960 s. 316.212.
1961 (2) The provisions of This section does do not apply to any
1962 person to whom s. 322.031 applies.
1963 (3) Any person working for a firm under contract to the
1964 United States Government, whose residence is outside without
1965 this state and whose main point of employment is outside without
1966 this state may drive a noncommercial vehicle on the public roads
1967 of this state for periods up to 60 days while in this state on
1968 temporary duty, if the provided such person has a valid driver
1969 driver’s license from the state of the such person’s residence.
1970 Section 47. Paragraph (a) of subsection (1) of section
1971 322.051, Florida Statutes, is amended, and subsection (9) is
1972 added to that section, to read:
1973 322.051 Identification cards.—
1974 (1) Any person who is 5 years of age or older, or any
1975 person who has a disability, regardless of age, who applies for
1976 a disabled parking permit under s. 320.0848, may be issued an
1977 identification card by the department upon completion of an
1978 application and payment of an application fee.
1979 (a) The Each such application must shall include the
1980 following information regarding the applicant:
1981 1. Full name (first, middle or maiden, and last), gender,
1982 proof of social security card number satisfactory to the
1983 department, county of residence, mailing address, proof of
1984 residential address satisfactory to the department, country of
1985 birth, and a brief description.
1986 2. Proof of birth date satisfactory to the department.
1987 3. Proof of identity satisfactory to the department. Such
1988 proof must include one of the following documents issued to the
1989 applicant:
1990 a. A driver driver’s license record or identification card
1991 record from another jurisdiction that required the applicant to
1992 submit a document for identification which is substantially
1993 similar to a document required under sub-subparagraph b., sub
1994 subparagraph c., sub-subparagraph d., sub-subparagraph e., sub
1995 subparagraph f., sub-subparagraph g., or sub-subparagraph h.;
1996 b. A certified copy of a United States birth certificate;
1997 c. A valid, unexpired United States passport;
1998 d. A naturalization certificate issued by the United States
1999 Department of Homeland Security;
2000 e. A valid, unexpired alien registration receipt card
2001 (green card);
2002 f. A Consular Report of Birth Abroad provided by the United
2003 States Department of State;
2004 g. An unexpired employment authorization card issued by the
2005 United States Department of Homeland Security; or
2006 h. Proof of nonimmigrant classification provided by the
2007 United States Department of Homeland Security, for an original
2008 identification card. In order to prove such nonimmigrant
2009 classification, an applicant must provide at least one of
2010 applicants may produce but are not limited to the following
2011 documents. In addition, the department may require applicants to
2012 produce United States Department of Homeland Security documents
2013 for the sole purpose of establishing the maintenance of, or
2014 efforts to maintain, continuous lawful presence:
2015 (I) A notice of hearing from an immigration court
2016 scheduling a hearing on any proceeding.
2017 (II) A notice from the Board of Immigration Appeals
2018 acknowledging pendency of an appeal.
2019 (III) A notice of the approval of an application for
2020 adjustment of status issued by the United States Bureau of
2021 Citizenship and Immigration Services.
2022 (IV) An Any official documentation confirming the filing of
2023 a petition for asylum or refugee status or any other relief
2024 issued by the United States Bureau of Citizenship and
2025 Immigration Services.
2026 (V) A notice of action transferring any pending matter from
2027 another jurisdiction to Florida, issued by the United States
2028 Bureau of Citizenship and Immigration Services.
2029 (VI) An order of an immigration judge or immigration
2030 officer granting any relief that authorizes the alien to live
2031 and work in the United States, including, but not limited to,
2032 asylum.
2033 (VII) Evidence that an application is pending for
2034 adjustment of status to that of an alien lawfully admitted for
2035 permanent residence in the United States or conditional
2036 permanent resident status in the United States, if a visa number
2037 is available having a current priority date for processing by
2038 the United States Bureau of Citizenship and Immigration
2039 Services.
2040 (VIII) On or after January 1, 2010, an unexpired foreign
2041 passport with an unexpired United States Visa affixed,
2042 accompanied by an approved I-94, documenting the most recent
2043 admittance into the United States.
2044
2045 An identification card issued based on documents required
2046 Presentation of any of the documents described in sub
2047 subparagraph g. or sub-subparagraph h. is valid entitles the
2048 applicant to an identification card for a period not to exceed
2049 the expiration date of the document presented or 1 year,
2050 whichever first occurs first.
2051 (9) Notwithstanding any other provision of this section or
2052 s. 322.21 to the contrary, the department shall issue or renew a
2053 card at no charge to a person who presents evidence satisfactory
2054 to the department that he or she is homeless as defined in s.
2055 414.0252.
2056 Section 48. Subsection (4) of section 322.058, Florida
2057 Statutes, is amended to read:
2058 322.058 Suspension of driving privileges due to support
2059 delinquency; reinstatement.—
2060 (4) This section applies only to the annual renewal in the
2061 owner’s birth month of a motor vehicle registration and does not
2062 apply to the transfer of a registration of a motor vehicle sold
2063 by a motor vehicle dealer licensed under chapter 320, except for
2064 the transfer of registrations which includes is inclusive of the
2065 annual renewals. This section does not affect the issuance of
2066 the title to a motor vehicle, notwithstanding s. 319.23(8)(b) s.
2067 319.23(7)(b).
2068 Section 49. Section 322.065, Florida Statutes, is amended
2069 to read:
2070 322.065 Driver Driver’s license expired for 6 4 months or
2071 less; penalties.—A Any person whose driver driver’s license has
2072 been expired for 6 4 months or less and who drives a motor
2073 vehicle upon the highways of this state commits is guilty of an
2074 infraction and is subject to the penalty provided in s. 318.18.
2075 Section 50. Subsection (3) of section 322.07, Florida
2076 Statutes, is amended to read:
2077 322.07 Instruction permits and temporary licenses.—
2078 (3) Any person who, except for his or her lack of
2079 instruction in operating a commercial motor vehicle, would
2080 otherwise be qualified to obtain a commercial driver driver’s
2081 license under this chapter, may apply for a temporary commercial
2082 instruction permit. The department shall issue such a permit
2083 entitling the applicant, while having the permit in his or her
2084 immediate possession, to drive a commercial motor vehicle on the
2085 highways, if provided that:
2086 (a) The applicant possesses a valid Florida driver driver’s
2087 license issued in any state; and
2088 (b) The applicant, while operating a commercial motor
2089 vehicle, is accompanied by a licensed driver who is 21 years of
2090 age or older, who is licensed to operate the class of vehicle
2091 being operated, and who is actually occupying the closest seat
2092 to the right of the driver.
2093 Section 51. Paragraph (c) of subsection (2) and subsection
2094 (7) of section 322.08, Florida Statutes, are amended, and
2095 subsection (8) is added to that section, to read:
2096 322.08 Application for license; requirements for license
2097 and identification card forms.—
2098 (2) Each such application shall include the following
2099 information regarding the applicant:
2100 (c) Proof of identity satisfactory to the department. Such
2101 proof must include one of the following documents issued to the
2102 applicant:
2103 1. A driver driver’s license record or identification card
2104 record from another jurisdiction that required the applicant to
2105 submit a document for identification which is substantially
2106 similar to a document required under subparagraph 2.,
2107 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
2108 6., subparagraph 7., or subparagraph 8.;
2109 2. A certified copy of a United States birth certificate;
2110 3. A valid, unexpired United States passport;
2111 4. A naturalization certificate issued by the United States
2112 Department of Homeland Security;
2113 5. A valid, unexpired alien registration receipt card
2114 (green card);
2115 6. A Consular Report of Birth Abroad provided by the United
2116 States Department of State;
2117 7. An unexpired employment authorization card issued by the
2118 United States Department of Homeland Security; or
2119 8. Proof of nonimmigrant classification provided by the
2120 United States Department of Homeland Security, for an original
2121 driver driver’s license. In order to prove nonimmigrant
2122 classification, an applicant must provide at least one of the
2123 following documents. In addition, the department may require
2124 applicants to produce United States Department of Homeland
2125 Security documents for the sole purpose of establishing the
2126 maintenance of, or efforts to maintain, continuous lawful
2127 presence may produce the following documents, including, but not
2128 limited to:
2129 a. A notice of hearing from an immigration court scheduling
2130 a hearing on any proceeding.
2131 b. A notice from the Board of Immigration Appeals
2132 acknowledging pendency of an appeal.
2133 c. A notice of the approval of an application for
2134 adjustment of status issued by the United States Bureau of
2135 Citizenship and Immigration Services.
2136 d. An Any official documentation confirming the filing of a
2137 petition for asylum or refugee status or any other relief issued
2138 by the United States Bureau of Citizenship and Immigration
2139 Services.
2140 e. A notice of action transferring any pending matter from
2141 another jurisdiction to this state issued by the United States
2142 Bureau of Citizenship and Immigration Services.
2143 f. An order of an immigration judge or immigration officer
2144 granting any relief that authorizes the alien to live and work
2145 in the United States, including, but not limited to, asylum.
2146 g. Evidence that an application is pending for adjustment
2147 of status to that of an alien lawfully admitted for permanent
2148 residence in the United States or conditional permanent resident
2149 status in the United States, if a visa number is available
2150 having a current priority date for processing by the United
2151 States Bureau of Citizenship and Immigration Services.
2152 h. On or after January 1, 2010, an unexpired foreign
2153 passport with an unexpired United States Visa affixed,
2154 accompanied by an approved I-94, documenting the most recent
2155 admittance into the United States.
2156
2157 A driver license or temporary permit issued based on documents
2158 required Presentation of any of the documents in subparagraph 7.
2159 or subparagraph 8. is valid entitles the applicant to a driver’s
2160 license or temporary permit for a period not to exceed the
2161 expiration date of the document presented or 1 year, whichever
2162 occurs first.
2163 (7) The application form for an original, renewal, or
2164 replacement driver driver’s license or identification card shall
2165 include language permitting the following:
2166 (a) A voluntary contribution of $1 per applicant, which
2167 contribution shall be deposited into the Health Care Trust Fund
2168 for organ and tissue donor education and for maintaining the
2169 organ and tissue donor registry.
2170 (b) A voluntary contribution of $1 per applicant, which
2171 contribution shall be distributed to the Florida Council of the
2172 Blind.
2173 (c) A voluntary contribution of $2 per applicant, which
2174 shall be distributed to the Hearing Research Institute,
2175 Incorporated.
2176 (d) A voluntary contribution of $1 per applicant, which
2177 shall be distributed to the Juvenile Diabetes Foundation
2178 International.
2179 (e) A voluntary contribution of $1 per applicant, which
2180 shall be distributed to the Children’s Hearing Help Fund.
2181 (f) A voluntary contribution of $1 per applicant, which
2182 shall be distributed to Family First, a nonprofit organization.
2183 (g) A voluntary contribution of $1 per applicant to Stop
2184 Heart Disease, which shall be distributed to the Florida Heart
2185 Research Institute, a nonprofit organization.
2186 (h) A voluntary contribution of $1 per applicant to Senior
2187 Vision Services, which shall be distributed to the Florida
2188 Association of Agencies Serving the Blind, Inc., a not-for
2189 profit organization.
2190 (i) A voluntary contribution of $1 per applicant for
2191 services for persons with developmental disabilities, which
2192 shall be distributed to The Arc of Florida.
2193 (j) A voluntary contribution of $1 to the Ronald McDonald
2194 House, which shall be distributed each month to Ronald McDonald
2195 House Charities of Tampa Bay, Inc.
2196 (k) Notwithstanding s. 322.081, a voluntary contribution of
2197 $1 per applicant, which shall be distributed to the League
2198 Against Cancer/La Liga Contra el Cancer, a not-for-profit
2199 organization.
2200 (l) A voluntary contribution of $1 per applicant to Prevent
2201 Child Sexual Abuse, which shall be distributed to Lauren’s Kids,
2202 Inc., a nonprofit organization.
2203 (m) A voluntary contribution of $1 per applicant, which
2204 shall be distributed to Prevent Blindness Florida, a not-for
2205 profit organization, to prevent blindness and preserve the sight
2206 of the residents of this state.
2207 (n) Notwithstanding s. 322.081, a voluntary contribution of
2208 $1 per applicant to the state homes for veterans, to be
2209 distributed on a quarterly basis by the department to the State
2210 Homes for Veterans Trust Fund, which is administered by the
2211 Department of Veterans’ Affairs.
2212 (o) A voluntary contribution of $1 per applicant to the
2213 Disabled American Veterans, Department of Florida, which shall
2214 be distributed quarterly to Disabled American Veterans,
2215 Department of Florida, a nonprofit organization.
2216 (p) A voluntary contribution of $1 per applicant for Autism
2217 Services and Supports. Such contributions must be transferred by
2218 the department to the Achievement and Rehabilitation Centers,
2219 Inc., Autism Services Fund.
2220 (q) A voluntary contribution of $1 per applicant to Support
2221 Our Troops, which shall be distributed to Support Our Troops,
2222 Inc., a Florida not-for-profit organization.
2223
2224 A statement providing an explanation of the purpose of the trust
2225 funds shall also be included. For the purpose of applying the
2226 service charge provided in s. 215.20, contributions received
2227 under paragraphs (b)-(q) (b)-(o) are not income of a revenue
2228 nature.
2229 (8) The department may collect electronic mail addresses
2230 and use electronic mail in lieu of the United States Postal
2231 Service for the purpose of providing renewal notices.
2232 Section 52. Subsection (1) of section 322.095, Florida
2233 Statutes, is amended to read:
2234 322.095 Traffic law and substance abuse education program
2235 for driver’s license applicants.—
2236 (1) The Department of Highway Safety and Motor Vehicles
2237 must approve traffic law and substance abuse education courses
2238 that must be completed by applicants for a Florida driver’s
2239 license. The curricula for the courses must provide instruction
2240 on the physiological and psychological consequences of the abuse
2241 of alcohol and other drugs, the societal and economic costs of
2242 alcohol and drug abuse, the effects of alcohol and drug abuse on
2243 the driver of a motor vehicle, the risks associated with using a
2244 handheld electronic communication device while operating a motor
2245 vehicle, and the laws of this state relating to the operation of
2246 a motor vehicle. All instructors teaching the courses shall be
2247 certified by the department.
2248 Section 53. Paragraph (c) of subsection (2) and subsection
2249 (5) of section 322.121, Florida Statutes, are amended to read:
2250 322.121 Periodic reexamination of all drivers.—
2251 (2) For each licensee whose driving record does not show
2252 any revocations, disqualifications, or suspensions for the
2253 preceding 7 years or any convictions for the preceding 3 years
2254 except for convictions of the following nonmoving violations:
2255 (c) Operating a motor vehicle with an expired license that
2256 has been expired for 6 4 months or less pursuant to s. 322.065;
2257
2258 the department shall cause such licensee’s license to be
2259 prominently marked with the notation “Safe Driver.”
2260 (5) Members of the Armed Forces, or their dependents
2261 residing with them, shall be granted an automatic extension for
2262 the expiration of their Class E licenses without reexamination
2263 while serving on active duty outside this state. This extension
2264 is valid for 90 days after the member of the Armed Forces is
2265 either discharged or returns to this state to live.
2266 Section 54. Paragraph (a) of subsection (1) of section
2267 322.14, Florida Statutes, is amended to read:
2268 322.14 Licenses issued to drivers.—
2269 (1)(a) The department shall, upon successful completion of
2270 all required examinations and payment of the required fee, issue
2271 to every qualified applicant qualifying therefor, a driver
2272 driver’s license that must as applied for, which license shall
2273 bear thereon a color photograph or digital image of the
2274 licensee; the name of the state; a distinguishing number
2275 assigned to the licensee; and the licensee’s full name, date of
2276 birth, and residence address; a brief description of the
2277 licensee, including, but not limited to, the licensee’s gender
2278 and height; and the dates of issuance and expiration of the
2279 license. A space shall be provided upon which the licensee shall
2280 affix his or her usual signature. A No license is invalid shall
2281 be valid until it has been so signed by the licensee except that
2282 the signature of the said licensee is not shall not be required
2283 if it appears thereon in facsimile or if the licensee is not
2284 present within the state at the time of issuance. Applicants
2285 qualifying to receive a Class A, Class B, or Class C driver’s
2286 license must appear in person within the state for issuance of a
2287 color photographic or digital imaged driver’s license pursuant
2288 to s. 322.142.
2289 Section 55. Section 322.1415, Florida Statutes, is created
2290 to read:
2291 322.1415 Specialty driver license and identification card
2292 program.—
2293 (1) The department may issue to any applicant qualified
2294 pursuant to s. 322.14 a specialty driver license or
2295 identification card upon payment of the appropriate fee pursuant
2296 to s. 322.21.
2297 (2) Any specialty driver license or identification card
2298 approved by the department shall, at a minimum, be available for
2299 state and independent universities domiciled in this state, all
2300 Florida professional sports teams designated pursuant to s.
2301 320.08058(9)(a), and all branches of the United States Armed
2302 Forces.
2303 (3) The design and use of each specialty driver license and
2304 identification card must be approved by the department and the
2305 organization that is recognized by the driver license or card.
2306 (4) Organizations receiving funds from this program shall
2307 attest, under penalties of perjury, pursuant to s. 320.08062
2308 that the funds have been expended in the same manner as provided
2309 in s. 320.08058. On December 1 of each year, the department
2310 shall deliver an annual report to the President of the Senate
2311 and the Speaker of the House of Representatives which addresses
2312 the viability of the program and details the amounts distributed
2313 to each entity.
2314 (5) This section expires August 31, 2016.
2315 Section 56. Subsection (4) of section 322.142, Florida
2316 Statutes, is amended to read:
2317 322.142 Color photographic or digital imaged licenses.—
2318 (4) The department may maintain a film negative or print
2319 file. The department shall maintain a record of the digital
2320 image and signature of the licensees, together with other data
2321 required by the department for identification and retrieval.
2322 Reproductions from the file or digital record are exempt from
2323 the provisions of s. 119.07(1) and shall be made and issued only
2324 for departmental administrative purposes; for the issuance of
2325 duplicate licenses; in response to law enforcement agency
2326 requests; to the Department of Business and Professional
2327 Regulation pursuant to an interagency agreement for the purpose
2328 of accessing digital images for reproduction of licenses issued
2329 by the Department of Business and Professional Regulation; to
2330 the Department of State pursuant to an interagency agreement to
2331 facilitate determinations of eligibility of voter registration
2332 applicants and registered voters in accordance with ss. 98.045
2333 and 98.075; to the Department of Revenue pursuant to an
2334 interagency agreement for use in establishing paternity and
2335 establishing, modifying, or enforcing support obligations in
2336 Title IV-D cases; to the Department of Children and Family
2337 Services pursuant to an interagency agreement to conduct
2338 protective investigations under part III of chapter 39 and
2339 chapter 415; to the Department of Children and Family Services
2340 pursuant to an interagency agreement specifying the number of
2341 employees in each of that department’s regions to be granted
2342 access to the records for use as verification of identity to
2343 expedite the determination of eligibility for public assistance
2344 and for use in public assistance fraud investigations; or to the
2345 Department of Financial Services pursuant to an interagency
2346 agreement to facilitate the location of owners of unclaimed
2347 property, the validation of unclaimed property claims, and the
2348 identification of fraudulent or false claims; or to district
2349 medical examiners pursuant to an interagency agreement for the
2350 purpose of identifying a deceased individual, determining cause
2351 of death, and notifying next of kin of any investigations,
2352 including autopsies and other laboratory examinations,
2353 authorized in s. 406.011.
2354 Section 57. Section 322.145, Florida Statutes, is created
2355 to read:
2356 322.145 Electronic authentication of licenses.—
2357 (1) Any driver license issued on or after July 1, 2013,
2358 must contain a means of electronic authentication which conforms
2359 to a recognized standard for such authentication such as public
2360 key infrastructure, symmetric key algorithms, security tokens,
2361 mediametrics, or biometrics. The electronic authentication
2362 capabilities must not interfere with or change the driver
2363 license format or topology.
2364 (2) The department shall provide, at the applicant’s option
2365 and at the time a license is issued, a security token that can
2366 be electronically authenticated through a personal computer. The
2367 token must also conform to one of the standards provided in
2368 subsection (1).
2369 (3) The department shall negotiate a new contract with the
2370 vendor selected to implement the electronic authentication
2371 feature which contains a provision requiring that the vendor pay
2372 all the costs associated with implementing the system. The
2373 contract must not conflict with current contractual arrangements
2374 for the issuance of driver licenses.
2375 Section 58. Subsection (2) of section 322.19, Florida
2376 Statutes, is amended to read:
2377 322.19 Change of address or name.—
2378 (2) Whenever any person, after applying for or receiving a
2379 driver driver’s license, changes the legal residence or mailing
2380 address in the application or license, the person must, within
2381 10 calendar days after making the change, obtain a replacement
2382 license that reflects the change. A written request to the
2383 department must include the old and new addresses and the driver
2384 driver’s license number. Any person who has a valid, current
2385 student identification card issued by an educational institution
2386 in this state is presumed not to have changed his or her legal
2387 residence or mailing address. This subsection does not affect
2388 any person required to register a permanent or temporary address
2389 change pursuant to s. 775.13, s. 775.21, s. 775.25, or s.
2390 943.0435.
2391 Section 59. Present paragraphs (e) through (h) of
2392 subsection (1) of section 322.21, Florida Statutes, are
2393 redesignated as paragraphs (f) through (i), respectively, and
2394 new paragraphs (e) and (j) are added to that subsection, to
2395 read:
2396 322.21 License fees; procedure for handling and collecting
2397 fees.—
2398 (1) Except as otherwise provided herein, the fee for:
2399 (e) An original or renewal enhanced driver license or
2400 identification card that meets the requirements of the Western
2401 Hemisphere Travel Initiative, in addition to the fees required
2402 in paragraph (a), paragraph (b), paragraph (c), or paragraph
2403 (f), may not exceed $30. The funds collected pursuant to this
2404 paragraph shall be deposited into the Highway Safety Operating
2405 Trust Fund to offset the cost of administration and materials
2406 related to the issuance of the enhanced driver license or
2407 identification card. The issuance of an enhanced driver license
2408 or identification card is optional for all residents who are
2409 otherwise qualified to be issued a Class A, B, C, or E driver
2410 license or an identification card.
2411 (j) The specialty driver license or identification card
2412 issued pursuant to s. 322.1415 is $25, which is in addition to
2413 other fees required in this section. The fee shall be
2414 distributed as follows:
2415 1. Fifty percent shall be distributed as provided in s.
2416 320.08058 to the appropriate state or independent university,
2417 professional sports team, or branch of the United States Armed
2418 Forces.
2419 2. Fifty percent shall be distributed to the department for
2420 costs directly related to the specialty driver license and
2421 identification card program and to defray the costs associated
2422 with production enhancements and distribution.
2423 Section 60. Subsection (2) of section 322.251, Florida
2424 Statutes, is amended to read:
2425 322.251 Notice of cancellation, suspension, revocation, or
2426 disqualification of license.—
2427 (2) The giving of notice and an order of cancellation,
2428 suspension, revocation, or disqualification by mail is complete
2429 upon expiration of 20 days after deposit in the United States
2430 mail for all notices except those issued under chapter 324 or
2431 ss. 627.732-627.734, which are complete 15 days after deposit in
2432 the United States mail. Proof of the giving of notice and an
2433 order of cancellation, suspension, revocation, or
2434 disqualification in either such manner shall be made by entry in
2435 the records of the department that such notice was given. The
2436 Such entry is shall be admissible in the courts of this state
2437 and constitutes shall constitute sufficient proof that such
2438 notice was given.
2439 Section 61. Section 322.27, Florida Statutes, is amended to
2440 read:
2441 322.27 Authority of department to suspend or revoke driver
2442 license or identification card.—
2443 (1) Notwithstanding any provisions to the contrary in
2444 chapter 120, the department may is hereby authorized to suspend
2445 the license or identification card of any person without
2446 preliminary hearing upon a showing of its records or other
2447 sufficient evidence that the licensee:
2448 (a) Has committed an offense for which mandatory revocation
2449 of license is required upon conviction. A law enforcement agency
2450 must provide information to the department within 24 hours after
2451 any traffic fatality or when the law enforcement agency
2452 initiates action pursuant to s. 316.1933;
2453 (b) Has been convicted of a violation of any traffic law
2454 which resulted in a crash that caused the death or personal
2455 injury of another or property damage in excess of $500;
2456 (c) Is incompetent to drive a motor vehicle;
2457 (d) Has permitted an unlawful or fraudulent use of the such
2458 license or identification card or has knowingly been a party to
2459 the obtaining of a license or identification card by fraud or
2460 misrepresentation or to the display, or representation represent
2461 as one’s own, of a driver any driver’s license or identification
2462 card not issued to him or her. Provided, however, no provision
2463 of This section does not shall be construed to include the
2464 provisions of s. 322.32(1);
2465 (e) Has committed an offense in another state which, if
2466 committed in this state, would be grounds for suspension or
2467 revocation; or
2468 (f) Has committed a second or subsequent violation of s.
2469 316.172(1) within a 5-year period of any previous violation.
2470 (2) The department shall suspend the license of any person
2471 without preliminary hearing upon a showing of its records that
2472 the licensee has been convicted in any court having jurisdiction
2473 over offenses committed under this chapter or any other law of
2474 this state regulating the operation of a motor vehicle on the
2475 highways, upon direction of the court, when the court feels that
2476 the seriousness of the offense and the circumstances surrounding
2477 the conviction warrant the suspension of the licensee’s driving
2478 privilege.
2479 (3) There is established a point system for evaluation of
2480 convictions of violations of motor vehicle laws or ordinances,
2481 and violations of applicable provisions of s. 403.413(6)(b) when
2482 such violations involve the use of motor vehicles, for the
2483 determination of the continuing qualification of any person to
2484 operate a motor vehicle. The department is authorized to suspend
2485 the license of any person upon showing of its records or other
2486 good and sufficient evidence that the licensee has been
2487 convicted of violation of motor vehicle laws or ordinances, or
2488 applicable provisions of s. 403.413(6)(b), amounting to 12 or
2489 more points as determined by the point system. The suspension
2490 shall be for a period of not more than 1 year.
2491 (a) When a licensee accumulates 12 points within a 12-month
2492 period, the period of suspension shall be for not more than 30
2493 days.
2494 (b) When a licensee accumulates 18 points, including points
2495 upon which suspension action is taken under paragraph (a),
2496 within an 18-month period, the suspension shall be for a period
2497 of not more than 3 months.
2498 (c) When a licensee accumulates 24 points, including points
2499 upon which suspension action is taken under paragraphs (a) and
2500 (b), within a 36-month period, the suspension shall be for a
2501 period of not more than 1 year.
2502 (d) The point system shall have as its basic element a
2503 graduated scale of points assigning relative values to
2504 convictions of the following violations:
2505 1. Reckless driving, willful and wanton—4 points.
2506 2. Leaving the scene of a crash resulting in property
2507 damage of more than $50—6 points.
2508 3. Unlawful speed resulting in a crash—6 points.
2509 4. Passing a stopped school bus—4 points.
2510 5. Unlawful speed:
2511 a. Not in excess of 15 miles per hour of lawful or posted
2512 speed—3 points.
2513 b. In excess of 15 miles per hour of lawful or posted
2514 speed—4 points.
2515 6. A violation of a traffic control signal device as
2516 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
2517 However, no points shall be imposed for a violation of s.
2518 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2519 stop at a traffic signal and when enforced by a traffic
2520 infraction enforcement officer. In addition, a violation of s.
2521 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
2522 stop at a traffic signal and when enforced by a traffic
2523 infraction enforcement officer may not be used for purposes of
2524 setting motor vehicle insurance rates.
2525 7. All other moving violations (including parking on a
2526 highway outside the limits of a municipality)—3 points. However,
2527 no points shall be imposed for a violation of s. 316.0741 or s.
2528 316.2065(12); and points shall be imposed for a violation of s.
2529 316.1001 only when imposed by the court after a hearing pursuant
2530 to s. 318.14(5).
2531 8. Any moving violation covered above, excluding unlawful
2532 speed, resulting in a crash—4 points.
2533 9. Any conviction under s. 403.413(6)(b)—3 points.
2534 10. Any conviction under s. 316.0775(2)—4 points.
2535 (e) A conviction in another state of a violation therein
2536 which, if committed in this state, would be a violation of the
2537 traffic laws of this state, or a conviction of an offense under
2538 any federal law substantially conforming to the traffic laws of
2539 this state, except a violation of s. 322.26, may be recorded
2540 against a driver on the basis of the same number of points
2541 received had the conviction been made in a court of this state.
2542 (f) In computing the total number of points, when the
2543 licensee reaches the danger zone, the department is authorized
2544 to send the licensee a warning letter advising that any further
2545 convictions may result in suspension of his or her driving
2546 privilege.
2547 (g) The department shall administer and enforce the
2548 provisions of this law and may make rules and regulations
2549 necessary for its administration.
2550 (h) Three points shall be deducted from the driver history
2551 record of any person whose driving privilege has been suspended
2552 only once pursuant to this subsection and has been reinstated,
2553 if such person has complied with all other requirements of this
2554 chapter.
2555 (i) This subsection does shall not apply to persons
2556 operating a nonmotorized vehicle for which a driver driver’s
2557 license is not required.
2558 (4) The department, in computing the points and period of
2559 time for suspensions under this section, shall use the offense
2560 date of all convictions.
2561 (5) The department shall revoke the license of any person
2562 designated a habitual offender, as set forth in s. 322.264, and
2563 such person is shall not be eligible to be relicensed for a
2564 minimum of 5 years from the date of revocation, except as
2565 provided for in s. 322.271. Any person whose license is revoked
2566 may, by petition to the department, show cause why his or her
2567 license should not be revoked.
2568 (6) The department shall revoke the driving privilege of
2569 any person who is convicted of a felony for the possession of a
2570 controlled substance if, at the time of such possession, the
2571 person was driving or in actual physical control of a motor
2572 vehicle. A person whose driving privilege has been revoked
2573 pursuant to this subsection is shall not be eligible to receive
2574 a limited business or employment purpose license during the term
2575 of such revocation.
2576 (7) Review of an order of suspension or revocation shall be
2577 by writ of certiorari as provided in s. 322.31.
2578 Section 62. Subsection (5) of section 322.292, Florida
2579 Statutes, is repealed.
2580 Section 63. Subsection (2) of section 322.53, Florida
2581 Statutes, is amended to read:
2582 322.53 License required; exemptions.—
2583 (2) The following persons are exempt from the requirement
2584 to obtain a commercial driver driver’s license:
2585 (a) Drivers of authorized emergency vehicles.
2586 (b) Military personnel driving vehicles operated for
2587 military purposes.
2588 (c) Farmers transporting agricultural products, farm
2589 supplies, or farm machinery to or from their farms and within
2590 150 miles of their farms farm, if the vehicle operated under
2591 this exemption is not used in the operations of a common or
2592 contract motor carrier or transporting agricultural products to
2593 or from the first place of storage or processing or directly to
2594 or from market, within 150 miles of their farm.
2595 (d) Drivers of recreational vehicles, as defined in s.
2596 320.01.
2597 (e) Drivers who operate straight trucks, as defined in s.
2598 316.003, and who that are exclusively transporting exclusively
2599 their own tangible personal property, which is not for sale.
2600 (f) Employees An employee of a publicly owned transit
2601 system who are is limited to moving vehicles for maintenance or
2602 parking purposes exclusively within the restricted-access
2603 confines of a transit system’s property.
2604 Section 64. Subsection (2) of section 322.54, Florida
2605 Statutes, is amended to read:
2606 322.54 Classification.—
2607 (2) The department shall issue, pursuant to the
2608 requirements of this chapter, driver drivers’ licenses in
2609 accordance with the following classifications:
2610 (a) Any person who drives a motor vehicle combination
2611 having a gross vehicle weight rating or gross vehicle weight of
2612 26,001 pounds or more must possess a valid Class A driver
2613 driver’s license, if provided the gross vehicle weight rating or
2614 gross vehicle weight of the vehicle being towed is more than
2615 10,000 pounds. Any person who possesses a valid Class A driver
2616 driver’s license may, subject to the appropriate restrictions
2617 and endorsements, drive any class of motor vehicle within this
2618 state.
2619 (b) Any person, except a person who possesses a valid Class
2620 A driver driver’s license, who drives a motor vehicle having a
2621 gross vehicle weight rating or gross vehicle weight of 26,001
2622 pounds or more must possess a valid Class B driver driver’s
2623 license. Any person, except a person who possesses a valid Class
2624 A driver driver’s license, who drives such vehicle towing a
2625 vehicle having a gross vehicle weight rating of 10,000 pounds or
2626 less must possess a valid Class B driver driver’s license. Any
2627 person who possesses a valid Class B driver driver’s license
2628 may, subject to the appropriate restrictions and endorsements,
2629 drive any class of motor vehicle, other than the type of motor
2630 vehicle for which a Class A driver driver’s license is required,
2631 within this state.
2632 (c) Any person, except a person who possesses a valid Class
2633 A or a valid Class B driver driver’s license, who drives a motor
2634 vehicle having a gross vehicle weight rating of less than 26,001
2635 pounds and who is required to obtain an endorsement pursuant to
2636 paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) of s.
2637 322.57, must possess a valid Class C driver driver’s license.
2638 Any person who possesses a valid Class C driver driver’s license
2639 may, subject to the appropriate restrictions and endorsements,
2640 drive any class of motor vehicle, other than the type of motor
2641 vehicle for which a Class A or a Class B driver driver’s license
2642 is required, within this state.
2643 (d) Any person, except a person who possesses a valid Class
2644 A, valid Class B, or valid Class C driver driver’s license, who
2645 drives a motor vehicle must possess a valid Class E driver
2646 driver’s license. Any person who possesses a valid Class E
2647 driver driver’s license may, subject to the appropriate
2648 restrictions and endorsements, drive any type of motor vehicle,
2649 other than the type of motor vehicle for which a Class A, Class
2650 B, or Class C driver driver’s license is required, within this
2651 state.
2652 Section 65. Section 322.58, Florida Statutes, is repealed.
2653 Section 66. Section 322.59, Florida Statutes, is amended to
2654 read:
2655 322.59 Possession of medical examiner’s certificate.—
2656 (1) The department may shall not issue a commercial driver
2657 driver’s license to a any person who is required by the laws of
2658 this state or by federal law to possess a medical examiner’s
2659 certificate, unless the such person presents a valid
2660 certificate, as described in 49 C.F.R. s. 383.71, before prior
2661 to licensure.
2662 (2) The department shall disqualify a driver from operating
2663 a commercial motor vehicle if the driver holds a commercial
2664 driver license and fails to comply with the medical
2665 certification requirements in 49 C.F.R. s. 383.71 This section
2666 does not expand the requirements as to who must possess a
2667 medical examiner’s certificate.
2668 (3) A person who is disqualified from operating a
2669 commercial motor vehicle under this section may, if otherwise
2670 qualified, be issued a Class E driver license pursuant to s.
2671 322.251.
2672 Section 67. Subsections (3) and (5) of section 322.61,
2673 Florida Statutes, are amended to read:
2674 322.61 Disqualification from operating a commercial motor
2675 vehicle.—
2676 (3)(a) Except as provided in subsection (4), any person who
2677 is convicted of one of the offenses listed in paragraph (b)
2678 while operating a commercial motor vehicle shall, in addition to
2679 any other applicable penalties, be disqualified from operating a
2680 commercial motor vehicle for a period of 1 year.:
2681 (b) Except as provided in subsection (4), any holder of a
2682 commercial driver driver’s license who is convicted of one of
2683 the offenses listed in this paragraph while operating a
2684 noncommercial motor vehicle shall, in addition to any other
2685 applicable penalties, be disqualified from operating a
2686 commercial motor vehicle for a period of 1 year:
2687 1. Driving a motor vehicle while he or she is under the
2688 influence of alcohol or a controlled substance;
2689 2. Driving a commercial motor vehicle while the alcohol
2690 concentration of his or her blood, breath, or urine is .04
2691 percent or higher;
2692 3. Leaving the scene of a crash involving a motor vehicle
2693 driven by such person;
2694 4. Using a motor vehicle in the commission of a felony;
2695 5. Driving a commercial motor vehicle while in possession
2696 of a controlled substance;
2697 6. Refusing to submit to a test to determine his or her
2698 alcohol concentration while driving a motor vehicle;
2699 7. Driving a commercial vehicle while the licenseholder’s
2700 commercial driver driver’s license is suspended, revoked, or
2701 canceled or while the licenseholder is disqualified from driving
2702 a commercial vehicle; or
2703 8. Causing a fatality through the negligent operation of a
2704 commercial motor vehicle.
2705 (5) A Any person who is convicted of two violations
2706 specified in subsection (3) which were committed while operating
2707 a commercial motor vehicle, or any combination thereof, arising
2708 in separate incidents shall be permanently disqualified from
2709 operating a commercial motor vehicle. A Any holder of a
2710 commercial driver driver’s license who is convicted of two
2711 violations specified in subsection (3) which were committed
2712 while operating any a noncommercial motor vehicle, or any
2713 combination thereof, arising in separate incidents shall be
2714 permanently disqualified from operating a commercial motor
2715 vehicle. The penalty provided in this subsection is in addition
2716 to any other applicable penalty.
2717 Section 68. Section 323.002, Florida Statutes, is amended
2718 to read:
2719 323.002 County and municipal wrecker operator systems;
2720 penalties for operation outside of system.—
2721 (1) As used in this section, the term:
2722 (a) “Authorized wrecker operator” means any wrecker
2723 operator who has been designated as part of the wrecker operator
2724 system established by the governmental unit having jurisdiction
2725 over the scene of a wrecked or disabled vehicle.
2726 (b) “Unauthorized wrecker operator” means any wrecker
2727 operator who has not been designated as part of the wrecker
2728 operator system established by the governmental unit having
2729 jurisdiction over the scene of a wrecked or disabled vehicle.
2730 (c) “Wrecker operator system” means a system for the towing
2731 or removal of wrecked, disabled, or abandoned vehicles, similar
2732 to the Florida Highway Patrol wrecker operator system described
2733 in s. 321.051(2), under which a county or municipality contracts
2734 with one or more wrecker operators for the towing or removal of
2735 wrecked, disabled, or abandoned vehicles from accident scenes,
2736 streets, or highways. A wrecker operator system shall include
2737 using a method for apportioning the towing assignments among the
2738 eligible wrecker operators through the creation of geographic
2739 zones, a rotation schedule, or a combination of these methods.
2740 (2) In any county or municipality that operates a wrecker
2741 operator system:
2742 (a) It is unlawful for an unauthorized wrecker operator or
2743 its employees or agents to monitor police radio for
2744 communications between patrol field units and the dispatcher in
2745 order to determine the location of a wrecked or disabled vehicle
2746 for the purpose of driving by the scene of such vehicle in a
2747 manner described in paragraph (b) or paragraph (c). Any person
2748 who violates this paragraph commits is guilty of a noncriminal
2749 violation, punishable as provided in s. 775.083, and the
2750 person’s wrecker, tow truck, or other motor vehicle that was
2751 used during the offense may be immediately removed and impounded
2752 pursuant to subsection (3).
2753 (b) It is unlawful for an unauthorized wrecker operator to
2754 drive by the scene of a wrecked or disabled vehicle before the
2755 arrival of an authorized wrecker operator, initiate contact with
2756 the owner or operator of such vehicle by soliciting or offering
2757 towing services, and tow such vehicle. Any person who violates
2758 this paragraph commits is guilty of a misdemeanor of the second
2759 degree, punishable as provided in s. 775.082 or s. 775.083, and
2760 the person’s wrecker, tow truck, or other motor vehicle that was
2761 used during the offense may be immediately removed and impounded
2762 pursuant to subsection (3).
2763 (c) When an unauthorized wrecker operator drives by the
2764 scene of a wrecked or disabled vehicle and the owner or operator
2765 initiates contact by signaling the wrecker operator to stop and
2766 provide towing services, the unauthorized wrecker operator must
2767 disclose in writing to the owner or operator of the vehicle his
2768 or her full name and driver license number, that he or she is
2769 not the authorized wrecker operator who has been designated as
2770 part of the wrecker operator system, that the motor vehicle is
2771 not being towed for the owner’s or operator’s insurance company
2772 or lienholder, and the maximum must disclose, in writing, what
2773 charges for towing and storage which will apply before the
2774 vehicle is connected to the towing apparatus. The unauthorized
2775 wrecker operator must also provide a copy of the disclosure to
2776 the owner or operator in the presence of a law enforcement
2777 officer if such officer is at the scene of a motor vehicle
2778 accident. Any person who violates this paragraph commits is
2779 guilty of a misdemeanor of the second degree, punishable as
2780 provided in s. 775.082 or s. 775.083, and the person’s wrecker,
2781 tow truck, or other motor vehicle that was used during the
2782 offense may be immediately removed and impounded pursuant to
2783 subsection (3).
2784 (d) At the scene of a wrecked or disabled vehicle, it is
2785 unlawful for a wrecker operator to falsely identify himself or
2786 herself as being part of the wrecker operator system. Any person
2787 who violates this paragraph commits is guilty of a misdemeanor
2788 of the first degree, punishable as provided in s. 775.082 or s.
2789 775.083, and the person’s wrecker, tow truck, or other motor
2790 vehicle that was used during the offense may be immediately
2791 removed and impounded pursuant to subsection (3).
2792 (3)(a) A law enforcement officer from any local
2793 governmental agency or state law enforcement agency may cause to
2794 be immediately removed and impounded from the scene of a wrecked
2795 or disabled vehicle, at the unauthorized wrecker operator’s
2796 expense, any wrecker, tow truck, or other motor vehicle that is
2797 used in violation of any provision of subsection (2). The
2798 unauthorized wrecker operator shall be assessed a cost recovery
2799 fine as provided in paragraph (b) by the authority that ordered
2800 the immediate removal and impoundment of the wrecker, tow truck,
2801 or other motor vehicle. A wrecker, tow truck, or other motor
2802 vehicle that is removed and impounded pursuant to this section
2803 may not be released from an impound or towing and storage
2804 facility before a release form has been completed by the
2805 authority that ordered the immediate removal and impoundment of
2806 the wrecker, tow truck, or other motor vehicle which verifies
2807 that the cost recovery fine has been paid to the authority. The
2808 vehicle must remain impounded until the fine has been paid or
2809 until the vehicle is sold at public sale pursuant to s. 713.78.
2810 (b) Notwithstanding any other provision of law to the
2811 contrary, the unauthorized wrecker operator, upon retrieval of
2812 the wrecker, tow truck, or other motor vehicle removed or
2813 impounded pursuant to this section, and in addition to any other
2814 penalties that may be imposed for noncriminal violations, shall
2815 pay a cost recovery fine of $500 for a first-time violation of
2816 any provision of subsection (2), or a fine of $1,000 for each
2817 subsequent violation, to the authority that ordered the
2818 immediate removal and impoundment of the wrecker, tow truck, or
2819 other motor vehicle. Cost recovery funds collected under this
2820 subsection shall be retained by the authority that ordered the
2821 removal and impoundment of the wrecker, tow truck, or other
2822 motor vehicle and may be used only for the enforcement,
2823 investigation, prosecution, and training related to towing
2824 violations and crimes involving motor vehicles.
2825 (c) Notwithstanding any other provision of law to the
2826 contrary and in addition to the cost recovery fine required by
2827 this subsection, a person who violates any provision of
2828 subsection (2) shall pay the fees associated with the removal
2829 and storage of the unauthorized wrecker, tow truck, or other
2830 motor vehicle.
2831 (4)(3) This section does not prohibit, or in any way
2832 prevent, the owner or operator of a vehicle involved in an
2833 accident or otherwise disabled from contacting any wrecker
2834 operator for the provision of towing services, whether the
2835 wrecker operator is an authorized wrecker operator or not.
2836 Section 69. Subsection (1) of section 324.072, Florida
2837 Statutes, is amended to read:
2838 324.072 Proof required upon certain convictions.—
2839 (1) Upon the suspension or revocation of a license pursuant
2840 to the provisions of s. 322.26 or s. 322.27, the department
2841 shall suspend the registration for all motor vehicles registered
2842 in the name of the licensee such person, either individually or
2843 jointly with another. However, the department may, except that
2844 it shall not suspend the such registration, unless otherwise
2845 required by law, if the such person had insurance coverage
2846 limits required under s. 324.031 on the date of the latest
2847 offense that caused the suspension or revocation, or has
2848 previously given or shall immediately give, and thereafter
2849 maintain, proof of financial responsibility with respect to all
2850 motor vehicles registered by the such person, in accordance with
2851 this chapter.
2852 Section 70. Subsection (1) of section 324.091, Florida
2853 Statutes, is amended to read:
2854 324.091 Notice to department; notice to insurer.—
2855 (1) Each owner and operator involved in a crash or
2856 conviction case within the purview of this chapter shall furnish
2857 evidence of automobile liability insurance, motor vehicle
2858 liability insurance, or a surety bond within 14 30 days after
2859 from the date of the mailing of notice of crash by the
2860 department in the such form and manner as it may designate. Upon
2861 receipt of evidence that an automobile liability policy, motor
2862 vehicle liability policy, or surety bond was in effect at the
2863 time of the crash or conviction case, the department shall
2864 forward by United States mail, postage prepaid, to the insurer
2865 or surety insurer a copy of such information and shall assume
2866 that the such policy or bond was in effect, unless the insurer
2867 or surety insurer notifies shall notify the department otherwise
2868 within 20 days after from the mailing of the notice to the
2869 insurer or surety insurer. However,; provided that if the
2870 department shall later determines ascertain that an automobile
2871 liability policy, motor vehicle liability policy, or surety bond
2872 was not in effect and did not provide coverage for both the
2873 owner and the operator, it shall at such time take such action
2874 as it is otherwise authorized to do under this chapter. Proof of
2875 mailing to the insurer or surety insurer may be made by the
2876 department by naming the insurer or surety insurer to whom the
2877 such mailing was made and by specifying the time, place, and
2878 manner of mailing.
2879 Section 71. Subsection (5) of section 328.15, Florida
2880 Statutes, is amended to read:
2881 328.15 Notice of lien on vessel; recording.—
2882 (5)(a) The Department of Highway Safety and Motor Vehicles
2883 shall adopt make such rules to administer and regulations as it
2884 deems necessary or proper for the effective administration of
2885 this section law. The department may by rule require that a
2886 notice of satisfaction of a lien be notarized. The department
2887 shall prepare the forms of the notice of lien and the
2888 satisfaction of lien to be supplied, at a charge not to exceed
2889 50 percent more than cost, to applicants for recording the liens
2890 or satisfactions and shall keep a record of such notices of lien
2891 and satisfactions available for inspection by the public at all
2892 reasonable times. The division may is authorized to furnish
2893 certified copies of such satisfactions for a fee of $1, which
2894 are certified copies shall be admissible in evidence in all
2895 courts of this state under the same conditions and to the same
2896 effect as certified copies of other public records.
2897 (b) The department shall establish and administer an
2898 electronic titling program that requires the recording of vessel
2899 title information for new, transferred, and corrected
2900 certificates of title. Lienholders shall electronically transmit
2901 liens and lien satisfactions to the department in a format
2902 determined by the department. Individuals and lienholders who
2903 the department determines are not normally engaged in the
2904 business or practice of financing vessels are not required to
2905 participate in the electronic titling program.
2906 Section 72. Subsection (4) of section 328.16, Florida
2907 Statutes, is amended to read:
2908 328.16 Issuance in duplicate; delivery; liens and
2909 encumbrances.—
2910 (4) Notwithstanding any requirements in this section or in
2911 s. 328.15 indicating that a lien on a vessel shall be noted on
2912 the face of the Florida certificate of title, if there are one
2913 or more liens or encumbrances on a vessel, the department shall
2914 may electronically transmit the lien to the first lienholder and
2915 notify the first lienholder of any additional liens. Subsequent
2916 lien satisfactions shall may be electronically transmitted to
2917 the department and must shall include the name and address of
2918 the person or entity satisfying the lien. When electronic
2919 transmission of liens and lien satisfactions are used, the
2920 issuance of a certificate of title may be waived until the last
2921 lien is satisfied and a clear certificate of title is issued to
2922 the owner of the vessel.
2923 Section 73. Section 328.30, Florida Statutes, is amended to
2924 read:
2925 328.30 Transactions by electronic or telephonic means.—
2926 (1) The department may is authorized to accept any
2927 application provided for under this chapter by electronic or
2928 telephonic means.
2929 (2) The department may issue an electronic certificate of
2930 title in lieu of printing a paper title.
2931 (3) The department may collect electronic mail addresses
2932 and use electronic mail in lieu of the United States Postal
2933 Service for the purpose of providing renewal notices.
2934 Section 74. Subsection (1) of section 520.32, Florida
2935 Statutes, is amended to read:
2936 520.32 Licenses.—
2937 (1) A person may not engage in or transact the business of
2938 a retail seller engaging in retail installment transactions as
2939 defined in this part or operate a branch of such business
2940 without a license, except that a license is not required for:
2941 (a) A retail seller whose retail installment transactions
2942 are limited to the honoring of credit cards issued by dealers in
2943 oil and petroleum products licensed to do business in this
2944 state.
2945 (b) A person licensed by the office under part I. This
2946 paragraph exempts only a person licensed under part I from the
2947 licensure requirements of this section. This paragraph does not
2948 exempt the licensee from the other sections of this part, and
2949 any violations of those sections may subject the licensee to
2950 disciplinary action.
2951 Section 75. Paragraph (f) of subsection (13) of section
2952 713.78, Florida Statutes, is amended to read:
2953 713.78 Liens for recovering, towing, or storing vehicles
2954 and vessels.—
2955 (13)
2956 (f) This subsection applies only to the annual renewal in
2957 the registered owner’s birth month of a motor vehicle
2958 registration and does not apply to the transfer of a
2959 registration of a motor vehicle sold by a motor vehicle dealer
2960 licensed under chapter 320, except for the transfer of
2961 registrations which includes is inclusive of the annual
2962 renewals. This subsection does not apply to any vehicle
2963 registered in the name of the lessor. This subsection does not
2964 affect the issuance of the title to a motor vehicle,
2965 notwithstanding s. 319.23(8)(b) s. 319.23(7)(b).
2966 Section 76. Present subsection (3) of section 316.083,
2967 Florida Statutes, is redesignated as subsection (4), and a new
2968 subsection (3) is added to that section, to read:
2969 316.083 Overtaking and passing a vehicle.—The following
2970 rules shall govern the overtaking and passing of vehicles
2971 proceeding in the same direction, subject to those limitations,
2972 exceptions, and special rules hereinafter stated:
2973 (3)(a) On roads, streets, or highways having two or more
2974 lanes that allow movement in the same direction, a driver may
2975 not continue to operate a motor vehicle in the furthermost left
2976 hand lane if the driver knows, or reasonably should know, that
2977 he or she is being overtaken in that lane from the rear by a
2978 motor vehicle traveling at a higher rate of speed.
2979 (b) Paragraph (a) does not apply to a driver operating a
2980 motor vehicle in the furthermost left-hand lane if:
2981 1. The driver is driving the legal speed limit and is not
2982 impeding the flow of traffic in the furthermost left-hand lane;
2983 2. The driver is in the process of overtaking a slower
2984 motor vehicle in the adjacent right-hand lane for the purpose of
2985 passing the slower moving vehicle so that the driver may move to
2986 the adjacent right-hand lane;
2987 3. Conditions make the flow of traffic substantially the
2988 same in all lanes or preclude the driver from moving to the
2989 adjacent right-hand lane;
2990 4. The driver’s movement to the adjacent right-hand lane
2991 could endanger the driver or other drivers;
2992 5. The driver is directed by a law enforcement officer,
2993 road sign, or road crew to remain in the furthermost left-hand
2994 lane; or
2995 6. The driver is preparing to make a left turn.
2996 (c) A driver who violates s. 316.183 and this subsection
2997 simultaneously shall receive a uniform traffic citation solely
2998 under s. 316.183.
2999 Section 77. Section 316.1923, Florida Statutes, is amended
3000 to read:
3001 316.1923 Aggressive careless driving.—
3002 (1) “Aggressive careless driving” means committing three
3003 two or more of the following acts simultaneously or in
3004 succession:
3005 (a)(1) Exceeding the posted speed as defined in s.
3006 322.27(3)(d)5.b.
3007 (b)(2) Unsafely or improperly changing lanes as defined in
3008 s. 316.085.
3009 (c)(3) Following another vehicle too closely as defined in
3010 s. 316.0895(1).
3011 (d)(4) Failing to yield the right-of-way as defined in s.
3012 316.079, s. 316.0815, or s. 316.123.
3013 (e)(5) Improperly passing or failing to yield to overtaking
3014 vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.
3015 (f)(6) Violating traffic control and signal devices as
3016 defined in ss. 316.074 and 316.075.
3017 (2) Any person convicted of aggressive careless driving
3018 shall be cited for a moving violation and punished as provided
3019 in chapter 318, and by the accumulation of points as provided in
3020 s. 322.27, for each act of aggressive careless driving.
3021 Section 78. For the purpose of incorporating the amendments
3022 made by this act to section 316.1923, Florida Statutes, in a
3023 reference thereto, paragraph (a) of subsection (1) of section
3024 316.650, Florida Statutes, is reenacted to read:
3025 316.650 Traffic citations.—
3026 (1)(a) The department shall prepare and supply to every
3027 traffic enforcement agency in this state an appropriate form
3028 traffic citation that contains a notice to appear, is issued in
3029 prenumbered books, meets the requirements of this chapter or any
3030 laws of this state regulating traffic, and is consistent with
3031 the state traffic court rules and the procedures established by
3032 the department. The form shall include a box that is to be
3033 checked by the law enforcement officer when the officer believes
3034 that the traffic violation or crash was due to aggressive
3035 careless driving as defined in s. 316.1923. The form shall also
3036 include a box that is to be checked by the law enforcement
3037 officer when the officer writes a uniform traffic citation for a
3038 violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
3039 the driver failing to stop at a traffic signal.
3040 Section 79. Section 318.121, Florida Statutes, is amended
3041 to read:
3042 318.121 Preemption of additional fees, fines, surcharges,
3043 and costs.—Notwithstanding any general or special law, or
3044 municipal or county ordinance, additional fees, fines,
3045 surcharges, or costs other than the additional fees, fines,
3046 court costs, and surcharges assessed under s. 318.18(11), (13),
3047 (18), and (19), and (22) may not be added to the civil traffic
3048 penalties assessed in this chapter.
3049 Section 80. Section 318.19, Florida Statutes, is amended to
3050 read:
3051 318.19 Infractions requiring a mandatory hearing.—Any
3052 person cited for the infractions listed in this section shall
3053 not have the provisions of s. 318.14(2), (4), and (9) available
3054 to him or her but must appear before the designated official at
3055 the time and location of the scheduled hearing:
3056 (1) Any infraction which results in a crash that causes the
3057 death of another;
3058 (2) Any infraction which results in a crash that causes
3059 “serious bodily injury” of another as defined in s. 316.1933(1);
3060 (3) Any infraction of s. 316.172(1)(b);
3061 (4) Any infraction of s. 316.520(1) or (2); or
3062 (5) Any infraction of s. 316.183(2), s. 316.187, or s.
3063 316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
3064 (6) A second or subsequent infraction of s. 316.1923(1).
3065 Section 81. Sections 2, 19, 76, 77, 78, 79, 80, 81, 82, and
3066 83 of this act may be cited as the “Highway Safety Act.”
3067 Section 82. The Department of Highway Safety and Motor
3068 Vehicles shall provide information about the Highway Safety Act
3069 in all driver license educational materials newly printed on or
3070 after October 1, 2012.
3071 Section 83. The Legislature finds that road rage and
3072 aggressive careless driving are a growing threat to the health,
3073 safety, and welfare of the public. The intent of the Legislature
3074 is to reduce road rage and aggressive careless driving, reduce
3075 the incidence of drivers’ interfering with the movement of
3076 traffic, minimize crashes, and promote the orderly, free flow of
3077 traffic on the roads and highways of the state.
3078 Section 84. Except as otherwise expressly provided in this
3079 act and except for this section, which shall take effect upon
3080 this act becoming a law, this act shall take effect January 1,
3081 2013.