Senate Bill 1270c2

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    Florida Senate - 1999                    CS for CS for SB 1270

    By the Committees on Fiscal Policy, Transportation and
    Senators Casas and Forman




    309-2158-99

  1                      A bill to be entitled

  2         An act relating to motor vehicles and highway

  3         safety; amending s. 233.063, F.S.; revising the

  4         distribution of driver's license fee revenues

  5         for driver education programs; amending s.

  6         316.063, F.S.; revising provisions to refer to

  7         a "traffic crash" rather than an "accident";

  8         providing a noncriminal traffic infraction for

  9         obstructing traffic under certain

10         circumstances; amending s. 316.1958, F.S.;

11         restricting the issuance of disabled parking

12         citations under certain circumstances; amending

13         s. 316.1975, F.S.; revising provisions with

14         respect to unattended motor vehicles; amending

15         s. 316.211, F.S.; providing for compliance with

16         certain federal safety standards with respect

17         to equipment for motorcycle and moped riders;

18         amending s. 316.520, F.S.; providing that it is

19         a noncriminal traffic infraction punishable as

20         a moving violation to violate load limits on

21         vehicles; amending s. 316.640, F.S.;

22         authorizing the Florida Highway Patrol to

23         employ certain persons as traffic accident

24         investigation officers; providing for certain

25         powers and duties; providing for the employment

26         of parking enforcement specialists by airport

27         authorities; amending s. 318.14, F.S.;

28         conforming cross-references to changes made by

29         the act; amending s. 318.15, F.S.; including

30         reference to the tax collector with respect to

31         the collection of certain service fees for

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  1         reinstatement of a suspended driver's license;

  2         amending s. 318.36, F.S.; providing judicial

  3         immunity for civil traffic infraction hearing

  4         officers; amending s. 319.14, F.S.; including

  5         reference to short-term and long-term lease

  6         vehicles; providing definitions; providing

  7         penalties; amending s. 319.23, F.S.; revising

  8         application requirements for a certificate of

  9         title; deleting references to collectible

10         vehicles; amending s. 319.30, F.S.; revising

11         provisions with respect to dismantling,

12         destroying, or changing the identity of a motor

13         vehicle or mobile home; amending s. 320.01,

14         F.S.; defining the term "agricultural products"

15         for purposes of ch. 320, F.S.; amending s.

16         320.023, F.S.; revising audit requirements with

17         respect to voluntary contributions on the

18         application form for a motor vehicle

19         registration; amending s. 320.03, F.S.;

20         revising the distribution formula with respect

21         to a fee charged for the Florida Real Time

22         Vehicle Information System; amending s. 320.04,

23         F.S.; authorizing a service charge on vessel

24         decals issued from an automated vending

25         facility or printer dispenser machine; amending

26         s. 320.055, F.S.; revising provisions with

27         respect to registration periods; amending s.

28         320.06, F.S.; authorizing the department to

29         issue manufacturer license plates; repealing s.

30         320.065, F.S., relating to the registration of

31         certain rental trailers for hire and

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  1         semitrailers used to haul agricultural

  2         products; amending s. 320.0657, F.S.; revising

  3         provisions with respect to fleet license

  4         plates; providing fees; amending s. 320.08,

  5         F.S., relating to license fees; deleting

  6         references to certain collectible vehicles;

  7         providing a fee for manufacturer license

  8         plates; amending s. 320.08056, F.S.; revising

  9         the license plate annual use fee for the

10         Challenger license plate; repealing s.

11         320.08058(2)(f), F.S., which provides for the

12         repeal of the Challenger license plate;

13         amending s. 320.08058, F.S.; revising

14         provisions relating to the design of the

15         Florida Salutes Veterans license plate;

16         authorizing the Department of Veterans' Affairs

17         to use moneys from the license plate fee to

18         promote and market the plate; amending s.

19         320.084, F.S.; deleting obsolete provisions;

20         amending s. 320.086, F.S.; revising provisions

21         governing the issuance of license plates for

22         certain historical motor vehicles; reenacting

23         s. 320.072(2)(g), F.S., relating to the fee

24         imposed on motor vehicle registrations, to

25         incorporate the amendment to s. 320.086, F.S.,

26         in references thereto; amending s. 320.13,

27         F.S.; providing an alternative method of

28         registration for manufacturer license plates;

29         prohibiting the use of dealer license plates

30         for specified purposes; amending s. 320.131,

31         F.S.; authorizing agents or Florida licensed

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  1         dealers to issue temporary license tags when

  2         such tags are not specifically authorized;

  3         providing penalties with respect to certain

  4         violations concerning temporary tags; amending

  5         s. 320.1325, F.S.; revising provisions with

  6         respect to registration for the temporarily

  7         employed; amending s. 320.27, F.S.; revising

  8         provisions governing the denial, suspension, or

  9         revocation of motor vehicle dealer licenses;

10         amending s. 320.30, F.S.; providing for the

11         forfeiture of a motor vehicle; providing for

12         confiscation and sale of such vehicles;

13         amending s. 321.06, F.S.; authorizing the

14         department to employ certain traffic accident

15         investigation officers; amending s. 322.08,

16         F.S.; deleting provisions with respect to

17         certain applications made by persons who hold

18         an out-of-state driver license; amending s.

19         322.081, F.S.; revising audit requirements with

20         respect to voluntary contributions on the

21         driver's license application; amending s.

22         322.1615, F.S.; revising provisions with

23         respect to a learner's driver's license;

24         amending s. 322.2615, F.S.; revising provisions

25         with respect to suspension of a license;

26         amending s. 322.28, F.S.; revising requirements

27         for the period of suspension or revocation of a

28         driver's license; amending s. 322.34, F.S.;

29         conforming a cross-reference to changes made by

30         the act; amending s. 325.2135, F.S.; directing

31         the Department of Highway Safety and Motor

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  1         Vehicles to enter into a contract for a motor

  2         vehicle inspection program; amending s.

  3         325.214, F.S.; changing the motor vehicle

  4         inspection fee; amending s. 327.031, F.S.;

  5         providing for the denial or cancellation of a

  6         vessel registration when payment for

  7         registration is made by a dishonored check;

  8         amending s. 327.11, F.S.; providing for a

  9         replacement vessel registration; amending s.

10         327.23, F.S.; providing for a temporary

11         certificate of registration for a vessel by

12         certain out-of-state residents; amending s.

13         327.25, F.S.; revising provisions with respect

14         to transfer of ownership and registration of

15         vessels; creating s. 327.255, F.S.; providing

16         for the duties of tax collectors with respect

17         to vessel registration; providing fees;

18         creating s. 327.256, F.S.; providing procedures

19         for advanced vessel registration renewal;

20         amending s. 328.01, F.S.; revising provisions

21         with respect to application for a certificate

22         of title for a vessel; amending s. 328.11,

23         F.S.; increasing the time period for

24         application for a reissuance of a certificate

25         of title; amending s. 328.15, F.S.; providing

26         requirements with respect to certain second

27         liens on vessels; increasing the fee for

28         recording a notice of lien; providing

29         requirements with respect to satisfaction of a

30         lien on a vessel; providing penalties for

31         failure to comply; amending s. 328.16, F.S.;

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  1         providing requirements with respect to liens;

  2         creating s. 328.165, F.S.; providing for

  3         cancellation of certificates; amending s.

  4         713.78, F.S.; revising requirements relating to

  5         liens for recovering, towing, or storing

  6         vehicles and undocumented vessels; providing an

  7         exemption from the requirement of an inventory

  8         of personal property found in a motor vehicle

  9         to be removed from the scene of an accident

10         under certain circumstances; amending ss.

11         732.9215, 732.9216, F.S.; conforming

12         cross-references to changes made by the act;

13         amending s. 812.014, F.S.; providing

14         prohibition on a theft of gasoline while in a

15         motor vehicle; amending s. 832.06, F.S.;

16         revising provisions with respect to prosecution

17         for worthless checks given to the tax collector

18         for certain licenses or taxes; amending s.

19         932.701, F.S.; redefining the term "contraband

20         article," and reenacting ss. 705.101(6),

21         932.704(4), F.S., relating to forfeiture of

22         contraband article, to incorporate said

23         amendment in references; amending s. 324.201,

24         F.S.; deleting the requirement that recovery

25         agents notify law enforcement of a license

26         plate seizure; amending s. 324.202, F.S.;

27         expanding into additional counties a pilot

28         project that authorizes a recovery agent or

29         recovery agency to seize the license plate of a

30         motor vehicle following suspension of the

31         vehicle's registration or suspension of the

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  1         driver's license of the owner or operator of

  2         the vehicle for failing to maintain personal

  3         injury protection; requiring that the

  4         department provide procedures for paying fees;

  5         amending s. 627.733, F.S.; deleting payment of

  6         a fee to recovery agents; amending s. 318.18,

  7         F.S.; changing the date by which electronic

  8         transmission of certain data must be commenced;

  9         amending s. 322.245, F.S.; changing the time

10         within which the failure of a person to pay

11         child support must be reported; repealing s. 14

12         of ch. 98-223, Laws of Florida, relating to

13         required security for the operation of a motor

14         vehicle; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Effective July 1, 2000, subsection (3) of

19  section 233.063, Florida Statutes, 1998 Supplement, is amended

20  to read:

21         233.063  Instruction in operation of motor vehicles.--

22         (3)(a)  School districts shall earn funds on full-time

23  equivalent students at the appropriate basic program cost

24  factor, regardless of the method by which such courses are

25  offered.

26         (b)  For the purpose of financing the Driver Education

27  Program in the secondary schools, there shall be levied an

28  additional 50 cents per year to the driver's license fee

29  required by s. 322.21. The additional fee shall be promptly

30  remitted to the Department of Highway Safety and Motor

31  Vehicles, and the department shall transmit the fee to the

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  1  Educational Aids Trust Fund within the Department of Education

  2  for distribution to school districts for driver education

  3  programs Treasurer to be deposited in the General Revenue

  4  Fund.

  5         Section 2.  Section 316.063, Florida Statutes, is

  6  amended to read:

  7         316.063  Duty upon damaging unattended vehicle or other

  8  property.--

  9         (1)  The driver of any vehicle which collides with, or

10  is involved in a crash an accident with, any vehicle or other

11  property which is unattended, resulting in any damage to such

12  other vehicle or property, shall immediately stop and shall

13  then and there either locate and notify the operator or owner

14  of the vehicle or other property of the driver's name and

15  address and the registration number of the vehicle he or she

16  is driving, or shall attach securely in a conspicuous place in

17  or on the vehicle or other property a written notice giving

18  the driver's name and address and the registration number of

19  the vehicle he or she is driving, and shall without

20  unnecessary delay notify the nearest office of a duly

21  authorized police authority.  Every such stop shall be made

22  without obstructing traffic more than is necessary. If a

23  damaged vehicle is obstructing traffic, the driver shall make

24  every reasonable effort to move the vehicle or have it moved

25  so as not to obstruct the regular flow of traffic. Any person

26  who fails to comply with this subsection commits a misdemeanor

27  of the second degree, punishable as provided in s. 775.082 or

28  s. 775.083.

29         (2)  Every such stop shall be made without obstructing

30  traffic more than is necessary. If a damaged vehicle is

31  obstructing traffic, the driver shall make every reasonable

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  1  effort to move the vehicle or have it moved so as not to

  2  obstruct the regular flow of traffic. A violation of this

  3  subsection is a noncriminal traffic infraction, punishable as

  4  a nonmoving violation as provided in chapter 318.

  5         (3)(2)  The law enforcement officer at the scene of a

  6  crash an accident required to be reported in accordance with

  7  the provisions of subsection (1) or the law enforcement

  8  officer receiving a report by a driver as required by

  9  subsection (1) shall, if part or any of the property damaged

10  is a fence or other structure used to house or contain

11  livestock, promptly make a reasonable effort to notify the

12  owner, occupant, or agent of this damage.

13         Section 3.  Section 316.1958, Florida Statutes, 1998

14  Supplement, is amended to read:

15         316.1958  Out-of-state vehicles bearing identification

16  of issuance to persons who have disabilities.--Motor vehicles

17  displaying a special license plate or parking permit issued to

18  a person who has a disability by any other state or district

19  subject to the laws of the United States or by a foreign

20  country that issues disabled parking permits that display the

21  international symbol of accessibility are recognized as

22  displaying a valid license plate or permit, that allows such a

23  vehicle special parking privileges under s. 316.1955, if the

24  other state or district grants reciprocal recognition for

25  residents of this state who have disabilities. However, when

26  an individual is required by law to have a Florida driver's

27  license or a Florida vehicle registration, a special motor

28  vehicle license plate or parking permit issued by another

29  state, district, or country to persons who have disabilities

30  is not valid and the individual whose vehicle displays such an

31  invalid plate or permit is subject to the same penalty as an

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  1  individual whose vehicle does not display a valid plate or

  2  permit. A law enforcement officer or parking enforcement

  3  specialist may not ticket a vehicle for a violation of s.

  4  316.1955 without first determining whether the vehicle is

  5  transporting a resident of another state who is the owner of

  6  the out-of-state placard.

  7         Section 4.  Section 316.1975, Florida Statutes, is

  8  amended to read:

  9         316.1975  Unattended motor vehicle.--

10         (1)  A No person driving or in charge of any motor

11  vehicle may not except a licensed delivery truck or other

12  delivery vehicle while making deliveries, shall permit it to

13  stand unattended without first stopping the engine, locking

14  the ignition, and removing the key.  A No vehicle may not

15  shall be permitted to stand unattended upon any perceptible

16  grade without stopping the engine and effectively setting the

17  brake thereon and turning the front wheels to the curb or side

18  of the street.

19         (2)  This section does not apply to the operator of:

20         (a)  An authorized emergency vehicle while in the

21  performance of official duties and the vehicle is equipped

22  with an activated anti-theft device that prohibits the vehicle

23  from being driven; or

24         (b)  A licensed delivery truck or other delivery

25  vehicle while making deliveries.

26         Section 5.  Section 316.211, Florida Statutes, is

27  amended to read:

28         316.211  Equipment for motorcycle and moped riders.--

29         (1)  A No person may not shall operate or ride upon a

30  motorcycle unless the person is properly wearing protective

31  headgear securely fastened upon his or her head which complies

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  1  with Federal Motorcycle Vehicle Safety Standard 218

  2  promulgated by the United States Department of Transportation.

  3  The Department of Highway Safety and Motor Vehicles shall

  4  adopt rules to adopt this standard standards established by

  5  the department.

  6         (2)  A No person may not shall operate a motorcycle

  7  unless the person is wearing an eye-protective device over his

  8  or her eyes of a type approved by the department.

  9         (3)  This section does shall not apply to persons

10  riding within an enclosed cab or to any person 16 years of age

11  or older who is operating or riding upon a motorcycle powered

12  by a motor with a displacement of 50 cubic centimeters or less

13  or is rated not in excess of 2 brake horsepower and which is

14  not capable of propelling such motorcycle at a speed greater

15  than 30 miles per hour on level ground.

16         (4)  A No person under 16 years of age may not shall

17  operate or ride upon a moped unless the person is properly

18  wearing protective headgear securely fastened upon his or her

19  head which complies with Federal Motorcycle Vehicle Safety

20  Standard 218 promulgated by the United States Department of

21  Transportation. The Department of Highway Safety and Motor

22  Vehicles shall adopt rules to enforce this standard standards

23  established by the department.

24         (5)  The department is authorized to approve protective

25  headgear made to specifications drawn and devised by, or

26  approved by, the American National Standards Institute, the

27  United States Department of Transportation, the United States

28  Consumer Products Safety Commission, the United States

29  Department of Defense, or any other entity which can provide

30  equally effective equipment specifications.  The department

31  shall publish lists of protective equipment, and such lists

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  1  shall be made available by request to all users of such

  2  equipment.

  3         Section 6.  Section 316.520, Florida Statutes, is

  4  amended to read:

  5         316.520  Loads on vehicles.--

  6         (1)  A No vehicle may not shall be driven or moved on

  7  any highway unless the vehicle is so constructed or loaded as

  8  to prevent any of its load from dropping, shifting, leaking,

  9  blowing, or otherwise escaping therefrom, except that sand may

10  be dropped only for the purpose of securing traction or water

11  or other substance may be sprinkled on a roadway in cleaning

12  or maintaining the roadway.

13         (2)  It is the duty of every owner and driver,

14  severally, of any vehicle hauling, upon any public road or

15  highway open to the public, dirt, sand, lime rock, gravel,

16  silica, or other similar aggregate or trash, garbage, or any

17  similar material that which could fall or blow from such

18  vehicle, to prevent such materials from falling, blowing, or

19  in any way escaping from such vehicle. Covering and securing

20  the load with a close-fitting tarpaulin or other appropriate

21  cover is required.

22         (3)  A violation of this section is a noncriminal

23  traffic infraction, punishable as a moving violation as

24  provided in chapter 318.

25         Section 7.  Paragraph (a) of subsection (1) of section

26  316.640, Florida Statutes, is amended to read:

27         316.640  Enforcement.--The enforcement of the traffic

28  laws of this state is vested as follows:

29         (1)  STATE.--

30         (a)1.a.  The Division of Florida Highway Patrol of the

31  Department of Highway Safety and Motor Vehicles, the Division

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  1  of Law Enforcement of the Game and Fresh Water Fish

  2  Commission, the Division of Law Enforcement of the Department

  3  of Environmental Protection, and law enforcement officers of

  4  the Department of Transportation each have authority to

  5  enforce all of the traffic laws of this state on all the

  6  streets and highways thereof and elsewhere throughout the

  7  state wherever the public has a right to travel by motor

  8  vehicle. The Division of the Florida Highway Patrol may employ

  9  as a traffic accident investigation officer any individual who

10  successfully completes at least 200 hours of instruction in

11  traffic accident investigation and court presentation through

12  the Selective Traffic Enforcement Program as approved by the

13  Criminal Justice Standards and Training Commission and funded

14  through the National Highway Traffic Safety Administration or

15  a similar program approved by the commission, but who does not

16  necessarily meet the uniform minimum standards established by

17  the commission for law enforcement officers or auxiliary law

18  enforcement officers under chapter 943. Any such traffic

19  accident investigation officer who makes an investigation at

20  the scene of a traffic accident may issue traffic citations,

21  based upon personal investigation, when he or she has

22  reasonable and probable grounds to believe that a person who

23  was involved in the accident committed an offense under this

24  chapter, chapter 319, chapter 320, or chapter 322 in

25  connection with the accident. This paragraph does not permit

26  the carrying of firearms or other weapons, nor do such

27  officers have arrest authority other than for the issuance of

28  a traffic citation as authorized in this paragraph.

29         b.  University police officers shall have authority to

30  enforce all of the traffic laws of this state when such

31  violations occur on or about any property or facilities that

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  1  are under the guidance, supervision, regulation, or control of

  2  the State University System, except that traffic laws may be

  3  enforced off-campus when hot pursuit originates on-campus.

  4         c.  Community college police officers shall have the

  5  authority to enforce all the traffic laws of this state only

  6  when such violations occur on any property or facilities that

  7  are under the guidance, supervision, regulation, or control of

  8  the community college system.

  9         d.  Police officers employed by an airport authority

10  shall have the authority to enforce all of the traffic laws of

11  this state only when such violations occur on any property or

12  facilities that are owned or operated by an airport authority.

13         (I)  An airport authority may employ as a parking

14  enforcement specialist any individual who successfully

15  completes a training program established and approved by the

16  Criminal Justice Standards and Training Commission for parking

17  enforcement specialists but who does not otherwise meet the

18  uniform minimum standards established by the commission for

19  law enforcement officers or auxiliary or part-time officers

20  under s. 943.12. Nothing in this sub-sub-subparagraph shall be

21  construed to permit the carrying of firearms or other weapons,

22  nor shall such parking enforcement specialist have arrest

23  authority.

24         (II)  A parking enforcement specialist employed by an

25  airport authority is authorized to enforce all state, county,

26  and municipal laws and ordinances governing parking only when

27  such violations are on property or facilities owned or

28  operated by the airport authority employing the specialist, by

29  appropriate state, county, or municipal traffic citation.

30         e.  The Office of Agricultural Law Enforcement of the

31  Department of Agriculture and Consumer Services shall have the

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  1  authority to enforce traffic laws of this state only as

  2  authorized by the provisions of chapter 570. However, nothing

  3  in this section shall expand the authority of the Office of

  4  Agricultural Law Enforcement at its agricultural inspection

  5  stations to issue any traffic tickets except those traffic

  6  tickets for vehicles illegally passing the inspection station.

  7         f.  School safety officers shall have the authority to

  8  enforce all of the traffic laws of this state when such

  9  violations occur on or about any property or facilities which

10  are under the guidance, supervision, regulation, or control of

11  the district school board.

12         2.  An agency of the state as described in subparagraph

13  1. is prohibited from establishing a traffic citation quota. A

14  violation of this subparagraph is not subject to the penalties

15  provided in chapter 318.

16         3.  Any disciplinary action taken or performance

17  evaluation conducted by an agency of the state as described in

18  subparagraph 1. of a law enforcement officer's traffic

19  enforcement activity must be in accordance with written

20  work-performance standards. Such standards must be approved by

21  the agency and any collective bargaining unit representing

22  such law enforcement officer. A violation of this subparagraph

23  is not subject to the penalties provided in chapter 318.

24         Section 8.  Subsections (1), (4), and (9) of section

25  318.14, Florida Statutes, are amended to read:

26         318.14  Noncriminal traffic infractions; exception;

27  procedures.--

28         (1)  Except as provided in ss. 318.17 and 320.07(3)(c)

29  320.07(3)(b), any person cited for a violation of s. 240.265,

30  chapter 316, s. 320.0605(1), s. 320.07(3)(a), s. 322.065, s.

31  322.15(1), s. 322.16(2) or (3), s. 322.161(4), or s. 322.19 is

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  1  charged with a noncriminal infraction and must be cited for

  2  such an infraction and cited to appear before an official. If

  3  another person dies as a result of the noncriminal infraction,

  4  the person cited may be required to perform 120 community

  5  service hours under s. 316.027(4), in addition to any other

  6  penalties.

  7         (4)  Any person charged with a noncriminal infraction

  8  under this section who does not elect to appear shall pay the

  9  civil penalty and delinquent fee, if applicable, either by

10  mail or in person, within 30 days after of the date of

11  receiving the citation.  If the person cited follows the above

12  procedure, he or she shall be deemed to have admitted the

13  infraction and to have waived his or her right to a hearing on

14  the issue of commission of the infraction.  Such admission

15  shall not be used as evidence in any other proceedings.  Any

16  person who is cited for a violation of s. 320.0605(1) or s.

17  322.15(1), or subject to a penalty under s. 320.07(3)(a) or

18  (b) or s. 322.065, and who makes an election under this

19  subsection shall submit proof of compliance with the

20  applicable section to the clerk of the court. For the purposes

21  of this subsection, proof of compliance consists of a valid

22  driver's license or a valid registration certificate.

23         (9)  Any person who is cited for an infraction under

24  this section other than a violation of s. 320.0605(1), s.

25  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or

26  s. 322.62 may, in lieu of a court appearance, elect to attend

27  in the location of his or her choice within this state a basic

28  driver improvement course approved by the Department of

29  Highway Safety and Motor Vehicles. In such a case,

30  adjudication must be withheld; points, as provided by s.

31  322.27, may not be assessed; and the civil penalty that is

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  1  imposed by s. 318.18(3) must be reduced by 18 percent;

  2  however, a person may not make an election under this

  3  subsection if the person has made an election under this

  4  subsection in the preceding 12 months. A person may make no

  5  more than five elections under this subsection. The

  6  requirement for community service under s. 318.18(7) is not

  7  waived by a plea of nolo contendere or by the withholding of

  8  adjudication of guilt by a court.

  9         Section 9.  Paragraph (a) of subsection (1) and

10  subsection (2) of section 318.15, Florida Statutes, are

11  amended to read:

12         318.15  Failure to comply with civil penalty or to

13  appear; penalty.--

14         (1)(a)  If a person fails to comply with the civil

15  penalties provided in s. 318.18 within the time period

16  specified in s. 318.14(4), fails to attend driver improvement

17  school, or fails to appear at a scheduled hearing, the clerk

18  of the court shall notify the Division of Driver Licenses of

19  the Department of Highway Safety and Motor Vehicles of such

20  failure within 10 5 days after such failure.  Upon receipt of

21  such notice, the department shall immediately issue an order

22  suspending the driver's license and privilege to drive of such

23  person effective 20 days after the date the order of

24  suspension is mailed in accordance with s. 322.251(1), (2),

25  and (6). Any such suspension of the driving privilege which

26  has not been reinstated, including a similar suspension

27  imposed outside Florida, shall remain on the records of the

28  department for a period of 7 years from the date imposed and

29  shall be removed from the records after the expiration of 7

30  years from the date it is imposed.

31

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  1         (2)  After suspension of the driver's license and

  2  privilege to drive of a person under subsection (1), the

  3  license and privilege may not be reinstated until the person

  4  complies with all obligations and penalties imposed on him or

  5  her under s. 318.18 and presents to a driver license office a

  6  certificate of compliance issued by the court, together with

  7  the $25 nonrefundable service fee imposed under s. 322.29, or

  8  pays the aforementioned $25 service fee to the clerk of the

  9  court or tax collector clearing such suspension.  Such person

10  shall also be in compliance with requirements of chapter 322

11  prior to reinstatement.

12         Section 10.  Paragraph (a) of subsection (8) of section

13  318.18, Florida Statutes, 1998 Supplement, is amended to read:

14         318.18  Amount of civil penalties.--The penalties

15  required for a noncriminal disposition pursuant to s. 318.14

16  are as follows:

17         (8)(a)  Any person who fails to comply with the court's

18  requirements or who fails to pay the civil penalties specified

19  in this section within the 30-day period provided for in s.

20  318.14 must pay an additional civil penalty of $12, $2.50 of

21  which must be deposited into the General Revenue Fund, and

22  $9.50 of which must be deposited in the Highway Safety

23  Operating Trust Fund. There is hereby appropriated from the

24  Highway Safety Operating Trust Fund for fiscal year 1996-1997

25  the amount of $4 million.  From this appropriation the

26  department shall contract with the Florida Association of

27  Court Clerks, Inc., to design, establish, operate, upgrade,

28  and maintain an automated statewide Uniform Civil Court and

29  Traffic Citation Accounting System to be operated by the

30  clerks of the court which shall include, but not be limited

31  to, the accounting for traffic infractions by type, a record

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  1  of the disposition of the citations, and an accounting system

  2  for the fines assessed and the subsequent fine amounts paid to

  3  the clerks of the court. On or before December 1, 2001 1999,

  4  the clerks of the court must provide the information required

  5  by this chapter to be transmitted to the department by

  6  electronic transmission pursuant to the contract.

  7         Section 11.  Section 318.36, Florida Statutes, is

  8  amended to read:

  9         318.36  Code of ethics.--Hearing officers shall be

10  subject to The Florida Bar Code of Professional Responsibility

11  and not the Judicial Code of Ethics, except that they shall

12  avoid practices or occupations that would constitute a

13  conflict of interest or give the appearance of impropriety.

14  Whether serving full time or part time, hearing officers shall

15  be prohibited from representing clients or practicing before

16  any other hearing officer of a civil traffic court or from

17  representing any client appealing the decision of any other

18  hearing officer. A civil traffic infractions hearing officer

19  appointed under s. 318.30 shall have judicial immunity in the

20  same manner and to the same extent as judges.

21         Section 12.  Subsections (1), (2), and (3) of section

22  319.14, Florida Statutes, are amended to read:

23         319.14  Sale of motor vehicles registered or used as

24  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

25  and nonconforming vehicles.--

26         (1)(a)  No person shall knowingly offer for sale, sell,

27  or exchange any vehicle that has been licensed, registered, or

28  used as a taxicab, police vehicle, or short-term-lease lease

29  vehicle which will no longer be in lease service after April

30  29, 1990, or a vehicle that which has been repurchased by a

31  manufacturer pursuant to a settlement, determination, or

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  1  decision under chapter 681, until the department has stamped

  2  in a conspicuous place on the certificate of title of the

  3  vehicle, or its duplicate, words stating the nature of the

  4  previous use of the vehicle or the title has been stamped

  5  "Manufacturer's Buy Back" to reflect that the vehicle is a

  6  nonconforming vehicle. If the certificate of title or

  7  duplicate was not so stamped upon initial issuance thereof or

  8  if, subsequent to initial issuance of the title, the use of

  9  the vehicle is changed to a use requiring the notation

10  provided for in this section, the owner or lienholder of the

11  vehicle shall surrender the certificate of title or duplicate

12  to the department prior to offering the vehicle for sale, and

13  the department shall stamp the certificate or duplicate as

14  required herein.  When a vehicle has been repurchased by a

15  manufacturer pursuant to a settlement, determination, or

16  decision under chapter 681, the title shall be stamped

17  "Manufacturer's Buy Back" to reflect that the vehicle is a

18  nonconforming vehicle.

19         (b)  No person shall knowingly offer for sale, sell, or

20  exchange a rebuilt vehicle until the department has stamped in

21  a conspicuous place on the certificate of title for the

22  vehicle words stating that the vehicle has been rebuilt,

23  assembled from parts, or combined, or is a kit car, glider

24  kit, replica, or flood vehicle unless proper application for a

25  certificate of title for a vehicle that is rebuilt, assembled

26  from parts, or combined, or is a kit car, glider kit, replica,

27  or flood vehicle has been made to the department in accordance

28  with this chapter and the department has conducted the

29  physical examination of the vehicle to assure the identity of

30  the vehicle.

31         (c)  As used in this section:

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  1         1.  "Police vehicle" means a motor vehicle owned or

  2  leased by the state or a county or municipality and used in

  3  law enforcement.

  4         2.a.  "Short-term-lease vehicle" "Lease vehicle" means

  5  a motor vehicle leased without a driver and under a written

  6  agreement to one person for a period of 12 months or longer or

  7  to one or more persons from time to time for a period of less

  8  than 12 months.

  9         b.  "Long-term-lease vehicle" means a motor vehicle

10  leased without a driver and under a written agreement to one

11  person for a period of 12 months or longer.

12         c.  "Lease vehicle" includes both short-term-lease

13  vehicles and long-term-lease vehicles.

14         3.  "Rebuilt vehicle" means a motor vehicle or mobile

15  home built from salvage or junk, as defined in s. 319.30(1).

16         4.  "Assembled from parts" means a motor vehicle or

17  mobile home assembled from parts of motor vehicles or mobile

18  homes, new or used. "Assembled from parts" does not mean a

19  motor vehicle defined as a "rebuilt vehicle" in subparagraph

20  3., which has been declared a total loss pursuant to s.

21  319.30.

22         5.  "Combined" means assembled by combining two motor

23  vehicles neither of which has been titled and branded as

24  "Salvage Unrebuildable."

25         6.  "Kit car" means a motor vehicle assembled with a

26  kit supplied by a manufacturer to rebuild a wrecked or

27  outdated motor vehicle with a new body kit.

28         7.  "Glider kit" means a vehicle assembled with a kit

29  supplied by a manufacturer to rebuild a wrecked or outdated

30  truck or truck tractor.

31

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  1         8.  "Replica" means a complete new motor vehicle

  2  manufactured to look like an old vehicle.

  3         9.  "Flood vehicle" means a motor vehicle or mobile

  4  home that has been declared to be a total loss pursuant to s.

  5  319.30(3)(a) resulting from damage caused by water.

  6         10.  "Nonconforming vehicle" means a motor vehicle

  7  which has been purchased by a manufacturer pursuant to a

  8  settlement, determination, or decision under chapter 681.

  9         11.  "Settlement" means an agreement entered into

10  between a manufacturer and a consumer that occurs after a

11  dispute is submitted to a program, or an informal dispute

12  settlement procedure established by a manufacturer or is

13  approved for arbitration before the New Motor Vehicle

14  Arbitration Board as defined in s. 681.102.

15         (2)  No person shall knowingly sell, exchange, or

16  transfer a vehicle referred to in subsection (1) without,

17  prior to consummating the sale, exchange, or transfer,

18  disclosing in writing to the purchaser, customer, or

19  transferee the fact that the vehicle has previously been

20  titled, registered, or used as a taxicab, police vehicle, or

21  short-term-lease lease vehicle or is a vehicle that is

22  rebuilt, assembled from parts, or combined, or is a kit car,

23  glider kit, replica, or flood vehicle, or is a nonconforming

24  vehicle, as the case may be.

25         (3)  Any person who, with intent to offer for sale or

26  exchange any vehicle referred to in subsection (1), knowingly

27  or intentionally advertises, publishes, disseminates,

28  circulates, or places before the public in any communications

29  medium, whether directly or indirectly, any offer to sell or

30  exchange the vehicle shall clearly and precisely state in each

31  such offer that the vehicle has previously been titled,

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  1  registered, or used as a taxicab, police vehicle, or

  2  short-term-lease lease vehicle or that the vehicle or mobile

  3  home is a vehicle that is rebuilt, assembled from parts, or

  4  combined, or is a kit car, glider kit, replica, or flood

  5  vehicle, or a nonconforming vehicle, as the case may be.  Any

  6  person who violates this subsection is guilty of a misdemeanor

  7  of the second degree, punishable as provided in s. 775.082 or

  8  s. 775.083.

  9         Section 13.  Subsections (3) and (8) of section 319.23,

10  Florida Statutes, are amended to read:

11         319.23  Application for, and issuance of, certificate

12  of title.--

13         (3)  If a certificate of title has not previously been

14  issued for a motor vehicle or mobile home in this state, the

15  application, unless otherwise provided for in this chapter,

16  shall be accompanied by a proper bill of sale or sworn

17  statement of ownership, or a duly certified copy thereof, or

18  by a certificate of title, bill of sale, or other evidence of

19  ownership required by the law of the state or county from

20  which the motor vehicle or mobile home was brought into this

21  state.  The application shall also be accompanied by:

22         (a)1.  A sworn affidavit from the seller and purchaser

23  verifying that the vehicle identification number shown on the

24  affidavit is identical to the vehicle identification number

25  shown on the motor vehicle; or

26         2.  An appropriate departmental form evidencing that a

27  physical examination has been made of the motor vehicle by the

28  owner and by a duly constituted law enforcement officer in any

29  state, a licensed motor vehicle dealer, a license inspector as

30  provided by s. 320.58, an employee of an emissions contractor

31  pursuant to s. 325.207, or a notary public commissioned by

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  1  this state and that the vehicle identification number shown on

  2  such form is identical to the vehicle identification number

  3  shown on the motor vehicle; and

  4         (b)  If the vehicle is a used car original, a sworn

  5  affidavit from the owner verifying that the odometer reading

  6  shown on the affidavit is identical to the odometer reading

  7  shown on the motor vehicle in accordance with the requirements

  8  of 49 C.F.R. s. 580.5 at the time that application for title

  9  is made.  For the purposes of this section, the term "used car

10  original" means a used vehicle coming into and being titled in

11  this state for the first time.

12         (c)  If the vehicle is an ancient or, antique, or

13  collectible vehicle, as defined in s. 320.086, the application

14  shall be accompanied either by a certificate of title; a

15  notarized bill of sale and a registration; or a notarized bill

16  of sale and, an affidavit by the owner defending the title

17  from all claims.  The bill of sale must contain a complete

18  vehicle description to include the vehicle identification or

19  engine number, year make, color, selling price, and signatures

20  of the seller and purchaser.

21

22  Verification of the vehicle identification number is shall not

23  be required for any new motor vehicle sold in this state by a

24  licensed motor vehicle dealer; any mobile home; any trailer or

25  semitrailer with a net weight of less than 2,000 pounds; or

26  any travel trailer, camping trailer, truck camper, or

27  fifth-wheel recreation trailer.

28         (8)  The title certificate or application for title

29  must shall contain the applicant's full first name, middle

30  initial, last name, date of birth, and sex, personal or

31  business identification, which may include, but need not be

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  1  limited to, a driver's license number, Florida identification

  2  card number, or federal employer identification number, and

  3  the license plate number or, in lieu thereof, an affidavit

  4  certifying that the motor vehicle to be titled will not be

  5  operated upon the public highways of this state.

  6         Section 14.  Subsections (4) and (5) and paragraph (c)

  7  of subsection (8) of section 319.30, Florida Statutes, 1998

  8  Supplement, are amended, and subsection (9) is added to that

  9  section, to read:

10         319.30  Definitions; dismantling, destruction, change

11  of identity of motor vehicle or mobile home; salvage.--

12         (4)  It is unlawful for any person to have in his or

13  her possession any motor vehicle or mobile home when the

14  manufacturer's identification number plate or serial plate has

15  been removed therefrom. However, nothing in this subsection

16  shall be applicable when a vehicle defined in this section as

17  a derelict or salvage was purchased or acquired from a foreign

18  state requiring such vehicle's identification number plate to

19  be surrendered to such state, provided the person shall have

20  an affidavit from the seller describing the vehicle by

21  manufacturer's serial number and the state to which such

22  vehicle's identification number plate was surrendered. Any

23  person who violates this subsection is guilty of a felony of

24  the third degree, punishable as provided in s. 775.082, s.

25  775.083, or s. 775.084.

26         (5)(a)  It is unlawful for any person to knowingly

27  possess, sell, or exchange, offer to sell or exchange, or give

28  away any certificate of title or manufacturer's identification

29  number plate or serial plate of any motor vehicle, mobile

30  home, or derelict that which has been sold as salvage contrary

31  to the provisions of this section, and it is unlawful for any

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  1  person to authorize, direct, aid in, or consent to the

  2  possession, sale, or exchange or to offer any person who

  3  authorizes, directs, aids in, or consents to the possession,

  4  sale, or exchange or who offers to sell, exchange, or give

  5  away such certificate of title or manufacturer's

  6  identification number plate or serial plate is guilty of a

  7  felony of the third degree, punishable as provided in s.

  8  775.082, s. 775.083, or s. 775.084.

  9         (b)  It is unlawful for any person to knowingly

10  possess, sell, or exchange, offer to sell or exchange, or give

11  away any manufacturer's identification number plate or serial

12  plate of any motor vehicle or mobile home that which has been

13  removed from the motor vehicle or mobile home for which it was

14  manufactured, and it is unlawful for any person to authorize,

15  direct, aid in, or consent to the possession, sale, or

16  exchange or to offer a person who authorizes, directs, aids

17  in, or consents to the possession, sale, or exchange or who

18  offers to sell, exchange, or give away such manufacturer's

19  identification number plate or serial plate is guilty of a

20  felony of the third degree, punishable as provided in s.

21  775.082, s. 775.083, or s. 775.084.

22         (c)  Nothing in This chapter does not shall be

23  construed to apply to anyone who removes, possesses, or

24  replaces a manufacturer's identification number plate, in the

25  course of performing repairs on a vehicle, that require such

26  removal or replacement.  If In the event that the repair

27  requires replacement of a vehicle part that contains the

28  manufacturer's identification number plate, the manufacturer's

29  identification number plate that is assigned to the vehicle

30  being repaired will be installed on the replacement part. The

31  manufacturer's identification number plate that was removed

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  1  from this replacement part will be installed on the part that

  2  was removed from the vehicle being repaired.

  3         (8)

  4         (c)  For the purpose of enforcement of this section,

  5  the department or its agents and employees shall have the same

  6  right of inspection as law enforcement officers as provided in

  7  s. 812.055. Any person who violates this subsection is guilty

  8  of a felony of the third degree, punishable as provided in s.

  9  775.082, s. 775.083, or s. 775.084.

10         (9)  Any person who violates this section commits a

11  felony of the third degree, punishable as provided in s.

12  775.082, s. 775.083, or s. 775.084.

13         Section 15.  Subsection (42) is added to section

14  320.01, Florida Statutes, to read:

15         320.01  Definitions, general.--As used in the Florida

16  Statutes, except as otherwise provided, the term:

17         (42)  For purposes of this chapter, the term

18  "agricultural products" means any food product; any

19  agricultural, horticultural, or livestock product; any raw

20  material used in plant food formulation; and any plant food

21  used to produce food and fiber.

22         Section 16.  Subsections (5) and (6) of section

23  320.023, Florida Statutes, 1998 Supplement, are amended to

24  read:

25         320.023  Requests to establish voluntary checkoff on

26  motor vehicle registration application.--

27         (5)  A voluntary contribution collected and distributed

28  under this chapter, or any interest earned from those

29  contributions, may not be used for commercial or for-profit

30  activities nor for general or administrative expenses, except

31

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  1  as authorized by law, or to pay the cost of the audit or

  2  report required by law.

  3         (a)  All organizations that receive annual use fee

  4  proceeds from the department are responsible for ensuring that

  5  proceeds are used in accordance with law.

  6         (b)  All organizational recipients of any voluntary

  7  contributions in excess of $15,000, not otherwise subject to

  8  annual audit by the Office of the Auditor General, shall

  9  submit an annual audit of the expenditures of these

10  contributions and interest earned from these contributions, to

11  determine if expenditures are being made in accordance with

12  the specifications outlined by law. The audit shall be

13  prepared by a certified public accountant licensed under

14  chapter 473 at that organizational recipient's expense. The

15  notes to the financial statements should state whether

16  expenditures were made in accordance with law. Such audits

17  must be delivered to the department no later than December 31

18  of the calendar year in which the audit was performed.

19         (c)  In lieu of an annual audit, any organization

20  receiving less than $15,000 in voluntary contributions

21  directly from the department may annually report, under

22  penalties of perjury, that such proceeds were used in

23  compliance with law. The attestation shall be made annually in

24  a form and format determined by the department.

25         (d)  Any voluntary contributions authorized by law

26  shall only be distributed to an organization under an

27  appropriation by the Legislature.

28         (e)  The annual audit or report shall be submitted to

29  the department for review within 180 days after the end of the

30  organization's fiscal year.

31

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  1         (6)  Within 90 days after receiving an organization's

  2  audit or report By February 1 each year, the department shall

  3  determine which recipients have not complied with subsection

  4  (5).  If the department determines that an organization has

  5  not complied  or has failed to use the revenues in accordance

  6  with law, the department must discontinue the distribution of

  7  the revenues to the organization until the department

  8  determines that the organization has complied. If an

  9  organization fails to comply within 12 months after the

10  voluntary contributions are withheld by the department, the

11  proceeds shall be deposited into the Highway Safety Operating

12  Trust Fund to offset department costs.

13         Section 17.  Subsection (5) of section 320.03, Florida

14  Statutes, 1998 Supplement, is amended to read:

15         320.03  Registration; duties of tax collectors;

16  International Registration Plan.--

17         (5)  A fee of 50 cents shall be charged, in addition to

18  the fees required under s. 320.08, on every license

19  registration sold to cover the costs of the Florida Real Time

20  Vehicle Information System.  The fees collected hereunder

21  shall be distributed as follows:  25 cents deposited into the

22  Highway Safety Operating Trust Fund and shall be used to fund

23  the Florida Real Time Vehicle Information System that system

24  and may be used to fund the general operations of the

25  department and 25 cents into the Highway Safety Operating

26  Trust Fund to be used exclusively to fund the Florida Real

27  Time Vehicle Information System. The only use of this latter

28  portion of the fee shall be to fund the Florida Real Time

29  Vehicle Information System equipment, software, and networks

30  used in the offices of the county tax collectors as agents of

31  the department and the ancillary technology necessary to

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  1  integrate the Florida Real Time Vehicle Information System

  2  with other tax collection systems. The department shall

  3  administer this program upon consultation with the Florida Tax

  4  Collectors, Inc., to ensure that each county tax collector's

  5  office will be technologically equipped and functional for the

  6  operation of the Florida Real Time Vehicle Information System.

  7  Any of the designated revenue collected to support functions

  8  of the county tax collectors and not used in a given year will

  9  remain exclusively in the trust fund as a carryover to the

10  following year.

11         Section 18.  Paragraph (a) of subsection (1) of section

12  320.04, Florida Statutes, 1998 Supplement, is amended to read:

13         320.04  Registration service charge.--

14         (1)(a)  There shall be a service charge of $2.50 for

15  each application which is handled in connection with original

16  issuance, duplicate issuance, or transfer of any license

17  plate, mobile home sticker, or validation sticker or with

18  transfer or duplicate issuance of any registration

19  certificate.  There may also be a service charge of up to $1

20  for the issuance of each license plate validation sticker,

21  vessel decal, and mobile home sticker issued from an automated

22  vending facility or printer dispenser machine which shall be

23  payable to and retained by the department to provide for

24  automated vending facilities or printer dispenser machines

25  used to dispense such stickers and decals by each tax

26  collector's or license tag agent's employee.

27         Section 19.  Subsections (2) and (7) of section

28  320.055, Florida Statutes, are amended to read:

29         320.055  Registration periods; renewal periods.--The

30  following registration periods and renewal periods are

31  established:

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  1         (2)  For a vehicle subject to registration under s.

  2  320.08(11), the registration period begins January 1 and ends

  3  December 31.  For a vehicle subject to this registration

  4  period, the renewal period is the 31-day period prior to

  5  expiration beginning January 1.

  6         (7)  For those vehicles subject to registration under

  7  s. 320.0657, the department shall implement a system that

  8  distributes the registration renewal process throughout the

  9  year. For a vehicle subject to registration under s. 320.065,

10  the registration period begins December 1 and ends November

11  30.  For a vehicle subject to this registration period, the

12  renewal period is the 31-day period beginning December 1.

13         Section 20.  Paragraph (a) of subsection (3) and

14  paragraph (b) of subsection (4) of section 320.06, Florida

15  Statutes, are amended to read:

16         320.06  Registration certificates, license plates, and

17  validation stickers generally.--

18         (3)(a)  Registration license plates shall be of metal

19  specially treated with a retroreflective material, as

20  specified by the department. The registration license plate is

21  designed to increase nighttime visibility and legibility and

22  shall be at least 6 inches wide and not less than 12 inches in

23  length, unless a plate with reduced dimensions is deemed

24  necessary by the department to accommodate motorcycles,

25  mopeds, or similar smaller vehicles. Validation stickers shall

26  be treated with a retroreflective material, shall be of such

27  size as specified by the department, and shall adhere to the

28  license plate. The registration license plate shall be

29  imprinted with a combination of bold letters and numerals or

30  numerals, not to exceed seven digits, to identify the

31  registration license plate number. The license plate shall

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  1  also be imprinted with the word "Florida" at the top and the

  2  name of the county in which it is sold at the bottom, except

  3  that apportioned license plates shall have the word

  4  "Apportioned" at the bottom and license plates issued for

  5  vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or

  6  (c), (12), or (14) shall have the word "Restricted" at the

  7  bottom. License plates issued for vehicles taxed under s.

  8  320.08(12) must be imprinted with the word "Florida" at the

  9  top and the word "Dealer" at the bottom. Manufacturer license

10  plates issued for vehicles taxed under s. 320.08(12) must be

11  imprinted with the word "Florida" at the top and the word

12  "Manufacturer" at the bottom., except that

13  gross-vehicle-weight vehicles owned by a licensed motor

14  vehicle dealer may be issued a license plate with the word

15  "Restricted."  License plates issued for vehicles taxed under

16  s. 320.08(5)(d) or (e) must be imprinted with the word

17  "Wrecker" at the bottom.  Any county may, upon majority vote

18  of the county commission, elect to have the county name

19  removed from the license plates sold in that county. The words

20  "Sunshine State" shall be printed in lieu thereof.  In those

21  counties where the county commission has not removed the

22  county name from the license plate, the tax collector may, in

23  addition to issuing license plates with the county name

24  printed on the license plate, also issue license plates with

25  the words "Sunshine State" printed on the license plate

26  subject to the approval of the department and a legislative

27  appropriation for the additional license plates.  A license

28  plate issued for a vehicle taxed under s. 320.08(6) may not be

29  assigned a registration license number, or be issued with any

30  other distinctive character or designation, that distinguishes

31  the motor vehicle as a for-hire motor vehicle.

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  1         (4)

  2         (b)  For the purposes of authorizing the corporation

  3  organized pursuant to chapter 946 to manufacture license

  4  plates, and validation stickers, and decals for the Department

  5  of Highway Safety and Motor Vehicles as provided in this

  6  chapter and chapter 327, the reference to the Department of

  7  Corrections in paragraph (a) means the Department of

  8  Corrections or the corporation organized pursuant to chapter

  9  946, and the Department of Highway Safety and Motor Vehicles

10  is not required to obtain competitive bids in order to

11  contract with such corporation.

12         Section 21.  Section 320.065, Florida Statutes, is

13  repealed.

14         Section 22.  Section 320.0657, Florida Statutes, is

15  amended to read:

16         320.0657  Permanent registration; fleet license

17  plates.--

18         (1)  As used in this section, the term "fleet" means

19  nonapportioned motor vehicles owned or leased by a company and

20  used for business purposes. Vehicle numbers comprising a

21  "fleet" shall be established by the department. Vehicles

22  registered as short-term rental vehicles are excluded from the

23  provisions of this section.

24         (2)(a)  The owner or lessee of a fleet of motor

25  vehicles shall, upon application in the manner and at the time

26  prescribed and upon approval by the department and payment of

27  the license tax prescribed under s. 320.08(2), (3), (4),

28  (5)(a) and (b), (6)(a), (7), and (8), be issued permanent

29  fleet license plates. All vehicles with a fleet license plate

30  shall have the company's name or logo and unit number

31  displayed so that they are readily identifiable.

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  1         (1)(a)  The owner or lessee of 250 or more

  2  nonapportioned commercial motor vehicles licensed under s.

  3  320.08(2), (3), (4), (5)(a)1. and (b), and (7), who has posted

  4  a bond as prescribed by department rules, may apply via

  5  magnetically encoded computer tape reel or cartridge which is

  6  machine readable by the installed computer system at the

  7  department for permanent license plates. All vehicles with a

  8  fleet license plate shall have the company's name or logo and

  9  unit number displayed so that they are readily identifiable.

10  The provisions of s. 320.0605 shall not apply to vehicles

11  registered in accordance with this section, and no annual

12  validation sticker is required.

13         (b)  The plates, which shall be of a distinctive color,

14  shall have the word "Fleet" appearing at the bottom and the

15  word "Florida" appearing at the top. The plates shall conform

16  in all respects to the provisions of this chapter, except as

17  specified herein.

18         (c)  In addition to the license tax prescribed by s.

19  320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), an

20  annual fleet management fee of $2 shall be charged. A one-time

21  license plate manufacturing fee of $1.50 shall be charged for

22  plates issued for the established number of vehicles in the

23  fleet. If the size of the fleet is increased, an issuance fee

24  of $10 per vehicle will be charged to include the license

25  plate manufacturing fee. If the license plate manufacturing

26  cost increases, the department shall increase the license

27  plate manufacturing fee to recoup its cost. Fees collected

28  shall be deposited into the Highway Safety Operating Trust

29  Fund. Payment of registration license tax and fees shall be

30  made annually and be evidenced only by the issuance of a

31  single receipt by the department. The provisions of s.

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  1  320.0605 do not apply to vehicles registered in accordance

  2  with this section, and no annual validation sticker is

  3  required. In addition to the license tax prescribed by s.

  4  320.08(2), (3), (4), (5)(a)1. and (b), and (7), an annual fee

  5  of $6 shall be charged for each vehicle registered hereunder.

  6  Of this $6 fee, $2.50 shall be retained as a service charge by

  7  the tax collector, if the registration occurs at such office,

  8  or by the department, if the registration occurs at offices of

  9  the department. Receipts from the $6 fee not retained by tax

10  collectors shall be deposited into the Highway Safety

11  Operating Trust Fund. Payment of registration license tax and

12  fees shall be made annually and be evidenced only by the

13  issuance of a single receipt by the department. Half-year

14  registrations shall not be available for vehicles registered

15  in accordance with the provisions of this section. The

16  provision of s. 320.06(1)(b) shall not apply to the fleet

17  renewal process.

18         (3)  If a recipient of fleet license plates fails to

19  properly and timely renew or initially register vehicles in

20  its fleet, the department may impose a delinquency penalty of

21  $50 or 10 percent of the delinquent taxes due, whichever is

22  greater, if the failure is for not more than 30 days, with an

23  additional 10 percent penalty for each additional 30 days, or

24  fraction thereof, that the failure continues, not to exceed a

25  total penalty of 100 percent in the aggregate; however, the

26  penalty may not be less than $50.

27         (4)  All recipients of fleet license plates authorized

28  by this section must provide the department with an annual

29  vehicle reconciliation and must annually surrender all

30  unassigned license plates. Failure to comply with this

31  subsection may result in fines of up to $1,000 for each

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  1  occurrence, or in suspension or termination from the fleet

  2  program.

  3         (2)  All recipients of permanent license plates

  4  authorized by this section shall submit an annual audit as

  5  prescribed by rule of the department. Such audit shall include

  6  a percentage of the vehicles registered by each owner or

  7  lessee, not to exceed 10 percent. The department shall

  8  randomly select the vehicles to be audited and shall forward a

  9  listing of said vehicles only to the office of the auditor

10  performing the audit. Every attempt shall be made to provide

11  for groupings of vehicles based in the same location; however,

12  the location shall change from year to year. The audit shall

13  be prepared by a certified public accountant licensed under

14  chapter 473, at the recipient's expense, and shall be

15  performed to standards prescribed by the department. Such

16  audits shall be delivered to the department on or before

17  February 15 of each calendar year. Any fees or taxes which the

18  audit determines are due the department shall be submitted to

19  the department along with such audit. In addition, any company

20  found to be habitually abusing the privileges afforded by

21  permanent licensure shall forfeit the bond required in

22  subsection (1), and may be required by the department to

23  relinquish all permanent license plates, and not be eligible

24  to continue to participate in the program.

25         (5)(3)  The department may is authorized to adopt such

26  rules as necessary to comply with this section.

27         Section 23.  Subsections (1), (2), (3), and (12) of

28  section 320.08, Florida Statutes, 1998 Supplement, are amended

29  to read:

30         320.08  License taxes.--Except as otherwise provided

31  herein, there are hereby levied and imposed annual license

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  1  taxes for the operation of motor vehicles, mopeds, motorized

  2  bicycles as defined in s. 316.003(2), and mobile homes, as

  3  defined in s. 320.01, which shall be paid to and collected by

  4  the department or its agent upon the registration or renewal

  5  of registration of the following:

  6         (1)  MOTORCYCLES, MOPEDS, MOTORIZED BICYCLES.--

  7         (a)  Any motorcycle: $10 flat.

  8         (b)  Any moped: $5 flat.

  9         (c)  Any motorized bicycle as defined in s. 316.003(2):

10  $5 flat; however, annual renewal is not required.

11         (d)  Upon registration of any motorcycle, motor-driven

12  cycle, or moped there shall be paid in addition to the license

13  taxes specified in this subsection a nonrefundable motorcycle

14  safety education fee in the amount of $2.50.  The proceeds of

15  such additional fee shall be deposited in the Highway Safety

16  Operating Trust Fund and be used exclusively to fund a

17  motorcycle driver improvement program implemented pursuant to

18  s. 322.025 or the Florida Motorcycle Safety Education Program

19  established in s. 322.0255.

20         (e)  An ancient or, antique, or collectible motorcycle:

21  $10 flat.

22         (2)  AUTOMOBILES FOR PRIVATE USE.--

23         (a)  An ancient or, antique, or collectible automobile,

24  as defined in s. 320.086, or a street rod, as defined in s.

25  320.0863: $7.50 flat.

26         (b)  Net weight of less than 2,500 pounds: $14.50 flat.

27         (c)  Net weight of 2,500 pounds or more, but less than

28  3,500 pounds: $22.50 flat.

29         (d)  Net weight of 3,500 pounds or more: $32.50 flat.

30         (3)  TRUCKS.--

31         (a)  Net weight of less than 2,000 pounds: $14.50 flat.

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  1         (b)  Net weight of 2,000 pounds or more, but not more

  2  than 3,000 pounds: $22.50 flat.

  3         (c)  Net weight more than 3,000 pounds, but not more

  4  than 5,000 pounds: $32.50 flat.

  5         (d)  A truck defined as a "goat," or any other vehicle

  6  when used in the field by a farmer or in the woods for the

  7  purpose of harvesting a crop, including naval stores, during

  8  such harvesting operations, and which is not principally

  9  operated upon the roads of the state: $7.50 flat.  A "goat" is

10  a motor vehicle designed, constructed, and used principally

11  for the transportation of citrus fruit within citrus groves.

12         (e)  An ancient or, antique, or collectible truck, as

13  defined in s. 320.086: $7.50 flat.

14         (12)  DEALER AND MANUFACTURER LICENSE PLATES.--A

15  franchised motor vehicle dealer, independent motor vehicle

16  dealer, marine boat trailer dealer, or mobile home dealer and

17  manufacturer license plate: $12.50 flat.

18         Section 24.  Paragraph (b) of subsection (4) of section

19  320.08056, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         320.08056  Specialty license plates.--

22         (4)  The following license plate annual use fees shall

23  be collected for the appropriate specialty license plates:

24         (b)  Challenger license plate, $25 $15, except that a

25  person that purchases 1,000 or more Challenger license plates

26  shall pay an annual use fee of $15 $10 per plate.

27         Section 25.  Paragraph (f) of subsection (2) of section

28  320.08058, Florida Statutes, 1998 Supplement, is repealed.

29         Section 26.  Subsection (4) of section 320.08058,

30  Florida Statutes, 1998 Supplement, is amended to read:

31         320.08058  Specialty license plates.--

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  1         (4)  FLORIDA SALUTES VETERANS LICENSE PLATES.--

  2         (a)  The department shall develop a Florida Salutes

  3  Veterans license plate. The words "Florida Salutes Veterans"

  4  and the flag of the United States of America must appear on

  5  the plate.  developed by the department must have a white

  6  background and must be designed so that the word "Florida"

  7  appears in red characters at the top of the plate; the words

  8  "Salutes Veterans" appear at the bottom of the plate in white

  9  characters on a red background; the flag of the United States,

10  which must be designed to be waving, appears in the center of

11  the plate; and the serial numbers appear in blue characters at

12  either side of the flag.

13         (b)  The Florida Salutes Veterans license plate annual

14  use fee must be deposited in the State Homes for Veterans

15  Trust Fund, which is created in the State Treasury.  All such

16  moneys are to be administered by the Department of Veterans'

17  Affairs and must be used solely for the purpose of

18  constructing, operating, and maintaining domiciliary and

19  nursing homes for veterans and for continuing promotion and

20  marketing of the license plate, subject to the requirements of

21  chapter 216.

22         Section 27.  Subsection (5) of section 320.084, Florida

23  Statutes, is amended to read:

24         320.084  Free motor vehicle license plate to certain

25  disabled veterans.--

26         (5)  A county or municipality, or any agency thereof,

27  may not impose upon any person who is issued a "DV" motor

28  vehicle license plate, or a license plate with the

29  international accessibility symbol, under this section, any

30  fee or penalty for parking in any metered or timed parking

31  space except:

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  1         (a)  As provided in s. 316.1964; or

  2         (b)  When the person is parked without a permit issued

  3  under s. 320.0848 in a space designated for use by persons who

  4  have disabilities.

  5         Section 28.  Section 320.086, Florida Statutes, is

  6  amended to read:

  7         320.086  Ancient or, antique, or collectible motor

  8  vehicles; "horseless carriage," antique, collectible, or

  9  historical license plates.--

10         (1)  The owner of a motor vehicle for private use

11  manufactured in 1945 1927 or earlier, equipped with an engine

12  manufactured in 1945 1927 or earlier or manufactured to the

13  specifications of the original engine, and operated on the

14  streets and highways of this state shall, upon application in

15  the manner and at the time prescribed by the department and

16  upon payment of the license tax for an ancient motor vehicle

17  prescribed by s. 320.08(1)(e), (2)(a), or (3)(e), be issued a

18  special license plate for such motor vehicle.  The license

19  plate shall be permanent and valid for use without renewal so

20  long as the vehicle is in existence.  In addition to the

21  payment of all other fees required by law, the applicant shall

22  pay such fee for the issuance of the special license plate as

23  may be prescribed by the department commensurate with the cost

24  of its manufacture.  The registration numbers and special

25  license plates assigned to such motor vehicles shall run in a

26  separate numerical series, commencing with "Horseless Carriage

27  No. 1," and the plates shall be of a distinguishing color.

28         (2)  The owner of a motor vehicle for private use

29  manufactured between 1928 and 1945, inclusive, with an engine

30  manufactured between 1928 and 1945, inclusive, or manufactured

31  to the specifications of the original engine and operated on

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  1  the streets and highways of this state shall, upon application

  2  in the manner and at the time prescribed by the department and

  3  upon payment of the license tax prescribed by s. 320.08(1)(e),

  4  (2)(a), or (3)(e), be issued a special license plate for such

  5  motor vehicle.  In addition to the payment of all other fees

  6  required by law, the applicant shall pay such fee for the

  7  issuance of the special license plate as may be prescribed by

  8  the department commensurate with the cost of its manufacture.

  9  The registration numbers and special license plates assigned

10  to such motor vehicles shall run in a separate numerical

11  series, commencing with "Antique Vehicle No. 1," and the

12  plates shall be of a distinguishing color.

13         (2)(3)(a)  The owner of a motor vehicle for private use

14  manufactured after 1945 and of the age of 30 20 years or more

15  after from the date of manufacture, equipped with an engine of

16  the age of 30 20 years or more after from the date of

17  manufacture, and operated on the streets and highways of this

18  state may shall, upon application in the manner and at the

19  time prescribed by the department and upon payment of the

20  license tax prescribed by s. 320.08(1)(e), (2)(a), or (3)(e),

21  be issued a special license plate for such motor vehicle.  In

22  addition to the payment of all other fees required by law, the

23  applicant shall pay the such fee for the issuance of the

24  special license plate as may be prescribed by the department,

25  commensurate with the cost of its manufacture.  The

26  registration numbers and special license plates assigned to

27  such motor vehicles shall run in a separate numerical series,

28  commencing with "Antique No. 1," "Collectible No. 1," and the

29  plates shall be of a distinguishing color. The owner of the

30  motor vehicle may, upon application and payment of the license

31  tax prescribed by s. 320.08, be issued a regular Florida

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  1  license plate or specialty license plate in lieu of the

  2  special "Antique" license plate.

  3         (b)  Motor vehicles licensed under this section which

  4  have been issued a permanent license plate prior to October 1,

  5  1999, shall maintain such plate unless the vehicle is

  6  transferred to a new owner. Motor vehicles licensed under this

  7  section which have been issued a "Collectible" license plate

  8  prior to October 1, 1999, may retain that license plate until

  9  the next regularly scheduled replacement.

10         (3)  The owner of an ancient or antique fire fighting

11  apparatus or other historical motor vehicle or trailer

12  identifiable as a military trailer 30 years old or older which

13  is used only in exhibitions, parades, or public display, may,

14  upon application in the manner and at the time prescribed by

15  the department and upon payment of the license tax prescribed

16  by s. 320.08(2)(a), be issued a license plate as prescribed in

17  subsection (1) or subsection (2). License plates issued under

18  this subsection shall be permanent and valid for use without

19  renewal as long as the vehicle is in existence and its use is

20  consistent with this subsection. Motor vehicles with a model

21  year of 1928-1960, registered as ancient prior to July 1,

22  1996, shall be grandfathered to maintain a permanent license

23  plate unless a vehicle with a model year of 1946-1960 is

24  transferred to a new owner. Upon transfer of a vehicle with a

25  model year of 1946-1960, after July 1, 1996, the vehicle shall

26  be registered as a collectible and required to renew annually

27  as prescribed by s. 320.08.

28         (4)  Any person who is the registered owner of a an

29  ancient, antique, or collectible motor vehicle as defined in

30  this section and manufactured in the model year 1974 or

31  earlier, may apply to the department for permission to use a

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  1  historical Florida license plate that which clearly represents

  2  the model year of the vehicle as a personalized prestige

  3  license plate.  This plate shall be furnished by such person

  4  and shall be presented to the department with a reasonable fee

  5  to be determined by the department for approval and for

  6  authentication that the historic license plate and any

  7  applicable decals were issued by this state in the same year

  8  as the model year of the car or truck.  The requirements of s.

  9  320.0805(8)(b) do not apply to historical plates authorized

10  under this subsection.

11         Section 29.  For the purpose of incorporating the

12  amendments made by this act to section 320.086, Florida

13  Statutes, in references thereto, paragraph (g) of subsection

14  (2) of section 320.072, Florida Statutes, is reenacted to

15  read:

16         320.072  Additional fee imposed on certain motor

17  vehicle registration transactions.--

18         (2)  The fee imposed by subsection (1) shall not apply

19  to:

20         (g)  Any ancient or antique automobile or truck for

21  private use registered pursuant to s. 320.086(1) or (2).

22         Section 30.  Section 320.13, Florida Statutes, is

23  amended to read:

24         320.13  Dealer and manufacturer license plates and

25  alternative method of registration.--

26         (1)(a)  Any licensed motor vehicle dealer and any

27  licensed mobile home dealer may, upon payment of the license

28  tax imposed by s. 320.08(12) s. 320.08(11), secure one or more

29  dealer license plates, which are valid for use on motor

30  vehicles or mobile homes owned by the dealer to whom such

31  plates are issued while the motor vehicles are in inventory

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  1  and for sale, or while being operated in connection with such

  2  dealer's business, but are not valid for use for hire. Dealer

  3  license plates may not be used on any tow truck or wrecker

  4  unless the tow truck or wrecker is being demonstrated for

  5  sale, and the dealer license plates may not be used on a

  6  vehicle used to transport another motor vehicle for the motor

  7  vehicle dealer.

  8         (b)1.  Marine boat trailer dealers and manufacturers

  9  may, upon payment of the license taxes imposed by s.

10  320.08(12), secure one or more dealer plates, which are valid

11  for use on boat trailers owned by the dealer to whom such

12  plates are issued while being used in connection with such

13  dealer's business, but are not valid for use for hire.

14         2.  It is the intent of the Legislature that the method

15  currently used to license marine boat trailer dealers to do

16  business in the state, that is, by an occupational license

17  issued by the city or county, not be changed. The department

18  shall not interpret this act to mean that it is empowered to

19  license such dealers to do business.  An occupational license

20  tax certificate shall be sufficient proof upon which the

21  department may issue dealer license plates.

22         (2)  A licensed manufacturer of motor vehicles may,

23  upon payment of the license tax imposed by s. 320.08(12),

24  secure one or more manufacturer license plates, which are

25  valid for use on motor vehicles owned by the manufacturer to

26  whom such plates are issued while the motor vehicles are in

27  inventory and for sale, being operated for demonstration

28  purposes, or in connection with such manufacturer's business,

29  but are not valid for use for hire. A dealer license plate may

30  be replaced by the department upon submittal of an affidavit

31

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  1  stating that the original has been actually destroyed or lost

  2  and payment of a fee of $2.

  3         (3)  When a licensed dealer or a marine boat trailer

  4  dealer chooses to register any motor vehicle or boat trailer

  5  he or she owns and has for sale and secure a regular motor

  6  vehicle license plate therefor, the dealer may, upon sale

  7  thereof, submit to the department a transfer fee of $4.50 and

  8  an application for transfer of the license plate to a

  9  comparable motor vehicle or boat trailer owned by the dealer

10  of the same weight series as set forth under s. 320.08.

11         Section 31.  Paragraph (k) of subsection (1) of section

12  320.131, Florida Statutes, is amended, and subsections (5),

13  (6), and (7) are added to that section, to read:

14         320.131  Temporary tags.--

15         (1)  The department is authorized and empowered to

16  design, issue, and regulate the use of temporary tags to be

17  designated "temporary tags" for use in the following cases:

18         (k)  In any case where a permanent license plate cannot

19  can not legally be issued to an applicant and a temporary

20  license plate is not specifically authorized under the

21  provisions of this section, the department shall have the

22  discretion to issue or authorize agents or Florida licensed

23  dealers to issue temporary license plates to applicants

24  demonstrating a need for such temporary use.

25

26  Further, the department is authorized to disallow the purchase

27  of temporary tags by licensed dealers, common carriers, or

28  financial institutions in those cases where abuse has

29  occurred.

30         (5)  Any person who knowingly and willfully abuses or

31  misuses temporary-tag issuance to avoid registering a vehicle

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  1  requiring registration pursuant to this chapter or chapter 319

  2  commits a misdemeanor of the first degree, punishable as

  3  provided in s. 775.082 or s. 775.083.

  4         (6)  Any person who knowingly and willfully issues a

  5  temporary tag or causes another to issue a temporary tag to a

  6  fictitious person or entity to avoid disclosure of the true

  7  owner of a vehicle commits a felony of the third degree,

  8  punishable as provided in s. 775.082, s. 775.083, or s.

  9  775.084.

10         (7)  Any person authorized by this section to purchase

11  and issue a temporary tag shall maintain records as required

12  by this chapter or departmental rules and such records shall

13  be open to inspection by the department or its agents during

14  reasonable business hours. Any person who fails to comply with

15  this subsection commits a misdemeanor of the second degree,

16  punishable as provided in s. 775.082 or s. 775.083.

17         Section 32.  Section 320.1325, Florida Statutes, is

18  amended to read:

19         320.1325  Registration required for the temporarily

20  employed.--Motor vehicles owned or leased by persons who are

21  temporarily employed within the state but are not residents

22  are required to be registered. Upon payment of the fees

23  prescribed in this section and proof of insurance coverage as

24  required by the applicant's resident state, the department

25  shall provide a temporary registration plate and a

26  registration certificate valid for 90 days to an applicant who

27  is temporarily employed in this the state. The temporary

28  registration plate may be renewed one time for an additional

29  90-day period. At the end of the 180-day period of temporary

30  registration, the applicant shall apply for a permanent

31  registration if there is a further need to remain in this

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  1  state. A temporary license registration plate may not be

  2  issued for any commercial motor vehicle as defined in s.

  3  320.01. The fee for the 90-day temporary registration plate

  4  shall be $40 plus the applicable service charge required by s.

  5  320.04. Subsequent permanent registration and titling of a

  6  vehicle registered hereunder shall subject the applicant to

  7  providing proof of Florida insurance coverage as specified in

  8  s. 320.02 and payment of the fees required by ss. 319.231 and

  9  320.072, in addition to all other taxes and fees required.

10         Section 33.  Paragraph (v) is added to subsection (9)

11  of section 320.27, Florida Statutes, and paragraph (a) of

12  subsection (9) and subsection (12) of that section are

13  amended, to read:

14         320.27  Motor vehicle dealers.--

15         (9)  DENIAL, SUSPENSION, OR REVOCATION.--The department

16  may deny, suspend, or revoke any license issued hereunder or

17  under the provisions of s. 320.77 or s. 320.771, upon proof

18  that a licensee has failed to comply with any of the following

19  provisions with sufficient frequency so as to establish a

20  pattern of wrongdoing on the part of the licensee:

21         (a)  Willful violation of any other law of this state,

22  including chapter 319, this chapter, or ss. 559.901-559.9221,

23  which has to do with dealing in or repairing motor vehicles or

24  mobile homes or willful failure to comply with any

25  administrative rule promulgated by the department.

26  Additionally, in the case of used motor vehicles, the willful

27  violation of the federal law and rule in 15 U.S.C. 2304, 16

28  C.F.R. Part 455, pertaining to the consumer sales window form.

29         (v)  Sale by a motor vehicle dealer of a vehicle

30  offered in trade by a customer prior to consummation of the

31  sale, exchange, or transfer of a newly acquired vehicle to the

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  1  customer, unless the customer provides written authorization

  2  for the sale of the trade-in vehicle prior to delivery of the

  3  newly acquired vehicle.

  4         (12)  CIVIL FINES; PROCEDURE.--In addition to the

  5  exercise of other powers provided in this section, the

  6  department may levy and collect a civil fine, in an amount not

  7  to exceed $1,000 for each violation, against any licensee if

  8  it finds that the licensee has violated any provision of this

  9  section or has violated any other law of this state or the

10  federal law and administrative rule set forth in s.

11  320.27(9)(a) related to dealing in motor vehicles.  Any

12  licensee shall be entitled to a hearing pursuant to chapter

13  120 if the licensee contests the fine levied, or about to be

14  levied, upon him or her.

15         Section 34.  Section 320.30, Florida Statutes, is

16  amended to read:

17         320.30  Penalty for violating s. 320.28.--No action or

18  right of action to recover any such motor vehicle, or any part

19  of the selling price thereof, shall be maintained in the

20  courts of this state by any such dealer or vendor or his or

21  her successors or assigns in any case wherein such vendor or

22  dealer shall have failed to comply with the terms and

23  provisions of s. 320.28, and in addition thereto, such vendor

24  or dealer, upon conviction for the violation of any of the

25  provisions of said sections, shall be guilty of a misdemeanor

26  of the second degree, punishable as provided in s. 775.082 or

27  s. 775.083 and by confiscation of the vehicle or vehicles

28  offered for sale. Any municipal or county law enforcement

29  agency that enforces, or assists the department in enforcing,

30  the provisions of this section which enforcement results in a

31  forfeiture of property as provided in this section is entitled

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  1  to receive all or a share of any such property based upon its

  2  participation in such enforcement. Any property seized by any

  3  municipal or county law enforcement agency may be retained or

  4  sold by the law enforcement agency in accordance with the

  5  Florida Contraband Forfeiture Act. Any funds received by a

  6  municipal or county law enforcement agency pursuant to this

  7  section constitute supplemental funds and may not be used as

  8  replacement funds by the municipality or county. However, this

  9  section shall not apply to:

10         (1)  The holder of a note or notes representing a

11  portion of the purchase price of such motor vehicle when the

12  owner thereof was and is a bona fide purchaser of said note or

13  notes, before maturity, for value and without knowledge that

14  the vendor of such vehicle had not complied with said

15  sections; or.

16         (2)  The bona fide purchaser of such motor vehicle for

17  value and without knowledge that the vendor or dealer of such

18  vehicle had not complied with said sections.

19         Section 35.  Section 321.06, Florida Statutes, is

20  amended to read:

21         321.06  Civil service.--

22         (1)  The Department of Highway Safety and Motor

23  Vehicles is hereby empowered and directed to make civil

24  service rules governing the employment and tenure of the

25  members of the highway patrol. All persons employed as said

26  patrol officers shall be subject to said civil service rules

27  and regulations, and any amendment thereto which may

28  thereafter from time to time be adopted.  The department may,

29  for cause, discharge, suspend or reduce in rank or pay, any

30  member of said highway patrol by presenting to such employee

31  the reason or reasons therefor in writing, subject to the

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  1  civil service rules and regulations of the department, and

  2  subject to the review of the Governor and Cabinet, as head of

  3  the department who shall serve as a court of inquiry in such

  4  cases and shall hear all complaints and defenses, if requested

  5  by such employee.  Their decision shall be final and

  6  conclusive.  Such civil service rules or regulations shall be

  7  subject to the revision of the Legislature in the event civil

  8  service rules adopted by the department are declared unlawful

  9  or unreasonable.

10         (2)  The department may employ traffic accident

11  investigation officers who must complete any applicable

12  standards adopted by the Florida Highway Patrol, including,

13  but not limited to:  cognitive testing, drug testing,

14  polygraph testing, psychological testing, and an extensive

15  background check, including a credit check.

16         Section 36.  Subsections (6) and (7) of section 322.08,

17  Florida Statutes, 1998 Supplement, are amended to read:

18         322.08  Application for license.--

19         (6)  Every application under this section made by a

20  person who presently holds an out-of-state license shall be

21  accompanied by a copy of the Florida registration certificate

22  showing registration under chapter 320 for every motor vehicle

23  which is owned by the applicant, or, if he or she does not own

24  any vehicle required to be registered under chapter 320, an

25  affidavit to that effect.

26         (6)(7)  The application form for a driver's license or

27  duplicate thereof shall include language permitting the

28  following:

29         (a)  A voluntary contribution of $5 per applicant,

30  which contribution shall be transferred into the Election

31  Campaign Financing Trust Fund.

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  1         (b)  A voluntary contribution of $1 per applicant,

  2  which contribution shall be deposited into the Florida Organ

  3  and Tissue Donor Education and Procurement Trust Fund for

  4  organ and tissue donor education and for maintaining the organ

  5  and tissue donor registry.

  6         (c)  A voluntary contribution of $1 per applicant,

  7  which contribution shall be distributed to the Florida Council

  8  of the Blind.

  9

10  A statement providing an explanation of the purpose of the

11  trust funds shall also be included.

12         Section 37.  Subsections (5) and (6) of section

13  322.081, Florida Statutes, 1998 Supplement, are amended to

14  read:

15         322.081  Requests to establish voluntary checkoff on

16  driver's license application.--

17         (5)  A voluntary contribution collected and distributed

18  under this chapter, or any interest earned from those

19  contributions, may not be used for commercial or for-profit

20  activities nor for general or administrative expenses, except

21  as authorized by law, or to pay the cost of the audit or

22  report required by law.

23         (a)  All organizations that receive annual use fee

24  proceeds from the department are responsible for ensuring that

25  proceeds are used in accordance with law.

26         (b)  All organizational recipients of any voluntary

27  contributions in excess of $15,000, not otherwise subject to

28  annual audit by the Office of the Auditor General, shall

29  submit an annual audit of the expenditures of these

30  contributions and interest earned from these contributions, to

31  determine if expenditures are being made in accordance with

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  1  the specifications outlined by law. The audit shall be

  2  prepared by a certified public accountant licensed under

  3  chapter 473 at that organizational recipient's expense. The

  4  notes to the financial statements should state whether

  5  expenditures were made in accordance with law. Such audits

  6  must be delivered to the department no later than December 31

  7  of the calendar year in which the audit was performed.

  8         (c)  In lieu of an annual audit, any organization

  9  receiving less than $15,000 in voluntary contributions

10  directly from the department may annually report, under

11  penalties of perjury, that such proceeds were used in

12  compliance with law. The attestation shall be made annually in

13  a form and format determined by the department.

14         (d)  Any voluntary contributions authorized by law

15  shall only be distributed to an organization under an

16  appropriation by the Legislature.

17         (e)  The annual audit or report must be submitted to

18  the department for review within 180 days after the end of the

19  organization's fiscal year.

20         (6)  Within 90 days after receiving an organization's

21  audit or report By February 1 each year, the department shall

22  determine which recipients have not complied with subsection

23  (5).  If the department determines that an organization has

24  not complied  or has failed to use the revenues in accordance

25  with law, the department must discontinue the distribution of

26  the revenues to the organization until the department

27  determines that the organization has complied. If an

28  organization fails to comply within 12 months after the

29  voluntary contributions are withheld by the department, the

30  proceeds shall be deposited into the Highway Safety Operating

31  Trust Fund to offset department costs.

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  1         Section 38.  Subsection (3) of section 322.1615,

  2  Florida Statutes, is amended to read:

  3         322.1615  Learner's driver's license.--

  4         (3)  A person who holds a learner's driver's license

  5  may operate a vehicle only during daylight hours, except that

  6  the holder of a learner's driver's license may operate a

  7  vehicle until between the hours of 7 p.m. and 10 p.m. after 3

  8  months following after the issuance of the learner's driver's

  9  license.

10         Section 39.  Paragraphs (b) and (d) of subsection (6)

11  and subsection (10) of section 322.2615, Florida Statutes, are

12  amended to read:

13         322.2615  Suspension of license; right to review.--

14         (6)

15         (b)  Such formal review hearing shall be held before a

16  hearing officer employed by the department, and the hearing

17  officer shall be authorized to administer oaths, examine

18  witnesses and take testimony, receive relevant evidence, issue

19  subpoenas, regulate the course and conduct of the hearing, and

20  make a ruling on the suspension.  The department and the

21  person arrested may subpoena witnesses, and the party

22  requesting the presence of a witness shall be responsible for

23  the payment of any witness fees and for notifying in writing

24  the state attorney's office in the appropriate circuit of the

25  issuance of the subpoena.  If the person who requests a formal

26  review hearing fails to appear and the hearing officer finds

27  such failure to be without just cause, the right to a formal

28  hearing is waived and the suspension shall be sustained

29  department shall conduct an informal review of the suspension

30  under subsection (4).

31

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  1         (d)  The department must, within 7 working days after a

  2  formal review hearing, send notice to the person of the

  3  hearing officer's decision as to whether sufficient cause

  4  exists to sustain, amend, or invalidate the suspension.

  5         (10)  A person whose driver's license is suspended

  6  under subsection (1) or subsection (3) may apply for issuance

  7  of a license for business or employment purposes only if the

  8  person is otherwise eligible for the driving privilege

  9  pursuant to s. 322.271.

10         (a)  If the suspension of the driver's license of the

11  person for failure to submit to a breath, urine, or blood test

12  is sustained, the person is not eligible to receive a license

13  for business or employment purposes only, pursuant to s.

14  322.271, until 90 days have elapsed after the expiration of

15  the last 30-day temporary permit issued pursuant to this

16  section or s. 322.64.  If the driver is not issued a 30-day

17  permit pursuant to this section or s. 322.64 because he or she

18  is ineligible for the permit and the suspension for failure to

19  submit to a breath, urine, or blood test is not invalidated by

20  the department, the driver is not eligible to receive a

21  business or employment license pursuant to s. 322.271 until 90

22  days have elapsed from the date of the suspension.

23         (b)  If the suspension of the driver's license of the

24  person arrested for a violation of s. 316.193, relating to

25  unlawful blood-alcohol level, is sustained, the person is not

26  eligible to receive a license for business or employment

27  purposes only pursuant to s. 322.271 until 30 days have

28  elapsed after the expiration of the last 30-day temporary

29  permit issued pursuant to this section or s. 322.64.  If the

30  driver is not issued a 30-day permit pursuant to this section

31  or s. 322.64 because he or she is ineligible for the permit

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  1  and the suspension for a violation of s. 316.193, relating to

  2  unlawful blood-alcohol level, is not invalidated by the

  3  department, the driver is not eligible to receive a business

  4  or employment license pursuant to s. 322.271 until 30 days

  5  have elapsed from the date of the arrest.

  6         Section 40.  Subsection (3) of section 322.245, Florida

  7  Statutes, is amended to read:

  8         322.245  Suspension of license upon failure of person

  9  charged with specified offense under chapter 316, chapter 320,

10  or this chapter to comply with directives ordered by traffic

11  court or upon failure to pay child support in non-IV-D cases

12  as provided in chapter 61.--

13         (3)  If the person fails to comply with the directives

14  of the court within the 30-day period, or, in non-IV-D cases,

15  fails to comply with the requirements of s. 61.13016 within

16  the period specified in that statute, the depository or the

17  clerk of the court shall notify the department of such failure

18  within 10 5 days. Upon receipt of the notice, the department

19  shall immediately issue an order suspending the person's

20  driver's license and privilege to drive effective 20 days

21  after the date the order of suspension is mailed in accordance

22  with s. 322.251(1), (2), and (6).

23         Section 41.  Subsections (4), (5), (6), (7), and (8) of

24  section 322.28, Florida Statutes, 1998 Supplement, are amended

25  to read:

26         322.28  Period of suspension or revocation.--

27         (4)  Upon the conviction of a person for a violation of

28  s. 322.34, the license or driving privilege, if suspended,

29  shall be suspended for 3 months in addition to the period of

30  suspension previously imposed and, if revoked, the time after

31  which a new license may be issued shall be delayed 3 months.

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  1         (5)  If, in any case arising under this section, a

  2  licensee, after having been given notice of suspension or

  3  revocation of his or her license in the manner provided in s.

  4  322.251, fails to surrender to the department a license

  5  theretofore suspended or revoked, as required by s. 322.29, or

  6  fails otherwise to account for the license to the satisfaction

  7  of the department, the period of suspension of the license, or

  8  the period required to elapse after revocation before a new

  9  license may be issued, shall be extended until, and shall not

10  expire until, a period has elapsed after the date of surrender

11  of the license, or after the date of expiration of the

12  license, whichever occurs first, which is identical in length

13  with the original period of suspension or revocation.

14         (4)(6)(a)  Upon a conviction for a violation of s.

15  316.193(3)(c)2., involving serious bodily injury, a conviction

16  of manslaughter resulting from the operation of a motor

17  vehicle, or a conviction of vehicular homicide, the court

18  shall revoke the driver's license of the person convicted for

19  a minimum period of 3 years. If In the event that a conviction

20  under s. 316.193(3)(c)2., involving serious bodily injury, is

21  also a subsequent conviction as described under paragraph

22  (2)(a), the court shall revoke the driver's license or driving

23  privilege of the person convicted for the period applicable as

24  provided in paragraph (2)(a) or paragraph (2)(e).

25         (b)  If the period of revocation was not specified by

26  the court at the time of imposing sentence or within 30 days

27  thereafter, the department shall revoke the driver's license

28  for the minimum period applicable under paragraph (a) or, for

29  a subsequent conviction, for the minimum period applicable

30  under paragraph (2)(a) or paragraph (2)(e).

31

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  1         (5)(7)  A court may not stay the No administrative

  2  suspension of a driving privilege under s. 322.2615 or s.

  3  322.2616 during judicial shall be stayed upon a request for

  4  review of the departmental order that resulted in such

  5  suspension and a, except as provided in former s. 322.261, no

  6  suspension or revocation of a driving privilege may not shall

  7  be stayed upon an appeal of the conviction or order that

  8  resulted in the suspension or revocation therein.

  9         (6)(8)  In a prosecution for a violation of s.

10  316.172(1), and upon a showing of the department's records

11  that the licensee has received a second conviction within a

12  period of 5 years following from the date of a prior

13  conviction of s. 316.172(1), the department shall, upon

14  direction of the court, suspend the driver's license of the

15  person convicted for a period of not less than 90 days or nor

16  more than 6 months.

17         Section 42.  Subsection (6) of section 322.34, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         322.34  Driving while license suspended, revoked,

20  canceled, or disqualified.--

21         (6)  Any person who operates a motor vehicle:

22         (a)  Without having a driver's license as required

23  under s. 322.03; or

24         (b)  While his or her driver's license or driving

25  privilege is canceled, suspended, or revoked pursuant to s.

26  316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (5),

27

28  and who by careless or negligent operation of the motor

29  vehicle causes the death of or serious bodily injury to

30  another human being is guilty of a felony of the third degree,

31  punishable as provided in s. 775.082 or s. 775.083.

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  1         Section 43.  Subsection (5) of section 324.201, Florida

  2  Statutes, is amended to read:

  3         324.201  Return of license or registration to

  4  department.--

  5         (5)  When a recovery agent or recovery agency obtains a

  6  seized license plate in accordance with this chapter, the

  7  license plate shall be delivered to a driver license office on

  8  the next business day local law enforcement agencies must be

  9  notified of the recovery within 6 hours after seizure. The

10  recovery agent or recovery agency shall deliver the license

11  plate to the local law enforcement authorities and obtain a

12  receipt upon delivery of the license plate for claim record

13  purposes with the department pursuant to the procedure

14  prescribed in this section.

15         Section 44.  Section 324.202, Florida Statutes, is

16  amended to read:

17         324.202  Seizure of motor vehicle license plates by

18  recovery agents.--

19         (1)  On the implementation of the vehicle information

20  system overall reorganization to the Oracle database of driver

21  licenses the Department of Highway Safety and Motor Vehicles

22  shall implement a program pilot project in Broward County,

23  Dade County, and Hillsborough County to determine the

24  effectiveness of using recovery agents for the seizure of

25  license plates in counties where a majority of the governing

26  body of the county has requested the program be implemented.

27  Until the vehicle information system overall reorganization is

28  complete, the existing pilot project within Broward, Dade, and

29  Hillsborough counties shall continue in effect pursuant to

30  chapter 95-202, Laws of Florida. A On October 1, 1996, the

31  department shall provide a report to the President of the

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  1  Senate, the Speaker of the House of Representatives, the chair

  2  of the Senate Commerce Committee, the chair of the House

  3  Insurance Committee, and the Majority and Minority Leaders of

  4  the Senate and the House of Representatives, on the results of

  5  the pilot project. licensed recovery agent or recovery agency

  6  agents and recovery agencies as described in s. 493.6101(20)

  7  and (21) may seize the license plate plates of a motor vehicle

  8  if the vehicle's registration or the driver's license of the

  9  owner or operator of the vehicle has vehicles whose

10  registrations have been suspended pursuant to s. 316.646 or s.

11  627.733 in such counties upon compliance with this section and

12  rules of the Department of Highway Safety and Motor Vehicles.

13         (2)  The Department of Highway Safety and Motor

14  Vehicles shall:

15         (a)  Provide a procedure for the payment of fees to

16  recovery agents or recovery agencies who seize license plates

17  pursuant to this section.  This procedure shall include the

18  development and distribution of forms and monthly renewal

19  notices, including the name and most current address available

20  to the department of persons not in compliance with s. 316.646

21  or s. 627.733, which shall be used by the seizing recovery

22  agent or recovery agency to transmit the seized license plate

23  to the local law enforcement agency pursuant to s. 324.201.

24         (b)  Provide a method for the payment of a the fee of

25  $25 in s. 627.733(7) to the recovery agent or recovery agency

26  seizing an eligible the license plate pursuant to this

27  section. The requirements with respect to payment must provide

28  that when the owner or operator whose driver's license has

29  been suspended under s. 316.646 or s. 627.733 pays the

30  reinstatement fee to the Department of Highway Safety and

31  Motor Vehicles, the department shall pay the recovery agent.

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  1         Section 45.  Section 325.2135, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         325.2135  Motor vehicle emissions inspection program;

  4  development of specifications; fees; reporting.--

  5         (1)  The Department of Highway Safety and Motor

  6  Vehicles shall hire an independent expert consultant to

  7  develop appropriate request-for-proposal specifications and a

  8  range of inspection fees for the motor vehicle emissions

  9  inspection program based on an annual and a biennial

10  inspection program for vehicles 4 model years old and older,

11  using the basic test for hydrocarbon emissions and carbon

12  monoxide emissions and other mobile source testing for nitrous

13  oxides or other pollutants, and no later than January 1, 1999,

14  to report to the President of the Senate and the Speaker of

15  the House of Representatives setting forth the relevant facts

16  and the department's recommendations. Notwithstanding the

17  provisions of chapter 325, the department and the Governor and

18  Cabinet, acting as head of that agency, are prohibited from

19  entering into any contract or extension of a contract for any

20  form of motor vehicles emissions testing without legislative

21  approval through the enactment of specific legislation

22  directing the department to implement an inspection program

23  and establishing a fee for the program.

24         (2)  If no specific legislation is passed during the

25  1999 legislative session to direct the department to implement

26  a motor vehicle inspection program, The department must may

27  issue a request for proposal and enter one or more contracts

28  on or before May 1, 2000, for a biennial inspection program

29  for vehicles 4 5 model years and older using the basic test

30  for hydrocarbon emissions and carbon monoxide emissions. Any

31  contract authorized under this section must contain a

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  1  provision requiring that the average driving distance from

  2  residences to inspection stations be no more than 6 miles for

  3  at least 90 percent of the affected registered motor vehicle

  4  owners in the designated program areas. The requirements for

  5  the program included in the proposals must be based on the

  6  requirements under chapter 325 unless those requirements

  7  conflict with this section. No contract entered into under

  8  this subsection may be for longer than 5 2 years. Any contract

  9  authorized under this section must provide that the department

10  reserves the right to cancel a contract at any time before the

11  conclusion of the contract term upon 6 months notice to the

12  contractor. Notwithstanding the provisions of s. 325.214, if

13  the fee for motor vehicle inspection proposed by the

14  Department of Highway Safety and Motor Vehicles may not will

15  exceed $20 $10 per inspection., the department may impose the

16  higher fee if such fee is approved through the budget

17  amendment process set forth in chapter 216 and notice is

18  provided to the chairmen of the Senate and House

19  Transportation and Natural Resources Committees at the time it

20  is provided to the Senate Ways and Means and House

21  Appropriations Committees.

22         Section 46.  Subsection (2) of section 325.214, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         325.214  Motor vehicle inspection; fees; disposition of

25  fees.--

26         (2)  The inspection fee may not exceed $20 shall be

27  $10.  Notwithstanding any other provision of law to the

28  contrary, an additional fee of $1 shall be assessed upon the

29  issuance of each dealer certificate, which fee shall be

30  forwarded to the department for deposit into the Highway

31  Safety Operating Trust Fund.

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  1         Section 47.  Section 327.031, Florida Statutes, is

  2  amended to read:

  3         327.031  Suspension or denial of a vessel registration

  4  due to child support delinquency; dishonored checks.--

  5         (1)  The department must allow applicants for new or

  6  renewal registrations to be screened by the Department of

  7  Revenue, as the Title IV-D child support agency under s.

  8  409.2598, or by a non-IV-D obligee to assure compliance with a

  9  support obligation. The purpose of this section is to promote

10  the public policy of this state as established in s. 409.2551.

11  The department must, when directed by the court, deny or

12  suspend the vessel registration of any applicant found to have

13  a delinquent child support obligation. The department must

14  issue or reinstate a registration when notified by the Title

15  IV-D agency or the court that the applicant has complied with

16  the terms of the court order. The department may not be held

17  liable for any registration denial or suspension resulting

18  from the discharge of its duties under this section.

19         (2)  The department may deny or cancel any vessel

20  registration if the owner pays for the registration by a

21  dishonored check.

22         Section 48.  Subsection (3) of section 327.11, Florida

23  Statutes, is amended, present subsection (6) is renumbered as

24  subsection (8) and amended, and new subsections (6) and (7)

25  are added to that section, to read:

26         327.11  Vessel registration, application, certificate,

27  number, decal, duplicate certificate.--

28         (3)  The Department of Highway Safety and Motor

29  Vehicles shall issue certificates of registration and numbers

30  for city, county, and state-owned vessels, charging only the

31  service fees required in s. 327.25(7) and (8) at no charge,

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  1  provided the vessels are used for purposes other than

  2  recreation.

  3         (6)  When a vessel decal has been stolen, the owner of

  4  the vessel for which the decal was issued shall make

  5  application to the department for a replacement. The

  6  application shall contain the decal number being replaced and

  7  a statement that the item was stolen. If the application

  8  includes a copy of the police report prepared in response to a

  9  report of a stolen decal, such decal shall be replaced at no

10  charge.

11         (7)  Any decal lost in the mail may be replaced at no

12  charge. The service charge shall not be applied to this

13  replacement; however, the application for a replacement shall

14  contain a statement of such fact, the decal number, and the

15  date issued.

16         (8)(6)  Anyone guilty of falsely certifying any facts

17  relating to application, certificate, transfer, number, decal,

18  or duplicate, or replacement certificates or any information

19  required under this section shall be punished as provided

20  under this chapter.

21         Section 49.  Subsection (2) of section 327.23, Florida

22  Statutes, is amended to read:

23         327.23  Exemption of vessels and outboard motors from

24  personal property tax; temporary certificate of registration;

25  vessel registration certificate fee.--

26         (2)  A temporary certificate of registration may be

27  issued to a vessel for use in the following cases:

28         (a)  which The owner has made application to the United

29  States Coast Guard for documentation and has paid the

30  applicable registration certificate fee pursuant to s.

31  327.25(1). A temporary certificate of registration shall only

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  1  be issued upon proof that all applicable state sales taxes

  2  have been paid and that the application for documentation is

  3  on file with the United States Coast Guard. Any reregistration

  4  of such a vessel without the submission of the vessel's

  5  documentation papers shall require written verification from

  6  the United States Coast Guard as to the current status of the

  7  application for the vessel's documentation. Upon receipt of

  8  the vessel's documentation papers, the owner shall bring them

  9  to the agent issuing the temporary certificate for official

10  recording of information.

11         (b)  An out-of-state resident, subject to registration

12  in this state, who must secure ownership documentation from

13  the home state, and is unable to submit an out-of-state title

14  because it is being held by an out-of-state lienholder.

15         Section 50.  Paragraphs (b) and (c) of subsection (2),

16  paragraph (b) of subsection (4), and paragraph (c) of

17  subsection (12) of section 327.25, Florida Statutes, are

18  amended to read:

19         327.25  Classification; registration; fees and charges;

20  surcharge; disposition of fees; fines; marine turtle

21  stickers.--

22         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

23         (b)  The registration number for an antique vessel

24  shall be permanently attached to each side of affixed on the

25  forward half of the vessel hull or on the port side of the

26  windshield according to ss. 327.11 and 327.11 and 327.14.

27         (c)  The Department of Highway Safety and Motor

28  Vehicles may issue a decal identifying the vessel as an

29  antique vessel. The decal shall be displayed as provided in

30  ss. 327.11 and 327.14 placed within 3 inches of the

31  registration number.

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  1         (4)  TRANSFER OF OWNERSHIP.--

  2         (b)  If a vessel is an antique as defined in subsection

  3  (2), the application shall be accompanied by either a

  4  certificate of title, a notarized bill of sale and a

  5  registration, or a notarized bill of sale and an affidavit by

  6  the owner defending the title from all claims. The bill of

  7  sale must contain a complete vessel description to include the

  8  hull identification number and engine number, if appropriate;

  9  the year, make, and color of the vessel; the selling price;

10  and the signatures of the seller and purchaser.

11         (12)  REGISTRATION.--

12         (c)  Effective July 1, 1996, the following registration

13  periods and renewal periods are established:

14         1.  For vessels owned by individuals, the registration

15  period begins the first day of the birth month of the owner

16  and ends the last day of the month immediately preceding the

17  owner's birth month in the succeeding year. If the vessel is

18  registered in the name of more than one person, the birth

19  month of the person whose name first appears on the

20  registration shall be used to determine the registration

21  period. For a vessel subject to this registration period, the

22  renewal period is the 30-day period ending at midnight on the

23  vessel owner's date of birth.

24         2.  For vessels owned by companies, corporations,

25  governmental entities, those entities listed under subsection

26  (11), and registrations issued to dealers and manufacturers,

27  the registration period begins July 1 and ends June 30.  The

28  renewal period is the 30-day period beginning June 1.

29         Section 51.  Section 327.255, Florida Statutes, is

30  created to read:

31         327.255  Registration; duties of tax collectors.--

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  1         (1)  The tax collectors in the counties of the state,

  2  as authorized agents of the department, shall issue

  3  registration certificates and vessel numbers and decals to

  4  applicants, subject to the requirements of law and in

  5  accordance with rules of the department.

  6         (2)  Each tax collector shall keep a full and complete

  7  record and account of all vessel decals or other properties

  8  received by him or her from the department or from any other

  9  source and shall make prompt remittance of moneys collected by

10  him or her at the times and in the manner prescribed by law.

11         (3)  A fee of 50 cents shall be charged in addition to

12  the fees required under s. 327.25 on every vessel decal

13  registration sold to cover the cost of the Florida Real Time

14  Vehicle Information System. The fees collected under this

15  section shall be deposited into the Highway Safety Operating

16  Trust Fund and shall be used to fund that system and may be

17  used to fund the general operations of the department.

18         Section 52.  Section 327.256, Florida Statutes, is

19  created to read:

20         327.256  Advanced registration renewal; procedures.--

21         (1)  The owner of any vessel currently registered in

22  this state may file an application for renewal of registration

23  with the department, or its authorized agent in the county

24  wherein the owner resides, any time during the 3 months

25  preceding the date of expiration of the registration period.

26         (2)  Upon the filing of the application and payment of

27  the appropriate vessel registration fee and service charges

28  required by s. 327.25 and any additional fees required by law,

29  the department or its agents shall issue to the owner of the

30  vessel a decal and registration. When the decal is affixed to

31

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  1  the vessel, the registration is renewed for the appropriate

  2  registration period.

  3         (3)  Any person who uses a vessel decal without lawful

  4  authority or who willfully violates any rule of the department

  5  relating to this section shall be punished as provided under

  6  this chapter.

  7         Section 53.  Paragraph (c) of subsection (3) of section

  8  328.01, Florida Statutes, is amended to read:

  9         328.01  Application for certificate of title.--

10         (3)

11         (c)  In making application for transfer of title from a

12  deceased titled owner, the new owner or surviving coowner

13  shall establish proof of ownership by submitting with the

14  application the original certificate of title and the

15  decedent's probated last will and testament or letters of

16  administration appointing the personal representative of the

17  decedent.  In lieu of a probated last will and testament or

18  letters of administration, a copy of the decedent's death

19  certificate, a certified copy of the decedent's last will and

20  testament, and an affidavit by the decedent's surviving spouse

21  or heirs affirming rights of ownership may be accepted by the

22  department.  If the decedent died intestate, a court order

23  awarding the ownership of the vessel or an affidavit by the

24  decedent's surviving spouse or heirs establishing or releasing

25  all rights of ownership and a copy of the decedent's death

26  certificate shall be submitted to the department.

27         Section 54.  Subsection (3) of section 328.11, Florida

28  Statutes, is amended to read:

29         328.11  Duplicate certificate of title.--

30         (3)  If, following the issuance of an original,

31  duplicate, or corrected certificate of title by the

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  1  department, the certificate is lost in transit and is not

  2  delivered to the addressee, the owner of the vessel or the

  3  holder of a lien thereon may, within 180 90 days after the

  4  date of issuance of the title, apply to the department for

  5  reissuance of the certificate of title.  An additional fee may

  6  not be charged for reissuance under this subsection.

  7         Section 55.  Paragraph (c) of subsection (2) and

  8  subsection (7) of section 328.15, Florida Statutes, are

  9  amended, present subsection (8) is renumbered as subsection

10  (12), and new subsections (8), (9), (10), and (11) are added

11  to that section, to read:

12         328.15  Notice of lien on vessel; recording.--

13         (2)

14         (c)  If the owner of the vessel as shown on the title

15  certificate or the director of the state child support

16  enforcement program desires to place a second or subsequent

17  lien or encumbrance against the vessel when the title

18  certificate is in the possession of the first lienholder, the

19  owner shall send a written request to the first lienholder by

20  certified mail and such first lienholder shall forward the

21  certificate to the department for endorsement. The department

22  shall return the certificate to the first lienholder, as

23  indicated in the notice of lien filed by the first lienholder,

24  after endorsing the second or subsequent lien on the

25  certificate and on the duplicate. If the first lienholder

26  fails, neglects, or refuses to forward the certificate of

27  title to the department within 10 days after the date of the

28  owner's or the director's request, the department, on written

29  request of the subsequent lienholder or an assignee thereof,

30  shall demand of the first lienholder the return of such

31  certificate for the notation of the second or subsequent lien

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  1  or encumbrance. The director of the state child support

  2  enforcement program may place a subsequent lien or encumbrance

  3  against a vessel having a recorded first lien by sending a

  4  written request to the first lienholder by certified mail.

  5  The first lienholder shall forward the certificate to the

  6  Department of Highway Safety and Motor Vehicles for

  7  endorsement, and the department shall return the certificate

  8  to the first lienholder after endorsing the subsequent lien on

  9  the certificate and on the duplicate.

10         (7)(a)  Should any person, firm, or corporation holding

11  such lien, which has been recorded by the Department of

12  Highway Safety and Motor Vehicles, upon payment of such lien

13  and on demand, fail or refuse, within 30 days after such

14  payment and demand, to furnish the debtor or the registered

15  owner of such vessel motorboat a satisfaction of the lien,

16  then, in that event, such person, firm, or corporation shall

17  be held liable for all costs, damages, and expenses, including

18  reasonable attorney's fees, lawfully incurred by the debtor or

19  the registered owner of such vessel motorboat in any suit

20  which may be brought in the courts of this state for the

21  cancellation of such lien.

22         (b)  Following satisfaction of a lien, the lienholder

23  shall enter a satisfaction thereof in the space provided on

24  the face of the certificate of title. If there are no

25  subsequent liens shown thereon, the certificate shall be

26  delivered by the lienholder to the person satisfying the lien

27  or encumbrance and an executed satisfaction on a form provided

28  by the department shall be forwarded to the department by the

29  lienholder within 10 days after satisfaction of the lien.

30         (c)  If the certificate of title shows a subsequent

31  lien not then being discharged, an executed satisfaction of

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  1  the first lien shall be delivered by the lienholder to the

  2  person satisfying the lien and the certificate of title

  3  showing satisfaction of the first lien shall be forwarded by

  4  the lienholder to the department within 10 days after

  5  satisfaction of the lien.

  6         (d)  If, upon receipt of a title certificate showing

  7  satisfaction of the first lien, the department determines from

  8  its records that there are no subsequent liens or encumbrances

  9  upon the vessel, the department shall forward to the owner, as

10  shown on the face of the title, a corrected certificate

11  showing no liens or encumbrances. If there is a subsequent

12  lien not being discharged, the certificate of title shall be

13  reissued showing the second or subsequent lienholder as the

14  first lienholder and shall be delivered to the new first

15  lienholder. The first lienholder shall be entitled to retain

16  the certificate of title until his or her lien is satisfied.

17  Upon satisfaction of the lien, the lienholder shall be subject

18  to the procedures required of a first lienholder in this

19  subsection and in subsection (2).

20         (8)  When the original certificate of title cannot be

21  returned to the department by the lienholder and evidence

22  satisfactory to the department is produced that all liens or

23  encumbrances have been satisfied, upon application by the

24  owner for a duplicate copy of the certificate of title, upon

25  the form prescribed by the department, accompanied by the fee

26  prescribed in this chapter, a duplicate copy of the

27  certificate of title without statement of liens or

28  encumbrances shall be issued by the department and delivered

29  to the owner.

30         (9)  Any person who fails, within 10 days after receipt

31  of a demand by the department by certified mail, to return a

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  1  certificate of title to the department as required by

  2  subsection (2)(c) or who, upon satisfaction of a lien, fails

  3  within 10 days after receipt of such demand to forward the

  4  appropriate document to the department as required by

  5  paragraph (7)(b) or paragraph (7)(c) commits a misdemeanor of

  6  the second degree, punishable as provided in s. 775.082 or s.

  7  775.083.

  8         (10)  The department is not required to retain on file

  9  any bill of sale or duplicate thereof, notice of lien, or

10  satisfaction of lien covering any vessel for a period longer

11  than 7 years after the date of the filing thereof, and

12  thereafter the same may be destroyed.

13         (11)  The department shall use the last known address

14  as shown by its records when sending any notice required by

15  this section.

16         Section 56.  Subsection (3) of section 328.16, Florida

17  Statutes, is amended, and subsection (5) is added to that

18  section, to read:

19         328.16  Issuance in duplicate; delivery; liens and

20  encumbrances.--

21         (3)  Except as provided in s. 328.15(12) s. 328.15(8),

22  the certificate of title shall be retained by the first

23  lienholder.  The first lienholder is entitled to retain the

24  certificate until the first lien is satisfied.

25         (5)  The owner of a vessel, upon which a lien has been

26  filed with the department or noted upon a certificate of title

27  for a period of 5 years, may apply to the department in

28  writing for such lien to be removed from the department files

29  or from the certificate of title. The application must be

30  accompanied by evidence satisfactory to the department that

31  the applicant has notified the lienholder by certified mail,

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  1  not less than 20 days prior to the date of the application, of

  2  his or her intention to apply to the department for removal of

  3  the lien. Ten days after receipt of the application, the

  4  department may remove the lien from its files or from the

  5  certificate of title, as the case may be, if no statement in

  6  writing protesting removal of the lien is received by the

  7  department from the lienholder within the 10-day period.

  8  However, if the lienholder files with the department, within

  9  the 10-day period, a written statement that the lien is still

10  outstanding, the department may not remove the lien until the

11  lienholder presents a satisfaction of lien to the department.

12         Section 57.  Section 328.165, Florida Statutes, is

13  created to read:

14         328.165  Cancellation of certificates.--

15         (1)  If it appears that a certificate of title has been

16  improperly issued, the department shall cancel the

17  certificate. Upon cancellation of any certificate of title,

18  the department shall notify the person to whom the certificate

19  of title was issued, and any lienholders appearing thereon, of

20  the cancellation and shall demand the surrender of the

21  certificate of title; however, the cancellation does not

22  affect the validity of any lien noted thereon. The holder of

23  the certificate of title shall immediately return it to the

24  department. If a certificate of registration has been issued

25  to the holder of a certificate of title so canceled, the

26  department shall immediately cancel the certificate of

27  registration and demand the return of the certificate of

28  registration and the holder of such certificate of

29  registration shall immediately return it to the department.

30         (2)  The department may, upon application by any person

31  and payment of the proper fees, prepare and furnish lists

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  1  containing title information in such form as the department

  2  authorizes, search the records of the department and make

  3  reports thereof, and make photographic copies of the

  4  department records and attestations thereof.

  5         Section 58.  Subsection (7) of section 627.733, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         627.733  Required security.--

  8         (7)(a)  Any operator or owner whose driver's license or

  9  registration has been suspended pursuant to this section or s.

10  316.646 may effect its reinstatement upon compliance with the

11  requirements of this section and upon payment to the

12  Department of Highway Safety and Motor Vehicles of a

13  nonrefundable reinstatement fee of $150 for the first

14  reinstatement.  Such reinstatement fee shall be $250 for the

15  second reinstatement and $500 for each subsequent

16  reinstatement during the 3 years following the first

17  reinstatement. Any person reinstating her or his insurance

18  under this subsection must also secure noncancelable coverage

19  as described in s. 627.7275(2) and present to the appropriate

20  person proof that the coverage is in force on a form

21  promulgated by the Department of Highway Safety and Motor

22  Vehicles, such proof to be maintained for 2 years.  If the

23  person does not have a second reinstatement within 3 years

24  after her or his initial reinstatement, the reinstatement fee

25  shall be $150 for the first reinstatement after that 3-year

26  period. In the event that a person's license and registration

27  are suspended pursuant to this section or s. 316.646, only one

28  reinstatement fee shall be paid to reinstate the license and

29  the registration. All fees shall be collected by the

30  Department of Highway Safety and Motor Vehicles at the time of

31  reinstatement.  The Department of Highway Safety and Motor

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  1  Vehicles shall issue proper receipts for such fees and shall

  2  promptly deposit those fees in the Highway Safety Operating

  3  Trust Fund. One-third of the fee collected under this

  4  subsection shall be distributed from the Highway Safety

  5  Operating Trust Fund to the local government entity or state

  6  agency which employed the law enforcement officer or the

  7  recovery agent who seizes a license plate pursuant to s.

  8  324.201 or to s. 324.202.  Such funds may be used by the local

  9  government entity or state agency for any authorized purpose.

10         (b)  One-third of the fee collected for the seizure of

11  a license plate by a recovery agent shall be paid to the

12  recovery agent, and the balance shall remain in the Highway

13  Safety Operating Trust Fund and be distributed pursuant to s.

14  321.245.

15         Section 59.  Effective July 1, 2000, subsection (7) of

16  section 627.733, Florida Statutes, 1998 Supplement, as amended

17  by section 14 of chapter 98-223, Laws of Florida, is amended

18  to read:

19         627.733  Required security.--

20         (7)(a)  Any operator or owner whose registration has

21  been suspended pursuant to this section or s. 316.646 may

22  effect its reinstatement upon compliance with the requirements

23  of this section and upon payment to the Department of Highway

24  Safety and Motor Vehicles of a nonrefundable reinstatement fee

25  of $150 for the first reinstatement.  Such reinstatement fee

26  shall be $250 for the second reinstatement and $500 for each

27  subsequent reinstatement during the 3 years following the

28  first reinstatement. Any person reinstating her or his

29  insurance under this subsection must also secure noncancelable

30  coverage as described in s. 627.7275(2) and present to the

31  appropriate person proof that the coverage is in force on a

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  1  form promulgated by the Department of Highway Safety and Motor

  2  Vehicles, such proof to be maintained for 2 years.  If the

  3  person does not have a second reinstatement within 3 years

  4  after her or his initial reinstatement, the reinstatement fee

  5  shall be $150 for the first reinstatement after that 3-year

  6  period.  All fees shall be collected by the Department of

  7  Highway Safety and Motor Vehicles at the time of

  8  reinstatement.  The Department of Highway Safety and Motor

  9  Vehicles shall issue proper receipts for such fees and shall

10  promptly deposit those fees in the Highway Safety Operating

11  Trust Fund. One-third of the fee collected under this

12  subsection shall be distributed from the Highway Safety

13  Operating Trust Fund to the local government entity or state

14  agency which employed the law enforcement officer or the

15  recovery agent who seizes a license plate pursuant to s.

16  324.201 or to s. 324.202.  Such funds may be used by the local

17  government entity or state agency for any authorized purpose.

18         (b)  One-third of the fee collected for the seizure of

19  a license plate by a recovery agent shall be paid to the

20  recovery agent, and the balance shall remain in the Highway

21  Safety Operating Trust Fund and be distributed pursuant to s.

22  321.245.

23         Section 60.  The sum of $150,000 is appropriated from

24  the Insurance Commissioner's Regulatory Trust Fund to the

25  Department of Highway Safety Operating Trust Fund for the

26  Fiscal Year 1999-2000.

27         Section 61.  Paragraph (b) of subsection (4) and

28  paragraph (c) of subsection (7) of section 713.78, Florida

29  Statutes, 1998 Supplement, are amended to read:

30         713.78  Liens for recovering, towing, or storing

31  vehicles and undocumented vessels.--

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  1         (4)

  2         (b)  Notice by certified mail, return receipt

  3  requested, shall be sent within 7 business days after the date

  4  of storage of the vehicle or vessel to the registered owner

  5  and to all persons of record claiming a lien against the

  6  vehicle or vessel.  It shall state the fact of possession of

  7  the vehicle or vessel, that a lien as provided in subsection

  8  (2) is claimed, that charges have accrued and the amount

  9  thereof, that the lien is subject to enforcement pursuant to

10  law, and that the owner or lienholder, if any, has the right

11  to a hearing as set forth in subsection (5), and that any

12  vehicle or vessel which remains unclaimed, or for which the

13  charges for recovery, towing, or storage services remain

14  unpaid, may be sold after in 35 days free of all prior liens.

15         (7)

16         (c)  Any law enforcement agency requesting that a motor

17  vehicle be removed from an accident scene, street, or highway

18  must conduct an inventory and prepare a written record of all

19  personal property found in the vehicle before the vehicle is

20  removed by a wrecker operator. However, if the owner or driver

21  of the motor vehicle is present and accompanies the vehicle,

22  no inventory by law enforcement is required. A wrecker

23  operator is not liable for the loss of personal property

24  alleged to be contained in such a vehicle when such personal

25  property was not identified on the inventory record prepared

26  by the law enforcement agency requesting the removal of the

27  vehicle.

28         Section 62.  Subsection (1) of section 732.9215,

29  Florida Statutes, is amended to read:

30         732.9215  Education program relating to anatomical

31  gifts.--The Agency for Health Care Administration, subject to

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  1  the concurrence of the Department of Highway Safety and Motor

  2  Vehicles, shall develop a continuing program to educate and

  3  inform medical professionals, law enforcement agencies and

  4  officers, high school children, state and local government

  5  employees, and the public regarding the laws of this state

  6  relating to anatomical gifts and the need for anatomical

  7  gifts.

  8         (1)  The program is to be implemented with the

  9  assistance of the organ and tissue donor education panel as

10  provided in s. 732.9216 and with the funds collected under ss.

11  320.08047 and 322.08(6)(b) 322.08(7)(b). Existing community

12  resources, when available, must be used to support the

13  program, and volunteers may assist the program to the maximum

14  extent possible. The Agency for Health Care Administration may

15  contract for the provision of all or any portion of the

16  program. When awarding such contract, the agency shall give

17  priority to existing nonprofit groups that are located within

18  the community, including within the minority communities

19  specified in subsection (2).  The program aimed at educating

20  medical professionals may be implemented by contract with one

21  or more medical schools located in the state.

22         Section 63.  Subsection (1) of section 732.9216,

23  Florida Statutes, is amended to read:

24         732.9216  Organ and tissue donor education panel.--

25         (1)  The Legislature recognizes that there exists in

26  the state a shortage of organ and tissue donors to provide the

27  organs and tissue that could save lives or enhance the quality

28  of life for many Floridians.  The Legislature further

29  recognizes the need to encourage the various minority

30  populations of Florida to donate organs and tissue.  It is the

31  intent of the Legislature that the funds collected pursuant to

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  1  ss. 320.08047 and 322.08(6)(b) 322.08(7)(b) be used for

  2  educational purposes aimed at increasing the number of organ

  3  and tissue donors, thus affording more Floridians who are

  4  awaiting organ or tissue transplants the opportunity for a

  5  full and productive life.

  6         Section 64.  Paragraph (a) of subsection (3) of section

  7  812.014, Florida Statutes, is amended, and subsection (5) is

  8  added to that section, to read:

  9         812.014  Theft.--

10         (3)(a)  Theft of any property not specified in

11  subsection (2) is petit theft of the second degree and a

12  misdemeanor of the second degree, punishable as provided in s.

13  775.082 or s. 775.083, and as provided in subsection (5), as

14  applicable.

15         (5)(a)  No person shall drive a motor vehicle so as to

16  cause it to leave the premises of an establishment at which

17  gasoline offered for retail sale was dispensed into the fuel

18  tank of such motor vehicle unless the payment of authorized

19  charge for the gasoline dispensed has been made.

20         (b)  In addition to the penalties prescribed in

21  paragraph (3)(a), every judgment of guilty of a petit theft

22  for property described in this subsection shall provide for

23  the suspension of the convicted person's driver's license. The

24  court shall forward the driver's license to the Department of

25  Highway Safety and Motor Vehicles in accordance with s.

26  322.25.

27         1.  The first suspension of a driver's license under

28  this subsection shall be for a period of up to 6 months.

29         2.  The second or subsequent suspension of a driver's

30  license under this subsection shall be for a period of 1 year.

31

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  1         Section 65.  Subsection (1) of section 832.06, Florida

  2  Statutes, is amended to read:

  3         832.06  Prosecution for worthless checks given tax

  4  collector for licenses or taxes; refunds.--

  5         (1)  Whenever any person, firm, or corporation violates

  6  the provisions of s. 832.05 by drawing, making, uttering,

  7  issuing, or delivering to any county tax collector any check,

  8  draft, or other written order on any bank or depository for

  9  the payment of money or its equivalent for any tag, title,

10  lien, tax (except ad valorem taxes), penalty, or fee relative

11  to a boat, airplane, or motor vehicle, driver license, or

12  identification card; any occupational license, beverage

13  license, or sales or use tax; or any hunting or fishing

14  license, the county tax collector, after the exercise of due

15  diligence to locate the person, firm, or corporation which

16  drew, made, uttered, issued, or delivered the check, draft, or

17  other written order for the payment of money, or to collect

18  the same by the exercise of due diligence and prudence, shall

19  swear out a complaint in the proper court against the person,

20  firm, or corporation for the issuance of the worthless check

21  or draft. If the state attorney cannot sign the information

22  due to lack of proof, as determined by the state attorney in

23  good faith, for a prima facie case in court, he or she shall

24  issue a certificate so stating to the tax collector. If

25  payment of the dishonored check, draft, or other written

26  order, together with court costs expended, is not received in

27  full by the county tax collector within 30 days after service

28  of the warrant, 30 days after conviction, or 60 days after the

29  collector swears out the complaint or receives the certificate

30  of the state attorney, whichever is first, the county tax

31  collector shall make a written report to this effect to the

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  1  Department of Highway Safety and Motor Vehicles relative to

  2  airplanes and motor vehicles and vessels, to the Department of

  3  Environmental Protection relative to boats, to the Department

  4  of Revenue relative to occupational licenses and the sales and

  5  use tax, to the Division of Alcoholic Beverages and Tobacco of

  6  the Department of Business and Professional Regulation

  7  relative to beverage licenses, or to the Game and Fresh Water

  8  Fish Commission relative to hunting and fishing licenses,

  9  containing a statement of the amount remaining unpaid on the

10  worthless check or draft. If the information is not signed,

11  the certificate of the state attorney is issued, and the

12  written report of the amount remaining unpaid is made, the

13  county tax collector may request the sum be forthwith refunded

14  by the appropriate governmental entity, agency, or department.

15  If a warrant has been issued and served, he or she shall

16  certify to that effect, together with the court costs and

17  amount remaining unpaid on the check. The county tax collector

18  may request that the sum of money certified by him or her be

19  forthwith refunded by the Department of Highway Safety and

20  Motor Vehicles, the Department of Environmental Protection,

21  the Department of Revenue, the Division of Alcoholic Beverages

22  and Tobacco of the Department of Business and Professional

23  Regulation, or the Game and Fresh Water Fish Commission to the

24  county tax collector. Within 30 days after receipt of the

25  request, the Department of Highway Safety and Motor Vehicles,

26  the Department of Environmental Protection, the Department of

27  Revenue, the Division of Alcoholic Beverages and Tobacco of

28  the Department of Business and Professional Regulation, or the

29  Game and Fresh Water Fish Commission, upon being satisfied as

30  to the correctness of the certificate of the tax collector, or

31  the report, shall refund to the county tax collector the sums

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  1  of money so certified or reported. If any officer of any court

  2  issuing the warrant is unable to serve it within 60 days after

  3  the issuance and delivery of it to the officer for service,

  4  the officer shall make a written return to the county tax

  5  collector to this effect. Thereafter, the county tax collector

  6  may certify that the warrant has been issued and that service

  7  has not been had upon the defendant and further certify the

  8  amount of the worthless check or draft and the amount of court

  9  costs expended by the county tax collector, and the county tax

10  collector may file the certificate with the Department of

11  Highway Safety and Motor Vehicles relative to motor vehicles

12  and vessels airplanes, with the Department of Environmental

13  Protection relative to boats, with the Department of Revenue

14  relative to occupational licenses and the sales and use tax,

15  with the Division of Alcoholic Beverages and Tobacco of the

16  Department of Business and Professional Regulation relative to

17  beverage licenses, or with the Game and Fresh Water Fish

18  Commission relative to hunting and fishing licenses, together

19  with a request that the sums of money so certified be

20  forthwith refunded by the Department of Highway Safety and

21  Motor Vehicles, the Department of Environmental Protection,

22  the Department of Revenue, the Division of Alcoholic Beverages

23  and Tobacco of the Department of Business and Professional

24  Regulation, or the Game and Fresh Water Fish Commission to the

25  county tax collector, and within 30 days after receipt of the

26  request, the Department of Highway Safety and Motor Vehicles,

27  the Department of Environmental Protection, the Department of

28  Revenue, the Division of Alcoholic Beverages and Tobacco of

29  the Department of Business and Professional Regulation, or the

30  Game and Fresh Water Fish Commission, upon being satisfied as

31

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  1  to the correctness of the certificate, shall refund the sums

  2  of money so certified to the county tax collector.

  3         Section 66.  Paragraph (a) of subsection (2) of section

  4  932.701, Florida Statutes, is amended to read:

  5         932.701  Short title; definitions.--

  6         (2)  As used in the Florida Contraband Forfeiture Act:

  7         (a)  "Contraband article" means:

  8         1.  Any controlled substance as defined in chapter 893

  9  or any substance, device, paraphernalia, or currency or other

10  means of exchange that was used, was attempted to be used, or

11  was intended to be used in violation of any provision of

12  chapter 893, if the totality of the facts presented by the

13  state is clearly sufficient to meet the state's burden of

14  establishing probable cause to believe that a nexus exists

15  between the article seized and the narcotics activity, whether

16  or not the use of the contraband article can be traced to a

17  specific narcotics transaction.

18         2.  Any gambling paraphernalia, lottery tickets, money,

19  currency, or other means of exchange which was used, was

20  attempted, or intended to be used in violation of the gambling

21  laws of the state.

22         3.  Any equipment, liquid or solid, which was being

23  used, is being used, was attempted to be used, or intended to

24  be used in violation of the beverage or tobacco laws of the

25  state.

26         4.  Any motor fuel upon which the motor fuel tax has

27  not been paid as required by law.

28         5.  Any personal property, including, but not limited

29  to, any vessel, aircraft, item, object, tool, substance,

30  device, weapon, machine, vehicle of any kind, money,

31  securities, books, records, research, negotiable instruments,

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  1  or currency, which was used or was attempted to be used as an

  2  instrumentality in the commission of, or in aiding or abetting

  3  in the commission of, any felony, whether or not comprising an

  4  element of the felony, or which is acquired by proceeds

  5  obtained as a result of a violation of the Florida Contraband

  6  Forfeiture Act.

  7         6.  Any real property, including any right, title,

  8  leasehold, or other interest in the whole of any lot or tract

  9  of land, which was used, is being used, or was attempted to be

10  used as an instrumentality in the commission of, or in aiding

11  or abetting in the commission of, any felony, or which is

12  acquired by proceeds obtained as a result of a violation of

13  the Florida Contraband Forfeiture Act.

14         7.  Any personal property, including, but not limited

15  to, equipment, money, securities, books, records, research,

16  negotiable instruments, currency, or any vessel, aircraft,

17  item, object, tool, substance, device, weapon, machine, or

18  vehicle of any kind in the possession of or belonging to any

19  person who takes aquaculture products in violation of s.

20  812.014(2)(c).

21         8.  Any motor vehicle offered for sale in violation of

22  s. 320.28.

23         Section 67.  For the purpose of incorporating the

24  amendment to section 932.701(2)(a), Florida Statutes, in

25  references thereto, subsection (6) of section 705.101, Florida

26  Statutes, and subsection (4) of section 932.703, Florida

27  Statutes, is reenacted to read:

28         705.101  Definitions.--As used in this chapter:

29         (6)  "Unclaimed evidence" means any tangible personal

30  property, including cash, not included within the definition

31  of "contraband article," as provided in s. 932.701(2), which

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  1  was seized by a law enforcement agency, was intended for use

  2  in a criminal or quasi-criminal proceeding, and is retained by

  3  the law enforcement agency or the clerk of the county or

  4  circuit court for 60 days after the final disposition of the

  5  proceeding and to which no claim of ownership has been made.

  6         932.703  Forfeiture of contraband article;

  7  exceptions.--

  8         (4)  In any incident in which possession of any

  9  contraband article defined in s. 932.701(2)(a) constitutes a

10  felony, the vessel, motor vehicle, aircraft, other personal

11  property, or real property in or on which such contraband

12  article is located at the time of seizure shall be contraband

13  subject to forfeiture.  It shall be presumed in the manner

14  provided in s. 90.302(2) that the vessel, motor vehicle,

15  aircraft, other personal property, or real property in which

16  or on which such contraband article is located at the time of

17  seizure is being used or was attempted or intended to be used

18  in a manner to facilitate the transportation, carriage,

19  conveyance, concealment, receipt, possession, purchase, sale,

20  barter, exchange, or giving away of a contraband article

21  defined in s. 932.701(2).

22         Section 68.  Section 14 of chapter 98-223, Laws of

23  Florida, is repealed.

24         Section 69.  This act shall take effect upon becoming a

25  law.

26

27

28

29

30

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 1270

  3

  4  Provides that upon the implementation of the vehicle
    information system overall reorganization to the Oracle
  5  database of driver licenses, the DHSMV shall implement a
    program using recovery agents for the seizure of license
  6  plates in counties where a majority of the governing body of
    the county has requested the program.
  7
    Provides for the continuation of the pilot project using
  8  recovery agents for the seizure of license plates until the
    reorganization to the Oracle database is completed.
  9
    Provides an appropriation of $150,000 from the Insurance
10  Commissioner's Regulatory Trust fund to the Department of
    Highway Safety Operating Trust Fund for Fiscal Year 1999-2000.
11
    Expands the time from 5 days to 10 days the Clerk of the Court
12  has to report to the DHSMV a failure to comply with civil
    penalties.
13
    Extends the time frame from December 1, 1999 to December 1,
14  2001, for the Clerks of the Court to provide traffic
    information electronically to the DHSMV.
15
    Expands the time from 5 days to 10 days the Clerk of the Court
16  has to report to the DHSMV a failure of a person to pay child
    support.
17
    Provides that beginning in FY 2000-01, funds will be
18  distributed to local school districts for driver's education
    programs.
19
    Authorizes the Department of Veterans' Affairs to redesign the
20  veterans' license plate and adds promotion and marketing as
    allowable expenses.
21
    Authorizes the sale of a trade-in vehicle prior to the
22  delivery of the replacement vehicle if the owner gives written
    authorization of  the sale.
23
    Conforms state requirements for antique vessel registration to
24  federal requirements.

25  Adds illegally sold recreational vehicles to the definition of
    "contraband article".
26

27

28

29

30

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