Senate Bill 1270e2

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  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         234.021, F.S.; revising hazardous walking

  7         conditions for students; amending s. 316.063,

  8         F.S.; revising provisions to refer to a

  9         "traffic crash" rather than an "accident";

10         providing a noncriminal traffic infraction for

11         obstructing traffic under certain

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

13         restricting the issuance of disabled parking

14         citations under certain circumstances; amending

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

16         respect to unattended motor vehicles; amending

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

18         certain federal safety standards with respect

19         to equipment for motorcycle and moped riders;

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

21         a noncriminal traffic infraction punishable as

22         a moving violation to violate load limits on

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

24         authorizing the Florida Highway Patrol to

25         employ certain persons as traffic accident

26         investigation officers; providing for certain

27         powers and duties; providing for the employment

28         of parking enforcement specialists by airport

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

30         conforming cross-references to changes made by

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


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  1         reference to the tax collector with respect to

  2         the collection of certain service fees for

  3         reinstatement of a suspended driver's license;

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

  5         immunity for civil traffic infraction hearing

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

  7         reference to short-term and long-term lease

  8         vehicles; providing definitions; providing

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

10         application requirements for a certificate of

11         title; deleting references to collectible

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

13         provisions with respect to dismantling,

14         destroying, or changing the identity of a motor

15         vehicle or mobile home; amending s. 320.01,

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

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

18         320.023, F.S.; revising audit requirements with

19         respect to voluntary contributions on the

20         application form for a motor vehicle

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

22         revising the distribution formula with respect

23         to a fee charged for the Florida Real Time

24         Vehicle Information System; amending s. 320.04,

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

26         decals issued from an automated vending

27         facility or printer dispenser machine; amending

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

29         respect to registration periods; amending s.

30         320.06, F.S.; authorizing the department to

31         issue manufacturer license plates; repealing s.


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  1         320.065, F.S., relating to the registration of

  2         certain rental trailers for hire and

  3         semitrailers used to haul agricultural

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

  5         provisions with respect to fleet license

  6         plates; providing fees; amending s. 320.08,

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

  8         references to certain collectible vehicles;

  9         providing a fee for manufacturer license

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

11         the license plate annual use fee for the

12         Challenger license plate; repealing s.

13         320.08058(2)(f), F.S., which provides for the

14         repeal of the Challenger license plate;

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

16         provisions relating to the design of the

17         Florida Salutes Veterans license plate;

18         authorizing the Department of Veterans' Affairs

19         to use moneys from the license plate fee to

20         promote and market the plate; amending s.

21         320.084, F.S.; deleting obsolete provisions;

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

23         governing the issuance of license plates for

24         certain historical motor vehicles; reenacting

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

26         imposed on motor vehicle registrations, to

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

28         in references thereto; amending s. 320.13,

29         F.S.; providing an alternative method of

30         registration for manufacturer license plates;

31         prohibiting the use of dealer license plates


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  1         for specified purposes; amending s. 320.131,

  2         F.S.; authorizing agents or Florida licensed

  3         dealers to issue temporary license tags when

  4         such tags are not specifically authorized;

  5         providing penalties with respect to certain

  6         violations concerning temporary tags; amending

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

  8         respect to registration for the temporarily

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

10         provisions governing the denial, suspension, or

11         revocation of motor vehicle dealer licenses;

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

13         forfeiture of a motor vehicle; providing for

14         confiscation and sale of such vehicles;

15         repealing s. 320.8249(11), F.S., which provides

16         for an exemption from installer licensing;

17         amending s. 320.8325, F.S.; providing for

18         uniform standards; amending s. 321.06, F.S.;

19         authorizing the department to employ certain

20         traffic accident investigation officers;

21         amending s. 322.08, F.S.; deleting provisions

22         with respect to certain applications made by

23         persons who hold an out-of-state driver

24         license; amending s. 322.081, F.S.; revising

25         audit requirements with respect to voluntary

26         contributions on the driver's license

27         application; amending s. 322.1615, F.S.;

28         revising provisions with respect to a learner's

29         driver's license; amending s. 322.2615, F.S.;

30         revising provisions with respect to suspension

31         of a license; amending s. 322.28, F.S.;


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  1         revising requirements for the period of

  2         suspension or revocation of a driver's license;

  3         amending s. 322.34, F.S.; conforming a

  4         cross-reference to changes made by the act;

  5         amending s. 325.2135, F.S.; directing the

  6         Department of Highway Safety and Motor Vehicles

  7         to enter into a contract for a motor vehicle

  8         inspection program; amending s. 325.214, F.S.;

  9         changing the motor vehicle inspection fee;

10         amending s. 327.031, F.S.; providing for the

11         denial or cancellation of a vessel registration

12         when payment for registration is made by a

13         dishonored check; amending s. 327.11, F.S.;

14         providing for a replacement vessel

15         registration; amending s. 327.23, F.S.;

16         providing for a temporary certificate of

17         registration for a vessel by certain

18         out-of-state residents; amending s. 327.25,

19         F.S.; revising provisions with respect to

20         transfer of ownership and registration of

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

22         for the duties of tax collectors with respect

23         to vessel registration; providing fees;

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

25         for advanced vessel registration renewal;

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

27         with respect to application for a certificate

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

29         F.S.; increasing the time period for

30         application for a reissuance of a certificate

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


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  1         requirements with respect to certain second

  2         liens on vessels; increasing the fee for

  3         recording a notice of lien; providing

  4         requirements with respect to satisfaction of a

  5         lien on a vessel; providing penalties for

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

  7         providing requirements with respect to liens;

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

  9         cancellation of certificates; amending s.

10         713.78, F.S.; revising requirements relating to

11         liens for recovering, towing, or storing

12         vehicles and undocumented vessels; providing an

13         exemption from the requirement of an inventory

14         of personal property found in a motor vehicle

15         to be removed from the scene of an accident

16         under certain circumstances; amending ss.

17         732.9215, 732.9216, F.S.; conforming

18         cross-references to changes made by the act;

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

20         prohibition on a theft of gasoline while in a

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

22         revising provisions with respect to prosecution

23         for worthless checks given to the tax collector

24         for certain licenses or taxes; amending s.

25         932.701, F.S.; redefining the term "contraband

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

27         932.704(4), F.S., relating to forfeiture of

28         contraband article, to incorporate said

29         amendment in references; amending s. 324.201,

30         F.S.; deleting the requirement that recovery

31         agents notify law enforcement of a license


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

  2         expanding into additional counties a pilot

  3         project that authorizes a recovery agent or

  4         recovery agency to seize the license plate of a

  5         motor vehicle following suspension of the

  6         vehicle's registration or suspension of the

  7         driver's license of the owner or operator of

  8         the vehicle for failing to maintain personal

  9         injury protection; requiring that the

10         department provide procedures for paying fees;

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

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

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

14         transmission of certain data must be commenced;

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

16         within which the failure of a person to pay

17         child support must be reported; repealing s. 14

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

19         required security for the operation of a motor

20         vehicle; providing an effective date.

21

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

23

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

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

26  to read:

27         233.063  Instruction in operation of motor vehicles.--

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

29  equivalent students at the appropriate basic program cost

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

31  offered.


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

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

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

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

  5  remitted to the Department of Highway Safety and Motor

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

  7  Educational Aids Trust Fund within the Department of Education

  8  for distribution to school districts for driver education

  9  programs Treasurer to be deposited in the General Revenue

10  Fund.

11         Section 2.  Paragraph (c) is added to subsection (3) of

12  section 234.021, Florida Statutes, to read:

13         234.021  Hazardous walking conditions.--

14         (3)  CRITERIA FOR DETERMINING HAZARDOUS WALKING

15  CONDITIONS.--

16         (c)  Walking on an overpass which crosses over an

17  interstate highway.--It shall be considered hazardous walking

18  conditions with respect to any vehicle overpass which crosses

19  over an interstate highway which students must walk in order

20  to travel to and from school.

21         1.  This provision shall apply regardless of the

22  existence of a walkway, unless a concrete barrier separates

23  the walkway from parallel traffic; and

24         2.  Students do not have to cross at an interstate on

25  or off-ramp.

26         Section 3.  Section 316.063, Florida Statutes, is

27  amended to read:

28         316.063  Duty upon damaging unattended vehicle or other

29  property.--

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

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


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

  2  other vehicle or property, shall immediately stop and shall

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

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

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

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

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

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

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

10  unnecessary delay notify the nearest office of a duly

11  authorized police authority.  Every such stop shall be made

12  without obstructing traffic more than is necessary. If a

13  damaged vehicle is obstructing traffic, the driver shall make

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

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

16  who fails to comply with this subsection commits a misdemeanor

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

18  s. 775.083.

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

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

21  obstructing traffic, the driver shall make every reasonable

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

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

24  subsection is a noncriminal traffic infraction, punishable as

25  a nonmoving violation as provided in chapter 318.

26         (3)(2)  The law enforcement officer at the scene of a

27  crash an accident required to be reported in accordance with

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

29  officer receiving a report by a driver as required by

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

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


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  1  livestock, promptly make a reasonable effort to notify the

  2  owner, occupant, or agent of this damage.

  3         Section 4.  Section 316.1958, Florida Statutes, 1998

  4  Supplement, is amended to read:

  5         316.1958  Out-of-state vehicles bearing identification

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

  7  displaying a special license plate or parking permit issued to

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

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

10  country that issues disabled parking permits that display the

11  international symbol of accessibility are recognized as

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

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

14  other state or district grants reciprocal recognition for

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

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

17  license or a Florida vehicle registration, a special motor

18  vehicle license plate or parking permit issued by another

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

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

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

22  individual whose vehicle does not display a valid plate or

23  permit. A law enforcement officer or parking enforcement

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

25  316.1955 without first determining whether the vehicle is

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

27  the out-of-state placard.

28         Section 5.  Section 316.1975, Florida Statutes, is

29  amended to read:

30         316.1975  Unattended motor vehicle.--

31


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

  2  vehicle may not except a licensed delivery truck or other

  3  delivery vehicle while making deliveries, shall permit it to

  4  stand unattended without first stopping the engine, locking

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

  6  shall be permitted to stand unattended upon any perceptible

  7  grade without stopping the engine and effectively setting the

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

  9  of the street.

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

11         (a)  An authorized emergency vehicle while in the

12  performance of official duties and the vehicle is equipped

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

14  from being driven; or

15         (b)  A licensed delivery truck or other delivery

16  vehicle while making deliveries.

17         Section 6.  Section 316.211, Florida Statutes, is

18  amended to read:

19         316.211  Equipment for motorcycle and moped riders.--

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

21  motorcycle unless the person is properly wearing protective

22  headgear securely fastened upon his or her head which complies

23  with Federal Motorcycle Vehicle Safety Standard 218

24  promulgated by the United States Department of Transportation.

25  The Department of Highway Safety and Motor Vehicles shall

26  adopt rules to adopt this standard standards established by

27  the department.

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

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

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

31


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

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

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

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

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

  6  not capable of propelling such motorcycle at a speed greater

  7  than 30 miles per hour on level ground.

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

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

10  wearing protective headgear securely fastened upon his or her

11  head which complies with Federal Motorcycle Vehicle Safety

12  Standard 218 promulgated by the United States Department of

13  Transportation. The Department of Highway Safety and Motor

14  Vehicles shall adopt rules to enforce this standard standards

15  established by the department.

16         (5)  The department is authorized to approve protective

17  headgear made to specifications drawn and devised by, or

18  approved by, the American National Standards Institute, the

19  United States Department of Transportation, the United States

20  Consumer Products Safety Commission, the United States

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

22  equally effective equipment specifications.  The department

23  shall publish lists of protective equipment, and such lists

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

25  equipment.

26         Section 7.  Section 316.520, Florida Statutes, is

27  amended to read:

28         316.520  Loads on vehicles.--

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

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

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


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

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

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

  4  or maintaining the roadway.

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

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

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

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

  9  similar material that which could fall or blow from such

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

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

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

13  cover is required.

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

15  traffic infraction, punishable as a moving violation as

16  provided in chapter 318.

17         Section 8.  Paragraph (a) of subsection (1) of section

18  316.640, Florida Statutes, is amended to read:

19         316.640  Enforcement.--The enforcement of the traffic

20  laws of this state is vested as follows:

21         (1)  STATE.--

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

23  Department of Highway Safety and Motor Vehicles, the Division

24  of Law Enforcement of the Game and Fresh Water Fish

25  Commission, the Division of Law Enforcement of the Department

26  of Environmental Protection, and law enforcement officers of

27  the Department of Transportation each have authority to

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

29  streets and highways thereof and elsewhere throughout the

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

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


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  1  as a traffic accident investigation officer any individual who

  2  successfully completes at least 200 hours of instruction in

  3  traffic accident investigation and court presentation through

  4  the Selective Traffic Enforcement Program as approved by the

  5  Criminal Justice Standards and Training Commission and funded

  6  through the National Highway Traffic Safety Administration or

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

  8  necessarily meet the uniform minimum standards established by

  9  the commission for law enforcement officers or auxiliary law

10  enforcement officers under chapter 943. Any such traffic

11  accident investigation officer who makes an investigation at

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

13  based upon personal investigation, when he or she has

14  reasonable and probable grounds to believe that a person who

15  was involved in the accident committed an offense under this

16  chapter, chapter 319, chapter 320, or chapter 322 in

17  connection with the accident. This paragraph does not permit

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

19  officers have arrest authority other than for the issuance of

20  a traffic citation as authorized in this paragraph.

21         b.  University police officers shall have authority to

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

23  violations occur on or about any property or facilities that

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

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

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

27         c.  Community college police officers shall have the

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

29  when such violations occur on any property or facilities that

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

31  the community college system.


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  1         d.  Police officers employed by an airport authority

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

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

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

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

  6  enforcement specialist any individual who successfully

  7  completes a training program established and approved by the

  8  Criminal Justice Standards and Training Commission for parking

  9  enforcement specialists but who does not otherwise meet the

10  uniform minimum standards established by the commission for

11  law enforcement officers or auxiliary or part-time officers

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

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

14  nor shall such parking enforcement specialist have arrest

15  authority.

16         (II)  A parking enforcement specialist employed by an

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

18  and municipal laws and ordinances governing parking only when

19  such violations are on property or facilities owned or

20  operated by the airport authority employing the specialist, by

21  appropriate state, county, or municipal traffic citation.

22         e.  The Office of Agricultural Law Enforcement of the

23  Department of Agriculture and Consumer Services shall have the

24  authority to enforce traffic laws of this state only as

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

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

27  Agricultural Law Enforcement at its agricultural inspection

28  stations to issue any traffic tickets except those traffic

29  tickets for vehicles illegally passing the inspection station.

30         f.  School safety officers shall have the authority to

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


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  1  violations occur on or about any property or facilities which

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

  3  the district school board.

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

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

  6  violation of this subparagraph is not subject to the penalties

  7  provided in chapter 318.

  8         3.  Any disciplinary action taken or performance

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

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

11  enforcement activity must be in accordance with written

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

13  the agency and any collective bargaining unit representing

14  such law enforcement officer. A violation of this subparagraph

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

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

17  318.14, Florida Statutes, are amended to read:

18         318.14  Noncriminal traffic infractions; exception;

19  procedures.--

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

21  320.07(3)(b), any person cited for a violation of s. 240.265,

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

23  322.15(1), s. 322.16(2) or (3), s. 322.161(4), or s. 322.19 is

24  charged with a noncriminal infraction and must be cited for

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

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

27  the person cited may be required to perform 120 community

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

29  penalties.

30         (4)  Any person charged with a noncriminal infraction

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


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

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

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

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

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

  6  the issue of commission of the infraction.  Such admission

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

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

  9  322.15(1), or subject to a penalty under s. 320.07(3)(a) or

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

11  subsection shall submit proof of compliance with the

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

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

14  driver's license or a valid registration certificate.

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

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

17  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or

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

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

20  driver improvement course approved by the Department of

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

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

23  322.27, may not be assessed; and the civil penalty that is

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

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

26  subsection if the person has made an election under this

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

28  more than five elections under this subsection. The

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

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

31  adjudication of guilt by a court.


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  1         Section 10.  Paragraph (a) of subsection (1) and

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

  3  amended to read:

  4         318.15  Failure to comply with civil penalty or to

  5  appear; penalty.--

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

  7  penalties provided in s. 318.18 within the time period

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

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

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

11  the Department of Highway Safety and Motor Vehicles of such

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

13  such notice, the department shall immediately issue an order

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

15  person effective 20 days after the date the order of

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

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

18  has not been reinstated, including a similar suspension

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

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

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

22  years from the date it is imposed.

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

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

25  license and privilege may not be reinstated until the person

26  complies with all obligations and penalties imposed on him or

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

28  certificate of compliance issued by the court, together with

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

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

31  court or tax collector clearing such suspension.  Such person


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  1  shall also be in compliance with requirements of chapter 322

  2  prior to reinstatement.

  3         Section 11.  Paragraph (a) of subsection (8) of section

  4  318.18, Florida Statutes, 1998 Supplement, is amended to read:

  5         318.18  Amount of civil penalties.--The penalties

  6  required for a noncriminal disposition pursuant to s. 318.14

  7  are as follows:

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

  9  requirements or who fails to pay the civil penalties specified

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

11  318.14 must pay an additional civil penalty of $12, $2.50 of

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

13  $9.50 of which must be deposited in the Highway Safety

14  Operating Trust Fund. There is hereby appropriated from the

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

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

17  department shall contract with the Florida Association of

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

19  and maintain an automated statewide Uniform Civil Court and

20  Traffic Citation Accounting System to be operated by the

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

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

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

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

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

26  the clerks of the court must provide the information required

27  by this chapter to be transmitted to the department by

28  electronic transmission pursuant to the contract.

29         Section 12.  Section 318.36, Florida Statutes, is

30  amended to read:

31


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  1         318.36  Code of ethics.--Hearing officers shall be

  2  subject to The Florida Bar Code of Professional Responsibility

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

  4  avoid practices or occupations that would constitute a

  5  conflict of interest or give the appearance of impropriety.

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

  7  be prohibited from representing clients or practicing before

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

  9  representing any client appealing the decision of any other

10  hearing officer. A civil traffic infractions hearing officer

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

12  same manner and to the same extent as judges.

13         Section 13.  Subsections (1), (2), and (3) of section

14  319.14, Florida Statutes, are amended to read:

15         319.14  Sale of motor vehicles registered or used as

16  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

17  and nonconforming vehicles.--

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

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

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

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

22  29, 1990, or a vehicle that which has been repurchased by a

23  manufacturer pursuant to a settlement, determination, or

24  decision under chapter 681, until the department has stamped

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

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

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

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

29  nonconforming vehicle. If the certificate of title or

30  duplicate was not so stamped upon initial issuance thereof or

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


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  1  the vehicle is changed to a use requiring the notation

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

  3  vehicle shall surrender the certificate of title or duplicate

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

  5  the department shall stamp the certificate or duplicate as

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

  7  manufacturer pursuant to a settlement, determination, or

  8  decision under chapter 681, the title shall be stamped

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

10  nonconforming vehicle.

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

12  exchange a rebuilt vehicle until the department has stamped in

13  a conspicuous place on the certificate of title for the

14  vehicle words stating that the vehicle has been rebuilt,

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

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

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

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

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

20  with this chapter and the department has conducted the

21  physical examination of the vehicle to assure the identity of

22  the vehicle.

23         (c)  As used in this section:

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

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

26  law enforcement.

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

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

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

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

31  than 12 months.


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

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

  3  person for a period of 12 months or longer.

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

  5  vehicles and long-term-lease vehicles.

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

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

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

  9  mobile home assembled from parts of motor vehicles or mobile

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

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

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

13  319.30.

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

15  vehicles neither of which has been titled and branded as

16  "Salvage Unrebuildable."

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

18  kit supplied by a manufacturer to rebuild a wrecked or

19  outdated motor vehicle with a new body kit.

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

21  supplied by a manufacturer to rebuild a wrecked or outdated

22  truck or truck tractor.

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

24  manufactured to look like an old vehicle.

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

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

27  319.30(3)(a) resulting from damage caused by water.

28         10.  "Nonconforming vehicle" means a motor vehicle

29  which has been purchased by a manufacturer pursuant to a

30  settlement, determination, or decision under chapter 681.

31


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  1         11.  "Settlement" means an agreement entered into

  2  between a manufacturer and a consumer that occurs after a

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

  4  settlement procedure established by a manufacturer or is

  5  approved for arbitration before the New Motor Vehicle

  6  Arbitration Board as defined in s. 681.102.

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

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

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

10  disclosing in writing to the purchaser, customer, or

11  transferee the fact that the vehicle has previously been

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

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

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

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

16  vehicle, as the case may be.

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

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

19  or intentionally advertises, publishes, disseminates,

20  circulates, or places before the public in any communications

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

22  exchange the vehicle shall clearly and precisely state in each

23  such offer that the vehicle has previously been titled,

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

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

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

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

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

29  person who violates this subsection is guilty of a misdemeanor

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

31  s. 775.083.


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  1         Section 14.  Subsections (3) and (8) of section 319.23,

  2  Florida Statutes, are amended to read:

  3         319.23  Application for, and issuance of, certificate

  4  of title.--

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

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

  7  application, unless otherwise provided for in this chapter,

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

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

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

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

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

13  state.  The application shall also be accompanied by:

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

15  verifying that the vehicle identification number shown on the

16  affidavit is identical to the vehicle identification number

17  shown on the motor vehicle; or

18         2.  An appropriate departmental form evidencing that a

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

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

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

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

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

24  this state and that the vehicle identification number shown on

25  such form is identical to the vehicle identification number

26  shown on the motor vehicle; and

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

28  affidavit from the owner verifying that the odometer reading

29  shown on the affidavit is identical to the odometer reading

30  shown on the motor vehicle in accordance with the requirements

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


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

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

  3  this state for the first time.

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

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

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

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

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

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

10  vehicle description to include the vehicle identification or

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

12  of the seller and purchaser.

13

14  Verification of the vehicle identification number is shall not

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

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

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

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

19  fifth-wheel recreation trailer.

20         (8)  The title certificate or application for title

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

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

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

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

25  card number, or federal employer identification number, and

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

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

28  operated upon the public highways of this state.

29         Section 15.  Subsections (4) and (5) and paragraph (c)

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

31


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

  2  section, to read:

  3         319.30  Definitions; dismantling, destruction, change

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

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

  6  her possession any motor vehicle or mobile home when the

  7  manufacturer's identification number plate or serial plate has

  8  been removed therefrom. However, nothing in this subsection

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

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

11  state requiring such vehicle's identification number plate to

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

13  an affidavit from the seller describing the vehicle by

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

15  vehicle's identification number plate was surrendered. Any

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

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

18  775.083, or s. 775.084.

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

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

21  away any certificate of title or manufacturer's identification

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

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

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

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

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

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

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

29  away such certificate of title or manufacturer's

30  identification number plate or serial plate is guilty of a

31


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

  2  775.082, s. 775.083, or s. 775.084.

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

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

  5  away any manufacturer's identification number plate or serial

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

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

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

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

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

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

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

13  identification number plate or serial plate is guilty of a

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

15  775.082, s. 775.083, or s. 775.084.

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

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

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

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

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

21  requires replacement of a vehicle part that contains the

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

23  identification number plate that is assigned to the vehicle

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

25  manufacturer's identification number plate that was removed

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

27  was removed from the vehicle being repaired.

28         (8)

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

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

31  right of inspection as law enforcement officers as provided in


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

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

  3  775.082, s. 775.083, or s. 775.084.

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

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

  6  775.082, s. 775.083, or s. 775.084.

  7         Section 16.  Subsection (42) is added to section

  8  320.01, Florida Statutes, to read:

  9         320.01  Definitions, general.--As used in the Florida

10  Statutes, except as otherwise provided, the term:

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

12  "agricultural products" means any food product; any

13  agricultural, horticultural, or livestock product; any raw

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

15  used to produce food and fiber.

16         Section 17.  Subsections (5) and (6) of section

17  320.023, Florida Statutes, 1998 Supplement, are amended to

18  read:

19         320.023  Requests to establish voluntary checkoff on

20  motor vehicle registration application.--

21         (5)  A voluntary contribution collected and distributed

22  under this chapter, or any interest earned from those

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

24  activities nor for general or administrative expenses, except

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

26  report required by law.

27         (a)  All organizations that receive annual use fee

28  proceeds from the department are responsible for ensuring that

29  proceeds are used in accordance with law.

30         (b)  All organizational recipients of any voluntary

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


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

  2  submit an annual audit of the expenditures of these

  3  contributions and interest earned from these contributions, to

  4  determine if expenditures are being made in accordance with

  5  the specifications outlined by law. The audit shall be

  6  prepared by a certified public accountant licensed under

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

  8  notes to the financial statements should state whether

  9  expenditures were made in accordance with law. Such audits

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

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

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

13  receiving less than $15,000 in voluntary contributions

14  directly from the department may annually report, under

15  penalties of perjury, that such proceeds were used in

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

17  a form and format determined by the department.

18         (d)  Any voluntary contributions authorized by law

19  shall only be distributed to an organization under an

20  appropriation by the Legislature.

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

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

23  organization's fiscal year.

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

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

26  determine which recipients have not complied with subsection

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

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

29  with law, the department must discontinue the distribution of

30  the revenues to the organization until the department

31  determines that the organization has complied. If an


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  1  organization fails to comply within 12 months after the

  2  voluntary contributions are withheld by the department, the

  3  proceeds shall be deposited into the Highway Safety Operating

  4  Trust Fund to offset department costs.

  5         Section 18.  Subsection (5) of section 320.03, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         320.03  Registration; duties of tax collectors;

  8  International Registration Plan.--

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

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

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

12  Vehicle Information System.  The fees collected hereunder

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

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

15  the Florida Real Time Vehicle Information System that system

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

17  department and 25 cents into the Highway Safety Operating

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

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

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

21  Vehicle Information System equipment, software, and networks

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

23  the department and the ancillary technology necessary to

24  integrate the Florida Real Time Vehicle Information System

25  with other tax collection systems. The department shall

26  administer this program upon consultation with the Florida Tax

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

28  office will be technologically equipped and functional for the

29  operation of the Florida Real Time Vehicle Information System.

30  Any of the designated revenue collected to support functions

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


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

  2  following year.

  3         Section 19.  Paragraph (a) of subsection (1) of section

  4  320.04, Florida Statutes, 1998 Supplement, is amended to read:

  5         320.04  Registration service charge.--

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

  7  each application which is handled in connection with original

  8  issuance, duplicate issuance, or transfer of any license

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

10  transfer or duplicate issuance of any registration

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

12  for the issuance of each license plate validation sticker,

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

14  vending facility or printer dispenser machine which shall be

15  payable to and retained by the department to provide for

16  automated vending facilities or printer dispenser machines

17  used to dispense such stickers and decals by each tax

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

19         Section 20.  Subsections (2) and (7) of section

20  320.055, Florida Statutes, are amended to read:

21         320.055  Registration periods; renewal periods.--The

22  following registration periods and renewal periods are

23  established:

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

25  320.08(11), the registration period begins January 1 and ends

26  December 31.  For a vehicle subject to this registration

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

28  expiration beginning January 1.

29         (7)  For those vehicles subject to registration under

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

31  distributes the registration renewal process throughout the


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

  2  the registration period begins December 1 and ends November

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

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

  5         Section 21.  Paragraph (a) of subsection (3) and

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

  7  Statutes, are amended to read:

  8         320.06  Registration certificates, license plates, and

  9  validation stickers generally.--

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

11  specially treated with a retroreflective material, as

12  specified by the department. The registration license plate is

13  designed to increase nighttime visibility and legibility and

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

15  length, unless a plate with reduced dimensions is deemed

16  necessary by the department to accommodate motorcycles,

17  mopeds, or similar smaller vehicles. Validation stickers shall

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

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

20  license plate. The registration license plate shall be

21  imprinted with a combination of bold letters and numerals or

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

23  registration license plate number. The license plate shall

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

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

26  that apportioned license plates shall have the word

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

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

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

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

31  320.08(12) must be imprinted with the word "Florida" at the


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

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

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

  4  "Manufacturer" at the bottom., except that

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

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

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

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

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

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

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

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

13  counties where the county commission has not removed the

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

15  addition to issuing license plates with the county name

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

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

18  subject to the approval of the department and a legislative

19  appropriation for the additional license plates.  A license

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

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

22  other distinctive character or designation, that distinguishes

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

24         (4)

25         (b)  For the purposes of authorizing the corporation

26  organized pursuant to chapter 946 to manufacture license

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

28  of Highway Safety and Motor Vehicles as provided in this

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

30  Corrections in paragraph (a) means the Department of

31  Corrections or the corporation organized pursuant to chapter


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  1  946, and the Department of Highway Safety and Motor Vehicles

  2  is not required to obtain competitive bids in order to

  3  contract with such corporation.

  4         Section 22.  Section 320.065, Florida Statutes, is

  5  repealed.

  6         Section 23.  Section 320.0657, Florida Statutes, is

  7  amended to read:

  8         320.0657  Permanent registration; fleet license

  9  plates.--

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

11  nonapportioned motor vehicles owned or leased by a company and

12  used for business purposes. Vehicle numbers comprising a

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

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

15  provisions of this section.

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

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

18  prescribed and upon approval by the department and payment of

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

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

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

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

23  displayed so that they are readily identifiable.

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

25  nonapportioned commercial motor vehicles licensed under s.

26  320.08(2), (3), (4), (5)(a)1. and (b), and (7), who has posted

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

28  magnetically encoded computer tape reel or cartridge which is

29  machine readable by the installed computer system at the

30  department for permanent license plates. All vehicles with a

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


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  1  unit number displayed so that they are readily identifiable.

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

  3  registered in accordance with this section, and no annual

  4  validation sticker is required.

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

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

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

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

  9  specified herein.

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

11  320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), an

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

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

14  plates issued for the established number of vehicles in the

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

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

17  plate manufacturing fee. If the license plate manufacturing

18  cost increases, the department shall increase the license

19  plate manufacturing fee to recoup its cost. Fees collected

20  shall be deposited into the Highway Safety Operating Trust

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

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

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

24  320.0605 do not apply to vehicles registered in accordance

25  with this section, and no annual validation sticker is

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

27  320.08(2), (3), (4), (5)(a)1. and (b), and (7), an annual fee

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

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

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

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


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

  2  collectors shall be deposited into the Highway Safety

  3  Operating Trust Fund. Payment of registration license tax and

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

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

  6  registrations shall not be available for vehicles registered

  7  in accordance with the provisions of this section. The

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

  9  renewal process.

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

11  properly and timely renew or initially register vehicles in

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

13  $50 or 10 percent of the delinquent taxes due, whichever is

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

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

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

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

18  penalty may not be less than $50.

19         (4)  All recipients of fleet license plates authorized

20  by this section must provide the department with an annual

21  vehicle reconciliation and must annually surrender all

22  unassigned license plates. Failure to comply with this

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

24  occurrence, or in suspension or termination from the fleet

25  program.

26         (2)  All recipients of permanent license plates

27  authorized by this section shall submit an annual audit as

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

29  a percentage of the vehicles registered by each owner or

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

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


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

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

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

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

  5  be prepared by a certified public accountant licensed under

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

  7  performed to standards prescribed by the department. Such

  8  audits shall be delivered to the department on or before

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

10  audit determines are due the department shall be submitted to

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

12  found to be habitually abusing the privileges afforded by

13  permanent licensure shall forfeit the bond required in

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

15  relinquish all permanent license plates, and not be eligible

16  to continue to participate in the program.

17         (5)(3)  The department may is authorized to adopt such

18  rules as necessary to comply with this section.

19         Section 24.  Subsections (1), (2), (3), and (12) of

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

21  to read:

22         320.08  License taxes.--Except as otherwise provided

23  herein, there are hereby levied and imposed annual license

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

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

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

27  the department or its agent upon the registration or renewal

28  of registration of the following:

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

30         (a)  Any motorcycle: $10 flat.

31         (b)  Any moped: $5 flat.


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

  2  $5 flat; however, annual renewal is not required.

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

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

  5  taxes specified in this subsection a nonrefundable motorcycle

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

  7  such additional fee shall be deposited in the Highway Safety

  8  Operating Trust Fund and be used exclusively to fund a

  9  motorcycle driver improvement program implemented pursuant to

10  s. 322.025 or the Florida Motorcycle Safety Education Program

11  established in s. 322.0255.

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

13  $10 flat.

14         (2)  AUTOMOBILES FOR PRIVATE USE.--

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

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

17  320.0863: $7.50 flat.

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

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

20  3,500 pounds: $22.50 flat.

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

22         (3)  TRUCKS.--

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

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

25  than 3,000 pounds: $22.50 flat.

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

27  than 5,000 pounds: $32.50 flat.

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

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

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

31  such harvesting operations, and which is not principally


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

  2  a motor vehicle designed, constructed, and used principally

  3  for the transportation of citrus fruit within citrus groves.

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

  5  defined in s. 320.086: $7.50 flat.

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

  7  franchised motor vehicle dealer, independent motor vehicle

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

  9  manufacturer license plate: $12.50 flat.

10         Section 25.  Paragraph (b) of subsection (4) of section

11  320.08056, Florida Statutes, 1998 Supplement, is amended to

12  read:

13         320.08056  Specialty license plates.--

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

15  be collected for the appropriate specialty license plates:

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

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

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

19         Section 26.  Paragraph (f) of subsection (2) of section

20  320.08058, Florida Statutes, 1998 Supplement, is repealed.

21         Section 27.  Subsection (4) of section 320.08058,

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

23         320.08058  Specialty license plates.--

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

25         (a)  The department shall develop a Florida Salutes

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

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

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

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

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

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


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

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

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

  4  either side of the flag.

  5         (b)  The Florida Salutes Veterans license plate annual

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

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

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

  9  Affairs and must be used solely for the purpose of

10  constructing, operating, and maintaining domiciliary and

11  nursing homes for veterans and for continuing promotion and

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

13  chapter 216.

14         Section 28.  Subsection (5) of section 320.084, Florida

15  Statutes, is amended to read:

16         320.084  Free motor vehicle license plate to certain

17  disabled veterans.--

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

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

20  vehicle license plate, or a license plate with the

21  international accessibility symbol, under this section, any

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

23  space except:

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

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

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

27  have disabilities.

28         Section 29.  Section 320.086, Florida Statutes, is

29  amended to read:

30

31


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  1         320.086  Ancient or, antique, or collectible motor

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

  3  historical license plates.--

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

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

  6  manufactured in 1945 1927 or earlier or manufactured to the

  7  specifications of the original engine, and operated on the

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

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

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

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

12  special license plate for such motor vehicle.  The license

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

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

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

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

17  may be prescribed by the department commensurate with the cost

18  of its manufacture.  The registration numbers and special

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

20  separate numerical series, commencing with "Horseless Carriage

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

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

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

24  manufactured between 1928 and 1945, inclusive, or manufactured

25  to the specifications of the original engine and operated on

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

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

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

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

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

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


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

  2  the department commensurate with the cost of its manufacture.

  3  The registration numbers and special license plates assigned

  4  to such motor vehicles shall run in a separate numerical

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

  6  plates shall be of a distinguishing color.

  7         (2)(3)(a)  The owner of a motor vehicle for private use

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

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

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

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

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

13  time prescribed by the department and upon payment of the

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

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

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

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

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

19  commensurate with the cost of its manufacture.  The

20  registration numbers and special license plates assigned to

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

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

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

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

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

26  license plate or specialty license plate in lieu of the

27  special "Antique" license plate.

28         (b)  Motor vehicles licensed under this section which

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

30  1999, shall maintain such plate unless the vehicle is

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


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

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

  3  the next regularly scheduled replacement.

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

  5  apparatus or other historical motor vehicle or trailer

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

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

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

  9  the department and upon payment of the license tax prescribed

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

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

12  this subsection shall be permanent and valid for use without

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

14  consistent with this subsection. Motor vehicles with a model

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

16  1996, shall be grandfathered to maintain a permanent license

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

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

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

20  be registered as a collectible and required to renew annually

21  as prescribed by s. 320.08.

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

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

24  this section and manufactured in the model year 1974 or

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

26  historical Florida license plate that which clearly represents

27  the model year of the vehicle as a personalized prestige

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

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

30  to be determined by the department for approval and for

31  authentication that the historic license plate and any


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

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

  3  320.0805(8)(b) do not apply to historical plates authorized

  4  under this subsection.

  5         Section 30.  For the purpose of incorporating the

  6  amendments made by this act to section 320.086, Florida

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

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

  9  read:

10         320.072  Additional fee imposed on certain motor

11  vehicle registration transactions.--

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

13  to:

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

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

16         Section 31.  Section 320.13, Florida Statutes, is

17  amended to read:

18         320.13  Dealer and manufacturer license plates and

19  alternative method of registration.--

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

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

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

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

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

25  plates are issued while the motor vehicles are in inventory

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

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

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

29  unless the tow truck or wrecker is being demonstrated for

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

31


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  1  vehicle used to transport another motor vehicle for the motor

  2  vehicle dealer.

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

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

  5  320.08(12), secure one or more dealer plates, which are valid

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

  7  plates are issued while being used in connection with such

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

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

10  currently used to license marine boat trailer dealers to do

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

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

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

14  license such dealers to do business.  An occupational license

15  tax certificate shall be sufficient proof upon which the

16  department may issue dealer license plates.

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

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

19  secure one or more manufacturer license plates, which are

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

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

22  inventory and for sale, being operated for demonstration

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

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

25  be replaced by the department upon submittal of an affidavit

26  stating that the original has been actually destroyed or lost

27  and payment of a fee of $2.

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

29  dealer chooses to register any motor vehicle or boat trailer

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

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


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

  2  an application for transfer of the license plate to a

  3  comparable motor vehicle or boat trailer owned by the dealer

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

  5         Section 32.  Paragraph (k) of subsection (1) of section

  6  320.131, Florida Statutes, is amended, and subsections (5),

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

  8         320.131  Temporary tags.--

  9         (1)  The department is authorized and empowered to

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

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

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

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

14  license plate is not specifically authorized under the

15  provisions of this section, the department shall have the

16  discretion to issue or authorize agents or Florida licensed

17  dealers to issue temporary license plates to applicants

18  demonstrating a need for such temporary use.

19

20  Further, the department is authorized to disallow the purchase

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

22  financial institutions in those cases where abuse has

23  occurred.

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

25  misuses temporary-tag issuance to avoid registering a vehicle

26  requiring registration pursuant to this chapter or chapter 319

27  commits a misdemeanor of the first degree, punishable as

28  provided in s. 775.082 or s. 775.083.

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

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

31  fictitious person or entity to avoid disclosure of the true


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

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

  3  775.084.

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

  5  and issue a temporary tag shall maintain records as required

  6  by this chapter or departmental rules and such records shall

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

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

  9  this subsection commits a misdemeanor of the second degree,

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

11         Section 33.  Section 320.1325, Florida Statutes, is

12  amended to read:

13         320.1325  Registration required for the temporarily

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

15  temporarily employed within the state but are not residents

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

17  prescribed in this section and proof of insurance coverage as

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

19  shall provide a temporary registration plate and a

20  registration certificate valid for 90 days to an applicant who

21  is temporarily employed in this the state. The temporary

22  registration plate may be renewed one time for an additional

23  90-day period. At the end of the 180-day period of temporary

24  registration, the applicant shall apply for a permanent

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

26  state. A temporary license registration plate may not be

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

28  320.01. The fee for the 90-day temporary registration plate

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

30  320.04. Subsequent permanent registration and titling of a

31  vehicle registered hereunder shall subject the applicant to


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  1  providing proof of Florida insurance coverage as specified in

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

  3  320.072, in addition to all other taxes and fees required.

  4         Section 34.  Paragraph (v) is added to subsection (9)

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

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

  7  amended, to read:

  8         320.27  Motor vehicle dealers.--

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

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

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

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

13  provisions with sufficient frequency so as to establish a

14  pattern of wrongdoing on the part of the licensee:

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

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

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

18  mobile homes or willful failure to comply with any

19  administrative rule promulgated by the department.

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

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

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

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

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

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

26  customer, unless the customer provides written authorization

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

28  newly acquired vehicle.

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

30  exercise of other powers provided in this section, the

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


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

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

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

  4  federal law and administrative rule set forth in s.

  5  320.27(9)(a) related to dealing in motor vehicles.  Any

  6  licensee shall be entitled to a hearing pursuant to chapter

  7  120 if the licensee contests the fine levied, or about to be

  8  levied, upon him or her.

  9         Section 35.  Section 320.30, Florida Statutes, is

10  amended to read:

11         320.30  Penalty for violating s. 320.28.--No action or

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

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

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

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

16  dealer shall have failed to comply with the terms and

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

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

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

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

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

22  offered for sale. Any municipal or county law enforcement

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

24  the provisions of this section which enforcement results in a

25  forfeiture of property as provided in this section is entitled

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

27  participation in such enforcement. Any property seized by any

28  municipal or county law enforcement agency may be retained or

29  sold by the law enforcement agency in accordance with the

30  Florida Contraband Forfeiture Act. Any funds received by a

31  municipal or county law enforcement agency pursuant to this


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  1  section constitute supplemental funds and may not be used as

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

  3  section shall not apply to:

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

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

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

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

  8  the vendor of such vehicle had not complied with said

  9  sections; or.

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

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

12  vehicle had not complied with said sections.

13         Section 36.  Subsection (11) of section 320.8249,

14  Florida Statutes, is repealed.

15         Section 37.  Subsection (2) of section 320.8325,

16  Florida Statutes, is amended to read:

17         320.8325  Mobile homes and park trailers; tie-down

18  requirements; minimum installation standards; injunctions;

19  penalty.--

20         (2)  The department shall promulgate rules and

21  regulations setting forth uniform minimum standards for the

22  manufacture or installation of anchors, tie-downs,

23  over-the-roof ties, or other reliable methods of securing

24  mobile homes or park trailers when over-the-roof ties are not

25  suitable due to factors such as unreasonable cost, design of

26  the mobile home or park trailer, or potential damage to the

27  mobile home or park trailer. No entity, other than the

28  department, has authority to amend these uniform standards.

29  Such devices required under this section, when properly

30  installed, shall cause the mobile home or park trailer to

31  resist wind overturning and sliding.  In promulgating such


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  1  rules and regulations, the department may make such

  2  discriminations regarding mobile home or park trailer tie-down

  3  requirements as are reasonable when factors such as age,

  4  location, and practicality of tying down a mobile home or park

  5  trailer are considered.

  6         Section 38.  Section 321.06, Florida Statutes, is

  7  amended to read:

  8         321.06  Civil service.--

  9         (1)  The Department of Highway Safety and Motor

10  Vehicles is hereby empowered and directed to make civil

11  service rules governing the employment and tenure of the

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

13  patrol officers shall be subject to said civil service rules

14  and regulations, and any amendment thereto which may

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

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

17  member of said highway patrol by presenting to such employee

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

19  civil service rules and regulations of the department, and

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

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

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

23  by such employee.  Their decision shall be final and

24  conclusive.  Such civil service rules or regulations shall be

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

26  service rules adopted by the department are declared unlawful

27  or unreasonable.

28         (2)  The department may employ traffic accident

29  investigation officers who must complete any applicable

30  standards adopted by the Florida Highway Patrol, including,

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


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  1  polygraph testing, psychological testing, and an extensive

  2  background check, including a credit check.

  3         Section 39.  Subsections (6) and (7) of section 322.08,

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

  5         322.08  Application for license.--

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

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

  8  accompanied by a copy of the Florida registration certificate

  9  showing registration under chapter 320 for every motor vehicle

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

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

12  affidavit to that effect.

13         (6)(7)  The application form for a driver's license or

14  duplicate thereof shall include language permitting the

15  following:

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

17  which contribution shall be transferred into the Election

18  Campaign Financing Trust Fund.

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

20  which contribution shall be deposited into the Florida Organ

21  and Tissue Donor Education and Procurement Trust Fund for

22  organ and tissue donor education and for maintaining the organ

23  and tissue donor registry.

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

25  which contribution shall be distributed to the Florida Council

26  of the Blind.

27

28  A statement providing an explanation of the purpose of the

29  trust funds shall also be included.

30

31


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  1         Section 40.  Subsections (5) and (6) of section

  2  322.081, Florida Statutes, 1998 Supplement, are amended to

  3  read:

  4         322.081  Requests to establish voluntary checkoff on

  5  driver's license application.--

  6         (5)  A voluntary contribution collected and distributed

  7  under this chapter, or any interest earned from those

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

  9  activities nor for general or administrative expenses, except

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

11  report required by law.

12         (a)  All organizations that receive annual use fee

13  proceeds from the department are responsible for ensuring that

14  proceeds are used in accordance with law.

15         (b)  All organizational recipients of any voluntary

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

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

18  submit an annual audit of the expenditures of these

19  contributions and interest earned from these contributions, to

20  determine if expenditures are being made in accordance with

21  the specifications outlined by law. The audit shall be

22  prepared by a certified public accountant licensed under

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

24  notes to the financial statements should state whether

25  expenditures were made in accordance with law. Such audits

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

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

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

29  receiving less than $15,000 in voluntary contributions

30  directly from the department may annually report, under

31  penalties of perjury, that such proceeds were used in


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

  2  a form and format determined by the department.

  3         (d)  Any voluntary contributions authorized by law

  4  shall only be distributed to an organization under an

  5  appropriation by the Legislature.

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

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

  8  organization's fiscal year.

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

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

11  determine which recipients have not complied with subsection

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

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

14  with law, the department must discontinue the distribution of

15  the revenues to the organization until the department

16  determines that the organization has complied. If an

17  organization fails to comply within 12 months after the

18  voluntary contributions are withheld by the department, the

19  proceeds shall be deposited into the Highway Safety Operating

20  Trust Fund to offset department costs.

21         Section 41.  Subsection (3) of section 322.1615,

22  Florida Statutes, is amended to read:

23         322.1615  Learner's driver's license.--

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

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

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

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

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

29  license.

30

31


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  1         Section 42.  Paragraphs (b) and (d) of subsection (6)

  2  and subsection (10) of section 322.2615, Florida Statutes, are

  3  amended to read:

  4         322.2615  Suspension of license; right to review.--

  5         (6)

  6         (b)  Such formal review hearing shall be held before a

  7  hearing officer employed by the department, and the hearing

  8  officer shall be authorized to administer oaths, examine

  9  witnesses and take testimony, receive relevant evidence, issue

10  subpoenas, regulate the course and conduct of the hearing, and

11  make a ruling on the suspension.  The department and the

12  person arrested may subpoena witnesses, and the party

13  requesting the presence of a witness shall be responsible for

14  the payment of any witness fees and for notifying in writing

15  the state attorney's office in the appropriate circuit of the

16  issuance of the subpoena.  If the person who requests a formal

17  review hearing fails to appear and the hearing officer finds

18  such failure to be without just cause, the right to a formal

19  hearing is waived and the suspension shall be sustained

20  department shall conduct an informal review of the suspension

21  under subsection (4).

22         (d)  The department must, within 7 working days after a

23  formal review hearing, send notice to the person of the

24  hearing officer's decision as to whether sufficient cause

25  exists to sustain, amend, or invalidate the suspension.

26         (10)  A person whose driver's license is suspended

27  under subsection (1) or subsection (3) may apply for issuance

28  of a license for business or employment purposes only if the

29  person is otherwise eligible for the driving privilege

30  pursuant to s. 322.271.

31


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  1         (a)  If the suspension of the driver's license of the

  2  person for failure to submit to a breath, urine, or blood test

  3  is sustained, the person is not eligible to receive a license

  4  for business or employment purposes only, pursuant to s.

  5  322.271, until 90 days have elapsed after the expiration of

  6  the last 30-day temporary permit issued pursuant to this

  7  section or s. 322.64.  If the driver is not issued a 30-day

  8  permit pursuant to this section or s. 322.64 because he or she

  9  is ineligible for the permit and the suspension for failure to

10  submit to a breath, urine, or blood test is not invalidated by

11  the department, the driver is not eligible to receive a

12  business or employment license pursuant to s. 322.271 until 90

13  days have elapsed from the date of the suspension.

14         (b)  If the suspension of the driver's license of the

15  person arrested for a violation of s. 316.193, relating to

16  unlawful blood-alcohol level, is sustained, the person is not

17  eligible to receive a license for business or employment

18  purposes only pursuant to s. 322.271 until 30 days have

19  elapsed after the expiration of the last 30-day temporary

20  permit issued pursuant to this section or s. 322.64.  If the

21  driver is not issued a 30-day permit pursuant to this section

22  or s. 322.64 because he or she is ineligible for the permit

23  and the suspension for a violation of s. 316.193, relating to

24  unlawful blood-alcohol level, is not invalidated by the

25  department, the driver is not eligible to receive a business

26  or employment license pursuant to s. 322.271 until 30 days

27  have elapsed from the date of the arrest.

28         Section 43.  Subsection (3) of section 322.245, Florida

29  Statutes, is amended to read:

30         322.245  Suspension of license upon failure of person

31  charged with specified offense under chapter 316, chapter 320,


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  1  or this chapter to comply with directives ordered by traffic

  2  court or upon failure to pay child support in non-IV-D cases

  3  as provided in chapter 61.--

  4         (3)  If the person fails to comply with the directives

  5  of the court within the 30-day period, or, in non-IV-D cases,

  6  fails to comply with the requirements of s. 61.13016 within

  7  the period specified in that statute, the depository or the

  8  clerk of the court shall notify the department of such failure

  9  within 10 5 days. Upon receipt of the notice, the department

10  shall immediately issue an order suspending the person's

11  driver's license and privilege to drive effective 20 days

12  after the date the order of suspension is mailed in accordance

13  with s. 322.251(1), (2), and (6).

14         Section 44.  Subsections (4), (5), (6), (7), and (8) of

15  section 322.28, Florida Statutes, 1998 Supplement, are amended

16  to read:

17         322.28  Period of suspension or revocation.--

18         (4)  Upon the conviction of a person for a violation of

19  s. 322.34, the license or driving privilege, if suspended,

20  shall be suspended for 3 months in addition to the period of

21  suspension previously imposed and, if revoked, the time after

22  which a new license may be issued shall be delayed 3 months.

23         (5)  If, in any case arising under this section, a

24  licensee, after having been given notice of suspension or

25  revocation of his or her license in the manner provided in s.

26  322.251, fails to surrender to the department a license

27  theretofore suspended or revoked, as required by s. 322.29, or

28  fails otherwise to account for the license to the satisfaction

29  of the department, the period of suspension of the license, or

30  the period required to elapse after revocation before a new

31  license may be issued, shall be extended until, and shall not


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  1  expire until, a period has elapsed after the date of surrender

  2  of the license, or after the date of expiration of the

  3  license, whichever occurs first, which is identical in length

  4  with the original period of suspension or revocation.

  5         (4)(6)(a)  Upon a conviction for a violation of s.

  6  316.193(3)(c)2., involving serious bodily injury, a conviction

  7  of manslaughter resulting from the operation of a motor

  8  vehicle, or a conviction of vehicular homicide, the court

  9  shall revoke the driver's license of the person convicted for

10  a minimum period of 3 years. If In the event that a conviction

11  under s. 316.193(3)(c)2., involving serious bodily injury, is

12  also a subsequent conviction as described under paragraph

13  (2)(a), the court shall revoke the driver's license or driving

14  privilege of the person convicted for the period applicable as

15  provided in paragraph (2)(a) or paragraph (2)(e).

16         (b)  If the period of revocation was not specified by

17  the court at the time of imposing sentence or within 30 days

18  thereafter, the department shall revoke the driver's license

19  for the minimum period applicable under paragraph (a) or, for

20  a subsequent conviction, for the minimum period applicable

21  under paragraph (2)(a) or paragraph (2)(e).

22         (5)(7)  A court may not stay the No administrative

23  suspension of a driving privilege under s. 322.2615 or s.

24  322.2616 during judicial shall be stayed upon a request for

25  review of the departmental order that resulted in such

26  suspension and a, except as provided in former s. 322.261, no

27  suspension or revocation of a driving privilege may not shall

28  be stayed upon an appeal of the conviction or order that

29  resulted in the suspension or revocation therein.

30         (6)(8)  In a prosecution for a violation of s.

31  316.172(1), and upon a showing of the department's records


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  1  that the licensee has received a second conviction within a

  2  period of 5 years following from the date of a prior

  3  conviction of s. 316.172(1), the department shall, upon

  4  direction of the court, suspend the driver's license of the

  5  person convicted for a period of not less than 90 days or nor

  6  more than 6 months.

  7         Section 45.  Subsection (6) of section 322.34, Florida

  8  Statutes, 1998 Supplement, is amended to read:

  9         322.34  Driving while license suspended, revoked,

10  canceled, or disqualified.--

11         (6)  Any person who operates a motor vehicle:

12         (a)  Without having a driver's license as required

13  under s. 322.03; or

14         (b)  While his or her driver's license or driving

15  privilege is canceled, suspended, or revoked pursuant to s.

16  316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (5),

17

18  and who by careless or negligent operation of the motor

19  vehicle causes the death of or serious bodily injury to

20  another human being is guilty of a felony of the third degree,

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

22         Section 46.  Subsection (5) of section 324.201, Florida

23  Statutes, is amended to read:

24         324.201  Return of license or registration to

25  department.--

26         (5)  When a recovery agent or recovery agency obtains a

27  seized license plate in accordance with this chapter, the

28  license plate shall be delivered to a driver license office on

29  the next business day local law enforcement agencies must be

30  notified of the recovery within 6 hours after seizure. The

31  recovery agent or recovery agency shall deliver the license


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  1  plate to the local law enforcement authorities and obtain a

  2  receipt upon delivery of the license plate for claim record

  3  purposes with the department pursuant to the procedure

  4  prescribed in this section.

  5         Section 47.  Effective July 1, 2000, section 324.202,

  6  Florida Statutes, is amended to read:

  7         324.202  Seizure of motor vehicle license plates by

  8  recovery agents.--

  9         (1)  On the implementation of the vehicle information

10  system overall reorganization to the Oracle database of driver

11  licenses the Department of Highway Safety and Motor Vehicles

12  shall implement a program pilot project in Broward County,

13  Dade County, and Hillsborough County to determine the

14  effectiveness of using recovery agents for the seizure of

15  license plates in counties where a majority of the governing

16  body of the county has requested the program be implemented.

17  Until the vehicle information system overall reorganization is

18  complete, the existing pilot project within Broward, Dade, and

19  Hillsborough counties shall continue in effect pursuant to

20  chapter 95-202, Laws of Florida. A On October 1, 1996, the

21  department shall provide a report to the President of the

22  Senate, the Speaker of the House of Representatives, the chair

23  of the Senate Commerce Committee, the chair of the House

24  Insurance Committee, and the Majority and Minority Leaders of

25  the Senate and the House of Representatives, on the results of

26  the pilot project. licensed recovery agent or recovery agency

27  agents and recovery agencies as described in s. 493.6101(20)

28  and (21) may seize the license plate plates of a motor vehicle

29  if the vehicle's registration or the driver's license of the

30  owner or operator of the vehicle has vehicles whose

31  registrations have been suspended pursuant to s. 316.646 or s.


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  1  627.733 in such counties upon compliance with this section and

  2  rules of the Department of Highway Safety and Motor Vehicles.

  3         (2)  The Department of Highway Safety and Motor

  4  Vehicles shall:

  5         (a)  Provide a procedure for the payment of fees to

  6  recovery agents or recovery agencies who seize license plates

  7  pursuant to this section.  This procedure shall include the

  8  development and distribution of forms and monthly renewal

  9  notices, including the name and most current address available

10  to the department of persons not in compliance with s. 316.646

11  or s. 627.733, which shall be used by the seizing recovery

12  agent or recovery agency to transmit the seized license plate

13  to the local law enforcement agency pursuant to s. 324.201.

14         (b)  Provide a method for the payment of a the fee of

15  $25 in s. 627.733(7) to the recovery agent or recovery agency

16  seizing an eligible the license plate pursuant to this

17  section. The requirements with respect to payment must provide

18  that when the owner or operator whose driver's license has

19  been suspended under s. 316.646 or s. 627.733 pays the

20  reinstatement fee to the Department of Highway Safety and

21  Motor Vehicles, the department shall pay the recovery agent.

22         Section 48.  Section 325.2135, Florida Statutes, 1998

23  Supplement, is amended to read:

24         325.2135  Motor vehicle emissions inspection program;

25  development of specifications; fees; reporting.--

26         (1)  The Department of Highway Safety and Motor

27  Vehicles shall hire an independent expert consultant to

28  develop appropriate request-for-proposal specifications and a

29  range of inspection fees for the motor vehicle emissions

30  inspection program based on an annual and a biennial

31  inspection program for vehicles 4 model years old and older,


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  1  using the basic test for hydrocarbon emissions and carbon

  2  monoxide emissions and other mobile source testing for nitrous

  3  oxides or other pollutants, and no later than January 1, 1999,

  4  to report to the President of the Senate and the Speaker of

  5  the House of Representatives setting forth the relevant facts

  6  and the department's recommendations. Notwithstanding the

  7  provisions of chapter 325, the department and the Governor and

  8  Cabinet, acting as head of that agency, are prohibited from

  9  entering into any contract or extension of a contract for any

10  form of motor vehicles emissions testing without legislative

11  approval through the enactment of specific legislation

12  directing the department to implement an inspection program

13  and establishing a fee for the program.

14         (2)  If no specific legislation is passed during the

15  1999 legislative session to direct the department to implement

16  a motor vehicle inspection program, the department may issue a

17  request for proposal and The department may extend the current

18  emissions inspection program contracts for a period of time

19  sufficient to implement new contracts resulting from

20  competitive proposals, and shall enter into and implement one

21  or more contracts by June 30, 2000, for a biennial inspection

22  program for vehicles 4 5 model years and older using the basic

23  test for hydrocarbon emissions and carbon monoxide emissions.

24  Any contract authorized under this section must contain a

25  provision requiring that the average driving distance from

26  residences to inspection stations be no more than 6 miles for

27  at least 90 percent of the affected registered motor vehicle

28  owners in the designated program areas. The requirements for

29  the program included in the proposals must be based on the

30  requirements under chapter 325 unless those requirements

31  conflict with this section. No contract entered into under


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  1  this subsection may be for longer than 5 2 years. Any contract

  2  authorized under this section must provide that the department

  3  reserves the right to cancel a contract at any time before the

  4  conclusion of the contract term upon 6 months notice to the

  5  contractor. Notwithstanding the provisions of s. 325.214, if

  6  the fee for motor vehicle inspection proposed by the

  7  Department of Highway Safety and Motor Vehicles may not will

  8  exceed $20 $10 per inspection., the department may impose the

  9  higher fee if such fee is approved through the budget

10  amendment process set forth in chapter 216 and notice is

11  provided to the chairmen of the Senate and House

12  Transportation and Natural Resources Committees at the time it

13  is provided to the Senate Ways and Means and House

14  Appropriations Committees.

15         Section 49.  Subsection (2) of section 325.214, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         325.214  Motor vehicle inspection; fees; disposition of

18  fees.--

19         (2)  The inspection fee may not exceed $19 shall be

20  $10.  Notwithstanding any other provision of law to the

21  contrary, an additional fee of $1 shall be assessed upon the

22  issuance of each dealer certificate, which fee shall be

23  forwarded to the department for deposit into the Highway

24  Safety Operating Trust Fund.

25         Section 50.  Section 327.031, Florida Statutes, is

26  amended to read:

27         327.031  Suspension or denial of a vessel registration

28  due to child support delinquency; dishonored checks.--

29         (1)  The department must allow applicants for new or

30  renewal registrations to be screened by the Department of

31  Revenue, as the Title IV-D child support agency under s.


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  1  409.2598, or by a non-IV-D obligee to assure compliance with a

  2  support obligation. The purpose of this section is to promote

  3  the public policy of this state as established in s. 409.2551.

  4  The department must, when directed by the court, deny or

  5  suspend the vessel registration of any applicant found to have

  6  a delinquent child support obligation. The department must

  7  issue or reinstate a registration when notified by the Title

  8  IV-D agency or the court that the applicant has complied with

  9  the terms of the court order. The department may not be held

10  liable for any registration denial or suspension resulting

11  from the discharge of its duties under this section.

12         (2)  The department may deny or cancel any vessel

13  registration if the owner pays for the registration by a

14  dishonored check.

15         Section 51.  Subsection (3) of section 327.11, Florida

16  Statutes, is amended, present subsection (6) is renumbered as

17  subsection (8) and amended, and new subsections (6) and (7)

18  are added to that section, to read:

19         327.11  Vessel registration, application, certificate,

20  number, decal, duplicate certificate.--

21         (3)  The Department of Highway Safety and Motor

22  Vehicles shall issue certificates of registration and numbers

23  for city, county, and state-owned vessels, charging only the

24  service fees required in s. 327.25(7) and (8) at no charge,

25  provided the vessels are used for purposes other than

26  recreation.

27         (6)  When a vessel decal has been stolen, the owner of

28  the vessel for which the decal was issued shall make

29  application to the department for a replacement. The

30  application shall contain the decal number being replaced and

31  a statement that the item was stolen. If the application


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  1  includes a copy of the police report prepared in response to a

  2  report of a stolen decal, such decal shall be replaced at no

  3  charge.

  4         (7)  Any decal lost in the mail may be replaced at no

  5  charge. The service charge shall not be applied to this

  6  replacement; however, the application for a replacement shall

  7  contain a statement of such fact, the decal number, and the

  8  date issued.

  9         (8)(6)  Anyone guilty of falsely certifying any facts

10  relating to application, certificate, transfer, number, decal,

11  or duplicate, or replacement certificates or any information

12  required under this section shall be punished as provided

13  under this chapter.

14         Section 52.  Subsection (2) of section 327.23, Florida

15  Statutes, is amended to read:

16         327.23  Exemption of vessels and outboard motors from

17  personal property tax; temporary certificate of registration;

18  vessel registration certificate fee.--

19         (2)  A temporary certificate of registration may be

20  issued to a vessel for use in the following cases:

21         (a)  which The owner has made application to the United

22  States Coast Guard for documentation and has paid the

23  applicable registration certificate fee pursuant to s.

24  327.25(1). A temporary certificate of registration shall only

25  be issued upon proof that all applicable state sales taxes

26  have been paid and that the application for documentation is

27  on file with the United States Coast Guard. Any reregistration

28  of such a vessel without the submission of the vessel's

29  documentation papers shall require written verification from

30  the United States Coast Guard as to the current status of the

31  application for the vessel's documentation. Upon receipt of


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  1  the vessel's documentation papers, the owner shall bring them

  2  to the agent issuing the temporary certificate for official

  3  recording of information.

  4         (b)  An out-of-state resident, subject to registration

  5  in this state, who must secure ownership documentation from

  6  the home state, and is unable to submit an out-of-state title

  7  because it is being held by an out-of-state lienholder.

  8         Section 53.  Paragraphs (b) and (c) of subsection (2),

  9  paragraph (b) of subsection (4), and paragraph (c) of

10  subsection (12) of section 327.25, Florida Statutes, are

11  amended to read:

12         327.25  Classification; registration; fees and charges;

13  surcharge; disposition of fees; fines; marine turtle

14  stickers.--

15         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

16         (b)  The registration number for an antique vessel

17  shall be permanently attached to each side of affixed on the

18  forward half of the vessel hull or on the port side of the

19  windshield according to ss. 327.11 and 327.11 and 327.14.

20         (c)  The Department of Highway Safety and Motor

21  Vehicles may issue a decal identifying the vessel as an

22  antique vessel. The decal shall be displayed as provided in

23  ss. 327.11 and 327.14 placed within 3 inches of the

24  registration number.

25         (4)  TRANSFER OF OWNERSHIP.--

26         (b)  If a vessel is an antique as defined in subsection

27  (2), the application shall be accompanied by either a

28  certificate of title, a notarized bill of sale and a

29  registration, or a notarized bill of sale and an affidavit by

30  the owner defending the title from all claims. The bill of

31  sale must contain a complete vessel description to include the


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  1  hull identification number and engine number, if appropriate;

  2  the year, make, and color of the vessel; the selling price;

  3  and the signatures of the seller and purchaser.

  4         (12)  REGISTRATION.--

  5         (c)  Effective July 1, 1996, the following registration

  6  periods and renewal periods are established:

  7         1.  For vessels owned by individuals, the registration

  8  period begins the first day of the birth month of the owner

  9  and ends the last day of the month immediately preceding the

10  owner's birth month in the succeeding year. If the vessel is

11  registered in the name of more than one person, the birth

12  month of the person whose name first appears on the

13  registration shall be used to determine the registration

14  period. For a vessel subject to this registration period, the

15  renewal period is the 30-day period ending at midnight on the

16  vessel owner's date of birth.

17         2.  For vessels owned by companies, corporations,

18  governmental entities, those entities listed under subsection

19  (11), and registrations issued to dealers and manufacturers,

20  the registration period begins July 1 and ends June 30.  The

21  renewal period is the 30-day period beginning June 1.

22         Section 54.  Section 327.255, Florida Statutes, is

23  created to read:

24         327.255  Registration; duties of tax collectors.--

25         (1)  The tax collectors in the counties of the state,

26  as authorized agents of the department, shall issue

27  registration certificates and vessel numbers and decals to

28  applicants, subject to the requirements of law and in

29  accordance with rules of the department.

30         (2)  Each tax collector shall keep a full and complete

31  record and account of all vessel decals or other properties


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  1  received by him or her from the department or from any other

  2  source and shall make prompt remittance of moneys collected by

  3  him or her at the times and in the manner prescribed by law.

  4         (3)  A fee of 50 cents shall be charged in addition to

  5  the fees required under s. 327.25 on every vessel decal

  6  registration sold to cover the cost of the Florida Real Time

  7  Vehicle Information System. The fees collected under this

  8  section shall be deposited into the Highway Safety Operating

  9  Trust Fund and shall be used to fund that system and may be

10  used to fund the general operations of the department.

11         Section 55.  Section 327.256, Florida Statutes, is

12  created to read:

13         327.256  Advanced registration renewal; procedures.--

14         (1)  The owner of any vessel currently registered in

15  this state may file an application for renewal of registration

16  with the department, or its authorized agent in the county

17  wherein the owner resides, any time during the 3 months

18  preceding the date of expiration of the registration period.

19         (2)  Upon the filing of the application and payment of

20  the appropriate vessel registration fee and service charges

21  required by s. 327.25 and any additional fees required by law,

22  the department or its agents shall issue to the owner of the

23  vessel a decal and registration. When the decal is affixed to

24  the vessel, the registration is renewed for the appropriate

25  registration period.

26         (3)  Any person who uses a vessel decal without lawful

27  authority or who willfully violates any rule of the department

28  relating to this section shall be punished as provided under

29  this chapter.

30         Section 56.  Paragraph (c) of subsection (3) of section

31  328.01, Florida Statutes, is amended to read:


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  1         328.01  Application for certificate of title.--

  2         (3)

  3         (c)  In making application for transfer of title from a

  4  deceased titled owner, the new owner or surviving coowner

  5  shall establish proof of ownership by submitting with the

  6  application the original certificate of title and the

  7  decedent's probated last will and testament or letters of

  8  administration appointing the personal representative of the

  9  decedent.  In lieu of a probated last will and testament or

10  letters of administration, a copy of the decedent's death

11  certificate, a certified copy of the decedent's last will and

12  testament, and an affidavit by the decedent's surviving spouse

13  or heirs affirming rights of ownership may be accepted by the

14  department.  If the decedent died intestate, a court order

15  awarding the ownership of the vessel or an affidavit by the

16  decedent's surviving spouse or heirs establishing or releasing

17  all rights of ownership and a copy of the decedent's death

18  certificate shall be submitted to the department.

19         Section 57.  Subsection (3) of section 328.11, Florida

20  Statutes, is amended to read:

21         328.11  Duplicate certificate of title.--

22         (3)  If, following the issuance of an original,

23  duplicate, or corrected certificate of title by the

24  department, the certificate is lost in transit and is not

25  delivered to the addressee, the owner of the vessel or the

26  holder of a lien thereon may, within 180 90 days after the

27  date of issuance of the title, apply to the department for

28  reissuance of the certificate of title.  An additional fee may

29  not be charged for reissuance under this subsection.

30         Section 58.  Paragraph (c) of subsection (2) and

31  subsection (7) of section 328.15, Florida Statutes, are


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  1  amended, present subsection (8) is renumbered as subsection

  2  (12), and new subsections (8), (9), (10), and (11) are added

  3  to that section, to read:

  4         328.15  Notice of lien on vessel; recording.--

  5         (2)

  6         (c)  If the owner of the vessel as shown on the title

  7  certificate or the director of the state child support

  8  enforcement program desires to place a second or subsequent

  9  lien or encumbrance against the vessel when the title

10  certificate is in the possession of the first lienholder, the

11  owner shall send a written request to the first lienholder by

12  certified mail and such first lienholder shall forward the

13  certificate to the department for endorsement. The department

14  shall return the certificate to the first lienholder, as

15  indicated in the notice of lien filed by the first lienholder,

16  after endorsing the second or subsequent lien on the

17  certificate and on the duplicate. If the first lienholder

18  fails, neglects, or refuses to forward the certificate of

19  title to the department within 10 days after the date of the

20  owner's or the director's request, the department, on written

21  request of the subsequent lienholder or an assignee thereof,

22  shall demand of the first lienholder the return of such

23  certificate for the notation of the second or subsequent lien

24  or encumbrance. The director of the state child support

25  enforcement program may place a subsequent lien or encumbrance

26  against a vessel having a recorded first lien by sending a

27  written request to the first lienholder by certified mail.

28  The first lienholder shall forward the certificate to the

29  Department of Highway Safety and Motor Vehicles for

30  endorsement, and the department shall return the certificate

31


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  1  to the first lienholder after endorsing the subsequent lien on

  2  the certificate and on the duplicate.

  3         (7)(a)  Should any person, firm, or corporation holding

  4  such lien, which has been recorded by the Department of

  5  Highway Safety and Motor Vehicles, upon payment of such lien

  6  and on demand, fail or refuse, within 30 days after such

  7  payment and demand, to furnish the debtor or the registered

  8  owner of such vessel motorboat a satisfaction of the lien,

  9  then, in that event, such person, firm, or corporation shall

10  be held liable for all costs, damages, and expenses, including

11  reasonable attorney's fees, lawfully incurred by the debtor or

12  the registered owner of such vessel motorboat in any suit

13  which may be brought in the courts of this state for the

14  cancellation of such lien.

15         (b)  Following satisfaction of a lien, the lienholder

16  shall enter a satisfaction thereof in the space provided on

17  the face of the certificate of title. If there are no

18  subsequent liens shown thereon, the certificate shall be

19  delivered by the lienholder to the person satisfying the lien

20  or encumbrance and an executed satisfaction on a form provided

21  by the department shall be forwarded to the department by the

22  lienholder within 10 days after satisfaction of the lien.

23         (c)  If the certificate of title shows a subsequent

24  lien not then being discharged, an executed satisfaction of

25  the first lien shall be delivered by the lienholder to the

26  person satisfying the lien and the certificate of title

27  showing satisfaction of the first lien shall be forwarded by

28  the lienholder to the department within 10 days after

29  satisfaction of the lien.

30         (d)  If, upon receipt of a title certificate showing

31  satisfaction of the first lien, the department determines from


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  1  its records that there are no subsequent liens or encumbrances

  2  upon the vessel, the department shall forward to the owner, as

  3  shown on the face of the title, a corrected certificate

  4  showing no liens or encumbrances. If there is a subsequent

  5  lien not being discharged, the certificate of title shall be

  6  reissued showing the second or subsequent lienholder as the

  7  first lienholder and shall be delivered to the new first

  8  lienholder. The first lienholder shall be entitled to retain

  9  the certificate of title until his or her lien is satisfied.

10  Upon satisfaction of the lien, the lienholder shall be subject

11  to the procedures required of a first lienholder in this

12  subsection and in subsection (2).

13         (8)  When the original certificate of title cannot be

14  returned to the department by the lienholder and evidence

15  satisfactory to the department is produced that all liens or

16  encumbrances have been satisfied, upon application by the

17  owner for a duplicate copy of the certificate of title, upon

18  the form prescribed by the department, accompanied by the fee

19  prescribed in this chapter, a duplicate copy of the

20  certificate of title without statement of liens or

21  encumbrances shall be issued by the department and delivered

22  to the owner.

23         (9)  Any person who fails, within 10 days after receipt

24  of a demand by the department by certified mail, to return a

25  certificate of title to the department as required by

26  subsection (2)(c) or who, upon satisfaction of a lien, fails

27  within 10 days after receipt of such demand to forward the

28  appropriate document to the department as required by

29  paragraph (7)(b) or paragraph (7)(c) commits a misdemeanor of

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

31  775.083.


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  1         (10)  The department is not required to retain on file

  2  any bill of sale or duplicate thereof, notice of lien, or

  3  satisfaction of lien covering any vessel for a period longer

  4  than 7 years after the date of the filing thereof, and

  5  thereafter the same may be destroyed.

  6         (11)  The department shall use the last known address

  7  as shown by its records when sending any notice required by

  8  this section.

  9         Section 59.  Subsection (3) of section 328.16, Florida

10  Statutes, is amended, and subsection (5) is added to that

11  section, to read:

12         328.16  Issuance in duplicate; delivery; liens and

13  encumbrances.--

14         (3)  Except as provided in s. 328.15(12) s. 328.15(8),

15  the certificate of title shall be retained by the first

16  lienholder.  The first lienholder is entitled to retain the

17  certificate until the first lien is satisfied.

18         (5)  The owner of a vessel, upon which a lien has been

19  filed with the department or noted upon a certificate of title

20  for a period of 5 years, may apply to the department in

21  writing for such lien to be removed from the department files

22  or from the certificate of title. The application must be

23  accompanied by evidence satisfactory to the department that

24  the applicant has notified the lienholder by certified mail,

25  not less than 20 days prior to the date of the application, of

26  his or her intention to apply to the department for removal of

27  the lien. Ten days after receipt of the application, the

28  department may remove the lien from its files or from the

29  certificate of title, as the case may be, if no statement in

30  writing protesting removal of the lien is received by the

31  department from the lienholder within the 10-day period.


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  1  However, if the lienholder files with the department, within

  2  the 10-day period, a written statement that the lien is still

  3  outstanding, the department may not remove the lien until the

  4  lienholder presents a satisfaction of lien to the department.

  5         Section 60.  Section 328.165, Florida Statutes, is

  6  created to read:

  7         328.165  Cancellation of certificates.--

  8         (1)  If it appears that a certificate of title has been

  9  improperly issued, the department shall cancel the

10  certificate. Upon cancellation of any certificate of title,

11  the department shall notify the person to whom the certificate

12  of title was issued, and any lienholders appearing thereon, of

13  the cancellation and shall demand the surrender of the

14  certificate of title; however, the cancellation does not

15  affect the validity of any lien noted thereon. The holder of

16  the certificate of title shall immediately return it to the

17  department. If a certificate of registration has been issued

18  to the holder of a certificate of title so canceled, the

19  department shall immediately cancel the certificate of

20  registration and demand the return of the certificate of

21  registration and the holder of such certificate of

22  registration shall immediately return it to the department.

23         (2)  The department may, upon application by any person

24  and payment of the proper fees, prepare and furnish lists

25  containing title information in such form as the department

26  authorizes, search the records of the department and make

27  reports thereof, and make photographic copies of the

28  department records and attestations thereof.

29         Section 61.  Subsection (7) of section 627.733, Florida

30  Statutes, 1998 Supplement, is amended to read:

31         627.733  Required security.--


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  1         (7)(a)  Any operator or owner whose driver's license or

  2  registration has been suspended pursuant to this section or s.

  3  316.646 may effect its reinstatement upon compliance with the

  4  requirements of this section and upon payment to the

  5  Department of Highway Safety and Motor Vehicles of a

  6  nonrefundable reinstatement fee of $150 for the first

  7  reinstatement.  Such reinstatement fee shall be $250 for the

  8  second reinstatement and $500 for each subsequent

  9  reinstatement during the 3 years following the first

10  reinstatement. Any person reinstating her or his insurance

11  under this subsection must also secure noncancelable coverage

12  as described in s. 627.7275(2) and present to the appropriate

13  person proof that the coverage is in force on a form

14  promulgated by the Department of Highway Safety and Motor

15  Vehicles, such proof to be maintained for 2 years.  If the

16  person does not have a second reinstatement within 3 years

17  after her or his initial reinstatement, the reinstatement fee

18  shall be $150 for the first reinstatement after that 3-year

19  period. In the event that a person's license and registration

20  are suspended pursuant to this section or s. 316.646, only one

21  reinstatement fee shall be paid to reinstate the license and

22  the registration. All fees shall be collected by the

23  Department of Highway Safety and Motor Vehicles at the time of

24  reinstatement.  The Department of Highway Safety and Motor

25  Vehicles shall issue proper receipts for such fees and shall

26  promptly deposit those fees in the Highway Safety Operating

27  Trust Fund. One-third of the fee collected under this

28  subsection shall be distributed from the Highway Safety

29  Operating Trust Fund to the local government entity or state

30  agency which employed the law enforcement officer or the

31  recovery agent who seizes a license plate pursuant to s.


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  1  324.201 or to s. 324.202.  Such funds may be used by the local

  2  government entity or state agency for any authorized purpose.

  3         (b)  One-third of the fee collected for the seizure of

  4  a license plate by a recovery agent shall be paid to the

  5  recovery agent, and the balance shall remain in the Highway

  6  Safety Operating Trust Fund and be distributed pursuant to s.

  7  321.245.

  8         Section 62.  Effective July 1, 2000, subsection (7) of

  9  section 627.733, Florida Statutes, 1998 Supplement, as amended

10  by section 14 of chapter 98-223, Laws of Florida, is amended

11  to read:

12         627.733  Required security.--

13         (7)(a)  Any operator or owner whose registration has

14  been suspended pursuant to this section or s. 316.646 may

15  effect its reinstatement upon compliance with the requirements

16  of this section and upon payment to the Department of Highway

17  Safety and Motor Vehicles of a nonrefundable reinstatement fee

18  of $150 for the first reinstatement.  Such reinstatement fee

19  shall be $250 for the second reinstatement and $500 for each

20  subsequent reinstatement during the 3 years following the

21  first reinstatement. Any person reinstating her or his

22  insurance under this subsection must also secure noncancelable

23  coverage as described in s. 627.7275(2) and present to the

24  appropriate person proof that the coverage is in force on a

25  form promulgated by the Department of Highway Safety and Motor

26  Vehicles, such proof to be maintained for 2 years.  If the

27  person does not have a second reinstatement within 3 years

28  after her or his initial reinstatement, the reinstatement fee

29  shall be $150 for the first reinstatement after that 3-year

30  period.  All fees shall be collected by the Department of

31  Highway Safety and Motor Vehicles at the time of


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  1  reinstatement.  The Department of Highway Safety and Motor

  2  Vehicles shall issue proper receipts for such fees and shall

  3  promptly deposit those fees in the Highway Safety Operating

  4  Trust Fund. One-third of the fee collected under this

  5  subsection shall be distributed from the Highway Safety

  6  Operating Trust Fund to the local government entity or state

  7  agency which employed the law enforcement officer or the

  8  recovery agent who seizes a license plate pursuant to s.

  9  324.201 or to s. 324.202.  Such funds may be used by the local

10  government entity or state agency for any authorized purpose.

11         (b)  One-third of the fee collected for the seizure of

12  a license plate by a recovery agent shall be paid to the

13  recovery agent, and the balance shall remain in the Highway

14  Safety Operating Trust Fund and be distributed pursuant to s.

15  321.245.

16         Section 63.  The sum of $150,000 is appropriated from

17  the Insurance Commissioner's Regulatory Trust Fund to the

18  Department of Highway Safety Operating Trust Fund for the

19  Fiscal Year 1999-2000.

20         Section 64.  Paragraph (b) of subsection (4) and

21  paragraph (c) of subsection (7) of section 713.78, Florida

22  Statutes, 1998 Supplement, are amended to read:

23         713.78  Liens for recovering, towing, or storing

24  vehicles and undocumented vessels.--

25         (4)

26         (b)  Notice by certified mail, return receipt

27  requested, shall be sent within 7 business days after the date

28  of storage of the vehicle or vessel to the registered owner

29  and to all persons of record claiming a lien against the

30  vehicle or vessel.  It shall state the fact of possession of

31  the vehicle or vessel, that a lien as provided in subsection


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  1  (2) is claimed, that charges have accrued and the amount

  2  thereof, that the lien is subject to enforcement pursuant to

  3  law, and that the owner or lienholder, if any, has the right

  4  to a hearing as set forth in subsection (5), and that any

  5  vehicle or vessel which remains unclaimed, or for which the

  6  charges for recovery, towing, or storage services remain

  7  unpaid, may be sold after in 35 days free of all prior liens.

  8         (7)

  9         (c)  Any law enforcement agency requesting that a motor

10  vehicle be removed from an accident scene, street, or highway

11  must conduct an inventory and prepare a written record of all

12  personal property found in the vehicle before the vehicle is

13  removed by a wrecker operator. However, if the owner or driver

14  of the motor vehicle is present and accompanies the vehicle,

15  no inventory by law enforcement is required. A wrecker

16  operator is not liable for the loss of personal property

17  alleged to be contained in such a vehicle when such personal

18  property was not identified on the inventory record prepared

19  by the law enforcement agency requesting the removal of the

20  vehicle.

21         Section 65.  Subsection (1) of section 732.9215,

22  Florida Statutes, is amended to read:

23         732.9215  Education program relating to anatomical

24  gifts.--The Agency for Health Care Administration, subject to

25  the concurrence of the Department of Highway Safety and Motor

26  Vehicles, shall develop a continuing program to educate and

27  inform medical professionals, law enforcement agencies and

28  officers, high school children, state and local government

29  employees, and the public regarding the laws of this state

30  relating to anatomical gifts and the need for anatomical

31  gifts.


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  1         (1)  The program is to be implemented with the

  2  assistance of the organ and tissue donor education panel as

  3  provided in s. 732.9216 and with the funds collected under ss.

  4  320.08047 and 322.08(6)(b) 322.08(7)(b). Existing community

  5  resources, when available, must be used to support the

  6  program, and volunteers may assist the program to the maximum

  7  extent possible. The Agency for Health Care Administration may

  8  contract for the provision of all or any portion of the

  9  program. When awarding such contract, the agency shall give

10  priority to existing nonprofit groups that are located within

11  the community, including within the minority communities

12  specified in subsection (2).  The program aimed at educating

13  medical professionals may be implemented by contract with one

14  or more medical schools located in the state.

15         Section 66.  Subsection (1) of section 732.9216,

16  Florida Statutes, is amended to read:

17         732.9216  Organ and tissue donor education panel.--

18         (1)  The Legislature recognizes that there exists in

19  the state a shortage of organ and tissue donors to provide the

20  organs and tissue that could save lives or enhance the quality

21  of life for many Floridians.  The Legislature further

22  recognizes the need to encourage the various minority

23  populations of Florida to donate organs and tissue.  It is the

24  intent of the Legislature that the funds collected pursuant to

25  ss. 320.08047 and 322.08(6)(b) 322.08(7)(b) be used for

26  educational purposes aimed at increasing the number of organ

27  and tissue donors, thus affording more Floridians who are

28  awaiting organ or tissue transplants the opportunity for a

29  full and productive life.

30

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  1         Section 67.  Paragraph (a) of subsection (3) of section

  2  812.014, Florida Statutes, is amended, and subsection (5) is

  3  added to that section, to read:

  4         812.014  Theft.--

  5         (3)(a)  Theft of any property not specified in

  6  subsection (2) is petit theft of the second degree and a

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

  8  775.082 or s. 775.083, and as provided in subsection (5), as

  9  applicable.

10         (5)(a)  No person shall drive a motor vehicle so as to

11  cause it to leave the premises of an establishment at which

12  gasoline offered for retail sale was dispensed into the fuel

13  tank of such motor vehicle unless the payment of authorized

14  charge for the gasoline dispensed has been made.

15         (b)  In addition to the penalties prescribed in

16  paragraph (3)(a), every judgment of guilty of a petit theft

17  for property described in this subsection shall provide for

18  the suspension of the convicted person's driver's license. The

19  court shall forward the driver's license to the Department of

20  Highway Safety and Motor Vehicles in accordance with s.

21  322.25.

22         1.  The first suspension of a driver's license under

23  this subsection shall be for a period of up to 6 months.

24         2.  The second or subsequent suspension of a driver's

25  license under this subsection shall be for a period of 1 year.

26         Section 68.  Subsection (1) of section 832.06, Florida

27  Statutes, is amended to read:

28         832.06  Prosecution for worthless checks given tax

29  collector for licenses or taxes; refunds.--

30         (1)  Whenever any person, firm, or corporation violates

31  the provisions of s. 832.05 by drawing, making, uttering,


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  1  issuing, or delivering to any county tax collector any check,

  2  draft, or other written order on any bank or depository for

  3  the payment of money or its equivalent for any tag, title,

  4  lien, tax (except ad valorem taxes), penalty, or fee relative

  5  to a boat, airplane, or motor vehicle, driver license, or

  6  identification card; any occupational license, beverage

  7  license, or sales or use tax; or any hunting or fishing

  8  license, the county tax collector, after the exercise of due

  9  diligence to locate the person, firm, or corporation which

10  drew, made, uttered, issued, or delivered the check, draft, or

11  other written order for the payment of money, or to collect

12  the same by the exercise of due diligence and prudence, shall

13  swear out a complaint in the proper court against the person,

14  firm, or corporation for the issuance of the worthless check

15  or draft. If the state attorney cannot sign the information

16  due to lack of proof, as determined by the state attorney in

17  good faith, for a prima facie case in court, he or she shall

18  issue a certificate so stating to the tax collector. If

19  payment of the dishonored check, draft, or other written

20  order, together with court costs expended, is not received in

21  full by the county tax collector within 30 days after service

22  of the warrant, 30 days after conviction, or 60 days after the

23  collector swears out the complaint or receives the certificate

24  of the state attorney, whichever is first, the county tax

25  collector shall make a written report to this effect to the

26  Department of Highway Safety and Motor Vehicles relative to

27  airplanes and motor vehicles and vessels, to the Department of

28  Environmental Protection relative to boats, to the Department

29  of Revenue relative to occupational licenses and the sales and

30  use tax, to the Division of Alcoholic Beverages and Tobacco of

31  the Department of Business and Professional Regulation


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  1  relative to beverage licenses, or to the Game and Fresh Water

  2  Fish Commission relative to hunting and fishing licenses,

  3  containing a statement of the amount remaining unpaid on the

  4  worthless check or draft. If the information is not signed,

  5  the certificate of the state attorney is issued, and the

  6  written report of the amount remaining unpaid is made, the

  7  county tax collector may request the sum be forthwith refunded

  8  by the appropriate governmental entity, agency, or department.

  9  If a warrant has been issued and served, he or she shall

10  certify to that effect, together with the court costs and

11  amount remaining unpaid on the check. The county tax collector

12  may request that the sum of money certified by him or her be

13  forthwith refunded by the Department of Highway Safety and

14  Motor Vehicles, the Department of Environmental Protection,

15  the Department of Revenue, the Division of Alcoholic Beverages

16  and Tobacco of the Department of Business and Professional

17  Regulation, or the Game and Fresh Water Fish Commission to the

18  county tax collector. Within 30 days after receipt of the

19  request, the Department of Highway Safety and Motor Vehicles,

20  the Department of Environmental Protection, the Department of

21  Revenue, the Division of Alcoholic Beverages and Tobacco of

22  the Department of Business and Professional Regulation, or the

23  Game and Fresh Water Fish Commission, upon being satisfied as

24  to the correctness of the certificate of the tax collector, or

25  the report, shall refund to the county tax collector the sums

26  of money so certified or reported. If any officer of any court

27  issuing the warrant is unable to serve it within 60 days after

28  the issuance and delivery of it to the officer for service,

29  the officer shall make a written return to the county tax

30  collector to this effect. Thereafter, the county tax collector

31  may certify that the warrant has been issued and that service


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  1  has not been had upon the defendant and further certify the

  2  amount of the worthless check or draft and the amount of court

  3  costs expended by the county tax collector, and the county tax

  4  collector may file the certificate with the Department of

  5  Highway Safety and Motor Vehicles relative to motor vehicles

  6  and vessels airplanes, with the Department of Environmental

  7  Protection relative to boats, with the Department of Revenue

  8  relative to occupational licenses and the sales and use tax,

  9  with the Division of Alcoholic Beverages and Tobacco of the

10  Department of Business and Professional Regulation relative to

11  beverage licenses, or with the Game and Fresh Water Fish

12  Commission relative to hunting and fishing licenses, together

13  with a request that the sums of money so certified be

14  forthwith refunded by the Department of Highway Safety and

15  Motor Vehicles, the Department of Environmental Protection,

16  the Department of Revenue, the Division of Alcoholic Beverages

17  and Tobacco of the Department of Business and Professional

18  Regulation, or the Game and Fresh Water Fish Commission to the

19  county tax collector, and within 30 days after receipt of the

20  request, the Department of Highway Safety and Motor Vehicles,

21  the Department of Environmental Protection, the Department of

22  Revenue, the Division of Alcoholic Beverages and Tobacco of

23  the Department of Business and Professional Regulation, or the

24  Game and Fresh Water Fish Commission, upon being satisfied as

25  to the correctness of the certificate, shall refund the sums

26  of money so certified to the county tax collector.

27         Section 69.  Paragraph (a) of subsection (2) of section

28  932.701, Florida Statutes, is amended to read:

29         932.701  Short title; definitions.--

30         (2)  As used in the Florida Contraband Forfeiture Act:

31         (a)  "Contraband article" means:


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  1         1.  Any controlled substance as defined in chapter 893

  2  or any substance, device, paraphernalia, or currency or other

  3  means of exchange that was used, was attempted to be used, or

  4  was intended to be used in violation of any provision of

  5  chapter 893, if the totality of the facts presented by the

  6  state is clearly sufficient to meet the state's burden of

  7  establishing probable cause to believe that a nexus exists

  8  between the article seized and the narcotics activity, whether

  9  or not the use of the contraband article can be traced to a

10  specific narcotics transaction.

11         2.  Any gambling paraphernalia, lottery tickets, money,

12  currency, or other means of exchange which was used, was

13  attempted, or intended to be used in violation of the gambling

14  laws of the state.

15         3.  Any equipment, liquid or solid, which was being

16  used, is being used, was attempted to be used, or intended to

17  be used in violation of the beverage or tobacco laws of the

18  state.

19         4.  Any motor fuel upon which the motor fuel tax has

20  not been paid as required by law.

21         5.  Any personal property, including, but not limited

22  to, any vessel, aircraft, item, object, tool, substance,

23  device, weapon, machine, vehicle of any kind, money,

24  securities, books, records, research, negotiable instruments,

25  or currency, which was used or was attempted to be used as an

26  instrumentality in the commission of, or in aiding or abetting

27  in the commission of, any felony, whether or not comprising an

28  element of the felony, or which is acquired by proceeds

29  obtained as a result of a violation of the Florida Contraband

30  Forfeiture Act.

31


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  1         6.  Any real property, including any right, title,

  2  leasehold, or other interest in the whole of any lot or tract

  3  of land, which was used, is being used, or was attempted to be

  4  used as an instrumentality in the commission of, or in aiding

  5  or abetting in the commission of, any felony, or which is

  6  acquired by proceeds obtained as a result of a violation of

  7  the Florida Contraband Forfeiture Act.

  8         7.  Any personal property, including, but not limited

  9  to, equipment, money, securities, books, records, research,

10  negotiable instruments, currency, or any vessel, aircraft,

11  item, object, tool, substance, device, weapon, machine, or

12  vehicle of any kind in the possession of or belonging to any

13  person who takes aquaculture products in violation of s.

14  812.014(2)(c).

15         8.  Any motor vehicle offered for sale in violation of

16  s. 320.28.

17         Section 70.  For the purpose of incorporating the

18  amendment to section 932.701(2)(a), Florida Statutes, in

19  references thereto, subsection (6) of section 705.101, Florida

20  Statutes, and subsection (4) of section 932.703, Florida

21  Statutes, is reenacted to read:

22         705.101  Definitions.--As used in this chapter:

23         (6)  "Unclaimed evidence" means any tangible personal

24  property, including cash, not included within the definition

25  of "contraband article," as provided in s. 932.701(2), which

26  was seized by a law enforcement agency, was intended for use

27  in a criminal or quasi-criminal proceeding, and is retained by

28  the law enforcement agency or the clerk of the county or

29  circuit court for 60 days after the final disposition of the

30  proceeding and to which no claim of ownership has been made.

31


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  1         932.703  Forfeiture of contraband article;

  2  exceptions.--

  3         (4)  In any incident in which possession of any

  4  contraband article defined in s. 932.701(2)(a) constitutes a

  5  felony, the vessel, motor vehicle, aircraft, other personal

  6  property, or real property in or on which such contraband

  7  article is located at the time of seizure shall be contraband

  8  subject to forfeiture.  It shall be presumed in the manner

  9  provided in s. 90.302(2) that the vessel, motor vehicle,

10  aircraft, other personal property, or real property in which

11  or on which such contraband article is located at the time of

12  seizure is being used or was attempted or intended to be used

13  in a manner to facilitate the transportation, carriage,

14  conveyance, concealment, receipt, possession, purchase, sale,

15  barter, exchange, or giving away of a contraband article

16  defined in s. 932.701(2).

17         Section 71.  Section 14 of chapter 98-223, Laws of

18  Florida, is repealed.

19         Section 72.  This act shall take effect upon becoming a

20  law.

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