CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Transportation & Economic Development

12  Appropriations offered the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Paragraph (r) is added to subsection (7) of

19  section 213.053, Florida Statutes, to read:

20         213.053  Confidentiality and information sharing.--

21         (7)  Notwithstanding any other provision of this

22  section, the department may provide:

23         (r)  Names, addresses, and federal employer

24  identification numbers, or such similar identifiers, to the

25  Department of Highway Safety and Motor Vehicles for use in the

26  conduct of its official business.

27

28  Disclosure of information under this subsection shall be

29  pursuant to a written agreement between the executive director

30  and the agency.  Such agencies, governmental or

31  nongovernmental, shall be bound by the same requirements of

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  confidentiality as the Department of Revenue.  Breach of

 2  confidentiality is a misdemeanor of the first degree,

 3  punishable as provided by s. 775.082 or s. 775.083.

 4         Section 2.  Subsection (1) of section 234.02, Florida

 5  Statutes, is amended to read:

 6         234.02  Safety and health of pupils.--Maximum regard

 7  for safety and adequate protection of health are primary

 8  requirements that must be observed by school boards in routing

 9  buses, appointing drivers, and providing and operating

10  equipment, in accordance with all requirements of law and

11  regulations of the commissioner in providing transportation

12  pursuant to s. 234.01:

13         (1)  School boards shall use school buses, as defined

14  in s. 234.051, for all regular transportation.  Regular

15  transportation or regular use means transportation of students

16  to and from school or school-related activities that are part

17  of a scheduled series or sequence of events to the same

18  location. "Students" means, for the purposes of this section,

19  students enrolled in the public schools in prekindergarten

20  programs through grade 12.  School boards may regularly use

21  motor vehicles other than school buses only under the

22  following conditions:

23         (a)  When the transportation is for physically

24  handicapped or isolated students and the district has elected

25  to provide for the transportation of the student through

26  written or oral contracts or agreements.

27         (b)  When the transportation is a part of a

28  comprehensive contract for a specialized educational program

29  between a school board and a service provider who provides

30  instruction, transportation, and other services.

31         (c)  When the transportation is provided through a

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  public transit system.

 2         (d)  When the transportation of students is necessary

 3  or practical in a motor vehicle owned or operated by a school

 4  board other than a school bus, and such transportation must be

 5  is provided in designated seating positions in a passenger car

 6  not to exceed 8 students or in a multipurpose passenger

 7  vehicle any other motor vehicle designed to transport 10 or

 8  fewer persons which meets all applicable federal motor vehicle

 9  safety standards for passenger cars. Multipurpose passenger

10  vehicles classified as utility vehicles with a wheelbase of

11  110 inches or less which are required by federal motor vehicle

12  standards to display a rollover warning label may not be used.

13

14  When students are transported in motor vehicles, the occupant

15  crash protection system provided by the vehicle manufacturer

16  must be used unless the student's physical condition prohibits

17  such use.

18         Section 3.  Section 316.0775 Florida Statutes is

19  amended to read:

20         316.0775 Interference with official traffic control

21  devices or railroad signs or signals.--No person shall,

22  without lawful authority, attempt to or in fact alter, deface,

23  injure, knock down or remove any official traffic control

24  device or any railroad sign or signal or any inscription,

25  shield or insignia thereon, or any other part thereof.  A

26  violation of this section is a criminal violation, pursuant to

27  s. 318.17 and shall be punishable as set forth in s. 806.13

28  related to criminal mischief and graffiti, beginning on or

29  after July 1, 2000 noncriminal traffic infraction, punishable

30  as provided in chapter 318.

31         Section 4.  Subsection (6) of section 316.193, Florida

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  Statutes, is amended to read:

 2         316.193  Driving under the influence; penalties.--

 3         (6)  With respect to any person convicted of a

 4  violation of subsection (1), regardless of any penalty imposed

 5  pursuant to subsection (2), subsection (3), or subsection (4):

 6         (a)  For the first conviction, the court shall place

 7  the defendant on probation for a period not to exceed 1 year

 8  and, as a condition of such probation, shall order the

 9  defendant to participate in public service or a community work

10  project for a minimum of 50 hours; or the court may order

11  instead, that any defendant pay an additional fine of $10 for

12  each hour of public service or community work otherwise

13  required, if, after consideration of the residence or location

14  of the defendant at the time public service or community work

15  is required, payment of the fine is in the best interests of

16  the state. However, the total period of probation and

17  incarceration may not exceed 1 year. The court must also, as a

18  condition of probation, order the impoundment or

19  immobilization of the vehicle that was operated by or in the

20  actual control of the defendant or any one vehicle registered

21  in the defendant's name at the time of impoundment or

22  immobilization, for a period of 10 days or for the unexpired

23  term of any lease or rental agreement that expires within 10

24  days. The impoundment or immobilization must not occur

25  concurrently with the incarceration of the defendant.  The

26  impoundment or immobilization order may be dismissed in

27  accordance with paragraph (e), paragraph (f), or paragraph

28  (g), or paragraph (h).

29         (b)  For the second conviction for an offense that

30  occurs within a period of 5 years after the date of a prior

31  conviction for violation of this section, the court shall

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  order imprisonment for not less than 10 days. The court must

 2  also, as a condition of probation, order the impoundment or

 3  immobilization of all vehicles owned by the defendant the

 4  vehicle that was operated by or in the actual control of the

 5  defendant or any one vehicle registered in the defendant's

 6  name at the time of impoundment or immobilization, for a

 7  period of 30 days or for the unexpired term of any lease or

 8  rental agreement that expires within 30 days. The impoundment

 9  or immobilization must not occur concurrently with the

10  incarceration of the defendant and must occur concurrently

11  with the driver's license revocation imposed under s.

12  322.28(2)(a)2.  The impoundment or immobilization order may be

13  dismissed in accordance with paragraph (e), paragraph (f), or

14  paragraph (g), or paragraph (h).  At least 48 hours of

15  confinement must be consecutive.

16         (c)  For the third or subsequent conviction for an

17  offense that occurs within a period of 10 years after the date

18  of a prior conviction for violation of this section, the court

19  shall order imprisonment for not less than 30 days. The court

20  must also, as a condition of probation, order the impoundment

21  or immobilization of all vehicles owned by the defendant the

22  vehicle that was operated by or in the actual control of the

23  defendant or any one vehicle registered in the defendant's

24  name at the time of impoundment or immobilization, for a

25  period of 90 days or for the unexpired term of any lease or

26  rental agreement that expires within 90 days. The impoundment

27  or immobilization must not occur concurrently with the

28  incarceration of the defendant and must occur concurrently

29  with the driver's license revocation imposed under s.

30  322.28(2)(a)3.  The impoundment or immobilization order may be

31  dismissed in accordance with paragraph (e), paragraph (f), or

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  paragraph (g), or paragraph (h). At least 48 hours of

 2  confinement must be consecutive.

 3         (d)  The court must at the time of sentencing the

 4  defendant issue an order for the impoundment or immobilization

 5  of a vehicle. Within 7 business days after the date that the

 6  court issues the order of impoundment or immobilization, the

 7  clerk of the court must send notice by certified mail, return

 8  receipt requested, to the registered owner of each vehicle, if

 9  the registered owner is a person other than the defendant, and

10  to each person of record claiming a lien against the vehicle.

11         (e)  A person who owns but was not operating the

12  vehicle when the offense occurred may submit to the court a

13  police report indicating that the vehicle was stolen at the

14  time of the offense or documentation of having purchased the

15  vehicle after the offense was committed from an entity other

16  than the defendant or the defendant's agent. If the court

17  finds that the vehicle was stolen or that the sale was not

18  made to circumvent the order and allow the defendant continued

19  access to the vehicle, the order must be dismissed and the

20  owner of the vehicle will incur no costs. If the court denies

21  the request to dismiss the order of impoundment or

22  immobilization, the petitioner may request an evidentiary

23  hearing.

24         (f)  A person who owns but was not operating the

25  vehicle when the offense occurred, and whose vehicle was

26  stolen or who purchased the vehicle after the offense was

27  committed directly from the defendant or the defendant's

28  agent, may request an evidentiary hearing to determine whether

29  the impoundment or immobilization should occur. If the court

30  finds that either the vehicle was stolen or the purchase was

31  made without knowledge of the offense, that the purchaser had

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  no relationship to the defendant other than through the

 2  transaction, and that such purchase would not circumvent the

 3  order and allow the defendant continued access to the vehicle,

 4  the order must be dismissed and the owner of the vehicle will

 5  incur no costs.

 6         (g)  The court shall also dismiss the order of

 7  impoundment or immobilization of the vehicle if the court

 8  finds that the family of the owner of the vehicle has no other

 9  private or public means of transportation.

10         (h)  The court may also dismiss the order of

11  impoundment or immobilization of any vehicles that are owned

12  by the defendant but that are operated solely by the employees

13  of the defendant or any business owned by the defendant.

14         (i)(h)  All costs and fees for the impoundment or

15  immobilization, including the cost of notification, must be

16  paid by the owner of the vehicle or, if the vehicle is leased

17  or rented, by the person leasing or renting the vehicle,

18  unless the impoundment or immobilization order is dismissed.

19  All provisions of s. 713.78 shall apply.

20         (j)(i)  The person who owns a vehicle that is impounded

21  or immobilized under this paragraph, or a person who has a

22  lien of record against such a vehicle and who has not

23  requested a review of the impoundment pursuant to paragraph

24  (e), paragraph (f), or paragraph (g), may, within 10 days

25  after the date that person has knowledge of the location of

26  the vehicle, file a complaint in the county in which the owner

27  resides to determine whether the vehicle was wrongfully taken

28  or withheld from the owner or lienholder. Upon the filing of a

29  complaint, the owner or lienholder may have the vehicle

30  released by posting with the court a bond or other adequate

31  security equal to the amount of the costs and fees for

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  impoundment or immobilization, including towing or storage, to

 2  ensure the payment of such costs and fees if the owner or

 3  lienholder does not prevail. When the bond is posted and the

 4  fee is paid as set forth in s. 28.24, the clerk of the court

 5  shall issue a certificate releasing the vehicle. At the time

 6  of release, after reasonable inspection, the owner or

 7  lienholder must give a receipt to the towing or storage

 8  company indicating any loss or damage to the vehicle or to the

 9  contents of the vehicle.

10         (k)(j)  A defendant, in the court's discretion, may be

11  required to serve all or any portion of a term of imprisonment

12  to which the defendant has been sentenced pursuant to this

13  section in a residential alcoholism treatment program or a

14  residential drug abuse treatment program. Any time spent in

15  such a program must be credited by the court toward the term

16  of imprisonment.

17

18  For the purposes of this section, any conviction for a

19  violation of s. 327.35; a previous conviction for the

20  violation of former s. 316.1931, former s. 860.01, or former

21  s. 316.028; or a previous conviction outside this state for

22  driving under the influence, driving while intoxicated,

23  driving with an unlawful blood-alcohol level, driving with an

24  unlawful breath-alcohol level, or any other similar

25  alcohol-related or drug-related traffic offense, is also

26  considered a previous conviction for violation of this

27  section. However, in satisfaction of the fine imposed pursuant

28  to this section, the court may, upon a finding that the

29  defendant is financially unable to pay either all or part of

30  the fine, order that the defendant participate for a specified

31  additional period of time in public service or a community

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  work project in lieu of payment of that portion of the fine

 2  which the court determines the defendant is unable to pay. In

 3  determining such additional sentence, the court shall consider

 4  the amount of the unpaid portion of the fine and the

 5  reasonable value of the services to be ordered; however, the

 6  court may not compute the reasonable value of services at a

 7  rate less than the federal minimum wage at the time of

 8  sentencing.

 9         Section 5.  Subsection (5) of section 316.1935, Florida

10  Statutes, is amended to read:

11         316.1935 Fleeing or attempting to elude a law

12  enforcement officer; aggravated fleeing and eluding.--

13         (5)(a) The court may revoke, for a period not to exceed

14  1 year, the driver's license of any operator of a motor

15  vehicle convicted of a violation of subsection (1).

16         (b) The court shall revoke, for a period of not less

17  than 1 year and not more than 5 years, the driver's license of

18  any operator of a motor vehicle convicted of a violation of

19  subsection (2) or subsection (3).

20         (c) The court shall revoke, for a period of not less

21  than 5 years and not more than 25 years, the driver's license

22  of any operator of a motor vehicle convicted of a violation of

23  subsection (4).  The period of revocation shall begin upon

24  release from imprisonment.

25  The court may revoke, for a period not to exceed 1 year, the

26  driver's license of any operator of a motor vehicle convicted

27  of a violation of subsection (1), subsection (2), subsection

28  (3), or subsection (4).

29         (6) A person whose driving privilege has been revoked

30  under this section may petition the department for

31  reinstatement of his or her driving privilege on a restricted

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  basis solely for business or employment purposes as provided

 2  in s. 322.271(1)(b).

 3         Section 6.  Subsections (1) and (2) of section

 4  316.1936, Florida Statutes, are amended to read:

 5         316.1936  Possession of open containers of alcoholic

 6  beverages in vehicles prohibited; penalties.--

 7         (1)  As used in this section, the term:

 8         (a)  "Open container" means any container of alcoholic

 9  beverage which is immediately capable of being consumed from,

10  or the seal of which has been broken.

11         (b)  "Road" means a way open to travel by the public,

12  including, but not limited to, a street, highway, or alley.

13  The term includes associated sidewalks, the roadbed, the

14  right-of-way, and all culverts, drains, sluices, ditches,

15  water storage areas, embankments, slopes, retaining walls,

16  bridges, tunnels, and viaducts necessary for the maintenance

17  of travel and all ferries used in connection therewith.

18         (2)(a)  It is unlawful and punishable as provided in

19  this section for any person to possess an open container of an

20  alcoholic beverage or consume an alcoholic beverage while

21  operating a vehicle in the state or while a passenger in or on

22  a vehicle being operated in the state.

23         (b)  It is unlawful and punishable as provided in this

24  section for any person to possess an open container of an

25  alcoholic beverage or consume an alcoholic beverage while

26  seated in or on a motor vehicle that is parked or stopped

27  within a road as defined in this section.

28         Section 7.  Section 316.212, Florida Statutes, is

29  amended to read:

30         316.212  Operation of golf carts on certain

31  roadways.--The operation of a golf cart upon the public roads

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  or streets of this state is prohibited except as provided

 2  herein:

 3         (1)  A golf cart may be operated only upon a county

 4  road that has been designated by a county, or a city street

 5  that has been designated by a city, for use by golf carts.

 6  Prior to making such a designation, the responsible local

 7  governmental entity must first determine that golf carts may

 8  safely travel on or cross the public road or street,

 9  considering factors including the speed, volume, and character

10  of motor vehicle traffic using the road or street. Upon a

11  determination that golf carts may be safely operated on a

12  designated road or street, the responsible governmental entity

13  shall post appropriate signs to indicate that such operation

14  is allowed.

15         (2)  A golf cart may be operated on a part of the State

16  Highway System only under the following conditions:

17         (a)  To cross a portion of the State Highway System

18  which intersects a county road or city street that has been

19  designated for use by golf carts if the Department of

20  Transportation has reviewed and approved the location and

21  design of the crossing and any traffic control devices needed

22  for safety purposes.

23         (b)  To cross, at midblock, a part of the State Highway

24  System where a golf course is constructed on both sides of the

25  highway if the Department of Transportation has reviewed and

26  approved the location and design of the crossing and any

27  traffic control devices needed for safety purposes.

28         (c)  A golf cart may be operated on a state road that

29  has been designated for transfer to a local government unit

30  pursuant to s. 335.0415 if the Department of Transportation

31  determines that the operation of a golf cart within the

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  right-of-way of the road will not impede the safe and

 2  efficient flow of motor vehicular traffic. The department may

 3  authorize the operation of golf carts on such a road if:

 4         1.  The road is the only available public road along

 5  which golf carts may travel or cross or the road provides the

 6  safest travel route among alternative routes available; and

 7         2.  The speed, volume, and character of motor vehicular

 8  traffic using the road is considered in making such a

 9  determination.

10

11  Upon its determination that golf carts may be operated on a

12  given road, the department shall post appropriate signs on the

13  road to indicate that such operation is allowed.

14         (3)  Any other provision of this section to the

15  contrary notwithstanding, a golf cart may be operated for the

16  purpose of crossing a street or highway where a single mobile

17  home park is located on both sides of the street or highway

18  and is divided by that street or highway, provided that the

19  governmental entity having original jurisdiction over such

20  street or highway shall review and approve the location of the

21  crossing and require implementation of any traffic controls

22  needed for safety purposes. This subsection shall apply only

23  to residents or guests of the mobile home park. Any other

24  provision of law to the contrary notwithstanding, if notice is

25  posted at the entrance and exit to any mobile home park that

26  residents of the park utilize golf carts or electric vehicles

27  within the confines of the park it shall not be necessary that

28  the park have a gate or other device at the entrance and exit

29  in order for such golf carts or electric vehicles to be

30  lawfully operated in the park.

31         (4)  A golf cart may be operated only during the hours

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  between sunrise and sunset, unless the responsible

 2  governmental entity has determined that a golf cart may be

 3  operated during the hours between sunset and sunrise and the

 4  golf cart is equipped with headlights, brake lights, turn

 5  signals, and a windshield.

 6         (5)  A golf cart must be equipped with efficient

 7  brakes, reliable steering apparatus, safe tires, a rearview

 8  mirror, and red reflectorized warning devices in both the

 9  front and rear.

10         (6)  A golf cart may not be operated on public roads or

11  streets by any person under the age of 14.

12         (7)(6)  A violation of this section is a noncriminal

13  traffic infraction, punishable pursuant to chapter 318 as

14  either a moving violation for infractions of subsection (1),

15  subsection (2), subsection (3), or subsection (4), or as a

16  nonmoving violation for infractions of subsections subsection

17  (5) and (6).

18         Section 8.  Subsection (1) of section 316.2125, Florida

19  Statutes, is amended to read:

20         316.2125  Operation of golf carts within a retirement

21  community.--

22         (1)  Notwithstanding the provisions of s. 316.212, the

23  reasonable operation of a golf cart, equipped and operated as

24  provided in s. 316.212(4), (5), and (6) s. 316.212(5), within

25  any self-contained retirement community is permitted unless

26  prohibited under subsection (2).

27         Section 9.  Subsection (1) of section 316.220, Florida

28  Statutes, is amended to read:

29         316.220  Headlamps on motor vehicles.--

30         (1)  Every motor vehicle shall be equipped with at

31  least two headlamps with at least one on each side of the

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  front of the motor vehicle, which headlamps shall comply with

 2  the requirements and limitations set forth in this chapter,

 3  and shall show a white light. An object, material, or covering

 4  that alters the headlamp's light color may not be placed,

 5  displayed, installed, affixed, or applied over a headlamp.

 6         Section 10.  Subsection (1) of section 316.221, Florida

 7  Statutes, is amended to read:

 8         316.221  Taillamps.--

 9         (1)  Every motor vehicle, trailer, semitrailer, and

10  pole trailer, and any other vehicle which is being drawn at

11  the end of a combination of vehicles, shall be equipped with

12  at least two taillamps mounted on the rear, which, when

13  lighted as required in s. 316.217, shall emit a red light

14  plainly visible from a distance of 1,000 feet to the rear,

15  except that passenger cars and pickup trucks manufactured or

16  assembled prior to January 1, 1972, which were originally

17  equipped with only one taillamp shall have at least one

18  taillamp.  On a combination of vehicles, only the taillamps on

19  the rearmost vehicle need actually be seen from the distance

20  specified.  On vehicles equipped with more than one taillamp,

21  the lamps shall be mounted on the same level and as widely

22  spaced laterally as practicable. An object, material, or

23  covering that alters the taillamp's visibility from 1,000 feet

24  may not be placed, displayed, installed, affixed, or applied

25  over a taillamp.

26         Section 11.  Section 316.228, Florida Statutes, is

27  amended to read:

28         316.228  Lamps or flags on projecting load.--

29         (1)  Except as provided in subsection (2), whenever the

30  load upon any vehicle extends to the rear 4 feet or more

31  beyond the bed or body of such vehicle, there shall be

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  displayed at the extreme rear end of the load, at the times

 2  specified in s. 316.217, two red lamps visible from a distance

 3  of at least 500 feet to the rear, two red reflectors visible

 4  at night from all distances within 600 feet to 100 feet to the

 5  rear when directly in front of lawful lower beams of headlamps

 6  and located so as to indicate maximum width, and on each side

 7  one red lamp visible from a distance of at least 500 feet to

 8  the side and located so as to indicate maximum

 9  overhang.  There shall be displayed at all other times on any

10  vehicle having a load which extends beyond its sides or more

11  than 4 feet beyond its rear, red flags, not less than 12

12  inches square, marking the extremities of such load, at each

13  point where a lamp would otherwise be required by this

14  section.  A violation of this section is a noncriminal traffic

15  infraction punishable as a nonmoving violation as provided in

16  chapter 318.

17         (2)  Any motor vehicle or trailer, except as stated in

18  s. 316.515(7), transporting a load of logs, long pulpwood,

19  poles, or posts which extend more than 4 feet beyond the rear

20  of the body or bed of such vehicle must have securely fixed as

21  close as practical to the end of any such projection one amber

22  strobe-type lamp equipped with a multidirectional type lens so

23  mounted as to be visible from the rear and both sides of the

24  projecting load.  The strobe lamp must flash at a rate of at

25  least 60 flashes per minute and must be plainly visible from a

26  distance of at least 500 feet to the rear and sides of the

27  projecting load at any time of the day or night.  The lamp

28  must be operating at any time of the day or night when the

29  vehicle is operated on any highway or parked on the shoulder

30  or immediately adjacent to the traveled portion of any public

31  roadway.

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1         Section 12.  Subsections (1) and (2) of section

 2  316.234, Florida Statutes, are amended to read:

 3         316.234  Signal lamps and signal devices.--

 4         (1)  Any vehicle may be equipped and, when required

 5  under this chapter, shall be equipped with a stop lamp or

 6  lamps on the rear of the vehicle which shall display a red or

 7  amber light, visible from a distance of not less than 300 feet

 8  to the rear in normal sunlight, and which shall be actuated

 9  upon application of the service (foot) brake, and which may

10  but need not be incorporated with one or more other rear

11  lamps. An object, material, or covering that alters the stop

12  lamp's visibility from 300 feet to the rear in normal sunlight

13  may not be placed, displayed, installed, affixed, or applied

14  over a stop lamp.

15         (2)  Any vehicle may be equipped and, when required

16  under s. 316.222(2), shall be equipped with electric turn

17  signals which shall indicate an intention to turn by flashing

18  lights showing to the front and rear of a vehicle or on a

19  combination of vehicles on the side of the vehicle or

20  combination toward which the turn is to be made.  The lamps

21  showing to the front shall be mounted on the same level and as

22  widely spaced laterally as practicable and, when signaling,

23  shall emit white or amber light. The lamps showing to the rear

24  shall be mounted on the same level and as widely spaced

25  laterally as practicable, and, when signaling, shall emit a

26  red or amber light.  Turn signal lamps on vehicles 80 inches

27  or more in overall width shall be visible from a distance of

28  not less than 500 feet to the front and rear in normal

29  sunlight, and an object, material, or covering that alters the

30  lamp's visibility from a distance of 500 feet to the front or

31  rear in normal sunlight may not be placed, displayed,

                                  16

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  installed, affixed, or applied over a turn signal lamp. Turn

 2  signal lamps on vehicles less than 80 inches wide shall be

 3  visible at a distance of not less than 300 feet to the front

 4  and rear in normal sunlight, and an object, material, or

 5  covering that alters the lamp's visibility from a distance of

 6  300 feet to the front or rear in normal sunlight may not be

 7  placed, displayed, installed, affixed, or applied over a turn

 8  signal lamp.  Turn signal lamps may, but need not be,

 9  incorporated in other lamps on the vehicle.

10         Section 13.  Subsection (1) of section 316.237, Florida

11  Statutes, is amended to read:

12         316.237  Multiple-beam road-lighting equipment.--

13         (1)  Except as hereinafter provided, the headlamps or

14  the auxiliary driving lamp or the auxiliary passing lamp or

15  combination thereof on motor vehicles shall be so arranged

16  that the driver may select at will between distributions of

17  light projected to different elevations and such lamps may, in

18  addition, be so arranged that such selection can be made

19  automatically, subject to the following limitations:

20         (a)  There shall be an uppermost distribution of light,

21  or composite beam, so aimed and of such intensity as to reveal

22  persons and vehicles at a distance of at least 450 feet ahead

23  for all conditions of loading.

24         (b)  There shall be a lowermost distribution of light,

25  or composite beam, so aimed and of sufficient intensity to

26  reveal persons and vehicles at a distance of at least 150 feet

27  ahead; and on a straight level road under any condition of

28  loading none of the high intensity portion of the beam shall

29  be directed to strike the eyes of an approaching driver.

30

31  An object, material, or covering that alters the headlamp's

                                  17

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  visibility from at least 450 feet for an uppermost

 2  distribution of light or at least 150 feet for a lowermost

 3  distribution of light may not be placed, displayed, installed,

 4  affixed, or applied over a headlamp.

 5         Section 14.  Section 316.29545, Florida Statutes, is

 6  amended to read:

 7         316.29545 Window sunscreening exclusions; medical

 8  exemption; certain law enforcement vehicles exempt.--

 9         (1)  The department shall issue medical exemption

10  certificates to persons who are afflicted with Lupus or

11  similar medical conditions which require a limited exposure to

12  light, which certificates shall entitle the person to whom the

13  certificate is issued to have sunscreening material on the

14  windshield, side windows, and windows behind the driver which

15  is in violation of the requirements of

16  ss.316.2951-316.2957.  The department shall provide, by rule,

17  for the form of the medical certificate authorized by this

18  section.  At a minimum, the medical exemption certificate

19  shall include a vehicle description with the make, model,

20  year, vehicle identification number, medical exemption decal

21  number issued for the vehicle, and the name of the person or

22  persons who are the registered owners of the vehicle.  A

23  medical exemption certificate shall be nontransferable and

24  shall become null and void upon the sale or transfer of the

25  vehicle identified on the certificate.

26         (2)  The department shall exempt all law enforcement

27  vehicles used in undercover or canine operations from the

28  window sunscreening requirements of ss. 316.2951-316.2957.

29         (3)  The department may charge a fee in an amount

30  sufficient to defray the expenses of issuing a medical

31  exemption certificate as described in subsection (1).

                                  18

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1         Section 15.  Paragraph (a) of subsection (3) of section

 2  316.515, Florida Statutes, is amended to read:

 3         316.515  Maximum width, height, length.--

 4         (3)  LENGTH LIMITATION.--Except as otherwise provided

 5  in this section, length limitations apply solely to a

 6  semitrailer or trailer, and not to a truck tractor or to the

 7  overall length of a combination of vehicles.  No combination

 8  of commercial motor vehicles coupled together and operating on

 9  the public roads may consist of more than one truck tractor

10  and two trailing units. Unless otherwise specifically provided

11  for in this section, a combination of vehicles not qualifying

12  as commercial motor vehicles may consist of no more than two

13  units coupled together; such nonqualifying combination of

14  vehicles may not exceed a total length of 65 feet, inclusive

15  of the load carried thereon, but exclusive of safety and

16  energy conservation devices approved by the department for use

17  on vehicles using public roads. Notwithstanding any other

18  provision of this section, a truck tractor-semitrailer

19  combination engaged in the transportation of automobiles or

20  boats may transport motor vehicles or boats on part of the

21  power unit; and, except as may otherwise be mandated under

22  federal law, an automobile or boat transporter semitrailer may

23  not exceed 50 feet in length, exclusive of the load; however,

24  the load may extend up to an additional 6 feet beyond the rear

25  of the trailer.  The 50-feet length limitation does not apply

26  to non-stinger-steered automobile or boat transporters that

27  are 65 feet or less in overall length, exclusive of the load

28  carried thereon, or to stinger-steered automobile or boat

29  transporters that are 75 feet or less in overall length,

30  exclusive of the load carried thereon. For purposes of this

31  subsection, a "stinger-steered automobile or boat transporter"

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  is an automobile or boat transporter configured as a

 2  semitrailer combination wherein the fifth wheel is located on

 3  a drop frame located behind and below the rearmost axle of the

 4  power unit. Notwithstanding paragraphs (a) and (b), any

 5  straight truck or truck tractor-semitrailer combination

 6  engaged in the transportation of horticultural trees may allow

 7  the load to extend up to an additional 10 feet beyond the rear

 8  of the vehicle, provided said trees are resting against a

 9  retaining bar mounted above the truck bed so that the root

10  balls of the trees rest on the floor and to the front of the

11  truck bed and the tops of the trees extend up over and to the

12  rear of the truck bed, and provided the overhanging portion of

13  the load is covered with protective fabric.

14         (a)  Straight trucks.--No straight truck may exceed a

15  length of 40 feet in extreme overall dimension, exclusive of

16  safety and energy conservation devices approved by the

17  department for use on vehicles using public roads. A straight

18  truck may tow no more than one trailer, and such trailer may

19  not exceed a length of 28 feet. However, such trailer

20  limitation does not apply if the overall length of the

21  truck-trailer combination is 65 feet or less, including the

22  load thereon. Notwithstanding any other provisions of this

23  section, a truck-trailer combination engaged in the

24  transportation of boats, or boat trailers whose design

25  dictates a front-to-rear stacking method shall not exceed the

26  length limitations of this paragraph exclusive of the load;

27  however, the load may extend up to an additional 6 feet beyond

28  the rear of the trailer.

29         Section 16.  Subsection (2) of section 316.530, Florida

30  Statutes, is amended to read:

31         316.530  Towing requirements.--

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1         (2)  When a vehicle is towing a trailer or semitrailer

 2  on a public road or highway by means of a trailer hitch to the

 3  rear of the vehicle, there shall be attached in addition

 4  thereto safety chains, cables, or other safety devices that

 5  comply with 49 C.F.R. sub f 393.71(g)(2)(1) and 393.71(h)(10)

 6  from the trailer or semitrailer to the vehicle.  These safety

 7  chains, cables, or other safety devices shall be of sufficient

 8  strength to maintain connection of the trailer or semitrailer

 9  to the pulling vehicle under all conditions while the trailer

10  or semitrailer is being towed by the vehicle.  The provisions

11  of this subsection shall not apply to trailers or semitrailers

12  using a hitch known as a fifth wheel nor to farm equipment

13  traveling less than 20 miles per hour.

14         Section 17.  Subsection (4) of section 316.613, Florida

15  Statutes, is amended to read:

16         316.613  Child restraint requirements.--

17         (4)(a)  It is the legislative intent that all state,

18  county, and local law enforcement agencies, and safety

19  councils, in recognition of the problems with child death and

20  injury from unrestrained occupancy in motor vehicles, conduct

21  a continuing safety and public awareness campaign as to the

22  magnitude of the problem.

23         (b)  The department may authorize the expenditure of

24  funds for the purchase of promotional items as part of the

25  public information and education campaigns provided for in

26  this subsection, s. 316.614, s. 322.025, and s. 403.7145.

27         Section 18.  Subsection (1) of section 318.1451,

28  Florida Statutes, is amended to read:

29         318.1451  Driver improvement schools.--

30         (1)  The Department of Highway Safety and Motor

31  Vehicles shall approve the courses of all driver improvement

                                  21

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  schools, as the courses relate to ss. 318.14(9), 322.0261,

 2  322.095, and 322.291. The chief judge of the applicable

 3  judicial circuit may establish requirements regarding the

 4  location of schools within the judicial circuit. A person may

 5  engage in the business of operating a driver improvement

 6  school that offers department-approved courses related to ss.

 7  318.14(9), 322.0261, 322.095, and 322.291.

 8         Section 19.  Subsection (3) of section 319.17, Florida

 9  Statutes, is amended to read:

10         319.17  Rules; forms; indexes and records.--

11         (3)  The department shall maintain indexes of motor

12  vehicles and mobile homes by name of owner, by title number,

13  and by manufacturer's motor number or vehicle identification

14  number.  The department shall keep an electronic a permanent

15  record of notices of liens and satisfactions thereof. Such

16  indexes and records shall be open to the inspection of the

17  public at all reasonable times, except as provided in chapter

18  119.

19         Section 20.  Subsections (8), (9), and (10) of section

20  319.24, Florida Statutes, are amended to read:

21         319.24  Issuance in duplicate; delivery; liens and

22  encumbrances.--

23         (8)  The department shall not be required to retain on

24  file any bill of sale or duplicate thereof, notice of lien, or

25  satisfaction of lien covering any motor vehicle or mobile home

26  for a period longer than 7 years after the date of the filing

27  thereof; and thereafter the same may be destroyed.

28         (8)(9)  Notwithstanding any requirements in this

29  section or in s. 319.27 indicating that a lien on a motor

30  vehicle or mobile home shall be noted on the face of the

31  Florida certificate of title, if there are one or more liens

                                  22

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  or encumbrances on the motor vehicle or mobile home, the

 2  department may electronically transmit the lien to the first

 3  lienholder and notify the first lienholder of any additional

 4  liens.  Subsequent lien satisfactions may be electronically

 5  transmitted to the department and shall include the name and

 6  address of the person or entity satisfying the lien.  When

 7  electronic transmission of liens and lien satisfactions are

 8  used, the issuance of a certificate of title may be waived

 9  until the last lien is satisfied and a clear certificate of

10  title is issued to the owner of the vehicle.  In subsequent

11  transfer of ownership of the motor vehicle it shall be

12  presumed that the motor vehicle title is subject to a lien as

13  set forth in s. 319.225(6)(a) until the title to be issued

14  pursuant to this subsection is received by the person or

15  entity satisfying the lien.

16         (9)(10)  The department shall in the sending of any

17  notice only be required to use the last known address as shown

18  by its records.

19         Section 21.  Paragraph (b) of subsection (3) of section

20  319.30, Florida Statutes, is amended to read:

21         319.30 Definitions; dismantling, destruction, change of

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

23         (3)

24         (b) The owner of any motor vehicle or mobile home which

25  is considered to be salvage shall, within 72 hours after the

26  motor vehicle or mobile home becomes salvage, forward the

27  title to the motor vehicle or mobile home to the department

28  for processing.  However, an insurance company which pay money

29  as compensation for total loss of a motor vehicle or mobile

30  home shall obtain the certificate of title for the motor

31  vehicle or mobile home and, within 72 hours after receiving

                                  23

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  such certificate of title, shall forward such title to the

 2  department for processing.  The owner or insurance company, as

 3  the case may be, may not dispose of a vehicle or mobile home

 4  that is a total loss before it has obtained a salvage

 5  certificate of title or certificate of destruction from the

 6  department.  When applying for a salvage certificate of title

 7  or certificate of destruction, the owner or insurance company

 8  must provide the department with an estimate of the costs of

 9  repairing the physical and mechanical damage suffered by the

10  vehicle for which a salvage certificate of title or

11  certificate of destruction is sought.  If the estimated costs

12  of repairing the physical and mechanical damage to the vehicle

13  is equal to 80 percent or more of the current retail cost of

14  the vehicle, as established in any official used car or used

15  mobile home guide, the department shall declare the vehicle

16  unrebuildable and print a certificate of destruction, which

17  authorizes the dismantling or destruction of the motor vehicle

18  or mobile home described therein.  This certificate of

19  destruction shall be reassignable a maximum of two times

20  before dismantling or destruction of the vehicle shall be

21  required, and shall accompany the motor vehicle or mobile home

22  for which it is issued, when such motor vehicle or mobile home

23  is sold for such purposes, in lieu of a certificate of title

24  notice on the salvage certificate of title that the vehicle is

25  unrebuildable; and, thereafter, the department shall refuse

26  issuance of any certificate of title for that

27  vehicle.  Nothing in this subsection shall be applicable when

28  a vehicle is worth less than $1,500 retail in undamaged

29  condition in any official used motor vehicle guide or used

30  mobile home guide or when a stolen motor vehicle or mobile

31  home is recovered in substantially intact condition and is

                                  24

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  readily resalable without extensive repairs to or replacement

 2  of the frame or engine.  Any person who willfully and

 3  deliberately violates this paragraph or falsifies any document

 4  to avoid the requirements of this paragraph commits a

 5  misdemeanor of the first degree, punishable as provided in s.

 6  775.082 or s. 775.083.

 7         Section 22.  Subsection (2) of section 320.031, Florida

 8  Statutes, is amended to read:

 9         320.031  Mailing of registration certificates, license

10  plates, and validation stickers.--

11         (2)  A mail service charge may be collected for each

12  registration certificate, license plate, mobile home sticker,

13  and validation sticker mailed by the department or any tax

14  collector. Each registration certificate, license plate,

15  mobile home sticker, and validation sticker shall be mailed by

16  first-class mail unless otherwise requested by the applicant.

17  The amount of the mail service charge shall be the actual

18  postage required, rounded to the nearest 5 cents, plus a

19  25-cent handling charge.  The mail service charge is in

20  addition to the service charge provided by s. 320.04. All

21  charges collected by the department under this section shall

22  be deposited into the Highway Safety Operating Trust Fund.

23         Section 23.  Subsection (2) of section 320.04, Florida

24  Statutes, is amended, and subsection (3) is added to said

25  section to read:

26         320.04  Registration service charge.--

27         (2)  The service charges shall be collected by the

28  department on all applications handled directly from its

29  office; and the proceeds thereof, together with any fees

30  returned to it by the tax collector, shall be paid into the

31  Highway Safety Operating Trust General Revenue Fund. No tax

                                  25

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  collector, deputy tax collector, or employee of the state or

 2  any county shall charge, collect, or receive any fee or

 3  compensation for services performed as notary public in

 4  connection with or incidental to the issuance of license

 5  plates or titles. The provisions of this subsection and of s.

 6  116.38(2) prohibiting the charging, collecting, or receiving

 7  of notary public fees do not apply to any privately owned

 8  license plate agency appointed by the county manager of a

 9  charter county which has an appointed tax collector.

10         (3)  The department may absorb all or any portion of

11  any interchange, assessment, charge back, authorization or

12  settlement or equivalent fees charged by financial

13  institutions relating to a credit or debit card transaction.

14  The department may request approval to establish additional

15  budget authority to pay additional fees related to credit and

16  debit card transactions pursuant to s. 216.177.

17         Section 24.  Subsection (2) of section 320.05, Florida

18  Statutes, is amended to read:

19         320.05  Records of the department; inspection

20  procedure; lists and searches; fees.--

21         (2)  Upon receipt of an application for the

22  registration of a motor vehicle or mobile home, as herein

23  provided for, the department shall register the motor vehicle

24  or mobile home under the distinctive number assigned to such

25  motor vehicle or mobile home by the department. Electronic,

26  which registration records record shall be open to the

27  inspection of the public during business hours. Information on

28  a motor vehicle registration may not be made available to a

29  person unless the person requesting the information furnishes

30  positive proof of identification. The agency that furnishes a

31  motor vehicle registration record shall record the name and

                                  26

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  address of any person other than a representative of a law

 2  enforcement agency who requests and receives information from

 3  a motor vehicle registration record and shall also record the

 4  name and address of the person who is the subject of the

 5  inquiry or other information identifying the entity about

 6  which information is requested. A record of each such inquiry

 7  must be maintained for a period of 6 months from the date upon

 8  which the information was released to the inquirer. Nothing in

 9  this section shall prohibit any financial institution,

10  insurance company, motor vehicle dealer, licensee under

11  chapter 493, attorney, or other agency which the department

12  determines has the right to know from obtaining, for

13  professional or business use only, information in such records

14  from the department through any means of telecommunication

15  pursuant to a code developed by the department providing all

16  fees specified in subsection (3) have been paid. The

17  department shall disclose records or information to the child

18  support enforcement agency to assist in the location of

19  individuals who owe or potentially owe child support or to

20  whom such an obligation is owed pursuant to Title IV-D of the

21  Social Security Act.

22         Section 25.  Section 320.0605, Florida Statutes, is

23  amended to read:

24         320.0605  Certificate of registration; possession

25  required; exception.--The registration certificate or an

26  official copy thereof, a true copy of a rental or lease

27  agreement issued for a motor vehicle or issued for a

28  replacement vehicle in the same registration period, a

29  temporary receipt printed upon self-initiated electronic

30  renewal of a registration via the Internet, or a cab card

31  issued for a vehicle registered under the International

                                  27

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  Registration Plan shall, at all times while the vehicle is

 2  being used or operated on the roads of this state, be in the

 3  possession of the operator thereof or be carried in the

 4  vehicle for which issued and shall be exhibited upon demand of

 5  any authorized law enforcement officer or any agent of the

 6  department. The provisions of this section do not apply during

 7  the first 30 days after purchase of a replacement vehicle. A

 8  violation of this section is a noncriminal traffic infraction,

 9  punishable as a nonmoving violation as provided in chapter

10  318.

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

12  Florida Statutes, is amended to read:

13         320.08058  Specialty license plates.--

14         (29)  UNITED STATES MARINE CORPS LICENSE PLATES.--

15         (a)  The department shall develop a United States

16  Marine Corps license plate as provided in this section. The

17  word "Florida" must appear at the top center of the plate, and

18  the words "Marine Corps" "First to Fight" must appear at the

19  bottom center of the plate. The United States Marine Corps

20  logo, 3 inches in diameter, must appear on the left side

21  centered top to bottom of the plate in proper colors.

22         (b)  The department shall distribute the United States

23  Marine Corps license plate annual use fees in the following

24  manner:

25         1.  The first $50,000 collected annually shall be

26  deposited in the State Homes for Veterans Trust Fund and must

27  be used solely for the purpose of constructing, operating, and

28  maintaining domiciliary and nursing homes for veterans subject

29  to the requirements of chapter 216.

30         2.  Any additional fees collected annually shall be

31  deposited in the Marine Corps Scholarship Foundation, Inc.,

                                  28

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  successor to the USMC USMV Tag/Scholarship Fund, Inc., which

 2  shall use the fees to fund scholarships and assist Marine

 3  Corps Junior ROTC and Young Marine programs of this state. The

 4  foundation shall develop a plan to distribute the funds to

 5  recipients nominated by residents of the state to receive

 6  scholarships, and to the Marine Corps Junior ROTC and Young

 7  Marine programs in the state.

 8         Section 27.  Section 320.833, Florida Statutes, is

 9  amended to read:

10         320.833  Retention, destruction, and reproduction of

11  records; electronic retention.--Records and documents of the

12  Department of Highway Safety and Motor Vehicles, created in

13  compliance with, and in the implementation of, chapter 319 and

14  this chapter, shall be retained by the department as specified

15  in record retention schedules established under the general

16  provisions of chapter 119. Further, the department is hereby

17  authorized:

18         (1)  To destroy, or otherwise dispose of, those records

19  and documents, in conformity with the approved retention

20  schedules.

21         (2)  To photograph, microphotograph, or reproduce on

22  film, as authorized and directed by the approved retention

23  schedules, whereby each page will be exposed in exact

24  conformity with the original records and documents retained in

25  compliance with the provisions of this section.  Photographs

26  or microphotographs in the form of film or print of any

27  records, made in compliance with the provisions of this

28  section, shall have the same force and effect as the originals

29  thereof would have and shall be treated as originals for the

30  purpose of their admissibility in evidence.  Duly certified or

31  authenticated reproductions of such photographs or

                                  29

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  microphotographs shall be admitted in evidence equally with

 2  the original photographs or microphotographs.

 3         (3)  Beginning December 1, 2001, the department may

 4  maintain all records required or obtained in compliance with,

 5  and in the implementation of, chapter 319 and this chapter

 6  exclusively by electronic means.

 7         Section 28.  Section 320.865, Florida Statutes, is

 8  amended to read:

 9         320.865  Maintenance of records by the

10  department.--Beginning December 1, 2001, the department shall

11  maintain electronic uniform records of all complaints filed

12  against licensees licensed under the provisions of ss. 320.27,

13  320.61, 320.77, 320.771, and 320.8225, any other provision of

14  this chapter to the contrary notwithstanding. The records

15  shall contain all enforcement actions taken against licensees

16  and against unlicensed persons acting in a capacity which

17  would require them to be licensed under those sections.  The

18  electronic permanent file of each licensee and unlicensed

19  person shall contain a record of any complaints filed against

20  him or her and a record of any enforcement actions taken

21  against him or her.  All complaints and satisfactions thereof

22  and enforcement actions on each licensee and unlicensed person

23  shall be entered into the central database in such a manner

24  that rapid retrieval will be facilitated.  The complainant and

25  the referring agency, if there is one, shall be advised of the

26  disposition by the department of the complaint within 10 days

27  of such action.

28         Section 29.  Paragraph (a) of subsection (1) of section

29  322.051, Florida Statutes, is amended to read:

30         322.051  Identification cards.--

31         (1)

                                  30

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1         (a)  Each such application shall include the following

 2  information regarding the applicant:

 3         1.  Full name (first, middle or maiden, and last),

 4  gender, social security card number, residence and mailing

 5  address, and a brief description.

 6         2.  Proof of birth date satisfactory to the department.

 7         3.  Proof of identity satisfactory to the department.

 8  Such proof must include one of the following unless a driver's

 9  license record or identification card record has already been

10  established, including one of the following: a certified copy

11  of a United States birth certificate, a valid United States

12  passport, an alien registration receipt card (green card), an

13  employment authorization card issued by the United States

14  Department of Justice, or proof of nonimmigrant classification

15  provided by the United States Department of Justice, for an

16  original identification card.

17         Section 30.  Paragraph (c) of subsection (2) is

18  amended, and paragraphs (d) and (e) are added to subsection

19  (6), of section 322.08, Florida Statutes, to read:

20         322.08  Application for license.--

21         (2)  Each such application shall include the following

22  information regarding the applicant:

23         (c)  Proof of identity satisfactory to the department.

24  Such proof must include one of the following unless a driver's

25  license record or identification card record has already been

26  established, including one of the following: a certified copy

27  of a United States birth certificate, a valid United States

28  passport, an alien registration receipt card (green card), an

29  employment authorization card issued by the United States

30  Department of Justice, or proof of nonimmigrant classification

31  provided by the United States Department of Justice, for an

                                  31

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  original license.

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

 3  duplicate thereof shall include language permitting the

 4  following:

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

 6  contribution shall be transferred into the Election Campaign

 7  Financing Trust Fund.

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

 9  contribution shall be deposited into the Florida Organ and

10  Tissue Donor Education and Procurement Trust Fund for organ

11  and tissue donor education and for maintaining the organ and

12  tissue donor registry.

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

14  contribution shall be distributed to the Florida Council of

15  the Blind.

16         (d) A voluntary contribution of $2 per applicant, which

17  shall be distributed to the Hearing Research Institute,

18  Incorporated for the purpose of infant hearing screening in

19  Florida.

20         (e) A voluntary contribution of $1 per applicant, which

21  shall be distributed to the Juvenile Diabetes Foundation

22  International.

23         A statement providing an explanation of the purpose of

24  the trust funds shall also be included.

25         Section 31.  Subsection (3) of section 322.292, Florida

26  Statutes, is hereby repealed.

27         Section 32.  Subsection (10) of section 328.15, Florida

28  Statutes, is repealed.

29         Section 33.  Subsections (2) and (3) of section 328.40,

30  Florida Statutes, are amended to read:

31         328.40  Administration of vessel registration and

                                  32

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  titling laws; records.--

 2         (2)  The Department of Highway Safety and Motor

 3  Vehicles shall keep electronic records and perform such other

 4  clerical duties as required pertaining to:

 5         (a)  Vessel registration and titling.

 6         (b)  Suspension of the vessel operating privilege under

 7  ss. 327.35-327.355.

 8         (3)  All records made or kept by the Department of

 9  Highway Safety and Motor Vehicles under this law are public

10  records except for confidential reports.

11         Section 34.  Subsection (3) of section 328.48, Florida

12  Statutes, is amended to read:

13         (3) The Department of Highway Safety and Motor Vehicles

14  shall issue certificates of registration and numbers for city,

15  county, and state-owned vessels, charging only the service

16  fees required in s. 328.72(7) and (8) s. 327.25(7) and (8),

17  provided the vessels are used for purposes other than

18  recreation.

19         Section 35.  Paragraph (c) of subsection (2) of section

20  328.72, Florida Statutes is amended to read:

21         328.72 Classification; registration; fees and charges;

22  surcharge, disposition of fees; fines; marine turtle

23  stickers.--

24         (2) ANTIQUE VESSEL REGISTRATION FEE.--

25         (c) The Department of Highway Safety and Motor Vehicles

26  may issue a decal identifying the vessel as an antique

27  vessel.  The decal shall be displayed as provided in s.328.48

28  ss.327.11 and 327.14.

29         Section 36.  Subsection (3) of section 328.73, Florida

30  Statutes is amended to read:

31         328.73 Registration; duties of tax collectors.--

                                  33

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1         (3) A fee of 50 cents shall be charged in addition to

 2  the fees required under s. 328.72 s. 327.25 on every vessel

 3  decal registration sold to cover the cost of the Florida Real

 4  Time Vehicle Information System.  The fees collected under

 5  this section shall be deposited into the Highway Safety

 6  Operating Trust Fund and shall be used to fund that system and

 7  may be used to fund the general operations of the department.

 8         Section 37.  Subsection (2) of section 328.735, Florida

 9  Statutes, is amended to read:

10         328.735 Advanced registration renewal; procedures.--

11         (2) Upon the filing of the application and payment of

12  the appropriate vessel registration fee and service charges

13  required by s. 328.72 s. 327.25 and any additional fees

14  required by law, the department or its agents shall issue to

15  the owner of the vessel a decal and registration.  When the

16  decal is affixed to the vessel, the registration is renewed

17  for the appropriate registration period.

18         Section 38.  (1)  TASK FORCE ON THE MOTOR VEHICLE

19  INDUSTRY.--There is hereby created within the Department of

20  Highway Safety and Motor Vehicles the Task Force on the Motor

21  Vehicle Industry.  The task force shall be charged with

22  examining and evaluating the motor vehicle industry in the

23  state, specifically the licensing of motor vehicle dealers,

24  the enforcement of motor vehicle dealer regulations, and the

25  structure and manner in which the Department of Highway Safety

26  and Motor Vehicles carries out its regulatory purpose.

27         (2)  MEMBERSHIP; ORGANIZATION; MEETINGS.--

28         (a)  The task force shall be composed of 15 members, to

29  be appointed by the Governor, the President of the Senate, and

30  the Speaker of the House of Representatives, as follows:

31         1.  One representative of the Division of Motor

                                  34

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  Vehicles of the Department of Highway Safety and Motor

 2  Vehicles, to be appointed by the Governor.

 3         2.  One representative of independent motor vehicle

 4  dealers recommended by the Florida Independent Automobile

 5  Dealers Association, to be appointed by the Governor.

 6         3.  One representative of motor vehicle franchise

 7  dealers recommended by the Florida Automobile Dealers

 8  Association, to be appointed by the Governor.

 9         4.  One representative from an auto auction chain

10  recommended by a group affiliated with the National Auto

11  Auction Association, to be appointed by the Governor.

12         5.  One representative of the Florida Auto Dismantlers

13  and Recyclers Association, to be appointed by the Governor.

14         6.  One representative from the Department of Revenue,

15  to be appointed by the President of the Senate.

16         7.  One representative of independent motor vehicle

17  dealers recommended by the Florida Independent Automobile

18  Dealers Association, to be appointed by the President of the

19  Senate.

20         8.  A Florida tax collector recommended by the Florida

21  Tax Collectors Association, to be appointed by the President

22  of the Senate.

23         9.  One representative from a Better Business Bureau

24  within the state, to be appointed by the President of the

25  Senate.

26         10.  One representative of motor vehicle franchise

27  dealers recommended by the Tampa Bay Auto Dealers Association,

28  to be appointed by the President of the Senate.

29         11.  One representative from the Division of Consumer

30  Services of the Department of Agriculture and Consumer

31  Services, to be appointed by the Speaker of the House of

                                  35

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  Representatives.

 2         12.  One representative of independent motor vehicle

 3  dealers recommended by the Florida Independent Automobile

 4  Dealers Association, to be appointed by the Speaker of the

 5  House of Representatives.

 6         13.  One representative of the motor vehicle auction

 7  industry who is affiliated with an independent motor vehicle

 8  auction concern and is recommended by a group affiliated with

 9  the National Auto Auction Association, to be appointed by the

10  Speaker of the House of Representatives.

11         14.  One representative of the insurance industry that

12  writes motor vehicle dealer surety bonds, to be appointed by

13  the Speaker of the House of Representatives.

14         15.  One representative of motor vehicle franchise

15  dealers recommended by the South Florida Auto Dealers

16  Association, to be appointed by the Speaker of the House of

17  Representatives.

18

19  The Division of Motor Vehicles of the Department of Highway

20  Safety and Motor Vehicles, the Division of Consumer Services

21  of the Department of Agriculture and Consumer Services, the

22  Department of Revenue, the Florida Independent Automobile

23  Dealers Association, the Florida Tax Collectors Association,

24  and the Florida Automobile Dealers Association, and the

25  Florida Auto Dismantlers and Recyclers Association shall

26  submit to the Department of Highway Safety and Motor Vehicles

27  the names of their recommended representatives for selection

28  as appointees to the task force. A person who desires to be

29  considered for appointment to the task force as a

30  representative of the insurance industry or a Better Business

31  Bureau shall submit his or her name and a statement of the

                                  36

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  designated category he or she proposes to represent to the

 2  Department of Highway Safety and Motor Vehicles, which shall

 3  forward all recommended names to the appointing authority for

 4  the designated category. In order to facilitate and coordinate

 5  the efforts of the task force, the Governor, the President of

 6  the Senate, and the Speaker of the House of Representatives

 7  shall each name a liaison whom the task force may contact for

 8  assistance and information during the course of the task

 9  force's existence.  Members of the task force shall be

10  appointed no later than July 1, 2000.

11         (b)  The Governor shall appoint the chair of the task

12  force.  Any vacancy in the task force membership shall be

13  filled in the manner of the original appointment.

14         (c)  Upon appointment of the members, the task force

15  shall schedule an organizational meeting to be held no later

16  than July 20, 2000. Thereafter, the task force shall meet at

17  least once a month, at the call of the chair, or at the call

18  of a quorum of the task force, at various locations throughout

19  the state to be determined by the task force. A quorum is

20  necessary for the purpose of conducting official business of

21  the task force. Eight members of the task force shall

22  constitute a quorum.

23         (d)  The task force shall use accepted rules of

24  procedure to conduct its meetings. The department shall keep

25  on file a complete record of each meeting.

26         (e)  Members of the task force from the private sector

27  shall not be entitled to per diem or travel expenses. Members

28  of the task force who are employees of state agencies shall

29  receive per diem and travel expenses from the budgets of their

30  respective agencies.

31         (f)  The Department of Highway Safety and Motor

                                  37

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1  Vehicles shall provide administrative and staff support

 2  services relating to the functions of the task force, and

 3  members of the task force may request assistance from the

 4  Department of Highway Safety and Motor Vehicles as necessary.

 5         (3)  PURPOSES; DUTIES.--

 6         (a)  The task force shall conduct an in-depth review of

 7  the motor vehicle industry in the state, which shall include,

 8  but not be limited to, problems associated with licensing

 9  requirements for motor vehicle dealers, unlicensed persons

10  engaging in business as motor vehicle dealers, and enforcement

11  of statutes and rules regulating the motor vehicle industry.

12  The task force shall, in its review, analyze the provisions of

13  chapter 320, Florida Statutes, and any other applicable

14  provisions of state law as they relate to the motor vehicle

15  industry and motor vehicle dealer licensing requirements and

16  enforcement.

17         (b)  The task force may, in its discretion:

18         1.  Conduct meetings, hearings, and workshops in

19  Tallahassee, and at different locations throughout the state,

20  and take evidence, testimony, and argument at such meetings,

21  hearings, and workshops from state agencies and consumer

22  organizations.

23         2.  Examine and evaluate the procedures and methods for

24  approval of an applicant for licensure as a motor vehicle

25  dealer, for establishment of motor vehicle dealer locations,

26  for enforcement actions against unlicensed persons engaging in

27  business as motor vehicle dealers, and for enforcement of

28  existing statutes and rules regulating motor vehicle dealers.

29         3.  Assess the roles of the Department of Highway

30  Safety and Motor Vehicles and county tax collectors regarding

31  the motor vehicle industry.

                                  38

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1         (c)  The in-depth review established in this section

 2  shall not include the relationship between motor vehicle

 3  dealers licensed under s. 320.27(1)(c)1., Florida Statutes,

 4  and their respective line-make licensees licensed under s.

 5  320.61, Florida Statutes, or the provisions of ss.

 6  320.60-320.70, Florida Statutes.

 7         (d)  Upon completing the review, assessment, and

 8  evaluation pursuant to this act, the task force may meet

 9  further to consider its accomplishments and to compile its

10  findings into legislative recommendations.

11         (4)  INTERIM AND FINAL REPORT; TERMINATION OF TASK

12  FORCE.--By January 31, 2001, the task force shall submit its

13  interim findings and recommendations in the form of a written

14  report to the Governor, the President of the Senate, and the

15  Speaker of the House of Representatives. The task force shall

16  make a final report of its findings and recommendations, which

17  may include proposed legislation, to the Governor, the

18  President of the Senate, and the Speaker of the House of

19  Representatives by March 1, 2001, at which time the task force

20  shall cease to exist.

21         Section 39.  Except as otherwise provided in this act,

22  this act shall take effect October 1, 2000.

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27

28  and insert in lieu thereof:

29                  A bill to be entitled

30         An act relating to the operation of vehicles

31         and vessels; amending s. 213.053, F.S.;

                                  39

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1         authorizing the exchange of certain information

 2         between the Department of Revenue and the

 3         Department of Highway Safety and Motor

 4         Vehicles; amending s. 234.02, F.S.; updating

 5         the current allowable exception to the use of a

 6         school bus; amending s. 316.0775, Florida

 7         Statutes; providing increased penalties for

 8         defacement, damage or removal of official

 9         traffic control devices or railroad signs or

10         signals; amending s. 316.193, F.S.; revising

11         penalties for subsequent convictions of driving

12         under the influence; amending s. 316.1935,

13         F.S.; increasing penalties for fleeing or

14         attempting to elude a law enforcement officer

15         and aggravated fleeing and eluding a law

16         enforcement offficer; providing for the person

17         whose license has been revoked the right to

18         petition for a restricted liense for business

19         or employment purposes; amending s. 316.1936,

20         F.S.; defining the term "road"; revising

21         provisions relating to the possession of open

22         containers of alcoholic beverages in vehicles;

23         providing penalties; amending s. 316.212, F.S.;

24         providing that a person under the age of 14 may

25         not operate a golf cart on public roads;

26         amending s. 316.2125, F.S.; providing

27         restrictions on the operation of golf carts in

28         retirement communities; amending s. 316.220,

29         F.S.; prohibiting the covering of headlamps to

30         alter the color of the lamp; amending s.

31         316.221, F.S.; prohibiting the covering of

                                  40

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1         taillamps; amending s. 316.228, F.S.; providing

 2         that any vehicle or trailer transporting logs,

 3         pulpwood, poles, or posts extending 4 reet or

 4         more from the rear of the vehicle must have an

 5         amber strobe light affixed to the projecting

 6         load; amending s. 316.234, F.S.; prohibiting

 7         the covering of signal lamps and signal

 8         devices; amending s. 316.237, F.S.;prohibiting

 9         the coverings of certain lamps; amending s.

10         316.2954, F.S.; revising language with respect

11         to restrictions on sunscreening material on a

12         motor vehicle; providing applicability;

13         providing a penalty; amending s. 316.515, F.S.;

14         providing length limitations on boat trailers;

15         amending s. 316.530, F.S.; authorizing the use

16         of cables and other devices meeting federal

17         safety standards in the towing of certain

18         vehicles; amending s. 316.613, F.S.;

19         authorizing the expenditure of certain funds

20         for safety and public awareness campaigns;

21         amending s. 318.1451, F.S.; eliminating a

22         reference to traffic law and substance abuse

23         education courses; amending s. 319.17, F.S.;

24         providing for the use of electronic records;

25         amending s. 319.24; revising record-retention

26         requirements; amending s. 319.30, F.S.;

27         providing a certificate of destruction to be

28         assigned to a motor vehicle or mobile home;

29         requires the dismantling or destruction of a

30         motor vehicle or mobile home after the second

31         reassignment of the certificate of destruction;

                                  41

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1         amending s. 320.031, F.S.; providing for the

 2         deposit of certain fees into the Highway Safety

 3         Operating Trust Fund; amending s. 320.04;

 4         providing for the deposit of certain funds into

 5         the Highway Safety Operating Trust Fund;

 6         providing for fees charged by financial

 7         institutions relating to a credit or debit card

 8         transation; amending s. 320.05, F.S.; providing

 9         for the use of electronic records; amending s.

10         320.0605, F.S.; providing for the issuance of a

11         temporary receipt for electronic registration

12         renewal via the Internet; amending s.

13         320.08058, F.S.; revising provisions relating

14         to the United States Marine Corp License Plate;

15         amending s. 320.833, F.S.; providing for the

16         electronic retention of records; amending s.

17         320.865, F.S.; providing for the electronic

18         retention of certain records; amending s.

19         322.051, F.S.; providing conditions for the

20         issuance of identification cards; amending s.

21         322.08, F.S.; providing for proof of identity

22         for the issuance of driver's licenses;

23         providing for voluntary contribution on a

24         driver's license application; amending s.

25         322.292, F.S.; revising DUI program eligibility

26         requirements; amending s. 328.15, F.S.;

27         revising records-retention requirements;

28         amending s. 328.40, F.S.; providing for

29         electronic retention of records;  amending ss.

30         328.48, 328.72, 328.73, and 328.735, F.S.;

31         creating an interim task force committee on

                                  42

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                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No. 1 (for drafter's use only)





 1         motor vehicles within the Department of Highway

 2         Safety and Motor Vehicles; provides for

 3         membership, organization, and meetings of task

 4         force; provides purposes and duties; provides

 5         for interim and final reports; provides for

 6         termination of task force; providing an

 7         effective date

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  43

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