House Bill hb0807c1

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    Florida House of Representatives - 2001              CS/HB 807

        By the Committee on Transportation and Representative
    Gardiner





  1                      A bill to be entitled

  2         An act relating to the Department of Highway

  3         Safety and Motor Vehicles; amending s. 316.003,

  4         F.S.; providing that certain vehicles of the

  5         Department of Health are authorized emergency

  6         vehicles; providing that a motorized scooter is

  7         not a motor vehicle for traffic control

  8         purposes; creating a definition of the term

  9         motorized scooter; amending s. 316.06, F.S.;

10         authorizing the installation of multiparty stop

11         signs on certain roads; providing guidelines

12         for the installation of such signage; amending

13         s. 316.1951, F.S.; revising provisions related

14         to parking vehicles to display for sale;

15         amending s. 316.1975, F.S.; exempting operators

16         of solid waste and recovered materials vehicles

17         from provisions regarding unattended motor

18         vehicles; amending s. 316.2065, F.S.; providing

19         motorized scooter operating regulations;

20         amending s. 316.228, F.S.; requiring strobe

21         lights to be placed on the exterior of a

22         commercial vehicle transporting unprocessed

23         forest products extending more than 4 feet

24         beyond the rear of the vehicle; providing an

25         alternate method for placing strobe lights in

26         certain instances; requiring the use of a red

27         flag on the load; amending s. 316.2397, F.S.;

28         authorizing the emergency response vehicles of

29         the Department of Health to use red flashing

30         lights; amending s. 316.520, F.S.; clarifying

31         that a violation of a provision governing loads

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  1         on vehicles is a moving rather than a nonmoving

  2         violation; amending s. 316.640, F.S.; revising

  3         the powers and duties of traffic crash

  4         investigation officers; amending s. 319.001,

  5         F.S.; providing definitions; amending s.

  6         319.14, F.S.; authorizing the Department of

  7         Highway Safety and Motor Vehicles to place a

  8         decal on a rebuilt vehicle so as to clarify its

  9         identity; providing a penalty for the removal

10         of the decal; amending s. 319.23, F.S.;

11         conforming the requirements for the transfer of

12         ownership on an antique vehicle to that of any

13         other motor vehicle; amending s. 319.28, F.S.;

14         deleting the requirement that a copy of a

15         contract for processing an application for

16         title based on a contractual default be

17         provided; amending s. 319.30, F.S.; clarifying

18         the major component parts of a motor vehicle;

19         amending s. 320.01, F.S.; conforming the length

20         limitation for a motor home to that established

21         in chapter 316, F.S.; providing that a

22         motorized scooter is not a motor vehicle for

23         registration purposes; amending s. 320.023,

24         F.S.; conforming this section to the Florida

25         Single Audit Act; amending s. 320.025, F.S.;

26         conforming the vessel registration law to the

27         motor vehicle registration law; requiring a

28         decal to be affixed to a vessel that is

29         registered under a fictitious name and operated

30         by any law enforcement agency; amending s.

31         320.05, F.S.; conforming the vessel

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  1         registration law to the motor vehicle

  2         registration law; providing instructions for

  3         the release of information regarding a vessel

  4         to the public; amending s. 320.055, F.S.;

  5         correcting the registration period for

  6         nonapportioned vehicles; amending s. 320.06,

  7         F.S.; providing for the placement of only one

  8         decal rather than two on a license plate;

  9         amending s. 320.072, F.S.; reducing the

10         timeframe a registrant can use a previous

11         license plate for the initial registration fee

12         exemption; amending s. 320.0805, F.S.; reducing

13         the timeframe for a personalized license plate

14         to remain out of circulation prior to

15         reassignment; amending s. 320.08056, F.S.;

16         including two more colleges to the

17         discontinuance exemptions provided for

18         collegiate specialty license plates; amending

19         s. 320.08062, F.S.; conforming this section to

20         the Florida Single Audit Act; amending s.

21         320.083, F.S.; increasing the weight

22         restriction for a private-use vehicle so as to

23         be eligible to apply for the Amateur Radio

24         Operator specialty license plate; amending s.

25         320.089, F.S.; increasing the weight

26         restriction for a private-use vehicle so as to

27         be eligible to apply for the EX-POW or Purple

28         Heart specialty license plate; amending s.

29         320.18, F.S.; providing for cancellation of

30         license plates and fuel use tax decals for

31         failure to pay motor carrier weight and safety

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  1         violation penalties; amending s. 320.27, F.S.;

  2         redefining the term "motor vehicle auction";

  3         deleting the requirement for a licensee to have

  4         the certificate of title or ownership indicia

  5         in his or her possession at an auction;

  6         deleting a requirement for establishing a

  7         pattern of wrongdoing; revising requirements

  8         for denial, suspension, or revocation of a

  9         motor vehicle dealer license; amending s.

10         320.64, F.S.; providing additional grounds for

11         denial, suspension, or revocation of vehicle

12         manufacturer's license; amending s. 320.691,

13         F.S.; creating the Automobile Dealers Industry

14         Advisory Board; amending s. 322.01, F.S.;

15         providing that a motorized scooter is not a

16         motor vehicle for drivers' licensing purposes;

17         amending s. 322.05, F.S.; correcting a

18         statutory reference regarding the requirements

19         for an individual under 18 years of age to

20         apply for a driver's license; amending s.

21         322.081, F.S.; conforming this section to the

22         Florida Single Audit Act; amending s. 322.126,

23         F.S.; revising the requirements for reporting a

24         disability which could affect an individual's

25         ability to drive a motor vehicle; creating s.

26         322.222, F.S.; authorizing the Department of

27         Highway Safety and Motor Vehicles to hold a

28         hearing when an individual's driver's license

29         has been suspended or revoked due to medical

30         reasons; amending s. 322.25, F.S.; correcting a

31         cross reference; amending s. 322.2615, F.S.;

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  1         complying with the USDOT's drunk driving

  2         prevention incentive program; reducing the

  3         timeframe for a temporary permit that is

  4         allotted when an individual is charged with

  5         driving with an unlawful blood-alcohol level;

  6         amending s. 322.27, F.S.; clarifying the time

  7         period for a driver's license revocation of a

  8         habitual traffic offender; amending s. 322.28,

  9         F.S.; deleting obsolete language regarding the

10         revocation of a driver's license; repealing s.

11         322.282, F.S., relating to the procedure when

12         the court revokes or suspends license or

13         driving privilege and orders reinstatement;

14         amending s. 322.292, F.S.; adding the

15         requirement that DUI programs must be

16         governmental programs or not-for-profit

17         corporations; amending s. 322.61, F.S.;

18         complying with the Federal Motor Carrier Safety

19         Regulations; adding two more violations for

20         which a commercial motor vehicle may be

21         disqualified of driving privileges; amending s.

22         322.64, F.S.; reducing the timeframe for a

23         temporary permit allotted when an individual

24         holding a commercial driver's license is

25         charged with an unlawful blood-alcohol level;

26         repealing s. 322.331, F.S., relating to the

27         reinstatement of a license of an habitual

28         traffic offender; amending s. 324.091, F.S.;

29         providing for electronic access to vehicle

30         insurance information; amending s. 328.01,

31         F.S.; deleting the requirement for a copy of a

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  1         contract upon which a claim of ownership of a

  2         vessel is made on a contractual default;

  3         amending s. 328.42, F.S.; authorizing the

  4         department to deny or cancel any vessel

  5         registration, license plate, or fuel use decal

  6         when given a dishonored check by the customer;

  7         amending s. 328.56, F.S.; deleting the terms

  8         "commercial" and "recreational" when referring

  9         to vessels operated on the waters of this

10         state; amending s. 328.72, F.S.; deleting the

11         requirements for the transfer of ownership of

12         an antique vessel; amending s. 328.76, F.S.;

13         providing for the appropriation allotted for

14         fiscal year 2000-2001 to be deposited into the

15         Highway Safety Operating Trust Fund; amending

16         s. 713.78, F.S.; adding the insurance company

17         to the list of individuals to be contacted when

18         a vehicle has been towed; repealing s.

19         681.1096(1), F.S., relating to the Pilot RV

20         Mediation and Arbitration Program, and s.

21         715.05, F.S., relating to the reporting of

22         unclaimed motor vehicles; amending s. 715.07,

23         F.S.; conforming the vessel registration law to

24         the motor vehicle registration law; defining

25         the term "vessel"; authorizing the removal of

26         an undocumented vessel parked on private

27         property; amending s. 832.09, F.S.; authorizing

28         the department to create a standardized form to

29         be used for notification of satisfaction of a

30         worthless check; providing effective dates.

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

  2

  3         Section 1.  Subsections (1) and (21) of section

  4  316.003, Florida Statutes, are amended, and subsection (82) is

  5  added to said section, to read:

  6         316.003  Definitions.--The following words and phrases,

  7  when used in this chapter, shall have the meanings

  8  respectively ascribed to them in this section, except where

  9  the context otherwise requires:

10         (1)  AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the

11  fire department (fire patrol), police vehicles, and such

12  ambulances and emergency vehicles of municipal departments,

13  public service corporations operated by private corporations,

14  the Department of Environmental Protection, the Department of

15  Health, and the Department of Transportation as are designated

16  or authorized by their respective department or the chief of

17  police of an incorporated city or any sheriff of any of the

18  various counties.

19         (21)  MOTOR VEHICLE.--Any self-propelled vehicle not

20  operated upon rails or guideway, but not including any

21  bicycle, motorized scooter, or moped.

22         (82)  MOTORIZED SCOOTER.--Any vehicle not having a seat

23  or saddle for the use of the rider, designed to travel on not

24  more than three wheels, and not capable of propelling the

25  vehicle at a speed greater than 30 miles per hour on level

26  ground.

27         Section 2.  Subsections (2) and (3) of section 316.006,

28  Florida Statutes, are amended to read:

29         316.006  Jurisdiction.--Jurisdiction to control traffic

30  is vested as follows:

31         (2)  MUNICIPALITIES.--

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  1         (a)  Chartered municipalities shall have original

  2  jurisdiction over all streets and highways located within

  3  their boundaries, except state roads, and may place and

  4  maintain such traffic control devices which conform to the

  5  manual and specifications of the Department of Transportation

  6  upon all streets and highways under their original

  7  jurisdiction as they shall deem necessary to indicate and to

  8  carry out the provisions of this chapter or to regulate, warn,

  9  or guide traffic.

10         (b)  A municipality may exercise jurisdiction over any

11  private road or roads, or over any limited access road or

12  roads owned or controlled by a special district, located

13  within its boundaries if the municipality and party or parties

14  owning or controlling such road or roads provide, by written

15  agreement approved by the governing body of the municipality,

16  for municipal traffic control jurisdiction over the road or

17  roads encompassed by such agreement. Pursuant thereto:

18         1.  Provision for reimbursement for actual costs of

19  traffic control and enforcement and for liability insurance

20  and indemnification by the party or parties, and such other

21  terms as are mutually agreeable, may be included in such an

22  agreement.

23         2.  The exercise of jurisdiction provided for herein

24  shall be in addition to jurisdictional authority presently

25  exercised by municipalities under law, and nothing in this

26  paragraph shall be construed to limit or remove any such

27  jurisdictional authority. Such jurisdiction includes

28  regulation of access to such road or roads by security devices

29  or personnel.

30         3.  Any such agreement may provide for the installation

31  of multiparty stop signs by the parties controlling the roads

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  1  covered by the agreement, if a determination is made by such

  2  parties that the signage will enhance traffic safety.

  3  Multiparty stop signs must conform to the manual and

  4  specifications of the Department of Transportation. However,

  5  minimum traffic volumes may not be required for the

  6  installation of such signage. Enforcement for the signs shall

  7  be as provided in s. 316.123.

  8

  9  This subsection shall not limit those counties which have the

10  charter powers to provide and regulate arterial, toll, and

11  other roads, bridges, tunnels, and related facilities from the

12  proper exercise of those powers by the placement and

13  maintenance of traffic control devices which conform to the

14  manual and specifications of the Department of Transportation

15  on streets and highways located within municipal boundaries.

16         (3)  COUNTIES.--

17         (a)  Counties shall have original jurisdiction over all

18  streets and highways located within their boundaries, except

19  all state roads and those streets and highways specified in

20  subsection (2), and may place and maintain such traffic

21  control devices which conform to the manual and specifications

22  of the Department of Transportation upon all streets and

23  highways under their original jurisdiction as they shall deem

24  necessary to indicate and to carry out the provisions of this

25  chapter or to regulate, warn, or guide traffic.

26         (b)  A county may exercise jurisdiction over any

27  private road or roads, or over any limited access road or

28  roads owned or controlled by a special district, located in

29  the unincorporated area within its boundaries if the county

30  and party or parties owning or controlling such road or roads

31  provide, by written agreement approved by the governing body

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  1  of the county, for county traffic control jurisdiction over

  2  the road or roads encompassed by such agreement.  Pursuant

  3  thereto:

  4         1.  Provision for reimbursement for actual costs of

  5  traffic control and enforcement and for liability insurance

  6  and indemnification by the party or parties, and such other

  7  terms as are mutually agreeable, may be included in such an

  8  agreement.

  9         2.  Prior to entering into an agreement which provides

10  for enforcement of the traffic laws of the state over a

11  private road or roads, or over any limited access road or

12  roads owned or controlled by a special district, the governing

13  body of the county shall consult with the sheriff. No such

14  agreement shall take effect prior to October 1, the beginning

15  of the county fiscal year, unless this requirement is waived

16  in writing by the sheriff.

17         3.  The exercise of jurisdiction provided for herein

18  shall be in addition to jurisdictional authority presently

19  exercised by counties under law, and nothing in this paragraph

20  shall be construed to limit or remove any such jurisdictional

21  authority.

22         4.  Any such agreement may provide for the installation

23  of multiparty stop signs by the parties controlling the roads

24  covered by the agreement, if a determination is made by such

25  parties that the signage will enhance traffic safety.

26  Multiparty stop signs must conform to the manual and

27  specifications of the Department of Transportation. However,

28  minimum traffic volumes may not be required for the

29  installation of such signage. Enforcement for the signs shall

30  be as provided in s. 316.123.

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  1  Notwithstanding the provisions of subsection (2), each county

  2  shall have original jurisdiction to regulate parking, by

  3  resolution of the board of county commissioners and the

  4  erection of signs conforming to the manual and specifications

  5  of the Department of Transportation, in parking areas located

  6  on property owned or leased by the county, whether or not such

  7  areas are located within the boundaries of chartered

  8  municipalities.

  9         Section 3.  Effective July 1, 2001, subsection (4) of

10  section 316.1951, Florida Statutes, is amended to read:

11         316.1951  Parking for certain purposes prohibited.--

12         (4)  A law enforcement officer, compliance examiner, or

13  license inspector, or supervisor of the department, as

14  authorized in s. 320.58(1)(a), may cause to be removed at the

15  owner's expense any motor vehicle found upon a public street,

16  public parking lot, other public property, or private

17  property, where the public has the right to travel by motor

18  vehicle, which is in violation of subsection (1). Every

19  written notice issued pursuant to this section shall be

20  affixed in a conspicuous place upon a vehicle by a law

21  enforcement officer, compliance examiner, or license

22  inspector, or supervisor of the department. Any vehicle found

23  in violation of subsection (1) within 10 days after a previous

24  violation and written notice shall be subject to immediate

25  removal without an additional waiting period.

26         Section 4.  Subsection (2) of section 316.1975, Florida

27  Statutes, is amended to read:

28         316.1975  Unattended motor vehicle.--

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

30         (a)  An authorized emergency vehicle while in the

31  performance of official duties and the vehicle is equipped

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  1  with an activated antitheft device that prohibits the vehicle

  2  from being driven; or

  3         (b)  A licensed delivery truck or other delivery

  4  vehicle while making deliveries; or.

  5         (c)  A solid waste or recovered materials vehicle while

  6  collecting such items.

  7         Section 5.  Section 316.2065, Florida Statutes, is

  8  amended to read:

  9         316.2065  Bicycle and motorized scooter regulations.--

10         (1)  Every person propelling a vehicle by human power,

11  or operating a motorized scooter as defined in s. 316.003, has

12  all of the rights and all of the duties applicable to the

13  driver of any other vehicle under this chapter, except as to

14  special regulations in this chapter, and except as to

15  provisions of this chapter which by their nature can have no

16  application.

17         (2)  A person operating a bicycle may not ride other

18  than upon or astride a permanent and regular seat attached

19  thereto.

20         (3)(a)  A bicycle may not be used to carry more persons

21  at one time than the number for which it is designed or

22  equipped, except that an adult rider may carry a child

23  securely attached to his or her person in a backpack or sling.

24         (b)  Except as provided in paragraph (a), a bicycle

25  rider must carry any passenger who is a child under 4 years of

26  age, or who weighs 40 pounds or less, in a seat or carrier

27  that is designed to carry a child of that age or size and that

28  secures and protects the child from the moving parts of the

29  bicycle.

30

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  1         (c)  A bicycle rider may not allow a passenger to

  2  remain in a child seat or carrier on a bicycle when the rider

  3  is not in immediate control of the bicycle.

  4         (d)  A bicycle rider or passenger who is under 16 years

  5  of age must wear a bicycle helmet that is properly fitted and

  6  is fastened securely upon the passenger's head by a strap, and

  7  that meets the standards of the American National Standards

  8  Institute (ANSI Z 90.4 Bicycle Helmet Standards), the

  9  standards of the Snell Memorial Foundation (1984 Standard for

10  Protective Headgear for Use in Bicycling), or any other

11  nationally recognized standards for bicycle helmets adopted by

12  the department. As used in this subsection, the term

13  "passenger" includes a child who is riding in a trailer or

14  semitrailer attached to a bicycle.

15         (e)  Law enforcement officers and school crossing

16  guards may issue a bicycle safety brochure and a verbal

17  warning to a bicycle rider or passenger who violates this

18  subsection. A bicycle rider or passenger who violates this

19  subsection may be issued a citation by a law enforcement

20  officer and assessed a fine for a pedestrian violation, as

21  provided in s. 318.18.  The court shall dismiss the charge

22  against a bicycle rider or passenger for a first violation of

23  paragraph (d) upon proof of purchase of a bicycle helmet that

24  complies with this subsection.

25         (f)  A person operating a motorized scooter may not

26  carry passengers.

27         (4)  No person riding upon any bicycle, coaster, roller

28  skates, sled, motorized scooter, or toy vehicle may attach the

29  same or himself or herself to any vehicle upon a roadway. This

30  subsection does not prohibit attaching a bicycle trailer or

31  bicycle semitrailer to a bicycle if that trailer or

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  1  semitrailer is commercially available and has been designed

  2  for such attachment.

  3         (5)(a)  Any person operating a bicycle upon a roadway

  4  at less than the normal speed of traffic at the time and place

  5  and under the conditions then existing shall ride as close as

  6  practicable to the right-hand curb or edge of the roadway

  7  except under any of the following situations:

  8         1.  When overtaking and passing another bicycle,

  9  motorized scooter, or vehicle proceeding in the same

10  direction.

11         2.  When preparing for a left turn at an intersection

12  or into a private road or driveway.

13         3.  When reasonably necessary to avoid any condition,

14  including, but not limited to, a fixed or moving object,

15  parked or moving vehicle, bicycle, motorized scooter,

16  pedestrian, animal, surface hazard, or substandard-width lane,

17  that makes it unsafe to continue along the right-hand curb or

18  edge.  For the purposes of this subsection, a

19  "substandard-width lane" is a lane that is too narrow for a

20  bicycle or motorized scooter and another vehicle to travel

21  safely side by side within the lane.

22         (b)  Any person operating a bicycle or motorized

23  scooter upon a one-way highway with two or more marked traffic

24  lanes may ride as near the left-hand curb or edge of such

25  roadway as practicable.

26         (6)  Persons riding bicycles or motorized scooters upon

27  a roadway may not ride more than two abreast except on paths

28  or parts of roadways set aside for the exclusive use of

29  bicycles.  Persons riding two abreast may not impede traffic

30  when traveling at less than the normal speed of traffic at the

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  1  time and place and under the conditions then existing and

  2  shall ride within a single lane.

  3         (7)  Any person operating a bicycle or motorized

  4  scooter shall keep at least one hand upon the handlebars.

  5         (8)  Every bicycle or motorized scooter in use between

  6  sunset and sunrise shall be equipped with a lamp on the front

  7  exhibiting a white light visible from a distance of at least

  8  500 feet to the front and a lamp and reflector on the rear

  9  each exhibiting a red light visible from a distance of 600

10  feet to the rear.  A bicycle or motorized scooter its rider

11  may be equipped with lights or reflectors in addition to those

12  required by this section.

13         (9)  No parent of any minor child and no guardian of

14  any minor ward may authorize or knowingly permit any such

15  minor child or ward to violate any of the provisions of this

16  section.

17         (10)  A person propelling a vehicle by human power or

18  operating a motorized scooter, upon and along a sidewalk, or

19  across a roadway upon and along a crosswalk, has all the

20  rights and duties applicable to a pedestrian under the same

21  circumstances.

22         (11)  A person propelling a bicycle upon and along a

23  sidewalk, or across a roadway upon and along a crosswalk,

24  shall yield the right-of-way to any pedestrian and shall give

25  an audible signal before overtaking and passing such

26  pedestrian.

27         (12)  No person upon roller skates, or riding in or by

28  means of any coaster, toy vehicle, or similar device, may go

29  upon any roadway except while crossing a street on a

30  crosswalk; and, when so crossing, such person shall be granted

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  1  all rights and shall be subject to all of the duties

  2  applicable to pedestrians.

  3         (13)  This section shall not apply upon any street

  4  while set aside as a play street authorized herein or as

  5  designated by state, county, or municipal authority.

  6         (14)  Every bicycle and motorized scooter shall be

  7  equipped with a brake or brakes which will enable its rider to

  8  stop the bicycle or motorized scooter within 25 feet from a

  9  speed of 10 miles per hour on dry, level, clean pavement.

10         (15)  A person engaged in the business of selling

11  bicycles or motorized scooters at retail shall not sell such

12  any bicycle or motorized scooter unless it the bicycle has an

13  identifying number permanently stamped or cast on its frame.

14         (16)(a)  A person may not knowingly rent or lease any

15  bicycle to be ridden by a child who is under the age of 16

16  years unless:

17         1.  The child possesses a bicycle helmet; or

18         2.  The lessor provides a bicycle helmet for the child

19  to wear.

20         (b)  A violation of this subsection is a nonmoving

21  violation, punishable as provided in s. 318.18.

22         (17)  The court may waive, reduce, or suspend payment

23  of any fine imposed under subsection (3) or subsection (16)

24  and may impose any other conditions on the waiver, reduction,

25  or suspension. If the court finds that a person does not have

26  sufficient funds to pay the fine, the court may require the

27  performance of a specified number of hours of community

28  service or attendance at a safety seminar.

29         (18)  Notwithstanding s. 318.21, all proceeds collected

30  pursuant to s. 318.18 for violations under paragraphs (3)(e)

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  1  and (16)(b) shall be deposited into the State Transportation

  2  Trust Fund.

  3         (19)  The failure of a person to wear a bicycle helmet

  4  or the failure of a parent or guardian to prevent a child from

  5  riding a bicycle without a bicycle helmet may not be

  6  considered evidence of negligence or contributory negligence.

  7         (20)  Except as otherwise provided in this section, a

  8  violation of this section is a noncriminal traffic infraction,

  9  punishable as a pedestrian violation as provided in chapter

10  318. A law enforcement officer may issue traffic citations for

11  a violation of subsection (3) or subsection (16) only if the

12  violation occurs on a bicycle path or road, as defined in s.

13  334.03. However, they may not issue citations to persons on

14  private property, except any part thereof which is open to the

15  use of the public for purposes of vehicular traffic.

16         Section 6.  Subsection (2) of section 316.228, Florida

17  Statutes, is amended to read:

18         316.228  Lamps or flags on projecting load.--

19         (2)  Any commercial motor vehicle or trailer, except as

20  stated in s. 316.515(7), transporting a load of unprocessed

21  logs or, long pulpwood, poles, or posts which load extends

22  extend more than 4 feet beyond the rear of the body or bed of

23  such vehicle, must have securely fixed as close as practical

24  to the end of any such projection one amber strobe-type lamp

25  equipped with a multidirectional type lens so mounted as to be

26  visible from the rear and both sides of the projecting load.

27  If the mounting of one strobe lamp cannot be accomplished so

28  that it is visible from the rear and both sides of the

29  projecting load, multiple strobe lights shall be utilized so

30  as to meet the visibility requirements of this subsection. The

31  strobe lamp must flash at a rate of at least 60 flashes per

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  1  minute and must be plainly visible from a distance of at least

  2  500 feet to the rear and sides of the projecting load at any

  3  time of the day or night. The lamp must be operating at any

  4  time of the day or night when the vehicle is operated on any

  5  highway or parked on the shoulder or immediately adjacent to

  6  the traveled portion of any public roadway. The projecting

  7  load shall also be marked with a red flag as described in

  8  subsection (1).

  9         Section 7.  Subsection (9) of section 316.2397, Florida

10  Statutes, is amended to read:

11         316.2397  Certain lights prohibited; exceptions.--

12         (9)  Flashing red lights may be used by emergency

13  response vehicles of the Department of Environmental

14  Protection and the Department of Health when responding to an

15  emergency in the line of duty.

16         Section 8.  Section 316.520, Florida Statutes, is

17  amended to read:

18         316.520  Loads on vehicles.--

19         (1)  A vehicle may not be driven or moved on any

20  highway unless the vehicle is so constructed or loaded as to

21  prevent any of its load from dropping, shifting, leaking,

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

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

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

25  or maintaining the roadway.

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

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

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

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

30  similar material that could fall or blow from such vehicle, to

31  prevent such materials from falling, blowing, or in any way

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  1  escaping from such vehicle. Covering and securing the load

  2  with a close-fitting tarpaulin or other appropriate cover is

  3  required.

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

  5  traffic infraction, punishable as a moving nonmoving violation

  6  as provided in chapter 318.

  7         Section 9.  Subsections (1), (2), and (3) of section

  8  316.640, Florida Statutes, are amended to read:

  9         316.640  Enforcement.--The enforcement of the traffic

10  laws of this state is vested as follows:

11         (1)  STATE.--

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

13  Department of Highway Safety and Motor Vehicles, the Division

14  of Law Enforcement of the Fish and Wildlife Conservation

15  Commission, the Division of Law Enforcement of the Department

16  of Environmental Protection, and law enforcement officers of

17  the Department of Transportation each have authority to

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

19  streets and highways thereof and elsewhere throughout the

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

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

22  as a traffic accident investigation officer any individual who

23  successfully completes at least 200 hours of instruction in

24  traffic accident investigation and court presentation through

25  the Selective Traffic Enforcement Program as approved by the

26  Criminal Justice Standards and Training Commission and funded

27  through the National Highway Traffic Safety Administration or

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

29  necessarily meet the uniform minimum standards established by

30  the commission for law enforcement officers or auxiliary law

31  enforcement officers under chapter 943. Any such traffic

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  1  accident investigation officer who makes an investigation at

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

  3  based upon personal investigation, when he or she has

  4  reasonable and probable grounds to believe that a person who

  5  was involved in the accident committed an offense under this

  6  chapter, chapter 319, chapter 320, or chapter 322 in

  7  connection with the accident. This paragraph does not permit

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

  9  officers have arrest authority other than for the issuance of

10  a traffic citation as authorized in this paragraph.

11         b.  University police officers shall have authority to

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

13  violations occur on or about any property or facilities that

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

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

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

17         c.  Community college police officers shall have the

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

19  when such violations occur on any property or facilities that

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

21  the community college system.

22         d.  Police officers employed by an airport authority

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

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

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

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

27  enforcement specialist any individual who successfully

28  completes a training program established and approved by the

29  Criminal Justice Standards and Training Commission for parking

30  enforcement specialists but who does not otherwise meet the

31  uniform minimum standards established by the commission for

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  1  law enforcement officers or auxiliary or part-time officers

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

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

  4  nor shall such parking enforcement specialist have arrest

  5  authority.

  6         (II)  A parking enforcement specialist employed by an

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

  8  and municipal laws and ordinances governing parking only when

  9  such violations are on property or facilities owned or

10  operated by the airport authority employing the specialist, by

11  appropriate state, county, or municipal traffic citation.

12         e.  The Office of Agricultural Law Enforcement of the

13  Department of Agriculture and Consumer Services shall have the

14  authority to enforce traffic laws of this state only as

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

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

17  Agricultural Law Enforcement at its agricultural inspection

18  stations to issue any traffic tickets except those traffic

19  tickets for vehicles illegally passing the inspection station.

20         f.  School safety officers shall have the authority to

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

22  violations occur on or about any property or facilities which

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

24  the district school board.

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

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

27  violation of this subparagraph is not subject to the penalties

28  provided in chapter 318.

29         3.  Any disciplinary action taken or performance

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

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

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  1  enforcement activity must be in accordance with written

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

  3  the agency and any collective bargaining unit representing

  4  such law enforcement officer. A violation of this subparagraph

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

  6         (b)1.  The Department of Transportation has authority

  7  to enforce on all the streets and highways of this state all

  8  laws applicable within its authority.

  9         2.a.  The Department of Transportation shall develop

10  training and qualifications standards for toll enforcement

11  officers whose sole authority is to enforce the payment of

12  tolls pursuant to s. 316.1001. Nothing in this subparagraph

13  shall be construed to permit the carrying of firearms or other

14  weapons, nor shall a toll enforcement officer have arrest

15  authority.

16         b.  For the purpose of enforcing s. 316.1001,

17  governmental entities, as defined in s. 334.03, which own or

18  operate a toll facility may employ independent contractors or

19  designate employees as toll enforcement officers; however, any

20  such toll enforcement officer must successfully meet the

21  training and qualifications standards for toll enforcement

22  officers established by the Department of Transportation.

23         (2)  COUNTIES.--

24         (a)  The sheriff's office of each of the several

25  counties of this state shall enforce all of the traffic laws

26  of this state on all the streets and highways thereof and

27  elsewhere throughout the county wherever the public has the

28  right to travel by motor vehicle.  In addition, the sheriff's

29  office may be required by the county to enforce the traffic

30  laws of this state on any private or limited access road or

31

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  1  roads over which the county has jurisdiction pursuant to a

  2  written agreement entered into under s. 316.006(3)(b).

  3         (b)  The sheriff's office of each county may employ as

  4  a traffic crash investigation officer any individual who

  5  successfully completes at least 200 hours of instruction in

  6  traffic crash investigation and court presentation through the

  7  Selective Traffic Enforcement Program (STEP) as approved by

  8  the Criminal Justice Standards and Training Commission and

  9  funded through the National Highway Traffic Safety

10  Administration (NHTSA) or a similar program approved by the

11  commission, but who does not necessarily otherwise meet the

12  uniform minimum standards established by the commission for

13  law enforcement officers or auxiliary law enforcement officers

14  under chapter 943. Any such traffic crash investigation

15  officer who makes an investigation at the scene of a traffic

16  crash may issue traffic citations when, based upon personal

17  investigation, he or she has reasonable and probable grounds

18  to believe that a person who was involved in the crash has

19  committed an offense under this chapter, chapter 319, chapter

20  320, or chapter 322 in connection with the crash accident.

21  This paragraph does not permit the carrying of firearms or

22  other weapons, nor do such officers have arrest authority

23  other than for the issuance of a traffic citation as

24  authorized in this paragraph.

25         (c)  The sheriff's office of each of the several

26  counties of this state may employ as a parking enforcement

27  specialist any individual who successfully completes a

28  training program established and approved by the Criminal

29  Justice Standards and Training Commission for parking

30  enforcement specialists, but who does not necessarily

31  otherwise meet the uniform minimum standards established by

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  1  the commission for law enforcement officers or auxiliary or

  2  part-time officers under s. 943.12.

  3         1.  A parking enforcement specialist employed by the

  4  sheriff's office of each of the several counties of this state

  5  is authorized to enforce all state and county laws,

  6  ordinances, regulations, and official signs governing parking

  7  within the unincorporated areas of the county by appropriate

  8  state or county citation and may issue such citations for

  9  parking in violation of signs erected pursuant to s.

10  316.006(3) at parking areas located on property owned or

11  leased by a county, whether or not such areas are within the

12  boundaries of a chartered municipality.

13         2.  A parking enforcement specialist employed pursuant

14  to this subsection shall not carry firearms or other weapons

15  or have arrest authority.

16         (3)  MUNICIPALITIES.--

17         (a)  The police department of each chartered

18  municipality shall enforce the traffic laws of this state on

19  all the streets and highways thereof and elsewhere throughout

20  the municipality wherever the public has the right to travel

21  by motor vehicle.  In addition, the police department may be

22  required by a municipality to enforce the traffic laws of this

23  state on any private or limited access road or roads over

24  which the municipality has jurisdiction pursuant to a written

25  agreement entered into under s. 316.006(2)(b).  However,

26  nothing in this chapter shall affect any law, general,

27  special, or otherwise, in effect on January 1, 1972, relating

28  to "hot pursuit" without the boundaries of the municipality.

29         (b)  The police department of a chartered municipality

30  may employ as a traffic crash investigation officer any

31  individual who successfully completes at least 200 hours of

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  1  instruction in traffic crash investigation and court

  2  presentation through the Selective Traffic Enforcement Program

  3  (STEP) as approved by the Criminal Justice Standards and

  4  Training Commission and funded through the National Highway

  5  Traffic Safety Administration (NHTSA) or a similar program

  6  approved by the commission, but who does not otherwise meet

  7  the uniform minimum standards established by the commission

  8  for law enforcement officers or auxiliary law enforcement

  9  officers under chapter 943. Any such traffic crash

10  investigation officer who makes an investigation at the scene

11  of a traffic crash is authorized to issue traffic citations

12  when, based upon personal investigation, he or she has

13  reasonable and probable grounds to believe that a person

14  involved in the crash has committed an offense under the

15  provisions of this chapter, chapter 319, chapter 320, or

16  chapter 322 in connection with the crash. Nothing in This

17  paragraph does not shall be construed to permit the carrying

18  of firearms or other weapons, nor do shall such officers have

19  arrest authority other than for the issuance of a traffic

20  citation as authorized above.

21         (c)1.  A chartered municipality or its authorized

22  agency or instrumentality may employ as a parking enforcement

23  specialist any individual who successfully completes a

24  training program established and approved by the Criminal

25  Justice Standards and Training Commission for parking

26  enforcement specialists, but who does not otherwise meet the

27  uniform minimum standards established by the commission for

28  law enforcement officers or auxiliary or part-time officers

29  under s. 943.12.

30         2.  A parking enforcement specialist employed by a

31  chartered municipality or its authorized agency or

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  1  instrumentality is authorized to enforce all state, county,

  2  and municipal laws and ordinances governing parking within the

  3  boundaries of the municipality employing the specialist, by

  4  appropriate state, county, or municipal traffic citation.

  5  Nothing in this paragraph shall be construed to permit the

  6  carrying of firearms or other weapons, nor shall such a

  7  parking enforcement specialist have arrest authority.

  8         3.  A parking enforcement specialist employed pursuant

  9  to this subsection may not carry firearms or other weapons or

10  have arrest authority.

11         Section 10.  Section 319.001, Florida Statutes, is

12  amended to read:

13         319.001  Definitions.--As used in this chapter, the

14  term:

15         (1)  "Department" means the Department of Highway

16  Safety and Motor Vehicles.

17         (2)  "Front-end assembly" means fenders, hood, grill,

18  and bumper.

19         (3)(2)  "Licensed dealer," unless otherwise

20  specifically provided, means a motor vehicle dealer licensed

21  under s. 320.27, a mobile home dealer licensed under s.

22  320.77, or a recreational vehicle dealer licensed under s.

23  320.771.

24         (4)  "Motorcycle body assembly" means frame, fenders,

25  and gas tanks.

26         (5)  "Motorcycle engine" means cylinder block, heads,

27  engine case, and crank case.

28         (6)  "Motorcycle transmission" means drive train.

29         (7)(3)  "New mobile home" means a mobile home the

30  equitable or legal title to which has never been transferred

31

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  1  by a manufacturer, distributor, importer, or dealer to an

  2  ultimate purchaser.

  3         (8)(4)  "New motor vehicle" means a motor vehicle the

  4  equitable or legal title to which has never been transferred

  5  by a manufacturer, distributor, importer, or dealer to an

  6  ultimate purchaser; however, when legal title is not

  7  transferred but possession of a motor vehicle is transferred

  8  pursuant to a conditional sales contract or lease and the

  9  conditions are not satisfied and the vehicle is returned to

10  the motor vehicle dealer, the motor vehicle may be resold by

11  the motor vehicle dealer as a new motor vehicle, provided the

12  selling motor vehicle dealer gives the following written

13  notice to the purchaser:  "THIS VEHICLE WAS DELIVERED TO A

14  PREVIOUS PURCHASER." The purchaser shall sign an

15  acknowledgment, a copy of which is kept in the selling

16  dealer's file.

17         (9)  "Rear body section" means both quarter panels,

18  decklid, bumper, and floor pan.

19         (10)(5)  "Satisfaction of lien" means full payment of a

20  debt or release of a debtor from a lien by the lienholder.

21         (11)(6)  "Used motor vehicle" means any motor vehicle

22  that is not a "new motor vehicle" as defined in subsection

23  (8)(4).

24         Section 11.  Subsections (1), (2), and (3) of section

25  319.14, Florida Statutes, are amended, subsections (6), (7),

26  and (8) are renumbered as subsections (7), (8), and (9),

27  respectively, and a new subsection (6) is added to said

28  section, to read:

29         319.14  Sale of motor vehicles registered or used as

30  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

31  and nonconforming vehicles.--

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

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

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

  4  vehicle, or a vehicle that has been repurchased by a

  5  manufacturer pursuant to a settlement, determination, or

  6  decision under chapter 681, until the department has stamped

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

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

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

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

11  nonconforming vehicle. If the certificate of title or

12  duplicate was not so stamped upon initial issuance thereof or

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

14  the vehicle is changed to a use requiring the notation

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

16  vehicle shall surrender the certificate of title or duplicate

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

18  the department shall stamp the certificate or duplicate as

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

20  manufacturer pursuant to a settlement, determination, or

21  decision under chapter 681, the title shall be stamped

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

23  nonconforming vehicle.

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

25  exchange a rebuilt vehicle until the department has stamped in

26  a conspicuous place on the certificate of title for the

27  vehicle words stating that the vehicle has been rebuilt or,

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

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

30  certificate of title for a vehicle that is rebuilt or,

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

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  1  kit, replica, or flood vehicle has been made to the department

  2  in accordance with this chapter and the department or its

  3  agent has conducted the physical examination of the vehicle to

  4  assure the identity of the vehicle and all major component

  5  parts, as defined in s. 319.30(1)(e), which have been repaired

  6  or replaced. Thereafter, the department shall affix a decal to

  7  the vehicle, in the manner prescribed by the department,

  8  showing the vehicle to be rebuilt.

  9         (c)  As used in this section:

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

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

12  law enforcement.

13         2.a.  "Short-term-lease vehicle" means a motor vehicle

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

15  or more persons from time to time for a period of less than 12

16  months.

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

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

19  person for a period of 12 months or longer.

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

21  vehicles and long-term-lease vehicles.

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

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

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

25  mobile home assembled from parts or combined from parts of

26  motor vehicles or mobile homes, new or used. "Assembled from

27  parts" does not mean a motor vehicle defined as a "rebuilt

28  vehicle" in subparagraph 3., which has been declared a total

29  loss pursuant to s. 319.30.

30

31

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

  2  vehicles neither of which has been titled and branded as

  3  "Salvage Unrebuildable."

  4         5.6.  "Kit car" means a motor vehicle assembled with a

  5  kit supplied by a manufacturer to rebuild a wrecked or

  6  outdated motor vehicle with a new body kit.

  7         6.7.  "Glider kit" means a vehicle assembled with a kit

  8  supplied by a manufacturer to rebuild a wrecked or outdated

  9  truck or truck tractor.

10         7.8.  "Replica" means a complete new motor vehicle

11  manufactured to look like an old vehicle.

12         8.9.  "Flood vehicle" means a motor vehicle or mobile

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

14  319.30(3)(a) resulting from damage caused by water.

15         9.10.  "Nonconforming vehicle" means a motor vehicle

16  which has been purchased by a manufacturer pursuant to a

17  settlement, determination, or decision under chapter 681.

18         10.11.  "Settlement" means an agreement entered into

19  between a manufacturer and a consumer that occurs after a

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

21  settlement procedure established by a manufacturer or is

22  approved for arbitration before the New Motor Vehicle

23  Arbitration Board as defined in s. 681.102.

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

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

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

27  disclosing in writing to the purchaser, customer, or

28  transferee the fact that the vehicle has previously been

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

30  short-term-lease vehicle or is a vehicle that is rebuilt or,

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

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  1  kit, replica, or flood vehicle, or is a nonconforming vehicle,

  2  as the case may be.

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

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

  5  or intentionally advertises, publishes, disseminates,

  6  circulates, or places before the public in any communications

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

  8  exchange the vehicle shall clearly and precisely state in each

  9  such offer that the vehicle has previously been titled,

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

11  short-term-lease vehicle or that the vehicle or mobile home is

12  a vehicle that is rebuilt or, assembled from parts, or

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

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

15  person who violates this subsection is guilty of a misdemeanor

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

17  s. 775.083.

18         (6)  Any person who removes a rebuilt decal from a

19  rebuilt vehicle or who knowingly possesses a rebuilt vehicle

20  from which a rebuilt decal has been removed is guilty of a

21  felony of the third degree punishable as provided in s.

22  775.082, s. 775.083, or s. 775.084.

23         Section 12.  Paragraph (c) of subsection (3) of section

24  319.23, Florida Statutes, is amended to read:

25         319.23  Application for, and issuance of, certificate

26  of title.--

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

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

29  application, unless otherwise provided for in this chapter,

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

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

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

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

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

  4  state.  The application shall also be accompanied by:

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

  6  as defined in s. 320.086, the application shall be accompanied

  7  by a certificate of title; a bill of sale and a registration;

  8  or a bill of sale and an affidavit by the owner defending the

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

10  complete vehicle description to include the vehicle

11  identification or engine number, year make, color, selling

12  price, and signatures of the seller and purchaser.

13

14  Verification of the vehicle identification number is not

15  required for any new motor vehicle; any mobile home; any

16  trailer or semitrailer with a net weight of less than 2,000

17  pounds; or any travel trailer, camping trailer, truck camper,

18  or fifth-wheel recreation trailer.

19         Section 13.  Paragraph (a) of subsection (1) of section

20  319.28, Florida Statutes, is amended to read:

21         319.28  Transfer of ownership by operation of law.--

22         (1)(a)  In the event of the transfer of ownership of a

23  motor vehicle or mobile home by operation of law as upon

24  inheritance, devise or bequest, order in bankruptcy,

25  insolvency, replevin, attachment, execution or other judicial

26  sale or whenever the engine of a motor vehicle is replaced by

27  another engine or whenever a motor vehicle is sold to satisfy

28  storage or repair charges or repossession is had upon default

29  in performance of the terms of a security agreement, chattel

30  mortgage, conditional sales contract, trust receipt, or other

31  like agreement, and upon the surrender of the prior

                                  32

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  1  certificate of title or, when that is not possible,

  2  presentation of satisfactory proof to the department of

  3  ownership and right of possession to such motor vehicle or

  4  mobile home, and upon payment of the fee prescribed by law and

  5  presentation of an application for certificate of title, the

  6  department may issue to the applicant a certificate of title

  7  thereto.  If the application is predicated upon a security

  8  agreement, chattel mortgage, conditional sales contract, trust

  9  receipt, or other like agreement, the original instrument or a

10  certified copy thereof shall accompany the application;

11  however, if an owner under a chattel mortgage voluntarily

12  surrenders possession of the motor vehicle or mobile home, the

13  original or a certified copy of the chattel mortgage shall

14  accompany the application for a certificate of title and it

15  shall not be necessary to institute proceedings in any court

16  to foreclose such mortgage.

17         Section 14.  Paragraphs (e) and (f) of subsection (1)

18  and paragraph (b) of subsection (3) of section 319.30, Florida

19  Statutes, are amended to read:

20         319.30  Definitions; dismantling, destruction, change

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

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

23         (e)  "Major component parts" means:

24         1.  For motor vehicles other than motorcycles:  the

25  front-end assembly, fenders, hood, grill, bumper, cowl

26  assembly, rear body section, both quarter panels, decklid,

27  bumper, floor pan, door assemblies, engine, frame,

28  transmission, dashboard, hard-top roof, sunroof, t-top,

29  airbag, wheels, windshield, and interior.

30         2.  For trucks, in addition to 1. above:  the truck

31  bed.

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  1         3.  For motorcycles:  body assembly, frame, fenders,

  2  gas tanks, engine, cylinder block, heads, engine case, crank

  3  case, transmission, drive train, front fork assembly, and

  4  wheels.

  5         4.  For mobile homes:  the frame. the front-end

  6  assembly (fenders, hood, grill, and bumper); cowl assembly;

  7  rear body section (both quarter panels, decklid, bumper, and

  8  floor pan); door assemblies; engine; frame; or transmission.

  9         (f)  "Major part" means the front-end assembly

10  (fenders, hood, grill, and bumper); cowl assembly; or rear

11  body section (both quarter panels, decklid, bumper, and floor

12  pan).

13         (3)

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

15  which is considered to be salvage shall, within 72 hours after

16  the motor vehicle or mobile home becomes salvage, forward the

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

18  for processing. However, an insurance company which pays money

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

20  home shall obtain the certificate of title for the motor

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

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

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

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

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

26  certificate of title or certificate of destruction from the

27  department. When applying for a salvage certificate of title

28  or certificate of destruction, the owner or insurance company

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

30  repairing the physical and mechanical damage suffered by the

31  vehicle for which a salvage certificate of title or

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  1  certificate of destruction is sought. If the estimated costs

  2  of repairing the physical and mechanical damage to the vehicle

  3  are equal to 80 percent or more of the current retail cost of

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

  5  mobile home guide, the department shall declare the vehicle

  6  unrebuildable and print a certificate of destruction, which

  7  authorizes the dismantling or destruction of the motor vehicle

  8  or mobile home described therein. This certificate of

  9  destruction shall be reassignable a maximum of two times

10  before dismantling or destruction of the vehicle shall be

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

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

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

14  and, thereafter, the department shall refuse issuance of any

15  certificate of title for that vehicle. Nothing in this

16  subsection shall be applicable when a vehicle is worth less

17  than $1,500 retail in undamaged condition in any official used

18  motor vehicle guide or used mobile home guide. An insurer

19  paying a total loss claim may obtain a certificate of

20  destruction for such vehicle. or When a stolen motor vehicle

21  or mobile home is recovered in substantially intact condition

22  and is readily resalable without extensive repairs to or

23  replacement of the frame or engine, the insurer shall obtain a

24  certificate of title in its own name before the vehicle may be

25  sold or transferred. Any person who willfully and deliberately

26  violates this paragraph or falsifies any document to avoid the

27  requirements of this paragraph commits a misdemeanor of the

28  first degree, punishable as provided in s. 775.082 or s.

29  775.083.

30         Section 15.  Subsection (1) of section 320.01, Florida

31  Statutes, is amended to read:

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  1         320.01  Definitions, general.--As used in the Florida

  2  Statutes, except as otherwise provided, the term:

  3         (1)  "Motor vehicle" means:

  4         (a)  An automobile, motorcycle, truck, trailer,

  5  semitrailer, truck tractor and semitrailer combination, or any

  6  other vehicle operated on the roads of this state, used to

  7  transport persons or property, and propelled by power other

  8  than muscular power, but the term does not include traction

  9  engines, road rollers, such vehicles as run only upon a track,

10  bicycles, motorized scooters, or mopeds.

11         (b)  A recreational vehicle-type unit primarily

12  designed as temporary living quarters for recreational,

13  camping, or travel use, which either has its own motive power

14  or is mounted on or drawn by another vehicle. Recreational

15  vehicle-type units, when traveling on the public roadways of

16  this state, must comply with the length and width provisions

17  of s. 316.515, as that section may hereafter be amended. As

18  defined below, the basic entities are:

19         1.  The "travel trailer," which is a vehicular portable

20  unit, mounted on wheels, of such a size or weight as not to

21  require special highway movement permits when drawn by a

22  motorized vehicle. It is primarily designed and constructed to

23  provide temporary living quarters for recreational, camping,

24  or travel use. It has a body width of no more than 8 1/2  feet

25  and an overall body length of no more than 40 feet when

26  factory-equipped for the road.

27         2.  The "camping trailer," which is a vehicular

28  portable unit mounted on wheels and constructed with

29  collapsible partial sidewalls which fold for towing by another

30  vehicle and unfold at the campsite to provide temporary living

31  quarters for recreational, camping, or travel use.

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  1         3.  The "truck camper," which is a truck equipped with

  2  a portable unit designed to be loaded onto, or affixed to, the

  3  bed or chassis of the truck and constructed to provide

  4  temporary living quarters for recreational, camping, or travel

  5  use.

  6         4.  The "motor home," which is a vehicular unit which

  7  does not exceed the 40 feet in length, and the height, and the

  8  width limitations provided in s. 316.515, is a self-propelled

  9  motor vehicle, and is primarily designed to provide temporary

10  living quarters for recreational, camping, or travel use.

11         5.  The "private motor coach," which is a vehicular

12  unit which does not exceed the length, width, and height

13  limitations provided in s. 316.515(9), is built on a

14  self-propelled bus type chassis having no fewer than three

15  load-bearing axles, and is primarily designed to provide

16  temporary living quarters for recreational, camping, or travel

17  use.

18         6.  The "van conversion," which is a vehicular unit

19  which does not exceed the length and width limitations

20  provided in s. 316.515, is built on a self-propelled motor

21  vehicle chassis, and is designed for recreation, camping, and

22  travel use.

23         7.  The "park trailer," which is a transportable unit

24  which has a body width not exceeding 14 feet and which is

25  built on a single chassis and is designed to provide seasonal

26  or temporary living quarters when connected to utilities

27  necessary for operation of installed fixtures and appliances.

28  The total area of the unit in a setup mode, when measured from

29  the exterior surface of the exterior stud walls at the level

30  of maximum dimensions, not including any bay window, does not

31  exceed 400 square feet when constructed to ANSI A-119.5

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  1  standards, and 500 square feet when constructed to United

  2  States Department of Housing and Urban Development Standards.

  3  The length of a park trailer means the distance from the

  4  exterior of the front of the body (nearest to the drawbar and

  5  coupling mechanism) to the exterior of the rear of the body

  6  (at the opposite end of the body), including any protrusions.

  7         8.  The "fifth-wheel trailer," which is a vehicular

  8  unit mounted on wheels, designed to provide temporary living

  9  quarters for recreational, camping, or travel use, of such

10  size or weight as not to require a special highway movement

11  permit, of gross trailer area not to exceed 400 square feet in

12  the setup mode, and designed to be towed by a motorized

13  vehicle that contains a towing mechanism that is mounted above

14  or forward of the tow vehicle's rear axle.

15         Section 16.  Subsections (5), (6), and (7) of section

16  320.023, Florida Statutes, are amended to read:

17         320.023  Requests to establish voluntary checkoff on

18  motor vehicle registration application.--

19         (5)  A voluntary contribution collected and distributed

20  under this chapter, or any interest earned from those

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

22  activities nor for general or administrative expenses, except

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

24  report required by law.

25         (a)  All organizations that receive annual use fee

26  proceeds from the department are responsible for ensuring that

27  proceeds are used in accordance with law.

28         (b)  All organizational recipients of any voluntary

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

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

31  submit an annual audit of the expenditures of these

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  1  contributions and interest earned from these contributions, to

  2  determine if expenditures are being made in accordance with

  3  the specifications outlined by law. The audit shall be

  4  prepared by a certified public accountant licensed under

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

  6  notes to the financial statements should state whether

  7  expenditures were made in accordance with law.

  8         (b)(c)  Any organization not subject to In lieu of an

  9  annual audit pursuant to s. 215.97 shall, any organization

10  receiving less than $15,000 in voluntary contributions

11  directly from the department may annually attest report, under

12  penalties of perjury, that such proceeds were used in

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

14  a form and format determined by the department.

15         (c)(d)  Any voluntary contributions authorized by law

16  shall only be distributed to an organization under an

17  appropriation by the Legislature.

18         (d)(e)  Any organization subject to audit pursuant to

19  s. 215.97 shall submit an audit report in accordance with

20  rules promulgated by the Auditor General. The annual

21  attestation audit or report shall be submitted to the

22  department for review within 9 months 180 days after the end

23  of the organization's fiscal year.

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

25  audit or attestation report, the department shall determine

26  which recipients have not complied with subsection (5).  If

27  the department determines that an organization has not

28  complied  or has failed to use the revenues in accordance with

29  law, the department must discontinue the distribution of the

30  revenues to the organization until the department determines

31  that the organization has complied. If an organization fails

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  1  to comply within 12 months after the voluntary contributions

  2  are withheld by the department, the proceeds shall be

  3  deposited into the Highway Safety Operating Trust Fund to

  4  offset department costs.

  5         (7)  The Auditor General and the department has have

  6  the authority to examine all records pertaining to the use of

  7  funds from the voluntary contributions authorized.

  8         Section 17.  Subsections (1) and (2) of section

  9  320.025, Florida Statutes, are amended to read:

10         320.025  Registration certificate and license plate

11  issued under fictitious name; application.--

12         (1)  A confidential registration certificate and

13  registration license plate or decal shall be issued under a

14  fictitious name only for a motor vehicle or vessel owned or

15  operated by a law enforcement agency of state, county,

16  municipal, or federal government, the Attorney General's

17  Medicaid Fraud Control Unit, or any state public defender's

18  office. The requesting agency shall file a written application

19  with the department on forms furnished by the department,

20  which includes a statement that the license plate will be used

21  for the Attorney General's Medicaid Fraud Control Unit, or law

22  enforcement or any state public defender's office activities

23  requiring concealment of publicly leased or owned motor

24  vehicles or vessels and a statement of the position

25  classifications of the individuals who are authorized to use

26  the license plate. The department may modify its records to

27  reflect the fictitious identity of the owner or lessee until

28  such time as the license plate and registration certificate

29  are surrendered to it.

30         (2)  Except as provided in subsection (1), any motor

31  vehicle owned or exclusively operated by the state or any

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  1  county, municipality, or other governmental entity must at all

  2  times display a license plate of the type prescribed in s.

  3  320.0655. Any vessel owned or exclusively operated by the

  4  state or any county, municipality, or other governmental

  5  entity must at all times display a registration number as

  6  required in s. 328.56 and a vessel decal as required in s.

  7  328.48(5).

  8         Section 18.  Subsections (1) and (2) of section 320.05,

  9  Florida Statutes, are amended read:

10         320.05  Records of the department; inspection

11  procedure; lists and searches; fees.--

12         (1)  Except as provided in ss. s. 119.07(3) and

13  320.025(3), the department may release records as provided in

14  this section.

15         (2)  Upon receipt of an application for the

16  registration of a motor vehicle, vessel, or mobile home, as

17  herein provided for, the department shall register the motor

18  vehicle, vessel, or mobile home under the distinctive number

19  assigned to such motor vehicle, vessel, or mobile home by the

20  department. Electronic registration records shall be open to

21  the inspection of the public during business hours.

22  Information on a motor vehicle or vessel registration may not

23  be made available to a person unless the person requesting the

24  information furnishes positive proof of identification. The

25  agency that furnishes a motor vehicle or vessel registration

26  record shall record the name and address of any person other

27  than a representative of a law enforcement agency who requests

28  and receives information from a motor vehicle or vessel

29  registration record and shall also record the name and address

30  of the person who is the subject of the inquiry or other

31  information identifying the entity about which information is

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  1  requested. A record of each such inquiry must be maintained

  2  for a period of 6 months from the date upon which the

  3  information was released to the inquirer. Nothing in this

  4  section shall prohibit any financial institution, insurance

  5  company, motor vehicle dealer, licensee under chapter 493,

  6  attorney, or other agency which the department determines has

  7  the right to know from obtaining, for professional or business

  8  use only, information in such records from the department

  9  through any means of telecommunication pursuant to a code

10  developed by the department providing all fees specified in

11  subsection (3) have been paid. The department shall disclose

12  records or information to the child support enforcement agency

13  to assist in the location of individuals who owe or

14  potentially owe child support or to whom such an obligation is

15  owed pursuant to Title IV-D of the Social Security Act.

16         Section 19.  Subsection (5) of section 320.055, Florida

17  Statutes, is amended to read:

18         320.055  Registration periods; renewal periods.--The

19  following registration periods and renewal periods are

20  established:

21         (5)  For a vehicle subject to apportioned registration

22  under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the

23  registration period shall be a period of 12 months beginning

24  in a month designated by the department and ending on the last

25  day of the 12th month.  For a vehicle subject to this

26  registration period, the renewal period is the last month of

27  the registration period. The registration period may be

28  shortened or extended at the discretion of the department, on

29  receipt of the appropriate prorated fees, in order to evenly

30  distribute such registrations on a monthly basis. For vehicles

31  subject to registration other than apportioned under s.

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  1  320.08(4), (5)(a)1., (6)(b), or (14), the registration period

  2  begins December 1 and ends November 30. The renewal period is

  3  the 31-day period beginning December 1.

  4         Section 20.  Paragraphs (b) and (c) of subsection (1)

  5  of section 320.06, Florida Statutes, are amended to read:

  6         320.06  Registration certificates, license plates, and

  7  validation stickers generally.--

  8         (1)

  9         (b)  Registration license plates bearing a graphic

10  symbol and the alphanumeric system of identification shall be

11  issued for a 5-year period. At the end of said 5-year period,

12  upon renewal, the plate shall be replaced. The fee for such

13  replacement shall be $10, $2 of which shall be paid each year

14  before the plate is replaced, to be credited towards the next

15  $10 replacement fee.  The fees shall be deposited into the

16  Highway Safety Operating Trust Fund.  A credit or refund shall

17  not be given for any prior years' payments of such prorated

18  replacement fee when the plate is replaced or surrendered

19  before the end of the 5-year period.  With each license plate,

20  there shall be issued a validation sticker showing the owner's

21  birth month, license plate number, and the year of expiration

22  or the appropriate renewal period if the owner is not a

23  natural person. The validation sticker is to be placed on the

24  upper right corner of the license plate. This validation

25  sticker shall be placed on the upper left corner of the

26  license plate and shall be issued one time during the life of

27  the license plate, or upon request when it has been damaged or

28  destroyed.  There shall also be issued with each license plate

29  a serially numbered validation sticker showing the year of

30  expiration, which sticker shall be placed on the upper right

31  corner of the license plate. Such license plate and validation

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  1  stickers shall be issued based on the applicant's appropriate

  2  renewal period.  The registration period shall be a period of

  3  12 months, and all expirations shall occur based on the

  4  applicant's appropriate registration period.  A vehicle with

  5  an apportioned registration shall be issued an annual license

  6  plate and a cab card that denote the declared gross vehicle

  7  weight for each apportioned jurisdiction in which the vehicle

  8  is authorized to operate.

  9         (c)  Registration license plates equipped with

10  validation stickers shall be valid for not more than 12 months

11  and shall expire at midnight on the last day of the

12  registration period.  For each registration period after the

13  one in which the metal registration license plate is issued,

14  and until the license plate is required to be replaced, a

15  validation sticker showing the month and year of expiration

16  shall be issued upon payment of the proper license tax amount

17  and fees and shall be valid for not more than 12 months. When

18  license plates equipped with validation stickers are issued in

19  any month other than the owner's birth month or the designated

20  registration period for any other motor vehicle, the effective

21  date shall reflect the birth month or month and the year of

22  renewal. However, when a license plate or validation sticker

23  is issued for a period of less than 12 months, the applicant

24  shall pay the appropriate amount of license tax and the

25  applicable fee under the provisions of s. 320.14 in addition

26  to all other fees.  Validation stickers issued for vehicles

27  taxed under the provisions of s. 320.08(6)(a), for any company

28  which owns 250 vehicles or more, or for semitrailers taxed

29  under the provisions of s. 320.08(5)(a), for any company which

30  owns 50 vehicles or more, may be placed on any vehicle in the

31  fleet so long as the vehicle receiving the validation sticker

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  1  has the same owner's name and address as the vehicle to which

  2  the validation sticker was originally assigned.

  3         Section 21.  Paragraphs (h) and (i) are added to

  4  subsection (2) of section 320.072, Florida Statutes, to read:

  5         320.072  Additional fee imposed on certain motor

  6  vehicle registration transactions.--

  7         (1)  A fee of $100 is imposed upon the initial

  8  application for registration pursuant to s. 320.06 of every

  9  motor vehicle classified in s. 320.08(2), (3), and (9)(c) and

10  (d).

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

12  to:

13         (h)  Any license plate issued in the previous 10-year

14  period from the date the transaction is being processed.

15         (i)  Any license plate issued to a vehicle taxed under

16  s. 320.08(2), (3), and (9)(c) or (d) at any time during the

17  previous 10-year period.

18         Section 22.  Subsection (6) of section 320.0805,

19  Florida Statutes, is amended to read:

20         320.0805  Personalized prestige license plates.--

21         (6)  A personalized prestige license plate shall be

22  issued for the exclusive continuing use of the applicant.  An

23  exact duplicate of any plate may not be issued to any other

24  applicant during the same registration period. An exact

25  duplicate may not be issued for any succeeding year unless the

26  previous owner of a specific plate relinquishes it by failure

27  to apply for renewal or reissuance for 1 year following the

28  last year of issuance three consecutive annual registration

29  periods following the original year of issuance.

30         Section 23.  Paragraph (c) of subsection (8) of section

31  320.08056, Florida Statutes, is amended to read:

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  1         320.08056  Specialty license plates.--

  2         (8)

  3         (c)  The requirements of paragraph (a) shall not apply

  4  to collegiate specialty license plates authorized in s.

  5  320.08058(3), and (13), (21), and (26).

  6         Section 24.  Section 320.08062, Florida Statutes, is

  7  amended to read:

  8         320.08062  Audits and attestation required; annual use

  9  fees of specialty license plates.--

10         (1)(a)  All organizations that receive annual use fee

11  proceeds from the department are responsible for ensuring that

12  proceeds are used in accordance with ss. 320.08056 and

13  320.08058.

14         (b)  All organizational recipients of any specialty

15  license plate annual use fee authorized in this chapter, not

16  otherwise subject to annual audit by the Office of the Auditor

17  General, shall submit an annual audit of the expenditures of

18  annual use fees and interest earned from these fees, to

19  determine if expenditures are being made in accordance with

20  the specifications outlined by law.  The audit shall be

21  prepared by a certified public accountant licensed under

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

23  notes to the financial statements should state whether

24  expenditures were made in accordance with ss. 320.08056 and

25  320.08058.

26         (b)(c)  Any organization not subject to In lieu of an

27  annual audit pursuant to s. 215.97 shall, any organization

28  receiving less than $25,000 in annual use fee proceeds

29  directly from the department, or from another state agency,

30  may annually attest report, under penalties of perjury, that

31  such proceeds were used in compliance with ss. 320.08056 and

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  1  320.08058. The attestation shall be made annually in a form

  2  and format determined by the department.

  3         (c)(d)  Any organization subject to audit pursuant to

  4  s. 215.97 shall submit an audit report in accordance with

  5  rules promulgated by the Auditor General. The annual

  6  attestation audit or report shall be submitted to the

  7  department for review within 9 months 180 days after the end

  8  of the organization's fiscal year.

  9         (2)  Within 90 days after receiving an organization's

10  audit or attestation report, the department shall determine

11  which recipients of revenues from specialty license plate

12  annual use fees have not complied with subsection (1). If the

13  department determines that an organization has not complied or

14  has failed to use the revenues in accordance with ss.

15  320.08056 and 320.08058, the department must discontinue the

16  distribution of the revenues to the organization until the

17  department determines that the organization has complied. If

18  an organization fails to comply within 12 months after the

19  annual use fee proceeds are withheld by the department, the

20  proceeds shall be deposited into the Highway Safety Operating

21  Trust Fund to offset department costs related to the issuance

22  of specialty license plates.

23         (3)  The Auditor General and the department has have

24  the authority to examine all records pertaining to the use of

25  funds from the sale of specialty license plates.

26         Section 25.  Subsection (1) of section 320.083, Florida

27  Statutes, is amended to read:

28         320.083  Amateur radio operators; special license

29  plates; fees.--

30         (1)  A person who is the owner or lessee of an

31  automobile or truck for private use, a truck weighing not more

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  1  than 7,999 5,000 pounds, or a recreational vehicle as

  2  specified in s. 320.08(9)(c) or (d), which is not used for

  3  hire or commercial use; who is a resident of the state; and

  4  who holds a valid official amateur radio station license

  5  issued by the Federal Communications Commission shall be

  6  issued a special license plate upon application, accompanied

  7  by proof of ownership of such radio station license, and

  8  payment of the following tax and fees:

  9         (a)  The license tax required for the vehicle, as

10  prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b),

11  (c), (d), (e), or (f), or (9); and

12         (b)  An initial additional fee of $5, and an additional

13  fee of $1.50 thereafter.

14         Section 26.  Subsections (2) and (3) of section

15  320.089, Florida Statutes, are amended to read:

16         320.089  Members of National Guard and active United

17  States Armed Forces reservists; former prisoners of war;

18  survivors of Pearl Harbor; Purple Heart medal recipients;

19  special license plates; fee.--

20         (2)  Each owner or lessee of an automobile or truck for

21  private use, truck weighing not more than 7,999 5,000 pounds,

22  or recreational vehicle as specified in s. 320.08(9)(c) or

23  (d), which is not used for hire or commercial use, who is a

24  resident of the state and who is a former prisoner of war, or

25  their unremarried surviving spouse, shall, upon application

26  therefor to the department, be issued a license plate as

27  provided in s. 320.06, on which license plate are stamped the

28  words "Ex-POW" followed by the serial number. Each application

29  shall be accompanied by proof that the applicant meets the

30  qualifications specified in paragraph (a) or paragraph (b).

31

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  1         (a)  A citizen of the United States who served as a

  2  member of the Armed Forces of the United States or the armed

  3  forces of a nation allied with the United States who was held

  4  as a prisoner of war at such time as the Armed Forces of the

  5  United States were engaged in combat, or their unremarried

  6  surviving spouse, may be issued the special license plate

  7  provided for in this subsection without payment of the license

  8  tax imposed by s. 320.08.

  9         (b)  A person who was serving as a civilian with the

10  consent of the United States Government, or a person who was a

11  member of the Armed Forces of the United States who was not a

12  United States citizen and was held as a prisoner of war when

13  the Armed Forces of the United States were engaged in combat,

14  or their unremarried surviving spouse, may be issued the

15  special license plate provided for in this subsection upon

16  payment of the license tax imposed by s. 320.08.

17         (3)  Each owner or lessee of an automobile or truck for

18  private use, truck weighing not more than 7,999 5,000 pounds,

19  or recreational vehicle as specified in s. 320.08(9)(c) or

20  (d), which is not used for hire or commercial use, who is a

21  resident of this state and who is the unremarried surviving

22  spouse of a recipient of the Purple Heart medal shall, upon

23  application therefor to the department, with the payment of

24  the required fees, be issued a license plate as provided in s.

25  320.06, on which license plate are stamped the words "Purple

26  Heart" and the likeness of the Purple Heart medal followed by

27  the serial number.  Each application shall be accompanied by

28  proof that the applicant is the unremarried surviving spouse

29  of a recipient of the Purple Heart medal.

30         Section 27.  Subsection (1) of section 320.18, Florida

31  Statutes, is amended to read:

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  1         320.18  Withholding registration.--

  2         (1)  The department may withhold the registration of

  3  any motor vehicle or mobile home the owner of which has failed

  4  to register it under the provisions of law for any previous

  5  period or periods for which it appears registration should

  6  have been made in this state, until the tax for such period or

  7  periods is paid. The department may cancel any license plate

  8  or fuel-use tax decal if the owner pays for the license plate,

  9  fuel-use tax decal, or any tax liability, penalty, or interest

10  specified in chapter 207 by a dishonored check, or if the

11  vehicle owner or motor carrier has failed to pay a penalty for

12  a weight or safety violation issued by the Department of

13  Transportation Motor Carrier Compliance Office. The Department

14  of Transportation and the Department of Highway Safety and

15  Motor Vehicles may impound any commercial motor vehicle that

16  has a canceled license plate or fuel-use tax decal until the

17  tax liability, penalty, and interest specified in chapter 207,

18  the license tax, or the fuel-use decal fee, and applicable

19  administrative fees have been paid for by certified funds.

20         Section 28.  Paragraph (c) of subsection (1) and

21  subsections (7) and (9) of section 320.27, Florida Statutes,

22  are amended to read:

23         320.27  Motor vehicle dealers.--

24         (1)  DEFINITIONS.--The following words, terms, and

25  phrases when used in this section have the meanings

26  respectively ascribed to them in this subsection, except where

27  the context clearly indicates a different meaning:

28         (c)  "Motor vehicle dealer" means any person engaged in

29  the business of buying, selling, or dealing in motor vehicles

30  or offering or displaying motor vehicles for sale at wholesale

31  or retail, or who may service and repair motor vehicles

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  1  pursuant to an agreement as defined in s. 320.60(1). Any

  2  person who buys, sells, or deals in three or more motor

  3  vehicles in any 12-month period or who offers or displays for

  4  sale three or more motor vehicles in any 12-month period shall

  5  be prima facie presumed to be engaged in such business. The

  6  terms "selling" and "sale" include lease-purchase

  7  transactions. A motor vehicle dealer may, at retail or

  8  wholesale, sell a recreational vehicle as described in s.

  9  320.01(1)(b)1.-6. and 8., acquired in exchange for the sale of

10  a motor vehicle, provided such acquisition is incidental to

11  the principal business of being a motor vehicle dealer.

12  However, a motor vehicle dealer may not buy a recreational

13  vehicle for the purpose of resale unless licensed as a

14  recreational vehicle dealer pursuant to s. 320.771. A motor

15  vehicle dealer may apply for a certificate of title to a motor

16  vehicle required to be registered under s. 320.08(2)(b), (c),

17  and (d), using a manufacturer's statement of origin as

18  permitted by s. 319.23(1), only if such dealer is authorized

19  by a franchised agreement as defined in s. 320.60(1), to buy,

20  sell, or deal in such vehicle and is authorized by such

21  agreement to perform delivery and preparation obligations and

22  warranty defect adjustments on the motor vehicle; provided

23  this limitation shall not apply to recreational vehicles, van

24  conversions, or any other motor vehicle manufactured on a

25  truck chassis. The transfer of a motor vehicle by a dealer not

26  meeting these qualifications shall be titled as a used

27  vehicle. The classifications of motor vehicle dealers are

28  defined as follows:

29         1.  "Franchised motor vehicle dealer" means any person

30  who engages in the business of repairing, servicing, buying,

31

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  1  selling, or dealing in motor vehicles pursuant to an agreement

  2  as defined in s. 320.60(1).

  3         2.  "Independent motor vehicle dealer" means any person

  4  other than a franchised or wholesale motor vehicle dealer who

  5  engages in the business of buying, selling, or dealing in

  6  motor vehicles, and who may service and repair motor vehicles.

  7         3.  "Wholesale motor vehicle dealer" means any person

  8  who engages exclusively in the business of buying, selling, or

  9  dealing in motor vehicles at wholesale or with motor vehicle

10  auctions. Such person shall be licensed to do business in this

11  state, shall not sell or auction a vehicle to any person who

12  is not a licensed dealer, and shall not have the privilege of

13  the use of dealer license plates. Any person who buys, sells,

14  or deals in motor vehicles at wholesale or with motor vehicle

15  auctions on behalf of a licensed motor vehicle dealer and as a

16  bona fide employee of such licensed motor vehicle dealer is

17  not required to be licensed as a wholesale motor vehicle

18  dealer. In such cases it shall be prima facie presumed that a

19  bona fide employer-employee relationship exists. A wholesale

20  motor vehicle dealer shall be exempt from the display

21  provisions of this section but shall maintain an office

22  wherein records are kept in order that those records may be

23  inspected.

24         4.  "Motor vehicle auction" means any person offering

25  motor vehicles or recreational vehicles for sale to the

26  highest bidder where both sellers and buyers are licensed

27  motor vehicle dealers. Such person shall not sell a vehicle to

28  anyone other than a licensed motor vehicle dealer.

29         5.  "Salvage motor vehicle dealer" means any person who

30  engages in the business of acquiring salvaged or wrecked motor

31  vehicles for the purpose of reselling them and their parts.

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  1

  2  The term "motor vehicle dealer" does not include persons not

  3  engaged in the purchase or sale of motor vehicles as a

  4  business who are disposing of vehicles acquired for their own

  5  use or for use in their business or acquired by foreclosure or

  6  by operation of law, provided such vehicles are acquired and

  7  sold in good faith and not for the purpose of avoiding the

  8  provisions of this law; persons engaged in the business of

  9  manufacturing, selling, or offering or displaying for sale at

10  wholesale or retail no more than 25 trailers in a 12-month

11  period; public officers while performing their official

12  duties; receivers; trustees, administrators, executors,

13  guardians, or other persons appointed by, or acting under the

14  judgment or order of, any court; banks, finance companies, or

15  other loan agencies that acquire motor vehicles as an incident

16  to their regular business; motor vehicle brokers; and motor

17  vehicle rental and leasing companies that sell motor vehicles

18  to motor vehicle dealers licensed under this section. Vehicles

19  owned under circumstances described in this paragraph may be

20  disposed of at retail, wholesale, or auction, unless otherwise

21  restricted. A manufacturer of fire trucks, ambulances, or

22  school buses may sell such vehicles directly to governmental

23  agencies or to persons who contract to perform or provide

24  firefighting, ambulance, or school transportation services

25  exclusively to governmental agencies without processing such

26  sales through dealers if such fire trucks, ambulances, school

27  buses, or similar vehicles are not presently available through

28  motor vehicle dealers licensed by the department.

29         (7)  CERTIFICATE OF TITLE REQUIRED.--For each used

30  motor vehicle in the possession of a licensee and offered for

31  sale by him or her, the licensee either shall have in his or

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  1  her possession or control a duly assigned certificate of title

  2  from the owner in accordance with the provisions of chapter

  3  319, from the time when the motor vehicle is delivered to the

  4  licensee and offered for sale by him or her until it has been

  5  disposed of by the licensee, or shall have reasonable indicia

  6  of ownership or right of possession, or shall have made proper

  7  application for a certificate of title or duplicate

  8  certificate of title in accordance with the provisions of

  9  chapter 319.  A motor vehicle dealer may not sell or offer for

10  sale a vehicle in his or her possession unless the dealer

11  satisfies the requirements of this subsection. Reasonable

12  indicia of ownership shall include a duly assigned certificate

13  of title; in the case of a new motor vehicle, a manufacturer's

14  certificate of origin issued to or reassigned to the dealer; a

15  consignment contract between the owner and the dealer along

16  with a secure power of attorney from the owner to the dealer

17  authorizing the dealer to apply for a duplicate certificate of

18  title and assign the title on behalf of the owner; a court

19  order awarding title to the vehicle to the dealer; a salvage

20  certificate of title; a photocopy of a duly assigned

21  certificate of title being held by a financial institution as

22  collateral for a business loan of money to the dealer ("floor

23  plan"); a copy of a canceled check or other documentation

24  evidencing that an outstanding lien on a vehicle taken in

25  trade by a licensed dealer has been satisfied and that the

26  certificate of title will be, but has not yet been, received

27  by the dealer; a vehicle purchase order or installment

28  contract for a specific vehicle identifying that vehicle as a

29  trade-in on a replacement vehicle; or a duly executed odometer

30  disclosure statement as required by Title IV of the Motor

31  Vehicle Information and Cost Savings Act of 1972 (Pub. L. No.

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  1  92-513, as amended by Pub. L. No. 94-364 and Pub. L. No.

  2  100-561) and by 49 C.F.R. part 580 bearing the signatures of

  3  the titled owners of a traded-in vehicle.

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

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

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

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

  8  provisions with sufficient frequency so as to establish a

  9  pattern of wrongdoing on the part of the licensee:

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

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

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

13  mobile homes or willful failure to comply with any

14  administrative rule promulgated by the department.

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

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

17  C.F.R. part 455, pertaining to the consumer sales window form.

18         (b)  Commission of fraud or willful misrepresentation

19  in application for or in obtaining a license.

20         (c)  Perpetration of a fraud upon any person as a

21  result of dealing in motor vehicles, including, without

22  limitation, the misrepresentation to any person by the

23  licensee of the licensee's relationship to any manufacturer,

24  importer, or distributor.

25         (d)  Representation that a demonstrator is a new motor

26  vehicle, or the attempt to sell or the sale of a demonstrator

27  as a new motor vehicle without written notice to the purchaser

28  that the vehicle is a demonstrator. For the purposes of this

29  section, a "demonstrator," a "new motor vehicle," and a "used

30  motor vehicle" shall be defined as under s. 320.60.

31

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  1         (e)  Unjustifiable refusal to comply with a licensee's

  2  responsibility under the terms of the new motor vehicle

  3  warranty issued by its respective manufacturer, distributor,

  4  or importer. However, if such refusal is at the direction of

  5  the manufacturer, distributor, or importer, such refusal shall

  6  not be a ground under this section.

  7         (f)  Misrepresentation or false, deceptive, or

  8  misleading statements with regard to the sale or financing of

  9  motor vehicles which any motor vehicle dealer has, or causes

10  to have, advertised, printed, displayed, published,

11  distributed, broadcast, televised, or made in any manner with

12  regard to the sale or financing of motor vehicles.

13         (g)  Requirement by any motor vehicle dealer that a

14  customer or purchaser accept equipment on his or her motor

15  vehicle which was not ordered by the customer or purchaser.

16         (h)  Requirement by any motor vehicle dealer that any

17  customer or purchaser finance a motor vehicle with a specific

18  financial institution or company.

19         (i)  Failure by any motor vehicle dealer to provide a

20  customer or purchaser with an odometer disclosure statement

21  and a copy of any bona fide written, executed sales contract

22  or agreement of purchase connected with the purchase of the

23  motor vehicle purchased by the customer or purchaser.

24         (j)  Failure of any motor vehicle dealer to comply with

25  the terms of any bona fide written, executed agreement,

26  pursuant to the sale of a motor vehicle.

27         (k)  Requirement by the motor vehicle dealer that the

28  purchaser of a motor vehicle contract with the dealer for

29  physical damage insurance.

30         (l)  Violation of any of the provisions of s. 319.35 by

31  any motor vehicle dealer.

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  1         (m)  Either a history of bad credit or an unfavorable

  2  credit rating as revealed by the applicant's official credit

  3  report or by investigation by the department.

  4         (n)  Failure to disclose damage to a new motor vehicle

  5  as defined in s. 320.60(10) of which the dealer had actual

  6  knowledge if the dealer's actual cost of repair, excluding

  7  tires, bumpers, and glass, exceeds 3 percent of the

  8  manufacturer's suggested retail price; provided, however, if

  9  only the application of exterior paint is involved, disclosure

10  shall be made if such touch-up paint application exceeds $100.

11         (o)  Failure to apply for transfer of a title as

12  prescribed in s. 319.23(6).

13         (p)  Use of the dealer license identification number by

14  any person other than the licensed dealer or his or her

15  designee.

16         (q)  Conviction of a felony.

17         (r)  Failure to continually meet the requirements of

18  the licensure law.

19         (s)  A person who has been When a motor vehicle dealer

20  is convicted of a crime, infraction, or violation as set forth

21  in paragraph (g) which results in his or her being prohibited

22  from continuing in that capacity, the dealer may not serve

23  continue in any capacity within the industry.  Such person The

24  offender shall have no financial interest, management, sales,

25  or other role in the operation of a dealership.  Further, the

26  person offender may not derive income from the dealership

27  beyond reasonable compensation for the sale of his or her

28  ownership interest in the business. The license or application

29  of any dealership in which such person has an interest or

30  plays a role in violation of this subsection shall be denied

31  or revoked, as the case may be.

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  1         (t)  Representation to a customer or any advertisement

  2  to the general public representing or suggesting that a motor

  3  vehicle is a new motor vehicle if such vehicle lawfully cannot

  4  be titled in the name of the customer or other member of the

  5  general public by the seller using a manufacturer's statement

  6  of origin as permitted in s. 319.23(1).

  7         (u)  Failure to honor a bank draft or check given to a

  8  motor vehicle dealer for the purchase of a motor vehicle by

  9  another motor vehicle dealer within 10 days after notification

10  that the bank draft or check has been dishonored.  A single

11  violation of this paragraph is sufficient for revocation or

12  suspension.  If the transaction is disputed, the maker of the

13  bank draft or check shall post a bond in accordance with the

14  provisions of s. 559.917, and no proceeding for revocation or

15  suspension shall be commenced until the dispute is resolved.

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

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

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

19  customer, unless the customer provides written authorization

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

21  newly acquired vehicle.

22         Section 29.  Subsection (24) is added to section

23  320.64, Florida Statutes, to read:

24         320.64  Denial, suspension, or revocation of license;

25  grounds.--A license may be denied, suspended, or revoked

26  within the entire state or at any specific location or

27  locations within the state at which the applicant or licensee

28  engages or proposes to engage in business, upon proof that an

29  applicant or licensee has failed to comply with any of the

30  following provisions with sufficient frequency so as to

31

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  1  establish a pattern of wrongdoing on the part of the

  2  applicant:

  3         (24) The applicant or licensee has, directly or

  4  indirectly, competed with a motor vehicle dealer of the same

  5  line-make located in this state with which the applicant or

  6  licensee has entered into a franchise agreement, except as

  7  permitted in s. 320.645.

  8

  9  A motor vehicle dealer who can demonstrate that a violation

10  of, or failure to comply with, any of the preceding provisions

11  by an applicant or licensee will or can adversely and

12  pecuniarily affect the complaining dealer, shall be entitled

13  to pursue all of the remedies, procedures, and rights of

14  recovery available under ss. 320.695 and 320.697.

15         Section 30.  Section 320.691, Florida Statutes, is

16  created to read:

17         320.691  Automobile Dealers Industry Advisory Board.--

18         (1)  AUTOMOBILE DEALERS INDUSTRY ADVISORY BOARD.--The

19  Automobile Dealers Industry Advisory Board is created within

20  the Department of Highway Safety and Motor Vehicles. The board

21  shall make recommendations on proposed legislation, make

22  recommendations on proposed rules and procedures, present

23  licensed motor vehicle industry dealer issues to the

24  department for its consideration, consider any matters

25  relating to the motor vehicle industry presented to it by the

26  department, and submit an annual report to the Executive

27  Director of the department and file copies with the Governor,

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

29  Representatives.

30         (2)  MEMBERSHIP, TERMS, MEETINGS.--

31

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  1         (a)  The board shall be composed of 12 members. The

  2  Executive Director of the Department of Highway Safety and

  3  Motor Vehicles shall appoint the members from names submitted

  4  by the entities for the designated categories the member will

  5  represent. The Executive Director shall appoint one

  6  representative of the Department of Highway Safety and Motor

  7  Vehicles, who must represent the Division of Motor Vehicles;

  8  two representatives of the independent motor vehicle industry

  9  as recommended by the Florida Independent Automobile Dealers

10  Association; two representatives of the franchise motor

11  vehicle industry as recommended by the Florida Automobile

12  Dealers Association; one representative of the auction motor

13  vehicle industry who is from an auction chain and is

14  recommended by a group affiliated with the National Auto

15  Auction Association; one representative of the auction motor

16  vehicle industry who is from an independent auction and is

17  recommended by a group affiliated with the National Auto

18  Auction Association; one representative from the Department of

19  Revenue; a Florida Tax Collector representative recommended by

20  the Florida Tax Collectors Association; one representative

21  from the Better Business Bureau; one representative from the

22  Department of Agriculture and Consumer Services, who must

23  represent the Division of Consumer Services; and one

24  representative of the insurance industry who writes motor

25  vehicle dealer surety bonds.

26         (b)1.  The Executive Director shall appoint the

27  following initial members to 1-year terms: one representative

28  from the motor vehicle auction industry who represents an

29  auction chain, one representative from the independent motor

30  vehicle industry, one representative from the franchise motor

31  vehicle industry, one representative from the Department of

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  1  Revenue, one Florida Tax Collector, and one representative

  2  from the Better Business Bureau.

  3         2.  The Executive Director shall appoint the following

  4  initial members to 2-year terms: one representative from the

  5  motor vehicle auction industry who represents an independent

  6  auction, one representative from the independent motor vehicle

  7  industry, one representative from the franchise motor vehicle

  8  industry, one representative from the Division of Consumer

  9  Services, one representative from the insurance industry, and

10  one representative from the Division of Motor Vehicles.

11         3.  As the initial terms expire, the Executive Director

12  shall appoint successors from the same designated category for

13  terms of 2 years. If renominated, a member may succeed himself

14  or herself.

15         4.  The board shall appoint a chair and vice chair at

16  its initial meeting and every 2 years thereafter.

17         (c)  The board shall meet at least two times per year.

18  Meetings may be called by the chair of the board or by the

19  Executive Director of the department. One meeting shall be

20  held in the fall of the year to review legislative proposals.

21  The board shall conduct all meetings in accordance with

22  applicable Florida Statutes and shall keep minutes of all

23  meetings. Meetings may be held in locations around the state

24  in department facilities or in other appropriate locations.

25         (3)  PER DIEM, TRAVEL, AND STAFFING.--Members of the

26  board from the private sector are not entitled to per diem or

27  reimbursement for travel expenses. However, members of the

28  board from the public sector are entitled to reimbursement, if

29  any, from their respective agency. Members of the board may

30  request assistance from the Department of Highway Safety and

31  Motor Vehicles as necessary.

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  1         Section 31.  Subsection (26) of section 322.01, Florida

  2  Statutes, is amended to read:

  3         322.01  Definitions.--As used in this chapter:

  4         (26)  "Motor vehicle" means any self-propelled vehicle,

  5  including a motor vehicle combination, not operated upon rails

  6  or guideway, excluding vehicles moved solely by human power,

  7  motorized wheelchairs, motorized scooters, and motorized

  8  bicycles as defined in s. 316.003.

  9         Section 32.  Subsection (4) of section 322.05, Florida

10  Statutes, is amended to read:

11         322.05  Persons not to be licensed.--The department may

12  not issue a license:

13         (4)  Except as provided by this subsection, to any

14  person, as a Class A licensee, Class B licensee, Class C

15  licensee, or Class D licensee, who is under the age of 18

16  years.  A person age 16 or 17 years who applies for a Class D

17  driver's license is subject to all the requirements and

18  provisions of ss. 322.05(2)(a) and (b), 322.09, and 322.16(2)

19  and (3). Any person who applies for a Class D driver's license

20  who is age 16 or 17 years must have had a learner's driver's

21  license or a driver's license for at least 90 days before he

22  or she is eligible to receive a Class D driver's license. The

23  department may require of any such applicant for a Class D

24  driver's license such examination of the qualifications of the

25  applicant as the department considers proper, and the

26  department may limit the use of any license granted as it

27  considers proper.

28         Section 33.  Subsections (5), (6), and (7) of section

29  322.081, Florida Statutes, are amended to read:

30         322.081  Requests to establish voluntary checkoff on

31  driver's license application.--

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  1         (5)  A voluntary contribution collected and distributed

  2  under this chapter, or any interest earned from those

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

  4  activities nor for general or administrative expenses, except

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

  6  report required by law.

  7         (a)  All organizations that receive annual use fee

  8  proceeds from the department are responsible for ensuring that

  9  proceeds are used in accordance with law.

10         (b)  All organizational recipients of any voluntary

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

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

13  submit an annual audit of the expenditures of these

14  contributions and interest earned from these contributions, to

15  determine if expenditures are being made in accordance with

16  the specifications outlined by law. The audit shall be

17  prepared by a certified public accountant licensed under

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

19  notes to the financial statements should state whether

20  expenditures were made in accordance with law.

21         (b)(c)  Any organization not subject to In lieu of an

22  annual audit, pursuant to s. 215.97 shall any organization

23  receiving less than $15,000 in voluntary contributions

24  directly from the department may annually attest report, under

25  penalties of perjury, that such proceeds were used in

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

27  a form and format determined by the department.

28         (c)(d)  Any voluntary contributions authorized by law

29  shall only be distributed to an organization under an

30  appropriation by the Legislature.

31

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  1         (d)(e)  Any organization subject to audit pursuant to

  2  s. 215.97 shall submit an audit report in accordance with

  3  rules promulgated by the Auditor General. The annual

  4  attestation audit or report must be submitted to the

  5  department for review within 9 months 180 days after the end

  6  of the organization's fiscal year.

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

  8  audit or attestation report, the department shall determine

  9  which recipients have not complied with subsection (5).  If

10  the department determines that an organization has not

11  complied  or has failed to use the revenues in accordance with

12  law, the department must discontinue the distribution of the

13  revenues to the organization until the department determines

14  that the organization has complied. If an organization fails

15  to comply within 12 months after the voluntary contributions

16  are withheld by the department, the proceeds shall be

17  deposited into the Highway Safety Operating Trust Fund to

18  offset department costs.

19         (7)  The Auditor General and the department has have

20  the authority to examine all records pertaining to the use of

21  funds from the voluntary contributions authorized.

22         Section 34.  Subsections (2) and (3) of section

23  322.126, Florida Statutes, are amended to read:

24         322.126  Report of disability to department; content;

25  use.--

26         (2)  Any physician, health care professional, person,

27  or agency, or two family members having knowledge of any

28  licensed driver's or applicant's mental or physical disability

29  to drive or need to obtain or to wear a medical identification

30  bracelet is authorized to report such knowledge to the

31  Department of Highway Safety and Motor Vehicles. A person may

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  1  report a driver to any law enforcement agency in a sworn

  2  statement. The law enforcement agency may investigate the

  3  basis of the report and determine if the driver should be

  4  reported to the department. The report should be made in

  5  writing giving the full name, date of birth, address, and a

  6  description of the alleged disability of any person over 15

  7  years of age having mental or physical disorders that could

  8  affect his or her driving ability.

  9         (3)  The reports authorized by this section shall be

10  confidential and exempt from the provisions of s. 119.07(1)

11  and shall be used solely for the purpose of determining the

12  qualifications of any person to operate a motor vehicle on the

13  highways of this state.  No civil or criminal action may be

14  brought against any physician, person, or agency that who

15  provides the information required herein.

16         Section 35.  Section 322.222, Florida Statutes, is

17  created to read:

18         322.222  Right to review.--A driver may request an

19  administrative hearing to review a revocation pursuant to s.

20  322.221(3). The hearing shall be held in accordance with the

21  department's administrative rules that the department shall

22  have promulgated pursuant to chapter 120.

23         Section 36.  Subsection (7) of section 322.25, Florida

24  Statutes, is amended to read:

25         322.25  When court to forward license to department and

26  report convictions; temporary reinstatement of driving

27  privileges.--

28         (7)  Any licensed driver convicted of driving, or being

29  in the actual physical control of, a vehicle within this state

30  while under the influence of alcoholic beverages, any chemical

31  substance set forth in s. 877.111, or any substance controlled

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  1  under chapter 893, when affected to the extent that his or her

  2  normal faculties are impaired, and whose license and driving

  3  privilege have been revoked as provided in subsection (1) may

  4  be issued a court order for reinstatement of a driving

  5  privilege on a temporary basis; provided that, as a part of

  6  the penalty, upon conviction, the defendant is required to

  7  enroll in and complete a driver improvement course for the

  8  rehabilitation of drinking drivers and the driver is otherwise

  9  eligible for reinstatement of the driving privilege as

10  provided by s. 322.282.  The court order for reinstatement

11  shall be on a form provided by the department and must be

12  taken by the person convicted to a Florida driver's license

13  examining office, where a temporary driving permit may be

14  issued. The period of time for which a temporary permit issued

15  in accordance with this subsection is valid shall be deemed to

16  be part of the period of revocation imposed by the court.

17         Section 37.  Subsections (1), (3), and (10) of section

18  322.2615, Florida Statutes, are amended to read:

19         322.2615  Suspension of license; right to review.--

20         (1)(a)  A law enforcement officer or correctional

21  officer shall, on behalf of the department, suspend the

22  driving privilege of a person who has been arrested by a law

23  enforcement officer for a violation of s. 316.193, relating to

24  unlawful blood-alcohol level or breath-alcohol level, or of a

25  person who has refused to submit to a breath, urine, or blood

26  test authorized by s. 316.1932.  The officer shall take the

27  person's driver's license and issue the person a 10-day 30-day

28  temporary permit if the person is otherwise eligible for the

29  driving privilege and shall issue the person a notice of

30  suspension. If a blood test has been administered, the results

31  of which are not available to the officer at the time of the

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  1  arrest, the agency employing the officer shall transmit such

  2  results to the department within 5 days after receipt of the

  3  results.  If the department then determines that the person

  4  was arrested for a violation of s. 316.193 and that the person

  5  had a blood-alcohol level or breath-alcohol level of 0.08 or

  6  higher, the department shall suspend the person's driver's

  7  license pursuant to subsection (3).

  8         (b)  The suspension under paragraph (a) shall be

  9  pursuant to, and the notice of suspension shall inform the

10  driver of, the following:

11         1.a.  The driver refused to submit to a lawful breath,

12  blood, or urine test and his or her driving privilege is

13  suspended for a period of 1 year for a first refusal or for a

14  period of 18 months if his or her driving privilege has been

15  previously suspended as a result of a refusal to submit to

16  such a test; or

17         b.  The driver violated s. 316.193 by driving with an

18  unlawful blood-alcohol level as provided in that section and

19  his or her driving privilege is suspended for a period of 6

20  months for a first offense or for a period of 1 year if his or

21  her driving privilege has been previously suspended for a

22  violation of s. 316.193.

23         2.  The suspension period shall commence on the date of

24  arrest or issuance of the notice of suspension, whichever is

25  later.

26         3.  The driver may request a formal or informal review

27  of the suspension by the department within 10 days after the

28  date of arrest or issuance of the notice of suspension,

29  whichever is later.

30         4.  The temporary permit issued at the time of arrest

31  will expire at midnight of the 10th 30th day following the

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  1  date of arrest or issuance of the notice of suspension,

  2  whichever is later.

  3         5.  The driver may submit to the department any

  4  materials relevant to the arrest.

  5         (3)  If the department determines that the license of

  6  the person arrested should be suspended pursuant to this

  7  section and if the notice of suspension has not already been

  8  served upon the person by a law enforcement officer or

  9  correctional officer as provided in subsection (1), the

10  department shall issue a notice of suspension and, unless the

11  notice is mailed pursuant to s. 322.251, a temporary permit

12  which expires 10 30 days after the date of issuance if the

13  driver is otherwise eligible.

14         (10)  A person whose driver's license is suspended

15  under subsection (1) or subsection (3) may apply for issuance

16  of a license for business or employment purposes only if the

17  person is otherwise eligible for the driving privilege

18  pursuant to s. 322.271.

19         (a)  If the suspension of the driver's license of the

20  person for failure to submit to a breath, urine, or blood test

21  is sustained, the person is not eligible to receive a license

22  for business or employment purposes only, pursuant to s.

23  322.271, until 90 days have elapsed after the expiration of

24  the last temporary permit issued.  If the driver is not issued

25  a 10-day 30-day permit pursuant to this section or s. 322.64

26  because he or she is ineligible for the permit and the

27  suspension for failure to submit to a breath, urine, or blood

28  test is not invalidated by the department, the driver is not

29  eligible to receive a business or employment license pursuant

30  to s. 322.271 until 90 days have elapsed from the date of the

31  suspension.

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  1         (b)  If the suspension of the driver's license of the

  2  person arrested for a violation of s. 316.193, relating to

  3  unlawful blood-alcohol level, is sustained, the person is not

  4  eligible to receive a license for business or employment

  5  purposes only pursuant to s. 322.271 until 30 days have

  6  elapsed after the expiration of the last temporary permit

  7  issued.  If the driver is not issued a 10-day 30-day permit

  8  pursuant to this section or s. 322.64 because he or she is

  9  ineligible for the permit and the suspension for a violation

10  of s. 316.193, relating to unlawful blood-alcohol level, is

11  not invalidated by the department, the driver is not eligible

12  to receive a business or employment license pursuant to s.

13  322.271 until 30 days have elapsed from the date of the

14  arrest.

15         Section 38.  Subsection (5) of section 322.27, Florida

16  Statutes, is amended to read:

17         322.27  Authority of department to suspend or revoke

18  license.--

19         (5)  The department shall revoke the license of any

20  person designated a habitual offender, as set forth in s.

21  322.264, and such person shall not be eligible to be

22  relicensed for a minimum of 5 years from the date of

23  revocation, except as provided for in s. 322.271.  Any person

24  whose license is revoked may, by petition to the department,

25  show cause why his or her license should not be revoked.

26         Section 39.  Subsection (2) of section 322.28, Florida

27  Statutes, is amended to read:

28         322.28  Period of suspension or revocation.--

29         (2)  In a prosecution for a violation of s. 316.193 or

30  former s. 316.1931, the following provisions apply:

31

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  1         (a)  Upon conviction of the driver, the court, along

  2  with imposing sentence, shall revoke the driver's license or

  3  driving privilege of the person so convicted, effective on the

  4  date of conviction, and shall prescribe the period of such

  5  revocation in accordance with the following provisions:

  6         1.  Upon a first conviction for a violation of the

  7  provisions of s. 316.193, except a violation resulting in

  8  death, the driver's license or driving privilege shall be

  9  revoked for not less than 180 days or more than 1 year.

10         2.  Upon a second conviction within a period of 5 years

11  from the date of a prior conviction for a violation of the

12  provisions of s. 316.193 or former s. 316.1931 or a

13  combination of such sections, the driver's license or driving

14  privilege shall be revoked for not less than 5 years.

15         3.  Upon a third conviction within a period of 10 years

16  from the date of conviction of the first of three or more

17  convictions for the violation of the provisions of s. 316.193

18  or former s. 316.1931 or a combination of such sections, the

19  driver's license or driving privilege shall be revoked for not

20  less than 10 years.

21

22  For the purposes of this paragraph, a previous conviction

23  outside this state for driving under the influence, driving

24  while intoxicated, driving with an unlawful blood-alcohol

25  level, or any other alcohol-related or drug-related traffic

26  offense similar to the offense of driving under the influence

27  as proscribed by s. 316.193 will be considered a previous

28  conviction for violation of s. 316.193, and a conviction for

29  violation of former s. 316.028, former s. 316.1931, or former

30  s. 860.01 is considered a conviction for violation of s.

31  316.193.

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  1         (b)  If the period of revocation was not specified by

  2  the court at the time of imposing sentence or within 30 days

  3  thereafter, and is not otherwise specified by law, the

  4  department shall forthwith revoke the driver's license or

  5  driving privilege for the maximum period applicable under

  6  paragraph (a) for a first conviction and for the minimum

  7  period applicable under paragraph (a) for any subsequent

  8  convictions. The driver may, within 30 days after such

  9  revocation by the department, petition the court for further

10  hearing on the period of revocation, and the court may reopen

11  the case and determine the period of revocation within the

12  limits specified in paragraph (a).

13         (c)  The forfeiture of bail bond, not vacated within 20

14  days, in any prosecution for the offense of driving while

15  under the influence of alcoholic beverages, chemical

16  substances, or controlled substances to the extent of

17  depriving the defendant of his or her normal faculties shall

18  be deemed equivalent to a conviction for the purposes of this

19  paragraph, and the department shall forthwith revoke the

20  defendant's driver's license or driving privilege for the

21  maximum period applicable under paragraph (a) for a first

22  conviction and for the minimum period applicable under

23  paragraph (a) for a second or subsequent conviction; however,

24  if the defendant is later convicted of the charge, the period

25  of revocation imposed by the department for such conviction

26  shall not exceed the difference between the applicable maximum

27  for a first conviction or minimum for a second or subsequent

28  conviction and the revocation period under this subsection

29  that has actually elapsed; upon conviction of such charge, the

30  court may impose revocation for a period of time as specified

31  in paragraph (a). This paragraph does not apply if an

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  1  appropriate motion contesting the forfeiture is filed within

  2  the 20-day period.

  3         (d)  When any driver's license or driving privilege has

  4  been revoked pursuant to the provisions of this section, the

  5  department shall not grant a new license, except upon

  6  reexamination of the licensee after the expiration of the

  7  period of revocation so prescribed.  However, the court may,

  8  in its sound discretion, issue an order of reinstatement on a

  9  form furnished by the department which the person may take to

10  any driver's license examining office for reinstatement by the

11  department pursuant to s. 322.282.

12         (d)(e)  The court shall permanently revoke the driver's

13  license or driving privilege of a person who has been

14  convicted four times for violation of s. 316.193 or former s.

15  316.1931 or a combination of such sections.  The court shall

16  permanently revoke the driver's license or driving privilege

17  of any person who has been convicted of DUI manslaughter in

18  violation of s. 316.193. If the court has not permanently

19  revoked such driver's license or driving privilege within 30

20  days after imposing sentence, the department shall permanently

21  revoke the driver's license or driving privilege pursuant to

22  this paragraph.  No driver's license or driving privilege may

23  be issued or granted to any such person. This paragraph

24  applies only if at least one of the convictions for violation

25  of s. 316.193 or former s. 316.1931 was for a violation that

26  occurred after July 1, 1982.  For the purposes of this

27  paragraph, a conviction for violation of former s. 316.028,

28  former s. 316.1931, or former s. 860.01 is also considered a

29  conviction for violation of s. 316.193.  Also, a conviction of

30  driving under the influence, driving while intoxicated,

31  driving with an unlawful blood-alcohol level, or any other

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  1  similar alcohol-related or drug-related traffic offense

  2  outside this state is considered a conviction for the purposes

  3  of this paragraph.

  4         Section 40.  Section 322.282, Florida Statutes, is

  5  repealed.

  6         Section 41.  Subsection (3) is added to section

  7  322.292, Florida Statutes, to read:

  8         322.292  DUI programs supervision; powers and duties of

  9  the department.--

10         (3)  DUI programs shall be either governmental programs

11  or not-for-profit corporations.

12         Section 42.  Section 322.331, Florida Statutes, is

13  repealed.

14         Section 43.  Subsections (8), (9), and (10) are added

15  to section 322.61, Florida Statutes, to read:

16         322.61  Disqualification from operating a commercial

17  motor vehicle.--

18         (8)  A driver who is convicted of violating an

19  out-of-service order while driving a commercial motor vehicle

20  is disqualified as follows:

21         (a)  Not less than 90 days nor more than 1 year if the

22  driver is convicted of a first violation of an out-of-service

23  order.

24         (b)  Not less than 1 year nor more than 5 years if,

25  during any 10-year period, the driver is convicted of two

26  violations of out-of-service orders in separate incidents.

27         (c)  Not less than 3 years nor more than 5 years if,

28  during any 10-year period, the driver is convicted of three or

29  more violations of out-of-service orders in separate

30  incidents.

31

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  1         (d)  Not less than 180 days nor more than 2 years if

  2  the driver is convicted of a first violation of an

  3  out-of-service order while transporting hazardous materials

  4  required to be placarded under the Hazardous Materials

  5  Transportation Act, 49 U.S.C. 5101 et. seq., or while

  6  operating motor vehicles designed to transport more than 15

  7  passengers, including the driver.  A driver is disqualified

  8  for a period of not less than 3 years nor more than 5 years

  9  if, during any 10-year period, the driver is convicted of any

10  subsequent violations of out-of-service orders, in separate

11  incidents, while transporting hazardous materials required to

12  be placarded under the Hazardous Materials Transportation Act,

13  49 U.S.C. 5101 et. seq., or while operating motor vehicles

14  designed to transport more than 15 passengers, including the

15  driver.

16         (9)  A driver who is convicted of operating a CMV in

17  violation of Federal, State, or local law or regulation

18  pertaining to one of the following six offenses at a

19  railroad-highway grade crossing must be disqualified for the

20  period of time specified in subsection (10):

21         (a)  For drivers who are not always required to stop,

22  failing to slow down and check that the tracks are clear of

23  approaching trains;

24         (b)  For drivers who are not always required to stop,

25  failing to stop before reaching the crossing if the tracks are

26  not clear;

27         (c)  For drivers who are always required to stop,

28  failing to stop before driving onto the crossing;

29         (d)  For all drivers, failing to have sufficient space

30  to drive completely through the crossing without stopping;

31

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  1         (e)  For all drivers, failing to obey a traffic control

  2  device or all the directions of an enforcement official at the

  3  crossing;

  4         (f)  For all drivers, failing to negotiate a crossing

  5  because of insufficient undercarriage clearance;

  6         (10)(a)  A driver must be disqualified for not less

  7  than 60 days if the driver is convicted of a first violation

  8  of a railroad-highway grade crossing violation.

  9         (b)  A driver must be disqualified for not less than

10  120 days if, during any 3-year period, the driver is convicted

11  of a second railroad-highway grade crossing violation in

12  separate incidents.

13         (c)  A driver must be disqualified for not less than 1

14  year if, during any 3-year period, the driver is convicted of

15  a third or subsequent railroad-highway grade crossing

16  violation in separate incidents.

17         Section 44.  Subsections (1) and (3) of section 322.64,

18  Florida Statutes, are amended to read:

19         322.64  Holder of commercial driver's license; driving

20  with unlawful blood-alcohol level; refusal to submit to

21  breath, urine, or blood test.--

22         (1)(a)  A law enforcement officer or correctional

23  officer shall, on behalf of the department, disqualify from

24  operating any commercial motor vehicle a person who while

25  operating or in actual physical control of a commercial motor

26  vehicle is arrested for a violation of s. 316.193, relating to

27  unlawful blood-alcohol level or breath-alcohol level, or a

28  person who has refused to submit to a breath, urine, or blood

29  test authorized by s. 322.63 arising out of the operation or

30  actual physical control of a commercial motor vehicle.  Upon

31  disqualification of the person, the officer shall take the

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  1  person's driver's license and issue the person a 10-day 30-day

  2  temporary permit if the person is otherwise eligible for the

  3  driving privilege and shall issue the person a notice of

  4  disqualification.  If the person has been given a blood,

  5  breath, or urine test, the results of which are not available

  6  to the officer at the time of the arrest, the agency employing

  7  the officer shall transmit such results to the department

  8  within 5 days after receipt of the results.  If the department

  9  then determines that the person was arrested for a violation

10  of s. 316.193 and that the person had a blood-alcohol level or

11  breath-alcohol level of 0.08 or higher, the department shall

12  disqualify the person from operating a commercial motor

13  vehicle pursuant to subsection (3).

14         (b)  The disqualification under paragraph (a) shall be

15  pursuant to, and the notice of disqualification shall inform

16  the driver of, the following:

17         1.a.  The driver refused to submit to a lawful breath,

18  blood, or urine test and he or she is disqualified from

19  operating a commercial motor vehicle for a period of 1 year,

20  for a first refusal, or permanently, if he or she has

21  previously been disqualified as a result of a refusal to

22  submit to such a test; or

23         b.  The driver violated s. 316.193 by driving with an

24  unlawful blood-alcohol level and he or she is disqualified

25  from operating a commercial motor vehicle for a period of 6

26  months for a first offense or for a period of 1 year if he or

27  she has previously been disqualified, or his or her driving

28  privilege has been previously suspended, for a violation of s.

29  316.193.

30

31

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  1         2.  The disqualification period shall commence on the

  2  date of arrest or issuance of notice of disqualification,

  3  whichever is later.

  4         3.  The driver may request a formal or informal review

  5  of the disqualification by the department within 10 days after

  6  the date of arrest or issuance of notice of disqualification,

  7  whichever is later.

  8         4.  The temporary permit issued at the time of arrest

  9  or disqualification will expire at midnight of the 10th 30th

10  day following the date of disqualification.

11         5.  The driver may submit to the department any

12  materials relevant to the arrest.

13         (3)  If the department determines that the person

14  arrested should be disqualified from operating a commercial

15  motor vehicle pursuant to this section and if the notice of

16  disqualification has not already been served upon the person

17  by a law enforcement officer or correctional officer as

18  provided in subsection (1), the department shall issue a

19  notice of disqualification and, unless the notice is mailed

20  pursuant to s. 322.251, a temporary permit which expires 10 30

21  days after the date of issuance if the driver is otherwise

22  eligible.

23         Section 45.  Section 324.091, Florida Statutes, is

24  amended to read:

25         324.091  Notice to department; notice to insurer.--

26         (1)  Each owner and operator involved in a crash or

27  conviction case within the purview of this chapter shall

28  furnish evidence of automobile liability insurance, motor

29  vehicle liability insurance, or surety bond within 30 days

30  from the date of the mailing of notice of crash by the

31  department in such form and manner as it may designate.  Upon

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  1  receipt of evidence that an automobile liability policy, motor

  2  vehicle liability policy, or surety bond was in effect at the

  3  time of the crash or conviction case, the department shall

  4  forward by United States mail, postage prepaid, to the insurer

  5  or surety insurer a copy of such information and shall assume

  6  that such policy or bond was in effect unless the insurer or

  7  surety insurer shall notify the department otherwise within 20

  8  days from the mailing of the notice to the insurer or surety

  9  insurer; provided that if the department shall later ascertain

10  that an automobile liability policy, motor vehicle liability

11  policy, or surety bond was not in effect and did not provide

12  coverage for both the owner and the operator, it shall at such

13  time take such action as it is otherwise authorized to do

14  under this chapter.  Proof of mailing to the insurer or surety

15  insurer may be made by the department by naming the insurer or

16  surety insurer to whom such mailing was made and specifying

17  the time, place and manner of mailing.

18         (2)  Each insurer doing business in this state shall

19  immediately give notice to the department of each motor

20  vehicle liability policy when issued to effect the return of a

21  license which has been suspended under s. 324.051(2); and said

22  notice shall be upon such form and in such manner as the

23  department may designate.

24         (3)  Electronic access to the vehicle insurer

25  information maintained in the department's vehicle database

26  may be provided by an approved third-party provider to

27  insurers, lawyers, and financial institutions in compliance

28  with s. 627.736(9)(a) and for subrogation and claims purposes

29  only.  The compilation and retention of this information is

30  strictly prohibited.

31

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  1         Section 46.  Paragraph (b) of subsection (3) of section

  2  328.01, Florida Statutes, is amended to read:

  3         328.01  Application for certificate of title.--

  4         (3)

  5         (b)  If the application for transfer of title is based

  6  upon a contractual default, the recorded lienholder shall

  7  establish proof of right to ownership by submitting with the

  8  application the original certificate of title and a copy of

  9  the applicable contract upon which the claim of ownership is

10  made.  If the claim is based upon a court order or judgment, a

11  copy of such document shall accompany the application for

12  transfer of title.  If, on the basis of departmental records,

13  there appears to be any other lien on the vessel, the

14  certificate of title must contain a statement of such a lien,

15  unless the application for a certificate of title is either

16  accompanied by proper evidence of the satisfaction or

17  extinction of the lien or contains a statement certifying that

18  any lienholder named on the last-issued certificate of title

19  has been sent notice by certified mail, at least 5 days before

20  the application was filed, of the applicant's intention to

21  seek a repossessed title.  If such notice is given and no

22  written protest to the department is presented by a subsequent

23  lienholder within 15 days after the date on which the notice

24  was mailed, the certificate of title shall be issued showing

25  no liens.  If the former owner or any subsequent lienholder

26  files a written protest under oath within the 15-day period,

27  the department shall not issue the repossessed certificate for

28  10 days thereafter.  If, within the 10-day period, no

29  injunction or other order of a court of competent jurisdiction

30  has been served on the department commanding it not to deliver

31  the certificate, the department shall deliver the repossessed

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  1  certificate to the applicant, or as is otherwise directed in

  2  the application, showing no other liens than those shown in

  3  the application.

  4

  5  The department shall adopt suitable language that must appear

  6  upon the certificate of title to effectuate the manner in

  7  which the interest in or title to the vessel is held.

  8         Section 47.  Subsection (2) of section 328.42, Florida

  9  Statutes, is amended to read:

10         328.42  Suspension or denial of a vessel registration

11  due to child support delinquency; dishonored checks.--

12         (2)  The department may deny or cancel any vessel

13  registration, license plate, or fuel-use tax decal if the

14  owner pays for the registration, license plate, fuel-use tax

15  decal, or any tax liability, penalty, or interest specified in

16  chapter 207 by a dishonored check if the owner pays for the

17  registration by a dishonored check.

18         Section 48.  Section 328.56, Florida Statutes, is

19  amended to read:

20         328.56  Vessel registration number.--Each vessel that

21  is used on the waters of the state must display a commercial

22  or recreational Florida registration number, unless it is:

23         (1)  A vessel used exclusively on private lakes and

24  ponds.

25         (2)  A vessel owned by the United States Government.

26         (3)  A vessel used exclusively as a ship's lifeboat.

27         (4)  A non-motor-powered vessel.

28         (5)  A federally documented vessel.

29         (6)  A vessel already covered by a registration number

30  in full force and effect which has been awarded to it pursuant

31  to a federally approved numbering system of another state or

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  1  by the United States Coast Guard in a state without a

  2  federally approved numbering system, if the vessel has not

  3  been within this state for a period in excess of 90

  4  consecutive days.

  5         (7)  A vessel operating under a valid temporary

  6  certificate of number.

  7         (8)  A vessel from a country other than the United

  8  States temporarily using the waters of this state.

  9         (9)  An undocumented vessel used exclusively for

10  racing.

11         Section 49.  Subsection (4) of section 328.72, Florida

12  Statutes, is amended to read:

13         328.72  Classification; registration; fees and charges;

14  surcharge; disposition of fees; fines; marine turtle

15  stickers.--

16         (4)  TRANSFER OF OWNERSHIP.--

17         (a)  When the ownership of a registered vessel changes,

18  an application for transfer of registration shall be filed

19  with the county tax collector by the new owner within 30 days

20  with a fee of $3.25.  The county tax collector shall retain

21  $2.25 of the fee and shall remit $1 to the department. A

22  refund may not be made for any unused portion of a

23  registration period.

24         (b)  If a vessel is an antique as defined in subsection

25  (2), the application shall be accompanied by either a

26  certificate of title, a bill of sale and a registration, or a

27  bill of sale and an affidavit by the owner defending the title

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

29  vessel description to include the hull identification number

30  and engine number, if appropriate; the year, make, and color

31

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  1  of the vessel; the selling price; and the signatures of the

  2  seller and purchaser.

  3         Section 50.  Effective July 1, 2001, subsection (1) of

  4  section 328.76, Florida Statutes, is amended to read:

  5         328.76  Marine Resources Conservation Trust Fund;

  6  vessel registration funds; appropriation and distribution.--

  7         (1)  Except as otherwise specified and less $1.4

  8  million for any administrative costs which shall be deposited

  9  in the Highway Safety Operating Trust Fund, in each fiscal

10  year beginning on or after July 1, 2001, all funds collected

11  from the registration of vessels through the Department of

12  Highway Safety and Motor Vehicles and the tax collectors of

13  the state, except for those funds designated for the use of

14  the counties pursuant to s. 328.72(1), shall be deposited in

15  the Marine Resources Conservation Trust Fund for recreational

16  channel marking; public launching facilities; law enforcement

17  and quality control programs; aquatic weed control; manatee

18  protection, recovery, rescue, rehabilitation, and release; and

19  marine mammal protection and recovery. The funds collected

20  pursuant to s. 328.72(1) shall be transferred as follows:

21         (a)  In each fiscal year, an amount equal to $1.50 for

22  each vessel registered in this state shall be transferred to

23  the Save the Manatee Trust Fund and shall be used only for the

24  purposes specified in s. 370.12(4).

25         (b)  Two dollars from each noncommercial vessel

26  registration fee, except that for class A-1 vessels, shall be

27  transferred to the Invasive Plant Control Trust Fund for

28  aquatic weed research and control.

29         (c)  Forty percent of the registration fees from

30  commercial vessels shall be transferred to the Invasive Plant

31  Control Trust Fund for aquatic plant research and control.

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  1         (d)  Forty percent of the registration fees from

  2  commercial vessels shall be transferred by the Department of

  3  Highway Safety and Motor Vehicles, on a monthly basis, to the

  4  General Inspection Trust Fund of the Department of Agriculture

  5  and Consumer Services. These funds shall be used for shellfish

  6  and aquaculture law enforcement and quality control programs.

  7         Section 51.  Subsection (4) of section 713.78, Florida

  8  Statutes, is amended to read:

  9         713.78  Liens for recovering, towing, or storing

10  vehicles and documented vessels.--

11         (4)(a)  Any person regularly engaged in the business of

12  recovering, towing, or storing vehicles or vessels who comes

13  into possession of a vehicle or vessel pursuant to subsection

14  (2), and who claims a lien for recovery, towing, or storage

15  services, shall give notice to the registered owner, the

16  insurance company insuring the vehicle notwithstanding the

17  provisions of s. 627.736, and to all persons claiming a lien

18  thereon, as disclosed by the records in the Department of

19  Highway Safety and Motor Vehicles or of a corresponding agency

20  in any other state.

21         (b)  Whenever any law enforcement agency authorizes the

22  removal of a vehicle or whenever any towing service, garage,

23  repair shop, or automotive service, storage, or parking place

24  notifies the law enforcement agency of possession of a vehicle

25  pursuant to s. 715.07(2)(a)2., the applicable law enforcement

26  agency shall contact the Department of Highway Safety and

27  Motor Vehicles, or the appropriate agency of the state of

28  registration, if known, within 24 hours through the medium of

29  electronic communications, giving the full description of the

30  vehicle. Upon receipt of the full description of the vehicle,

31  the department shall search its files to determine the owner's

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  1  name, the insurance company insuring the vehicle, and whether

  2  any person has filed a lien upon the vehicle as provided in s.

  3  319.27(2) and (3) and notify the applicable law enforcement

  4  agency within 72 hours. The person in charge of the towing

  5  service, garage, repair shop, or automotive service, storage,

  6  or parking place shall obtain such information from the

  7  applicable law enforcement agency within 5 days from the date

  8  of storage and shall give notice pursuant to subsection

  9  (4)(a). The department may release the insurance company

10  information to the requestor notwithstanding the provisions of

11  s. 627.736.

12         (c)(b)  Notice by certified mail, return receipt

13  requested, shall be sent within 7 business days after the date

14  of storage of the vehicle or vessel to the registered owner,

15  the insurance company insuring the vehicle notwithstanding the

16  provisions of s. 627.736, and to all persons of record

17  claiming a lien against the vehicle or vessel.  It shall state

18  the fact of possession of the vehicle or vessel, that a lien

19  as provided in subsection (2) is claimed, that charges have

20  accrued and the amount thereof, that the lien is subject to

21  enforcement pursuant to law, and that the owner or lienholder,

22  if any, has the right to a hearing as set forth in subsection

23  (5), and that any vehicle or vessel which remains unclaimed,

24  or for which the charges for recovery, towing, or storage

25  services remain unpaid, may be sold after 35 days free of all

26  prior liens.

27         (d)(c)  If attempts to locate the owner or lienholder

28  prove unsuccessful, the towing-storage operator shall, after 7

29  working days, excluding Saturday and Sunday, of the initial

30  tow or storage, notify the public agency of jurisdiction in

31  writing by certified mail or acknowledged hand delivery that

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  1  the towing-storage company has been unable to locate the owner

  2  or lienholder and a physical search of the vehicle or vessel

  3  has disclosed no ownership information and a good faith effort

  4  has been made.  For purposes of this paragraph and, subsection

  5  (9), and s. 715.05, "good faith effort" means that the

  6  following checks have been performed by the company to

  7  establish prior state of registration and for title:

  8         1.  Check of vehicle or vessel for any type of tag, tag

  9  record, temporary tag, or regular tag.

10         2.  Check of law enforcement report for tag number or

11  other information identifying the vehicle or vessel, if the

12  vehicle or vessel was towed at the request of a law

13  enforcement officer.

14         3.  Check of trip sheet or tow ticket of tow truck

15  operator to see if a tag was on vehicle at beginning of tow,

16  if private tow.

17         4.  If there is no address of the owner on the impound

18  report, check of law enforcement report to see if an

19  out-of-state address is indicated from driver license

20  information.

21         5.  Check of vehicle or vessel for inspection sticker

22  or other stickers and decals that may indicate a state of

23  possible registration.

24         6.  Check of the interior of the vehicle or vessel for

25  any papers that may be in the glove box, trunk, or other areas

26  for a state of registration.

27         7.  Check of vehicle for vehicle identification number.

28         8.  Check of vessel for vessel registration number.

29         9.  Check of vessel hull for a hull identification

30  number which should be carved, burned, stamped, embossed, or

31  otherwise permanently affixed to the outboard side of the

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  1  transom or, if there is no transom, to the outmost seaboard

  2  side at the end of the hull that bears the rudder or other

  3  steering mechanism.

  4         Section 52.  Subsection (1) of section 681.1096,

  5  Florida Statutes, and section 715.05, Florida Statutes, are

  6  repealed.

  7         Section 53.  Section 715.07, Florida Statutes, is

  8  amended to read:

  9         715.07  Vehicles and vessels parked on private

10  property; towing.--

11         (1)  As used in this section, the terms:

12         (a)  term "Vehicle" means any mobile item which

13  normally uses wheels, whether motorized or not.

14         (b)  "Vessel" means every description of watercraft,

15  barge, and air boat used or capable of being used as a means

16  of transportation on water, other than a seaplane or a

17  documented vessel, as defined in s. 327.02(8).

18         (2)  The owner or lessee of real property, or any

19  person authorized by the owner or lessee, which person may be

20  the designated representative of the condominium association

21  if the real property is a condominium, may cause any vehicle

22  or vessel parked on such property without her or his

23  permission to be removed by a person regularly engaged in the

24  business of towing vehicles or vessels, without liability for

25  the costs of removal, transportation, or storage or damages

26  caused by such removal, transportation, or storage, under any

27  of the following circumstances:

28         (a)  The towing or removal of any vehicle or vessel

29  from private property without the consent of the registered

30  owner or other legally authorized person in control of that

31

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  1  vehicle or vessel is subject to strict compliance with the

  2  following conditions and restrictions:

  3         1.a.  Any towed or removed vehicle or vessel must be

  4  stored at a site within 10 miles of the point of removal in

  5  any county of 500,000 population or more, and within 15 miles

  6  of the point of removal in any county of less than 500,000

  7  population. That site must be open for the purpose of

  8  redemption of vehicles or vessels on any day that the person

  9  or firm towing such vehicle or vessel is open for towing

10  purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall

11  have prominently posted a sign indicating a telephone number

12  where the operator of the site can be reached at all times.

13  Upon receipt of a telephoned request to open the site to

14  redeem a vehicle or vessel, the operator shall return to the

15  site within 1 hour or she or he will be in violation of this

16  section.

17         b.  If no towing business providing such service is

18  located within the area of towing limitations set forth in

19  sub-subparagraph a., the following limitations apply:  any

20  towed or removed vehicle or vessel must be stored at a site

21  within 20 miles of the point of removal in any county of

22  500,000 population or more, and within 30 miles of the point

23  of removal in any county of less than 500,000 population.

24         2.  The person or firm towing or removing the vehicle

25  or vessel shall, within 30 minutes of completion of such

26  towing or removal, notify the municipal police department or,

27  in an unincorporated area, the sheriff of such towing or

28  removal, the storage site, the time the vehicle or vessel was

29  towed or removed, and the make, model, color, and license

30  plate number of the vehicle or the make, model, color, and

31  registration number of the vessel and shall obtain the name of

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  1  the person at that department to whom such information was

  2  reported and note that name on the trip record.

  3         3.  If the registered owner or other legally authorized

  4  person in control of the vehicle or vessel arrives at the

  5  scene prior to removal or towing of the vehicle or vessel, the

  6  vehicle or vessel shall be disconnected from the towing or

  7  removal apparatus, and that person shall be allowed to remove

  8  the vehicle or vessel without interference upon the payment of

  9  a reasonable service fee of not more than one-half of the

10  posted rate for such towing service as provided in

11  subparagraph 6., for which a receipt shall be given, unless

12  that person refuses to remove the vehicle or vessel which is

13  otherwise unlawfully parked or located.

14         4.  The rebate or payment of money or any other

15  valuable consideration from the individual or firm towing or

16  removing vehicles or vessels to the owners or operators of the

17  premises from which the vehicles are towed or removed, for the

18  privilege of removing or towing those vehicles or vessels, is

19  prohibited.

20         5.  Except for property appurtenant to and obviously a

21  part of a single-family residence, and except for instances

22  when notice is personally given to the owner or other legally

23  authorized person in control of the vehicle or vessel that the

24  area in which that vehicle or vessel is parked is reserved or

25  otherwise unavailable for unauthorized vehicles or vessels and

26  subject to being removed at the owner's or operator's expense,

27  any property owner or lessee, or person authorized by the

28  property owner or lessee, prior to towing or removing any

29  vehicle or vessel from private property without the consent of

30  the owner or other legally authorized person in control of

31

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  1  that vehicle or vessel, must post a notice meeting the

  2  following requirements:

  3         a.  The notice must be prominently placed at each

  4  driveway access or curb cut allowing vehicular access to the

  5  property, within 5 feet from the public right-of-way line.  If

  6  there are no curbs or access barriers, the signs must be

  7  posted not less than one sign for each 25 feet of lot

  8  frontage.

  9         b.  The notice must clearly indicate, in not less than

10  2-inch high, light-reflective letters on a contrasting

11  background, that unauthorized vehicles or vessels will be

12  towed away at the owner's expense.  The words "tow-away zone"

13  must be included on the sign in not less than 4-inch high

14  letters.

15         c.  The notice must also provide the name and current

16  telephone number of the person or firm towing or removing the

17  vehicles or vessels, if the property owner, lessee, or person

18  in control of the property has a written contract with the

19  towing company.

20         d.  The sign structure containing the required notices

21  must be permanently installed with the words "tow-away zone"

22  not less than 3 feet and not more than 6 feet above ground

23  level and must be continuously maintained on the property for

24  not less than 24 hours prior to the towing or removal of any

25  vehicles or vessels.

26         e.  The local government may require permitting and

27  inspection of these signs prior to any towing or removal of

28  vehicles or vessels being authorized.

29         f.  A business with 20 or fewer parking spaces

30  satisfies the notice requirements of this subparagraph by

31  prominently displaying a sign stating "Reserved Parking for

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  1  Customers Only Unauthorized Vehicles or Vessels Will be Towed

  2  Away At the Owner's Expense" in not less than 4-inch high,

  3  light-reflective letters on a contrasting background.

  4

  5  A business owner or lessee may authorize the removal of a

  6  vehicle or vessel by a towing company when the vehicle is

  7  parked in such a manner that restricts the normal operation of

  8  business; and if a vehicle or vessel parked on a public

  9  right-of-way obstructs access to a private driveway the owner,

10  lessee, or agent may have the vehicle or vessel removed by a

11  towing company upon signing an order that the vehicle or

12  vessel be removed without a posted tow-away zone sign.

13         6.  Any person or firm that tows or removes vehicles or

14  vessels and proposes to require an owner, operator, or person

15  in control of a vehicle or vessel to pay the costs of towing

16  and storage prior to redemption of the vehicle or vessel must

17  file and keep on record with the local law enforcement agency

18  a complete copy of the current rates to be charged for such

19  services and post at the storage site an identical rate

20  schedule and any written contracts with property owners,

21  lessees, or persons in control of property which authorize

22  such person or firm to remove vehicles or vessels as provided

23  in this section.

24         7.  Any person or firm towing or removing any vehicles

25  or vessels from private property without the consent of the

26  owner or other legally authorized person in control of the

27  vehicles or vessels shall, on any trucks, wreckers as defined

28  in s. 713.78(1)(b), or other vehicles used in the towing or

29  removal, have the name, address, and telephone number of the

30  company performing such service clearly printed in contrasting

31  colors on the driver and passenger sides of the vehicle.  The

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  1  name shall be in at least 3-inch permanently affixed letters,

  2  and the address and telephone number shall be in at least

  3  1-inch permanently affixed letters.

  4         8.  Vehicle entry for the purpose of removing the

  5  vehicle or vessel shall be allowed with reasonable care on the

  6  part of the person or firm towing the vehicle or vessel.  Such

  7  person or firm shall be liable for any damage occasioned to

  8  the vehicle or vessel if such entry is not in accordance with

  9  the standard of reasonable care.

10         9.  When a vehicle or vessel has been towed or removed

11  pursuant to this section, it must be released to its owner or

12  custodian within one hour after requested.  Any vehicle or

13  vessel owner, custodian, or agent shall have the right to

14  inspect the vehicle or vessel before accepting its return, and

15  no release or waiver of any kind which would release the

16  person or firm towing the vehicle or vessel from liability for

17  damages noted by the owner or other legally authorized person

18  at the time of the redemption may be required from any vehicle

19  or vessel owner, custodian, or agent as a condition of release

20  of the vehicle or vessel to its owner.  A detailed, signed

21  receipt showing the legal name of the company or person towing

22  or removing the vehicle or vessel must be given to the person

23  paying towing or storage charges at the time of payment,

24  whether requested or not.

25         (b)  These requirements shall be the minimum standards

26  and shall not preclude enactment of additional regulations by

27  any municipality or county including the right to regulate

28  rates when vehicles or vessels are towed from private

29  property.

30         (3)  This section does not apply to law enforcement,

31  firefighting, rescue squad, ambulance, or other emergency

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  1  vehicles or vessels which are marked as such or to property

  2  owned by any governmental entity.

  3         (4)  When a person improperly causes a vehicle or

  4  vessel to be removed, such person shall be liable to the owner

  5  or lessee of the vehicle or vessel for the cost of removal,

  6  transportation, and storage; any damages resulting from the

  7  removal, transportation, or storage of the vehicle; attorneys'

  8  fees; and court costs.

  9         (5)  Failure to make good faith best efforts to comply

10  with the notice requirement of this section, as appropriate,

11  shall preclude the imposition of any towing or storage charges

12  against such vehicle or vessel.

13         (6)(5)(a)  Any person who violates the provisions of

14  subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is

15  guilty of a misdemeanor of the first degree, punishable as

16  provided in s. 775.082 or s. 775.083.

17         (b)  Any person who violates the provisions of

18  subparagraph (2)(a)7. commits is guilty of a felony of the

19  third degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084.

21         Section 54.  Subsection (3) is added to section 832.09,

22  Florida Statutes, to read:

23         832.09  Suspension of driver license after warrant or

24  capias is issued in worthless check case.--

25         (3)  The Department of Highway Safety and Motor

26  Vehicles shall create a standardized form to be distributed to

27  the clerks of the court in each county for the purpose of

28  notifying the department that a person has satisfied the

29  requirements of the court. Notices of compliance with the

30  court's requirements shall be on the standardized form

31  provided by the department.

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  1         Section 55.  Except as otherwise provided herein, this

  2  act shall take effect October 1, 2001.

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