House Bill hb1213e1
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 A bill to be entitled
2 An act relating to motor vehicles, vessels, and
3 enforcement of laws related thereto; amending
4 s. 316.003, F.S.; providing that certain
5 vehicles of the Department of Health are
6 authorized emergency vehicles; amending s.
7 316.006, F.S.; authorizing the installation of
8 multiparty stop signs on certain roads;
9 providing guidelines for the installation of
10 such signage; revising the traffic control
11 jurisdiction of a county over certain roads and
12 rights-of-way dedicated in a residential
13 subdivision under certain circumstances;
14 creating s. 316.00825, F.S.; authorizing the
15 governing body of a county to abandon the roads
16 and rights-of-way dedicated in a recorded
17 subdivision plat under certain circumstances;
18 providing for traffic control jurisdiction of
19 such roads; amending s. 316.061, F.S.;
20 authorizing certain entities to remove crashed
21 motor vehicles from roadways under certain
22 circumstances; providing a limitation of
23 liability; amending s. 316.066, F.S.; providing
24 for access to vehicle crash reports by local,
25 state, and federal entities under certain
26 circumstances; requiring said entities to
27 maintain confidential status of such reports;
28 amending s. 316.1975, F.S.; exempting operators
29 of solid waste and recovered materials vehicles
30 from provisions regarding unattended motor
31 vehicles under certain circumstances; creating
1
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 s. 316.2127, F.S.; providing for operation of
2 utility vehicles on city streets, county roads,
3 or the State Highway System under certain
4 circumstances; amending s. 316.2397, F.S.;
5 authorizing emergency response vehicles of the
6 Department of Health to use red flashing
7 lights; amending s. 316.304, F.S.; revising
8 requirements regarding the wearing of headsets
9 while operating a vehicle; amending s. 316.520,
10 F.S.; clarifying that a violation of a
11 provision governing loads on vehicles is a
12 moving rather than a nonmoving violation;
13 exempting certain vehicles carrying
14 agricultural products; providing for criminal
15 penalties for failure to secure loads on
16 vehicles under certain circumstances; amending
17 s. 316.640, F.S.; revising traffic law
18 enforcement authority of university police
19 officers; revising the powers and duties of
20 traffic crash investigation officers; amending
21 s. 318.1451, F.S.; providing traffic school
22 reference guide requirements; amending s.
23 318.18, F.S.; providing for assessment of
24 doubled fines for speeding in toll collection
25 zones; providing a minimum penalty for
26 violations of s. 316.520, F.S.; amending s.
27 318.19, F.S.; providing a mandatory hearing for
28 violations of s. 316.520, F.S.; revising
29 traffic law enforcement authority of the Office
30 of Agricultural Law Enforcement; amending s.
31 570.073, F.S.; revising the powers and duties
2
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 of the Office of Agricultural Law Enforcement;
2 amending s. 319.23, F.S.; requiring the
3 Department of Highway Safety and Motor Vehicles
4 to retain certain evidence of title; amending
5 s. 319.28, F.S.; revising requirements for
6 processing an application for title based on a
7 contractual default; amending s. 319.33, F.S.;
8 revising the elements of the offense of
9 possessing, selling or offering for sale,
10 concealing, or disposing of a motor vehicle or
11 mobile home, or major component part thereof,
12 on which the motor number or vehicle
13 identification number has been destroyed,
14 removed, covered, altered, or defaced;
15 providing penalties; amending s. 320.025, F.S.;
16 providing for confidential registration and
17 issuance under fictitious name of decals for
18 vessels operated by a law enforcement agency;
19 requiring registration number and decal to be
20 affixed to such vessel; amending s. 320.05,
21 F.S.; providing for release of vessel
22 registration information; providing exceptions;
23 amending s. 320.055, F.S.; providing
24 registration period for certain nonapportioned
25 vehicles; amending s. 320.06, F.S.; revising
26 form of license plate validation stickers;
27 reducing the number of required validation
28 stickers per plate; amending s. 320.072, F.S.;
29 revising initial registration fee exemptions;
30 amending s. 320.0805, F.S.; reducing the
31 timeframe for a personalized license plate to
3
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 remain out of circulation prior to
2 reassignment; amending s. 320.08056, F.S.;
3 providing for a use fee; amending s. 320.08058,
4 F.S.; directing the Department of Highway
5 Safety and Motor Vehicles to develop a Florida
6 Golf license plate; providing for the
7 distribution and use of fees; authorizing the
8 Florida Sports Foundation to establish a youth
9 golf program; providing for an advisory
10 committee; amending s. 320.083, F.S.; revising
11 requirements for the Amateur Radio Operator
12 specialty license plate; amending s. 320.0848,
13 F.S.; revising fees for the 4-year disabled
14 parking permit and renewal permit; amending s.
15 320.089, F.S.; revising weight restriction for
16 the Ex-POW and Purple Heart license plates;
17 amending s. 320.275, F.S.; creating a technical
18 advisory committee to the Automobile Dealers
19 Industry Advisory Board; providing for its
20 duties and composition; requiring the office of
21 the Attorney General, the Department of
22 Agriculture and Consumer Services, and the
23 Department of Highway Safety and Motor Vehicles
24 to provide consumer education and information;
25 amending s. 321.02, F.S.; providing for colors
26 for use on Florida Highway Patrol motor
27 vehicles and motorcycles; amending s. 322.051,
28 F.S.; requiring acceptance of the Florida
29 identification card as proof of identification
30 by persons accepting the Florida driver license
31 as proof of identification; amending s.
4
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 322.095, F.S.; deleting provision prohibiting
2 governmental entities or courts from providing
3 information regarding traffic law and substance
4 abuse education program schools or course
5 providers; authorizing the Department of
6 Highway Safety and Motor Vehicles to provide a
7 list of approved traffic law and substance
8 abuse education course providers with a single
9 phone number for each provider; requiring the
10 Department of Highway Safety and Motor Vehicles
11 to approve and regulate certain courses for
12 driver improvement schools; amending s. 322.25,
13 F.S.; correcting a cross reference; amending s.
14 322.27, F.S.; revising language relating to
15 habitual traffic offender license revocation;
16 amending s. 322.271, F.S.; correcting a cross
17 reference; amending s. 322.28, F.S.; deleting
18 obsolete language relating to revocation of a
19 driver's license; repealing s. 322.282, F.S.,
20 relating to procedure when court revokes or
21 suspends license or driving privilege and
22 orders reinstatement, and s. 322.331, F.S.,
23 relating to restoration of license for habitual
24 traffic offenders; amending s. 324.091, F.S.;
25 providing for electronic access to vehicle
26 insurer information; prohibiting compilation
27 and retention of such information; amending s.
28 328.01, F.S.; deleting the requirement that a
29 copy of a contract upon which a claim of
30 ownership of a vessel is made be submitted if
31 an application for transfer of title is based
5
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 on a contractual default; amending s. 328.42,
2 F.S.; authorizing the department to deny or
3 cancel a vessel registration, license plate, or
4 fuel-use tax decal when given a dishonored
5 check by the customer; amending s. 328.56,
6 F.S.; revising language relating to display of
7 vessel registration number; amending s. 328.72,
8 F.S.; deleting certain requirements for the
9 transfer of ownership of an antique vessel;
10 amending s. 832.09, F.S.; requiring the
11 department to create a standardized form for
12 notification from clerks of courts of
13 satisfaction of a worthless check; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (1) of section 316.003, Florida
19 Statutes, is amended to read:
20 316.003 Definitions.--The following words and phrases,
21 when used in this chapter, shall have the meanings
22 respectively ascribed to them in this section, except where
23 the context otherwise requires:
24 (1) AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the
25 fire department (fire patrol), police vehicles, and such
26 ambulances and emergency vehicles of municipal departments,
27 public service corporations operated by private corporations,
28 the Department of Environmental Protection, the Department of
29 Health, and the Department of Transportation as are designated
30 or authorized by their respective department or the chief of
31
6
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 police of an incorporated city or any sheriff of any of the
2 various counties.
3 Section 2. Paragraph (b) of subsection (2) and
4 paragraph (b) of subsection (3) are amended and paragraph (c)
5 is added to subsection (3) of section 316.006, Florida
6 Statutes, to read:
7 316.006 Jurisdiction.--Jurisdiction to control traffic
8 is vested as follows:
9 (2) MUNICIPALITIES.--
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
7
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
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 (b) A county may exercise jurisdiction over any
18 private road or roads, or over any limited access road or
19 roads owned or controlled by a special district, located in
20 the unincorporated area within its boundaries if the county
21 and party or parties owning or controlling such road or roads
22 provide, by written agreement approved by the governing body
23 of the county, for county traffic control jurisdiction over
24 the road or roads encompassed by such agreement. Pursuant
25 thereto:
26 1. Provision for reimbursement for actual costs of
27 traffic control and enforcement and for liability insurance
28 and indemnification by the party or parties, and such other
29 terms as are mutually agreeable, may be included in such an
30 agreement.
31
8
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 2. Prior to entering into an agreement which provides
2 for enforcement of the traffic laws of the state over a
3 private road or roads, or over any limited access road or
4 roads owned or controlled by a special district, the governing
5 body of the county shall consult with the sheriff. No such
6 agreement shall take effect prior to October 1, the beginning
7 of the county fiscal year, unless this requirement is waived
8 in writing by the sheriff.
9 3. The exercise of jurisdiction provided for herein
10 shall be in addition to jurisdictional authority presently
11 exercised by counties under law, and nothing in this paragraph
12 shall be construed to limit or remove any such jurisdictional
13 authority.
14 4. Any such agreement may provide for the installation
15 of multiparty stop signs by the parties controlling the roads
16 covered by the agreement if a determination is made by such
17 parties that the signage will enhance traffic safety.
18 Multiparty stop signs must conform to the manual and
19 specifications of the Department of Transportation; however,
20 minimum traffic volumes may not be required for the
21 installation of such signage. Enforcement for the signs shall
22 be as provided in s. 316.123.
23 (c) If the governing body of a county abandons the
24 roads and rights-of-way dedicated in a recorded residential
25 subdivision, and simultaneously conveys the county's interest
26 therein to a homeowners' association for the subdivision in
27 the manner prescribed in s. 316.00825, that county's traffic
28 control jurisdiction over the abandoned and conveyed roads
29 ceases unless the requirements of paragraph (b) are met.
30
31
9
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
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. Section 316.00825, Florida Statutes, is
10 created to read:
11 316.00825 Closing and abandonment of roads; optional
12 conveyance to homeowners' association; traffic control
13 jurisdiction.--
14 (1)(a) In addition to the authority provided in s.
15 336.12, the governing body of the county may abandon the roads
16 and rights-of-way dedicated in a recorded residential
17 subdivision plat and simultaneously convey the county's
18 interest in such roads, rights-of-way, and appurtenant
19 drainage facilities to a homeowners' association for the
20 subdivision, if the following conditions have been met:
21 1. The homeowners' association has requested the
22 abandonment and conveyance in writing for the purpose of
23 converting the subdivision to a gated neighborhood with
24 restricted public access.
25 2. No fewer than four-fifths of the owners of record
26 of property located in the subdivision have consented in
27 writing to the abandonment and simultaneous conveyance to the
28 homeowners' association.
29 3. The homeowners' association is both a corporation
30 not for profit organized and in good standing under chapter
31 617, and a "homeowners' association" as defined in s.
10
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 720.301(7) with the power to levy and collect assessments for
2 routine and periodic major maintenance and operation of street
3 lighting, drainage, sidewalks, and pavement in the
4 subdivision.
5 4. The homeowners' association has entered into and
6 executed such agreements, covenants, warranties, and other
7 instruments; has provided, or has provided assurance of, such
8 funds, reserve funds, and funding sources; and has satisfied
9 such other requirements and conditions as may be established
10 or imposed by the county with respect to the ongoing
11 operation, maintenance, and repair and the periodic
12 reconstruction or replacement of the roads, drainage, street
13 lighting, and sidewalks in the subdivision after the
14 abandonment by the county.
15 (b) The homeowners' association shall install,
16 operate, maintain, repair, and replace all signs, signals,
17 markings, striping, guardrails, and other traffic control
18 devices necessary or useful for the private roads unless an
19 agreement has been entered into between the county and the
20 homeowners' association, as authorized under s. 316.006(3)(b),
21 expressly providing that the county has traffic control
22 jurisdiction.
23 (2) Upon abandonment of the roads and rights-of-way
24 and the conveyance thereof to the homeowners' association, the
25 homeowners' association shall have all the rights, title, and
26 interest in the roads and rights-of-way, including all
27 appurtenant drainage facilities, as were previously vested in
28 the county. Thereafter, the homeowners' association shall
29 hold the roads and rights-of-way in trust for the benefit of
30 the owners of the property in the subdivision, and shall
31 operate, maintain, repair, and, from time to time, replace and
11
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 reconstruct the roads, street lighting, sidewalks, and
2 drainage facilities as necessary to ensure their use and
3 enjoyment by the property owners, tenants, and residents of
4 the subdivision and their guests and invitees. The provisions
5 of this section shall be regarded as supplemental and
6 additional to the provisions of s. 336.12, and shall not be
7 regarded as in derogation of that section.
8 Section 4. Subsection (3) is added to section 316.061,
9 Florida Statutes, to read:
10 316.061 Crashes involving damage to vehicle or
11 property.--
12 (3) Employees or authorized agents of the Department
13 of Transportation, law enforcement with proper jurisdiction,
14 and an expressway authority created pursuant to chapter 348,
15 in the exercise, management, control, and maintenance of its
16 highway system, may undertake the removal from the main
17 traveled way of roads on its highway system of all vehicles
18 incapacitated as a result of a motor vehicle crash and of
19 debris caused thereby. Such removal is applicable when such a
20 crash results only in damage to a vehicle or other property,
21 and where such removal can be accomplished safely and will
22 result in the improved safety or convenience of travel upon
23 the road. The driver or any other person who has removed a
24 vehicle from the main traveled way of the road as provided in
25 this subsection shall not be considered liable or at fault
26 regarding the cause of the accident solely by reason of moving
27 the vehicle.
28 Section 5. Paragraph (c) of subsection (3) of section
29 316.066, Florida Statutes, is amended to read:
30 316.066 Written reports of crashes.--
31 (3)
12
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 (c) Crash reports required by this section which
2 reveal the identity, home or employment telephone number or
3 home or employment address of, or other personal information
4 concerning the parties involved in the crash and which are
5 received or prepared by any agency that regularly receives or
6 prepares information from or concerning the parties to motor
7 vehicle crashes are confidential and exempt from s. 119.07(1)
8 and s. 24(a), Art. I of the State Constitution for a period of
9 60 days after the date the report is filed. However, such
10 reports may be made immediately available to the parties
11 involved in the crash, their legal representatives, their
12 licensed insurance agents, their insurers or insurers to which
13 they have applied for coverage, persons under contract with
14 such insurers to provide claims or underwriting information,
15 prosecutorial authorities, radio and television stations
16 licensed by the Federal Communications Commission, newspapers
17 qualified to publish legal notices under ss. 50.011 and
18 50.031, and free newspapers of general circulation, published
19 once a week or more often, available and of interest to the
20 public generally for the dissemination of news. For the
21 purposes of this section, the following products or
22 publications are not newspapers as referred to in this
23 section: those intended primarily for members of a particular
24 profession or occupational group; those with the primary
25 purpose of distributing advertising; and those with the
26 primary purpose of publishing names and other personally
27 identifying information concerning parties to motor vehicle
28 crashes. Any local, state, or federal agency, agent, or
29 employee that is authorized to have access to such reports by
30 any provision of law shall be granted such access in the
31 furtherance of the agency's statutory duties notwithstanding
13
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 the provisions of this paragraph. Any local, state, or federal
2 agency, agent, or employee receiving such crash reports shall
3 maintain the confidential and exempt status of those reports
4 and shall not disclose such crash reports to any person or
5 entity. Any person attempting to access crash reports within
6 60 days after the date the report is filed must present
7 legitimate credentials or identification that demonstrates his
8 or her qualifications to access that information. This
9 exemption is subject to the Open Government Sunset Review Act
10 of 1995 in accordance with s. 119.15, and shall stand repealed
11 on October 2, 2006, unless reviewed and saved from repeal
12 through reenactment by the Legislature.
13 Section 6. Subsection (2) of section 316.1975, Florida
14 Statutes, is amended to read:
15 316.1975 Unattended motor vehicle.--
16 (2) This section does not apply to the operator of:
17 (a) An authorized emergency vehicle while in the
18 performance of official duties and the vehicle is equipped
19 with an activated antitheft device that prohibits the vehicle
20 from being driven; or
21 (b) A licensed delivery truck or other delivery
22 vehicle while making deliveries; or
23 (c) A solid waste or recovered materials vehicle while
24 collecting such items.
25 Section 7. Section 316.2127, Florida Statutes, is
26 created to read:
27 316.2127 Operation of utility vehicles on certain
28 roadways by homeowners' associations.--The operation of a
29 utility vehicle, as defined in s. 320.01, upon the public
30 roads or streets of this state by a homeowners' association,
31
14
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 as defined in s. 720.301, or its agents is prohibited except
2 as provided herein:
3 (1) A utility vehicle may be operated by a homeowners'
4 association or its agents only upon a county road that has
5 been designated by a county, or a city street that has been
6 designated by a city, for use by a utility vehicle for general
7 maintenance, security, and landscaping purposes. Prior to
8 making such a designation, the responsible local governmental
9 entity must first determine that utility vehicles may safely
10 travel on or cross the public road or street, considering
11 factors including the speed, volume, and character of motor
12 vehicle traffic on the road or street. Upon a determination
13 that utility vehicles may be safely operated on a designated
14 road or street, the responsible governmental entity shall post
15 appropriate signs to indicate that such operation is allowed.
16 (2) A utility vehicle may be operated by a homeowners'
17 association or its agents on a portion of the State Highway
18 System only under the following conditions:
19 (a) To cross a portion of the State Highway System
20 which intersects a county road or a city street that has been
21 designated for use by utility vehicles if the Department of
22 Transportation has reviewed and approved the location and
23 design of the crossing and any traffic control devices needed
24 for safety purposes.
25 (b) To cross, at midblock, a portion of the State
26 Highway System where the highway bisects property controlled
27 or maintained by a homeowners' association if the Department
28 of Transportation has reviewed and approved the location and
29 design of the crossing and any traffic control devices needed
30 for safety purposes.
31
15
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 (c) To travel on a state road that has been designated
2 for transfer to a local government unit pursuant to s.
3 335.0415 if the Department of Transportation determines that
4 the operation of a utility vehicle within the right-of-way of
5 the road will not impede the safe and efficient flow of motor
6 vehicle traffic. The department may authorize the operation of
7 utility vehicles on such a road if:
8 1. The road is the only available public road on which
9 utility vehicles may travel or cross or the road provides the
10 safest travel route among alternative routes available; and
11 2. The speed, volume, and character of motor vehicle
12 traffic on the road is considered in making such a
13 determination.
14
15 Upon its determination that utility vehicles may be operated
16 on a given road, the department shall post appropriate signs
17 on the road to indicate that such operation is allowed.
18 (3) A utility vehicle may be operated by a homeowners'
19 association or its agents only during the hours between
20 sunrise and sunset, unless the responsible governmental entity
21 has determined that a utility vehicle may be operated during
22 the hours between sunset and sunrise and the utility vehicle
23 is equipped with headlights, brake lights, turn signals, and a
24 windshield.
25 (4) A utility vehicle must be equipped with efficient
26 brakes, a reliable steering apparatus, safe tires, a rearview
27 mirror, and red reflectorized warning devices in both the
28 front and the rear.
29 (5) A utility vehicle may not be operated on public
30 roads or streets by any person under the age of 14.
31
16
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 A violation of this section is a noncriminal traffic
2 infraction, punishable pursuant to chapter 318 as either a
3 moving violation for infractions of subsection (1), subsection
4 (2), subsection (3), or subsection (4) or as a nonmoving
5 violation for infractions of subsection (5).
6 Section 8. Subsection (9) of section 316.2397, Florida
7 Statutes, is amended to read:
8 316.2397 Certain lights prohibited; exceptions.--
9 (9) Flashing red lights may be used by emergency
10 response vehicles of the Department of Environmental
11 Protection and the Department of Health when responding to an
12 emergency in the line of duty.
13 Section 9. Subsection (2) of section 316.304, Florida
14 Statutes, is amended to read:
15 316.304 Wearing of headsets.--
16 (2) This section does not apply to:
17 (a) Any law enforcement officer equipped with any
18 communication device necessary in performing his or her
19 assigned duties or to any emergency vehicle operator equipped
20 with any ear protection device.
21 (b) Any applicant for a license to operate a
22 motorcycle while taking the examination required by s.
23 322.12(5).
24 (c) Any person operating a motorcycle who is using a
25 headset that is installed in a helmet and worn so as to
26 prevent the speakers from making direct contact with the
27 user's ears so that the user can hear surrounding sounds.
28 (d) Any person using a headset in conjunction with a
29 cellular telephone that only provides sound through one ear
30 and allows surrounding sounds to be hear with the other ear.
31
17
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 (e) Any person using a headset in conjunction with
2 communicating with the central base operation that only
3 provides sound through one ear and allows surrounding sounds
4 to be heard with the other ear.
5 Section 10. Section 316.520, Florida Statutes, is
6 amended to read:
7 316.520 Loads on vehicles.--
8 (1) A vehicle may not be driven or moved on any
9 highway unless the vehicle is so constructed or loaded as to
10 prevent any of its load from dropping, shifting, leaking,
11 blowing, or otherwise escaping therefrom, except that sand may
12 be dropped only for the purpose of securing traction or water
13 or other substance may be sprinkled on a roadway in cleaning
14 or maintaining the roadway.
15 (2) It is the duty of every owner and driver,
16 individually and severally, of any vehicle hauling, upon any
17 public road or highway open to the public, dirt, sand, lime
18 rock, gravel, silica, or other similar aggregate or trash,
19 garbage, any inanimate object or objects, or any similar
20 material that could fall or blow from such vehicle, to prevent
21 such materials from falling, blowing, or in any way escaping
22 from such vehicle. Covering and securing the load with a
23 close-fitting tarpaulin or other appropriate cover is
24 required.
25 (3)(a) Except as provided in paragraph (b), a
26 violation of this section is a noncriminal traffic infraction,
27 punishable as a moving nonmoving violation as provided in
28 chapter 318.
29 (b) Any person who violates the provisions of this
30 section which offense results in personal injury to an
31 individual and which offense occurs as a result of failing to
18
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 comply with subsections (1) and (2) commits a criminal traffic
2 offense and a misdemeanor of the second degree, punishable as
3 provided in s. 775.082 or s. 775.083.
4 (4) The provisions of subsection (2) requiring
5 covering and securing the load with a close-fitting tarpaulin
6 or other appropriate cover does not apply to vehicles carrying
7 agricultural products locally from a harvest site or to or
8 from a farm on roads where the posted speed limit is 65 miles
9 per hour or less and the distance driven on public roads is
10 less than 20 miles.
11 Section 11. Paragraph (a) of subsection (1), paragraph
12 (b) of subsection (2), and paragraphs (b) and (c) of
13 subsection (3) of section 316.640, Florida Statutes, are
14 amended to read:
15 316.640 Enforcement.--The enforcement of the traffic
16 laws of this state is vested as follows:
17 (1) STATE.--
18 (a)1.a. The Division of Florida Highway Patrol of the
19 Department of Highway Safety and Motor Vehicles, the Division
20 of Law Enforcement of the Fish and Wildlife Conservation
21 Commission, the Division of Law Enforcement of the Department
22 of Environmental Protection, and law enforcement officers of
23 the Department of Transportation each have authority to
24 enforce all of the traffic laws of this state on all the
25 streets and highways thereof and elsewhere throughout the
26 state wherever the public has a right to travel by motor
27 vehicle. The Division of the Florida Highway Patrol may employ
28 as a traffic accident investigation officer any individual who
29 successfully completes at least 200 hours of instruction in
30 traffic accident investigation and court presentation through
31 the Selective Traffic Enforcement Program as approved by the
19
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 Criminal Justice Standards and Training Commission and funded
2 through the National Highway Traffic Safety Administration or
3 a similar program approved by the commission, but who does not
4 necessarily meet the uniform minimum standards established by
5 the commission for law enforcement officers or auxiliary law
6 enforcement officers under chapter 943. Any such traffic
7 accident investigation officer who makes an investigation at
8 the scene of a traffic accident may issue traffic citations,
9 based upon personal investigation, when he or she has
10 reasonable and probable grounds to believe that a person who
11 was involved in the accident committed an offense under this
12 chapter, chapter 319, chapter 320, or chapter 322 in
13 connection with the accident. This paragraph does not permit
14 the carrying of firearms or other weapons, nor do such
15 officers have arrest authority other than for the issuance of
16 a traffic citation as authorized in this paragraph.
17 b. University police officers shall have authority to
18 enforce all of the traffic laws of this state when such
19 violations occur on or about any property or facilities that
20 are under the guidance, supervision, regulation, or control of
21 a state university, a direct-support organization of such
22 state university, or any other organization controlled by the
23 state university or a direct-support organization of the state
24 university System, except that traffic laws may be enforced
25 off-campus when hot pursuit originates on or adjacent to any
26 such property or facilities on-campus.
27 c. Community college police officers shall have the
28 authority to enforce all the traffic laws of this state only
29 when such violations occur on any property or facilities that
30 are under the guidance, supervision, regulation, or control of
31 the community college system.
20
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 d. Police officers employed by an airport authority
2 shall have the authority to enforce all of the traffic laws of
3 this state only when such violations occur on any property or
4 facilities that are owned or operated by an airport authority.
5 (I) An airport authority may employ as a parking
6 enforcement specialist any individual who successfully
7 completes a training program established and approved by the
8 Criminal Justice Standards and Training Commission for parking
9 enforcement specialists but who does not otherwise meet the
10 uniform minimum standards established by the commission for
11 law enforcement officers or auxiliary or part-time officers
12 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
13 construed to permit the carrying of firearms or other weapons,
14 nor shall such parking enforcement specialist have arrest
15 authority.
16 (II) A parking enforcement specialist employed by an
17 airport authority is authorized to enforce all state, county,
18 and municipal laws and ordinances governing parking only when
19 such violations are on property or facilities owned or
20 operated by the airport authority employing the specialist, by
21 appropriate state, county, or municipal traffic citation.
22 e. The Office of Agricultural Law Enforcement of the
23 Department of Agriculture and Consumer Services shall have the
24 authority to enforce traffic laws of this state only as
25 authorized by the provisions of chapter 570. However, nothing
26 in this section shall expand the authority of the Office of
27 Agricultural Law Enforcement at its agricultural inspection
28 stations to issue any traffic tickets except those traffic
29 tickets for vehicles illegally passing the inspection station.
30 f. School safety officers shall have the authority to
31 enforce all of the traffic laws of this state when such
21
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 violations occur on or about any property or facilities which
2 are under the guidance, supervision, regulation, or control of
3 the district school board.
4 2. An agency of the state as described in subparagraph
5 1. is prohibited from establishing a traffic citation quota. A
6 violation of this subparagraph is not subject to the penalties
7 provided in chapter 318.
8 3. Any disciplinary action taken or performance
9 evaluation conducted by an agency of the state as described in
10 subparagraph 1. of a law enforcement officer's traffic
11 enforcement activity must be in accordance with written
12 work-performance standards. Such standards must be approved by
13 the agency and any collective bargaining unit representing
14 such law enforcement officer. A violation of this subparagraph
15 is not subject to the penalties provided in chapter 318.
16 (2) COUNTIES.--
17 (b) The sheriff's office of each county may employ as
18 a traffic crash investigation officer any individual who
19 successfully completes at least 200 hours of instruction in
20 traffic crash investigation and court presentation through the
21 Selective Traffic Enforcement Program (STEP) as approved by
22 the Criminal Justice Standards and Training Commission and
23 funded through the National Highway Traffic Safety
24 Administration (NHTSA) or a similar program approved by the
25 commission, but who does not necessarily otherwise meet the
26 uniform minimum standards established by the commission for
27 law enforcement officers or auxiliary law enforcement officers
28 under chapter 943. Any such traffic crash investigation
29 officer who makes an investigation at the scene of a traffic
30 crash may issue traffic citations when, based upon personal
31 investigation, he or she has reasonable and probable grounds
22
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 to believe that a person who was involved in the crash has
2 committed an offense under this chapter, chapter 319, chapter
3 320, or chapter 322 in connection with the crash. This
4 paragraph does not permit the carrying of firearms or other
5 weapons, nor do such officers have arrest authority other than
6 for the issuance of a traffic citation as authorized in this
7 paragraph.
8 (3) MUNICIPALITIES.--
9 (b) The police department of a chartered municipality
10 may employ as a traffic crash investigation officer any
11 individual who successfully completes at least 200 hours of
12 instruction in traffic crash investigation and court
13 presentation through the Selective Traffic Enforcement Program
14 (STEP) as approved by the Criminal Justice Standards and
15 Training Commission and funded through the National Highway
16 Traffic Safety Administration (NHTSA) or a similar program
17 approved by the commission, but who does not otherwise meet
18 the uniform minimum standards established by the commission
19 for law enforcement officers or auxiliary law enforcement
20 officers under chapter 943. Any such traffic crash
21 investigation officer who makes an investigation at the scene
22 of a traffic crash is authorized to issue traffic citations
23 when, based upon personal investigation, he or she has
24 reasonable and probable grounds to believe that a person
25 involved in the crash has committed an offense under the
26 provisions of this chapter, chapter 319, chapter 320, or
27 chapter 322 in connection with the crash. Nothing in This
28 paragraph does not shall be construed to permit the carrying
29 of firearms or other weapons, nor do shall such officers have
30 arrest authority other than for the issuance of a traffic
31 citation as authorized above.
23
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 (c)1. A chartered municipality or its authorized
2 agency or instrumentality may employ as a parking enforcement
3 specialist any individual who successfully completes a
4 training program established and approved by the Criminal
5 Justice Standards and Training Commission for parking
6 enforcement specialists, but who does not otherwise meet the
7 uniform minimum standards established by the commission for
8 law enforcement officers or auxiliary or part-time officers
9 under s. 943.12.
10 2. A parking enforcement specialist employed by a
11 chartered municipality or its authorized agency or
12 instrumentality is authorized to enforce all state, county,
13 and municipal laws and ordinances governing parking within the
14 boundaries of the municipality employing the specialist, by
15 appropriate state, county, or municipal traffic citation.
16 Nothing in this paragraph shall be construed to permit the
17 carrying of firearms or other weapons, nor shall such a
18 parking enforcement specialist have arrest authority.
19 3. A parking enforcement specialist employed pursuant
20 to this subsection may not carry firearms or other weapons or
21 have arrest authority.
22 Section 12. Subsection (5) of section 318.1451,
23 Florida Statutes, is amended to read:
24 318.1451 Driver improvement schools.--
25 (5)(a) No governmental entity or court shall provide,
26 issue, or maintain any information or orders regarding driver
27 improvement schools or course providers, with the exception of
28 directing inquiries or requests to the local telephone
29 directory heading of driving instruction or the traffic school
30 reference guide. However, The department is authorized to
31 maintain the information and records necessary to administer
24
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 its duties and responsibilities for driver improvement
2 courses. Where such information is a public record as defined
3 in chapter 119, it shall be made available to the public upon
4 request pursuant to s. 119.07(1).
5 (b) The department or court may shall prepare for any
6 governmental entity to distribute a traffic school reference
7 guide which lists shall list the benefits of attending a
8 driver improvement school and contains the names of the fully
9 approved course providers with a single telephone number for
10 each such provider, as furnished by the provider, but under no
11 circumstance may any list of course providers or schools be
12 included, and shall refer further inquiries to the telephone
13 directory under driving instruction.
14 Section 13. Paragraph (f) is added to subsection (3)
15 of section 318.18, Florida Statutes, and subsection (12) is
16 added to said section, to read:
17 318.18 Amount of civil penalties.--The penalties
18 required for a noncriminal disposition pursuant to s. 318.14
19 are as follows:
20 (3)
21 (b) For moving violations involving unlawful speed,
22 the fines are as follows:
23
24 For speed exceeding the limit by: Fine:
25 1-5 m.p.h..............................................Warning
26 6-9 m.p.h.................................................$ 25
27 10-14 m.p.h...............................................$100
28 15-19 m.p.h...............................................$125
29 20-29 m.p.h...............................................$150
30 30 m.p.h. and above.......................................$250
31
25
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 (f) A person cited for exceeding the speed limit
2 within a zone posted for any electronic or manual toll
3 collection facility will be assessed a fine double the amount
4 listed in paragraph (b). However, no person cited for
5 exceeding the speed limit in any toll collection zone shall be
6 subject to a doubled fine unless the governmental entity or
7 authority controlling the toll collection zone first installs
8 a traffic control device providing warning that speeding fines
9 are doubled. Any such traffic control device must meet the
10 requirements of the uniform system of traffic control devices.
11 (12) One hundred dollars for a violation of s.
12 316.520(1) or (2). If, at a hearing, the alleged offender is
13 found to have committed this offense, the court shall impose a
14 minimum civil penalty of $100. For a second or subsequent
15 adjudication within a period of 5 years, the department shall
16 suspend the driver's license of the person for not less than
17 180 days and not more than 1 year.
18 Section 14. Section 318.19, Florida Statutes, is
19 amended to read:
20 318.19 Infractions requiring a mandatory hearing.--Any
21 person cited for the infractions listed in this section shall
22 not have the provisions of s. 318.14(2), (4), and (9)
23 available to him or her but must appear before the designated
24 official at the time and location of the scheduled hearing:
25 (1) Any infraction which results in a crash that
26 causes the death of another; or
27 (2) Any infraction which results in a crash that
28 causes "serious bodily injury" of another as defined in s.
29 316.1933(1); or
30 (3) Any infraction of s. 316.172(1)(b); or
31 (4) Any infraction of s. 316.520(1) or (2).
26
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 Section 15. Subsection (1), paragraph (b) of
2 subsection (2), and paragraphs (b) and (c) of subsection (3)
3 of section 316.640, Florida Statutes, are amended to read:
4 316.640 Enforcement.--The enforcement of the traffic
5 laws of this state is vested as follows:
6 (1) STATE.--
7 (a)1.a. The Division of Florida Highway Patrol of the
8 Department of Highway Safety and Motor Vehicles, the Division
9 of Law Enforcement of the Fish and Wildlife Conservation
10 Commission, the Division of Law Enforcement of the Department
11 of Environmental Protection, and law enforcement officers of
12 the Department of Transportation each have authority to
13 enforce all of the traffic laws of this state on all the
14 streets and highways thereof and elsewhere throughout the
15 state wherever the public has a right to travel by motor
16 vehicle. The Division of the Florida Highway Patrol may employ
17 as a traffic accident investigation officer any individual who
18 successfully completes at least 200 hours of instruction in
19 traffic accident investigation and court presentation through
20 the Selective Traffic Enforcement Program as approved by the
21 Criminal Justice Standards and Training Commission and funded
22 through the National Highway Traffic Safety Administration or
23 a similar program approved by the commission, but who does not
24 necessarily meet the uniform minimum standards established by
25 the commission for law enforcement officers or auxiliary law
26 enforcement officers under chapter 943. Any such traffic
27 accident investigation officer who makes an investigation at
28 the scene of a traffic accident may issue traffic citations,
29 based upon personal investigation, when he or she has
30 reasonable and probable grounds to believe that a person who
31 was involved in the accident committed an offense under this
27
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 chapter, chapter 319, chapter 320, or chapter 322 in
2 connection with the accident. This paragraph does not permit
3 the carrying of firearms or other weapons, nor do such
4 officers have arrest authority other than for the issuance of
5 a traffic citation as authorized in this paragraph.
6 b. University police officers shall have authority to
7 enforce all of the traffic laws of this state when such
8 violations occur on or about any property or facilities that
9 are under the guidance, supervision, regulation, or control of
10 a state university, a direct-support organization of such
11 state university, or any other organization controlled by the
12 state university or a direct-support organization of the state
13 university System, except that traffic laws may be enforced
14 off-campus when hot pursuit originates on or adjacent to any
15 such property or facilities on-campus.
16 c. Community college police officers shall have the
17 authority to enforce all the traffic laws of this state only
18 when such violations occur on any property or facilities that
19 are under the guidance, supervision, regulation, or control of
20 the community college system.
21 d. Police officers employed by an airport authority
22 shall have the authority to enforce all of the traffic laws of
23 this state only when such violations occur on any property or
24 facilities that are owned or operated by an airport authority.
25 (I) An airport authority may employ as a parking
26 enforcement specialist any individual who successfully
27 completes a training program established and approved by the
28 Criminal Justice Standards and Training Commission for parking
29 enforcement specialists but who does not otherwise meet the
30 uniform minimum standards established by the commission for
31 law enforcement officers or auxiliary or part-time officers
28
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
2 construed to permit the carrying of firearms or other weapons,
3 nor shall such parking enforcement specialist have arrest
4 authority.
5 (II) A parking enforcement specialist employed by an
6 airport authority is authorized to enforce all state, county,
7 and municipal laws and ordinances governing parking only when
8 such violations are on property or facilities owned or
9 operated by the airport authority employing the specialist, by
10 appropriate state, county, or municipal traffic citation.
11 e. The Office of Agricultural Law Enforcement of the
12 Department of Agriculture and Consumer Services shall have the
13 authority to enforce traffic laws of this state only as
14 authorized by the provisions of chapter 570. However, nothing
15 in this section shall expand the authority of the Office of
16 Agricultural Law Enforcement at its agricultural inspection
17 stations to issue any traffic tickets except those traffic
18 tickets for vehicles illegally passing the inspection station.
19 f. School safety officers shall have the authority to
20 enforce all of the traffic laws of this state when such
21 violations occur on or about any property or facilities which
22 are under the guidance, supervision, regulation, or control of
23 the district school board.
24 2. An agency of the state as described in subparagraph
25 1. is prohibited from establishing a traffic citation quota. A
26 violation of this subparagraph is not subject to the penalties
27 provided in chapter 318.
28 3. Any disciplinary action taken or performance
29 evaluation conducted by an agency of the state as described in
30 subparagraph 1. of a law enforcement officer's traffic
31 enforcement activity must be in accordance with written
29
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 work-performance standards. Such standards must be approved by
2 the agency and any collective bargaining unit representing
3 such law enforcement officer. A violation of this subparagraph
4 is not subject to the penalties provided in chapter 318.
5 (2) COUNTIES.--
6 (b) The sheriff's office of each county may employ as
7 a traffic crash investigation officer any individual who
8 successfully completes at least 200 hours of instruction in
9 traffic crash investigation and court presentation through the
10 Selective Traffic Enforcement Program (STEP) as approved by
11 the Criminal Justice Standards and Training Commission and
12 funded through the National Highway Traffic Safety
13 Administration (NHTSA) or a similar program approved by the
14 commission, but who does not necessarily otherwise meet the
15 uniform minimum standards established by the commission for
16 law enforcement officers or auxiliary law enforcement officers
17 under chapter 943. Any such traffic crash investigation
18 officer who makes an investigation at the scene of a traffic
19 crash may issue traffic citations when, based upon personal
20 investigation, he or she has reasonable and probable grounds
21 to believe that a person who was involved in the crash has
22 committed an offense under this chapter, chapter 319, chapter
23 320, or chapter 322 in connection with the crash. This
24 paragraph does not permit the carrying of firearms or other
25 weapons, nor do such officers have arrest authority other than
26 for the issuance of a traffic citation as authorized in this
27 paragraph.
28 (3) MUNICIPALITIES.--
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
30
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
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
31
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
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 570.073, Florida Statutes, is
12 amended to read:
13 570.073 Department of Agriculture and Consumer
14 Services, law enforcement officers.--
15 (1) The commissioner may create an Office of
16 Agricultural Law Enforcement under the supervision of a senior
17 manager exempt under s. 110.205 in the Senior Management
18 Service. The commissioner may designate law enforcement
19 officers, as necessary, to enforce any criminal law or conduct
20 any criminal investigation or to enforce the provisions of any
21 statute or any other laws of this staterelating to any matter
22 over which the department has jurisdiction or which occurs on
23 property owned, managed, or occupied by the department.
24 Officers appointed under this section have the primary
25 responsibility for enforcing laws relating to agriculture and
26 consumer services as outlined below and violations of law that
27 threaten the overall security and safety of this state's
28 agriculture and consumer services. Those matters include The
29 primary responsibilities include the enforcement of laws
30 relating to:
31
32
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 (a) Domesticated animals, including livestock,
2 poultry, aquaculture products, and other wild or domesticated
3 animals or animal products.
4 (b) Farms, farm equipment, livery tack, citrus or
5 citrus products, or horticultural products.
6 (c) Trespass, littering, forests, forest fires, and
7 open burning.
8 (d) Damage to or theft of forest products.
9 (e) Enforcement of a marketing order.
10 (f) Protection of consumers.
11 (g) Civil traffic offenses as outlined under Florida
12 law provided for in chapters 316, 320, and 322, subject to the
13 provisions of chapter 318, relating to any matter over which
14 the department has jurisdiction or committed on property
15 owned, managed, or occupied by the department.
16 (h) The use of alcohol or drugs which occurs on
17 property owned, managed, or occupied by the department.
18 (i) Any emergency situation in which the life, limb,
19 or property of any person is placed in immediate and serious
20 danger.
21 (j) Any crime incidental to or related to paragraphs
22 (a)-(i).
23 (k) Any law over which the Commissioner of Agriculture
24 has responsibility.
25 (2) Each law enforcement officer shall meet the
26 qualifications of law enforcement officers under s. 943.13 and
27 shall be certified as a law enforcement officer by the
28 Department of Law Enforcement under the provisions of chapter
29 943. Upon certification, each law enforcement officer is
30 subject to and shall have the same arrest and other authority
31 provided for law enforcement officers generally in chapter 901
33
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 and shall have statewide jurisdiction as provided in
2 subsection (1). Each officer shall also have arrest authority
3 as provided for state law enforcement officers in s.
4 901.15(11). Such officers have full law enforcement powers
5 granted to other peace officers of this state, including the
6 power to make arrests, carry firearms, serve court process,
7 and seize contraband and the proceeds of illegal activities.
8 (3) The Commissioner may also appoint part-time,
9 reserve or auxiliary law enforcement officers under chapter
10 943.
11 (4)(3) All department law enforcement officers, upon
12 certification under s. 943.1395, shall have the same right and
13 authority to carry arms as do the sheriffs of this state.
14 (5)(4) Each law enforcement officer in the state who
15 is certified pursuant to chapter 943 has the same authority as
16 law enforcement officers designated in this section to enforce
17 the laws of this state as described in subsection (1).
18 Section 11. Subsection (5) of section 318.1451,
19 Florida Statutes, is amended to read:
20 318.1451 Driver improvement schools.--
21 (5)(a) No governmental entity or court shall provide,
22 issue, or maintain any information or orders regarding driver
23 improvement schools or course providers, with the exception of
24 directing inquiries or requests to the local telephone
25 directory heading of driving instruction or the traffic school
26 reference guide. However, The department is authorized to
27 maintain the information and records necessary to administer
28 its duties and responsibilities for driver improvement
29 courses. Where such information is a public record as defined
30 in chapter 119, it shall be made available to the public upon
31 request pursuant to s. 119.07(1).
34
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 (b) The department or court may shall prepare for any
2 governmental entity to distribute a traffic school reference
3 guide which lists shall list the benefits of attending a
4 driver improvement school and contains the names of the fully
5 approved course providers with a single telephone number for
6 each such provider, as furnished by the provider, but under no
7 circumstance may any list of course providers or schools be
8 included, and shall refer further inquiries to the telephone
9 directory under driving instruction.
10 Section 12. Paragraph (f) is added to subsection (3)
11 of section 318.18, Florida Statutes, to read:
12 318.18 Amount of civil penalties.--The penalties
13 required for a noncriminal disposition pursuant to s. 318.14
14 are as follows:
15 (3)
16 (b) For moving violations involving unlawful speed,
17 the fines are as follows:
18
19 For speed exceeding the limit by: Fine:
20 1-5 m.p.h..............................................Warning
21 6-9 m.p.h.................................................$ 25
22 10-14 m.p.h...............................................$100
23 15-19 m.p.h...............................................$125
24 20-29 m.p.h...............................................$150
25 30 m.p.h. and above.......................................$250
26
27 (f) A person cited for exceeding the speed limit
28 within a zone posted for any electronic or manual toll
29 collection facility will be assessed a fine double the amount
30 listed in paragraph (b). However, no person cited for
31 exceeding the speed limit in any toll collection zone shall be
35
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 subject to a doubled fine unless the governmental entity or
2 authority controlling the toll collection zone first installs
3 a traffic control device providing warning that speeding fines
4 are doubled. Any such traffic control device must meet the
5 requirements of the uniform system of traffic control devices.
6 Section 13. Subsections (5) and (11) of section
7 319.23, Florida Statutes, are amended to read:
8 319.23 Application for, and issuance of, certificate
9 of title.--
10 (5) The certificate of title issued by the department
11 for a motor vehicle or mobile home previously registered
12 outside this state shall give the name of the state or country
13 in which the vehicle was last registered outside this state.
14 The department shall retain the evidence of title presented by
15 the applicant upon which the certificate of title is issued.
16 The department shall use reasonable diligence in ascertaining
17 whether or not the facts in the application are true; and, if
18 satisfied that the applicant is the owner of the motor vehicle
19 or mobile home and that the application is in the proper form,
20 it shall issue a certificate of title.
21 (11) The department is not required to retain any
22 evidence of title presented by the applicant and based on
23 which the certificate of title is issued.
24 Section 14. Paragraph (a) of subsection (1) of section
25 319.28, Florida Statutes, is amended to read:
26 319.28 Transfer of ownership by operation of law.--
27 (1)(a) In the event of the transfer of ownership of a
28 motor vehicle or mobile home by operation of law as upon
29 inheritance, devise or bequest, order in bankruptcy,
30 insolvency, replevin, attachment, execution, or other judicial
31 sale or whenever the engine of a motor vehicle is replaced by
36
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 another engine or whenever a motor vehicle is sold to satisfy
2 storage or repair charges or repossession is had upon default
3 in performance of the terms of a security agreement, chattel
4 mortgage, conditional sales contract, trust receipt, or other
5 like agreement, and upon the surrender of the prior
6 certificate of title or, when that is not possible,
7 presentation of satisfactory proof to the department of
8 ownership and right of possession to such motor vehicle or
9 mobile home, and upon payment of the fee prescribed by law and
10 presentation of an application for certificate of title, the
11 department may issue to the applicant a certificate of title
12 thereto. If the application is predicated upon a security
13 agreement, chattel mortgage, conditional sales contract, trust
14 receipt, or other like agreement, the original instrument or a
15 certified copy thereof shall accompany the application;
16 however, if an owner under a chattel mortgage voluntarily
17 surrenders possession of the motor vehicle or mobile home, the
18 original or a certified copy of the chattel mortgage shall
19 accompany the application for a certificate of title and it
20 shall not be necessary to institute proceedings in any court
21 to foreclose such mortgage.
22 Section 15. Paragraph (d) of subsection (1) of section
23 319.33, Florida Statutes, is amended, and subsection (6) of
24 said section is reenacted, to read:
25 319.33 Offenses involving vehicle identification
26 numbers, applications, certificates, papers; penalty.--
27 (1) It is unlawful:
28 (d) To possess, sell or offer for sale, conceal, or
29 dispose of in this state a motor vehicle or mobile home, or
30 major component part thereof, on which any the motor number or
31 vehicle identification number that has been affixed by the
37
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 manufacturer or by a state agency, such as the Department of
2 Highway Safety and Motor Vehicles, which regulates motor
3 vehicles has been destroyed, removed, covered, altered, or
4 defaced, with knowledge of such destruction, removal,
5 covering, alteration, or defacement, except as provided in s.
6 319.30(4).
7 (6) Any person who violates any provision of this
8 section is guilty of a felony of the third degree, punishable
9 as provided in s. 775.082, s. 775.083, or s. 775.084. Any
10 motor vehicle used in violation of this section shall
11 constitute contraband which may be seized by a law enforcement
12 agency and shall be subject to forfeiture proceedings pursuant
13 to ss. 932.701-932.704. This section is not exclusive of any
14 other penalties prescribed by any existing or future laws for
15 the larceny or unauthorized taking of motor vehicles or mobile
16 homes, but is supplementary thereto.
17 Section 16. Section 320.025, Florida Statutes, is
18 amended to read:
19 320.025 Registration certificate and license plate or
20 decal issued under fictitious name; application.--
21 (1) A confidential registration certificate and
22 registration license plate or decal shall be issued under a
23 fictitious name only for a motor vehicle or vessel owned or
24 operated by a law enforcement agency of state, county,
25 municipal, or federal government, the Attorney General's
26 Medicaid Fraud Control Unit, or any state public defender's
27 office. The requesting agency shall file a written application
28 with the department on forms furnished by the department,
29 which includes a statement that the license plate or decal
30 will be used for the Attorney General's Medicaid Fraud Control
31 Unit, or law enforcement or any state public defender's office
38
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 activities requiring concealment of publicly leased or owned
2 motor vehicles or vessels and a statement of the position
3 classifications of the individuals who are authorized to use
4 the license plate or decal. The department may modify its
5 records to reflect the fictitious identity of the owner or
6 lessee until such time as the license plate or decal and
7 registration certificate are surrendered to it.
8 (2) Except as provided in subsection (1), any motor
9 vehicle owned or exclusively operated by the state or any
10 county, municipality, or other governmental entity must at all
11 times display a license plate of the type prescribed in s.
12 320.0655. Any vessel owned or exclusively operated by the
13 state or any county, municipality, or other governmental
14 entity must at all times display a registration number as
15 required in s. 328.56 and a vessel decal as required in s.
16 328.48(5).
17 (3) This section constitutes an exception to other
18 statutes relating to falsification of public records, false
19 swearing, and similar matters. All records relating to the
20 registration application of the Attorney General's Medicaid
21 Fraud Control Unit, a law enforcement agency, or any state
22 public defender's office, and records necessary to carry out
23 the intended purpose of this section, are exempt from the
24 provisions of s. 119.07(1), and s. 24(a), Art. I of the State
25 Constitution as long as the information is retained by the
26 department. This section does not prohibit other personations,
27 fabrications, or creations of false identifications by the
28 Attorney General's Medicaid Fraud Control Unit, or law
29 enforcement or public defender's officers in the official
30 performance of covert operations.
31
39
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 Section 17. Subsections (1) and (2) of section 320.05,
2 Florida Statutes, are amended to read:
3 320.05 Records of the department; inspection
4 procedure; lists and searches; fees.--
5 (1) Except as provided in ss. s. 119.07(3) and
6 320.025(3), the department may release records as provided in
7 this section.
8 (2) Upon receipt of an application for the
9 registration of a motor vehicle, vessel, or mobile home, as
10 herein provided for, the department shall register the motor
11 vehicle, vessel, or mobile home under the distinctive number
12 assigned to such motor vehicle, vessel, or mobile home by the
13 department. Electronic registration records shall be open to
14 the inspection of the public during business hours.
15 Information on a motor vehicle or vessel registration may not
16 be made available to a person unless the person requesting the
17 information furnishes positive proof of identification. The
18 agency that furnishes a motor vehicle or vessel registration
19 record shall record the name and address of any person other
20 than a representative of a law enforcement agency who requests
21 and receives information from a motor vehicle or vessel
22 registration record and shall also record the name and address
23 of the person who is the subject of the inquiry or other
24 information identifying the entity about which information is
25 requested. A record of each such inquiry must be maintained
26 for a period of 6 months from the date upon which the
27 information was released to the inquirer. Nothing in this
28 section shall prohibit any financial institution, insurance
29 company, motor vehicle dealer, licensee under chapter 493,
30 attorney, or other agency which the department determines has
31 the right to know from obtaining, for professional or business
40
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 use only, information in such records from the department
2 through any means of telecommunication pursuant to a code
3 developed by the department providing all fees specified in
4 subsection (3) have been paid. The department shall disclose
5 records or information to the child support enforcement agency
6 to assist in the location of individuals who owe or
7 potentially owe support, as defined in s. 409.2554, or to whom
8 such an obligation is owed pursuant to Title IV-D of the
9 Social Security Act.
10 Section 18. Subsection (5) of section 320.055, Florida
11 Statutes, is amended to read:
12 320.055 Registration periods; renewal periods.--The
13 following registration periods and renewal periods are
14 established:
15 (5) For a vehicle subject to apportioned registration
16 under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the
17 registration period shall be a period of 12 months beginning
18 in a month designated by the department and ending on the last
19 day of the 12th month. For a vehicle subject to this
20 registration period, the renewal period is the last month of
21 the registration period. The registration period may be
22 shortened or extended at the discretion of the department, on
23 receipt of the appropriate prorated fees, in order to evenly
24 distribute such registrations on a monthly basis. For a
25 vehicle subject to nonapportioned registration under s.
26 320.08(4), (5)(a)1., (6)(b), or (14), the registration period
27 begins December 1 and ends November 30. The renewal period is
28 the 31-day period beginning December 1.
29 Section 19. Paragraphs (b) and (c) of subsection (1)
30 of section 320.06, Florida Statutes, are amended to read:
31
41
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 320.06 Registration certificates, license plates, and
2 validation stickers generally.--
3 (1)
4 (b) Registration license plates bearing a graphic
5 symbol and the alphanumeric system of identification shall be
6 issued for a 5-year period. At the end of said 5-year period,
7 upon renewal, the plate shall be replaced. The fee for such
8 replacement shall be $10, $2 of which shall be paid each year
9 before the plate is replaced, to be credited towards the next
10 $10 replacement fee. The fees shall be deposited into the
11 Highway Safety Operating Trust Fund. A credit or refund shall
12 not be given for any prior years' payments of such prorated
13 replacement fee when the plate is replaced or surrendered
14 before the end of the 5-year period. With each license plate,
15 there shall be issued a validation sticker showing the owner's
16 birth month, license plate number, and the year of expiration
17 or the appropriate renewal period if the owner is not a
18 natural person. The This validation sticker is to shall be
19 placed on the upper right left corner of the license plate and
20 shall be issued one time during the life of the license plate,
21 or upon request when it has been damaged or destroyed. There
22 shall also be issued with each license plate a serially
23 numbered validation sticker showing the year of expiration,
24 which sticker shall be placed on the upper right corner of the
25 license plate. Such license plate and validation sticker
26 stickers shall be issued based on the applicant's appropriate
27 renewal period. The registration period shall be a period of
28 12 months, and all expirations shall occur based on the
29 applicant's appropriate registration period. A vehicle with an
30 apportioned registration shall be issued an annual license
31 plate and a cab card that denote the declared gross vehicle
42
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 weight for each apportioned jurisdiction in which the vehicle
2 is authorized to operate.
3 (c) Registration license plates equipped with
4 validation stickers shall be valid for not more than 12 months
5 and shall expire at midnight on the last day of the
6 registration period. For each registration period after the
7 one in which the metal registration license plate is issued,
8 and until the license plate is required to be replaced, a
9 validation sticker showing the month and year of expiration
10 shall be issued upon payment of the proper license tax amount
11 and fees and shall be valid for not more than 12 months. When
12 license plates equipped with validation stickers are issued in
13 any month other than the owner's birth month or the designated
14 registration period for any other motor vehicle, the effective
15 date shall reflect the birth month or month and the year of
16 renewal. However, when a license plate or validation sticker
17 is issued for a period of less than 12 months, the applicant
18 shall pay the appropriate amount of license tax and the
19 applicable fee under the provisions of s. 320.14 in addition
20 to all other fees. Validation stickers issued for vehicles
21 taxed under the provisions of s. 320.08(6)(a), for any company
22 which owns 250 vehicles or more, or for semitrailers taxed
23 under the provisions of s. 320.08(5)(a), for any company which
24 owns 50 vehicles or more, may be placed on any vehicle in the
25 fleet so long as the vehicle receiving the validation sticker
26 has the same owner's name and address as the vehicle to which
27 the validation sticker was originally assigned.
28 Section 20. Paragraph (a) of subsection (2) of section
29 320.072, Florida Statutes, is amended to read:
30 320.072 Additional fee imposed on certain motor
31 vehicle registration transactions.--
43
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 (2) The fee imposed by subsection (1) shall not apply
2 to:
3 (a) Any registration renewal transaction, except that
4 this exemption shall not apply if the plate being renewed
5 expired 10 or more years prior to the transaction date.
6 Section 21. Subsection (6) of section 320.0805,
7 Florida Statutes, is amended to read:
8 320.0805 Personalized prestige license plates.--
9 (6) A personalized prestige license plate shall be
10 issued for the exclusive continuing use of the applicant. An
11 exact duplicate of any plate may not be issued to any other
12 applicant during the same registration period. An exact
13 duplicate may not be issued for any succeeding year unless the
14 previous owner of a specific plate relinquishes it by failure
15 to apply for renewal or reissuance for 1 year three
16 consecutive annual registration periods following the last
17 original year of issuance.
18 Section 22. Paragraph (hh) is added to subsection (4)
19 of section 320.08056, Florida Statutes, as amended by chapter
20 2001-355, Laws of Florida, to read:
21 320.08056 Specialty license plates.--
22 (4) The following license plate annual use fees shall
23 be collected for the appropriate specialty license plates:
24 (hh) Florida Golf license plate, $25.
25 Section 23. Subsection (34) is added to section
26 320.08058, Florida Statutes, as amended by chapter 2001-355,
27 Laws of Florida, to read:
28 320.08058 Specialty license plates.--
29 (34) FLORIDA GOLF LICENSE PLATES.--
30 (a) The Department of Highway Safety and Motor
31 Vehicles shall develop a Florida Golf license plate as
44
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 provided in this section. The word "Florida" must appear at
2 the bottom of the plate. The Dade Amateur Golf Association,
3 following consultation with the PGA TOUR, the Florida Sports
4 Foundation, the LPGA, and the PGA of America may submit a
5 revised sample plate for consideration by the department.
6 (b) The department shall distribute the Florida Golf
7 license plate annual use fee to the Florida Sports Foundation,
8 a direct-support organization of the Office of Tourism, Trade,
9 and Economic Development. The license plate annual use fees
10 are to be annually allocated as follows:
11 1. Up to 5 percent of the proceeds from the annual use
12 fees may be used by the Florida Sports Foundation for the
13 administration of the Florida Youth Golf Program.
14 2. The Dade Amateur Golf Association shall receive the
15 first $80,000 in proceeds from the annual use fees for the
16 operation of youth golf programs in Miami-Dade County.
17 Thereafter, 15 percent of the proceeds from the annual use
18 fees shall be provided to the Dade Amateur Golf Association
19 for the operation of youth golf programs in Miami-Dade County.
20 3. The remaining proceeds from the annual use fees
21 shall be available for grants to nonprofit organizations to
22 operate youth golf programs and for marketing the Florida Golf
23 license plates. All grant recipients, including the Dade
24 Amateur Golf Association, shall be required to provide to the
25 Florida Sports Foundation an annual program and financial
26 report regarding the use of grant funds. Such reports shall
27 be made available to the public.
28 (c) The Florida Sports Foundation may establish a
29 Florida Youth Golf Program. The Florida Youth Golf Program
30 shall assist organizations for the benefit of youth, introduce
31 young people to golf, instruct young people in golf, teach the
45
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 values of golf, and stress life skills, fair play, courtesy,
2 and self-discipline.
3 (d) The Florida Sports Foundation shall establish a
4 seven-member advisory committee to offer advice regarding the
5 distribution of the annual use fees for grants to nonprofit
6 organizations. The advisory committee shall consist of one
7 member from a group serving youth, one member from a group
8 serving disabled youth, and five members at large.
9 Section 24. Subsection (1) of section 320.083, Florida
10 Statutes, is amended to read:
11 320.083 Amateur radio operators; special license
12 plates; fees.--
13 (1) A person who is the owner or lessee of an
14 automobile or truck for private use, a truck weighing not more
15 than 7,999 5,000 pounds, or a recreational vehicle as
16 specified in s. 320.08(9)(c) or (d), which is not used for
17 hire or commercial use; who is a resident of the state; and
18 who holds a valid official amateur radio station license
19 issued by the Federal Communications Commission shall be
20 issued a special license plate upon application, accompanied
21 by proof of ownership of such radio station license, and
22 payment of the following tax and fees:
23 (a) The license tax required for the vehicle, as
24 prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b),
25 (c), (d), (e), or (f), or (9); and
26 (b) An initial additional fee of $5, and an additional
27 fee of $1.50 thereafter.
28 Section 25. Subsection (2) of section 320.0848,
29 Florida Statutes, is amended to read:
30 320.0848 Persons who have disabilities; issuance of
31 disabled parking permits; temporary permits; permits for
46
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 certain providers of transportation services to persons who
2 have disabilities.--
3 (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
4 MOBILITY PROBLEMS.--
5 (a) The disabled parking permit is a placard that can
6 be placed in a motor vehicle so as to be visible from the
7 front and rear of the vehicle. Each side of the placard must
8 have the international symbol of accessibility in a
9 contrasting color in the center so as to be visible. One side
10 of the placard must display the applicant's driver's license
11 number or state identification card number along with a
12 warning that the applicant must have such identification at
13 all times while using the parking permit. A validation sticker
14 must also be issued with each disabled parking permit, showing
15 the month and year of expiration on each side of the placard.
16 Validation stickers must be of the size specified by the
17 Department of Highway Safety and Motor Vehicles and must be
18 affixed to the disabled parking permits. The disabled parking
19 permits must use the same colors as license plate validations.
20 (b) License plates issued under ss. 320.084, 320.0842,
21 320.0843, and 320.0845 are valid for the same parking
22 privileges and other privileges provided under ss. 316.1955,
23 316.1964, and 526.141(5)(a).
24 (c) The administrative processing fee for each initial
25 4-year disabled parking permit or renewal permit shall be
26 $1.50, and all proceeds of that fee shall be retained by the
27 tax collector of the county in which the fee was collected.
28 (c)1. Except as provided in subparagraph 2., the fee
29 for a disabled parking permit shall be:
30 a. Fifteen dollars for each initial 4-year permit or
31 renewal permit, of which the State Transportation Trust Fund
47
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 shall receive $13.50 and the tax collector of the county in
2 which the fee was collected shall receive $1.50.
3 b. One dollar for each additional or additional
4 renewal 4-year permit, of which the State Transportation Trust
5 Fund shall receive all funds collected.
6 (d) The department shall not issue an additional
7 disabled parking permit unless the applicant states that he or
8 she is they are a frequent traveler or a quadriplegic. The
9 department may not issue to any one eligible applicant more
10 than two disabled parking permits except to an organization in
11 accordance with paragraph (1)(e). Subsections (1), (5), (6),
12 and (7) apply to this subsection.
13 (e)2. If an applicant who is a disabled veteran, is a
14 resident of this state, has been honorably discharged, and
15 either has been determined by the Department of Defense or the
16 United States Department of Veterans Affairs or its
17 predecessor to have a service-connected disability rating for
18 compensation of 50 percent or greater or has been determined
19 to have a service-connected disability rating of 50 percent or
20 greater and is in receipt of both disability retirement pay
21 from the United States Department of Veterans Affairs, he or
22 she must still provide and has a signed physician's statement
23 of qualification for the disabled parking permits., the fee
24 for a disabled parking permit shall be:
25 a. One dollar and fifty cents for the initial 4-year
26 permit or renewal permit.
27 b. One dollar for each additional or additional
28 renewal 4-year permit.
29
30 The tax collector of the county in which the fee was collected
31 shall retain all funds received pursuant to this subparagraph.
48
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 3. If an applicant presents to the department a
2 statement from the Federal Government or the State of Florida
3 indicating the applicant is a recipient of supplemental
4 security income, the fee for the disabled parking permit shall
5 be $9 for the initial 4-year permit or renewal permit, of
6 which the State Transportation Trust Fund shall receive $6.75
7 and the tax collector of the county in which the fee was
8 collected shall receive $2.25.
9 (f)(d) To obtain a replacement for a disabled parking
10 permit that has been lost or stolen, a person must submit an
11 application on a form prescribed by the department and must
12 pay a replacement fee in the amount of $1.00, to be retained
13 by the issuing agency. If the person submits with the
14 application a police report documenting that the permit was
15 stolen, there is no replacement fee.
16 (g)(e) A person who qualifies for a disabled parking
17 permit under this section may be issued an international
18 wheelchair user symbol license plate under s. 320.0843 in lieu
19 of the disabled parking permit; or, if the person qualifies
20 for a "DV" license plate under s. 320.084, such a license
21 plate may be issued to him or her in lieu of a disabled
22 parking permit.
23 Section 26. Subsections (2) and (3) of section
24 320.089, Florida Statutes, are amended to read:
25 320.089 Members of National Guard and active United
26 States Armed Forces reservists; former prisoners of war;
27 survivors of Pearl Harbor; Purple Heart medal recipients;
28 special license plates; fee.--
29 (2) Each owner or lessee of an automobile or truck for
30 private use, truck weighing not more than 7,999 5,000 pounds,
31 or recreational vehicle as specified in s. 320.08(9)(c) or
49
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 (d), which is not used for hire or commercial use, who is a
2 resident of the state and who is a former prisoner of war, or
3 their unremarried surviving spouse, shall, upon application
4 therefor to the department, be issued a license plate as
5 provided in s. 320.06, on which license plate are stamped the
6 words "Ex-POW" followed by the serial number. Each application
7 shall be accompanied by proof that the applicant meets the
8 qualifications specified in paragraph (a) or paragraph (b).
9 (a) A citizen of the United States who served as a
10 member of the Armed Forces of the United States or the armed
11 forces of a nation allied with the United States who was held
12 as a prisoner of war at such time as the Armed Forces of the
13 United States were engaged in combat, or their unremarried
14 surviving spouse, may be issued the special license plate
15 provided for in this subsection without payment of the license
16 tax imposed by s. 320.08.
17 (b) A person who was serving as a civilian with the
18 consent of the United States Government, or a person who was a
19 member of the Armed Forces of the United States who was not a
20 United States citizen and was held as a prisoner of war when
21 the Armed Forces of the United States were engaged in combat,
22 or their unremarried surviving spouse, may be issued the
23 special license plate provided for in this subsection upon
24 payment of the license tax imposed by s. 320.08.
25 (3) Each owner or lessee of an automobile or truck for
26 private use, truck weighing not more than 7,999 5,000 pounds,
27 or recreational vehicle as specified in s. 320.08(9)(c) or
28 (d), which is not used for hire or commercial use, who is a
29 resident of this state and who is the unremarried surviving
30 spouse of a recipient of the Purple Heart medal shall, upon
31 application therefor to the department, with the payment of
50
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 the required fees, be issued a license plate as provided in s.
2 320.06, on which license plate are stamped the words "Purple
3 Heart" and the likeness of the Purple Heart medal followed by
4 the serial number. Each application shall be accompanied by
5 proof that the applicant is the unremarried surviving spouse
6 of a recipient of the Purple Heart medal.
7 Section 27. Subsection (4) and (5) are added to
8 section 320.275, Florida Statutes, to read:
9 320.275 Automobile Dealers Industry Advisory Board.--
10 (4) A technical advisory committee is created to
11 advise the Automobile Dealers Industry Advisory Board. The
12 committee, from its own initiative, may make recommendations
13 to the board on proposed legislation and proposed rules and
14 procedures, may consider any matters relating to the motor
15 vehicle dealer industry, and may make recommendations on
16 consumer education and information, and submit an annual
17 report to the board. The technical advisory committee shall
18 be composed of one representative from a senior citizens
19 organization; one representative from an organization
20 representing low-income Floridians; one representative from
21 the consumer affairs division of a county or city; one
22 representative from a nationally recognized consumer
23 organization; one representative from an organization
24 representing the disabled; and one representative from the
25 office of the Attorney General.
26 (5) The office of the Attorney General, the Department
27 of Agriculture and Consumer Services, and the Department of
28 Highway Safety and Motor Vehicles shall coordinate and provide
29 consumer education and information relative to this chapter.
30 Section 28. Section 321.02, Florida Statutes, is
31 amended to read:
51
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 321.02 Powers and duties of department, highway
2 patrol.--The director of the Division of Highway Patrol of the
3 Department of Highway Safety and Motor Vehicles shall also be
4 the commander of the Florida Highway Patrol. The said
5 department shall set up and promulgate rules and regulations
6 by which the personnel of the Florida Highway Patrol officers
7 shall be examined, employed, trained, located, suspended,
8 reduced in rank, discharged, recruited, paid and pensioned,
9 subject to civil service provisions hereafter set out. The
10 department may enter into contracts or agreements, with or
11 without competitive bidding or procurement, to make available,
12 on a fair, reasonable, nonexclusive, and nondiscriminatory
13 basis, property and other structures under division control
14 for the placement of new facilities by any wireless provider
15 of mobile service as defined in 47 U.S.C. s. 153(n) or s.
16 332(d), and any telecommunications company as defined in s.
17 364.02 when it is determined to be practical and feasible to
18 make such property or other structures available. The
19 department may, without adopting a rule, charge a just,
20 reasonable, and nondiscriminatory fee for placement of the
21 facilities, payable annually, based on the fair market value
22 of space used by comparable communications facilities in the
23 state. The department and a wireless provider or
24 telecommunications company may negotiate the reduction or
25 elimination of a fee in consideration of services provided to
26 the division by the wireless provider or the
27 telecommunications company. All such fees collected by the
28 department shall be deposited directly into the State Agency
29 Law Enforcement Radio System Trust Fund, and may be used to
30 construct, maintain, or support the system. The department is
31 further specifically authorized to purchase, sell, trade,
52
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 rent, lease and maintain all necessary equipment, uniforms,
2 motor vehicles, communication systems, housing facilities,
3 office space, and perform any other acts necessary for the
4 proper administration and enforcement of this chapter.
5 However, all supplies and equipment consisting of single items
6 or in lots shall be purchased under the requirements of s.
7 287.057. Purchases shall be made by accepting the bid of the
8 lowest responsive bidder, the right being reserved to reject
9 all bids. The department shall prescribe a distinctive uniform
10 and distinctive emblem to be worn by all officers of the
11 Florida Highway Patrol. It shall be unlawful for any other
12 person or persons to wear a similar uniform or emblem, or any
13 part or parts thereof. The department shall also prescribe a
14 distinctive color or colors for use on all motor vehicles and
15 motorcycles operated to be used by the Florida Highway Patrol.
16 The prescribed colors shall be referred to as "Florida Highway
17 Patrol black and tan."
18 Section 29. Subsection (7) is added to section
19 322.051, Florida Statutes, to read:
20 322.051 Identification cards.--
21 (7) Any person accepting the Florida driver license as
22 proof of identification must accept a Florida identification
23 card as proof of identification when the bearer of the
24 identification card does not also have a driver license.
25 Section 30. Subsection (7) of section 322.095, Florida
26 Statutes, is amended, and subsections (8) and (9) are added to
27 said section, to read:
28 322.095 Traffic law and substance abuse education
29 program for driver's license applicants.--
30 (7)(a) No governmental entity or court shall provide,
31 issue, or maintain any information or orders regarding traffic
53
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 law and substance abuse education program schools or course
2 providers, with the exception of directing inquiries or
3 requests to the local telephone directory heading of driving
4 instruction or the driver's license applicant reference guide.
5 However, The department is authorized to maintain the
6 information and records necessary to administer its duties and
7 responsibilities for the program. Where such information is a
8 public record as defined in chapter 119, it shall be made
9 available to the public upon request pursuant to s. 119.07(1).
10 The department may prepare a list of fully approved traffic
11 law and substance abuse education course providers with a
12 single telephone number for each such provider, as furnished
13 by the provider.
14 (b) The department shall prepare for any governmental
15 entity to distribute a driver's license applicant reference
16 guide which shall list the benefits of attending a traffic law
17 and substance abuse education school, but under no
18 circumstance may include any list of course providers or
19 schools. The department shall refer further inquiries to the
20 telephone directory heading of driving instruction.
21 (8) The department shall approve and regulate courses
22 of all traffic law and substance abuse education schools that
23 use technology as the delivery method as the courses relate to
24 this section.
25 (9) In determining whether to approve courses of
26 traffic law and substance abuse education schools that use
27 technology as the delivery method as the courses relate to
28 this section, for courses submitted on or after May 1, 2002,
29 the department shall consider only those courses submitted by
30 a person, business, or entity that has received:
31 (a) Approval for statewide delivery; and
54
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 (b) Independent scientific research evidence of course
2 effectiveness.
3 Section 31. Subsection (7) of section 322.25, Florida
4 Statutes, is amended to read:
5 322.25 When court to forward license to department and
6 report convictions; temporary reinstatement of driving
7 privileges.--
8 (7) Any licensed driver convicted of driving, or being
9 in the actual physical control of, a vehicle within this state
10 while under the influence of alcoholic beverages, any chemical
11 substance set forth in s. 877.111, or any substance controlled
12 under chapter 893, when affected to the extent that his or her
13 normal faculties are impaired, and whose license and driving
14 privilege have been revoked as provided in subsection (1) may
15 be issued a court order for reinstatement of a driving
16 privilege on a temporary basis; provided that, as a part of
17 the penalty, upon conviction, the defendant is required to
18 enroll in and complete a driver improvement course for the
19 rehabilitation of drinking drivers and the driver is otherwise
20 eligible for reinstatement of the driving privilege as
21 provided by s. 322.282. The court order for reinstatement
22 shall be on a form provided by the department and must be
23 taken by the person convicted to a Florida driver's license
24 examining office, where a temporary driving permit may be
25 issued. The period of time for which a temporary permit issued
26 in accordance with this subsection is valid shall be deemed to
27 be part of the period of revocation imposed by the court.
28 Section 32. Subsection (5) of section 322.27, Florida
29 Statutes, is amended to read:
30 322.27 Authority of department to suspend or revoke
31 license.--
55
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 (5) The department shall revoke the license of any
2 person designated a habitual offender, as set forth in s.
3 322.264, and such person shall not be eligible to be
4 relicensed for a minimum of 5 years after from the date of
5 revocation, except as provided for in s. 322.271. Any person
6 whose license is revoked may, by petition to the department,
7 show cause why his or her license should not be revoked.
8 Section 33. Subsection (4) of section 322.271, Florida
9 Statutes, is amended to read:
10 322.271 Authority to modify revocation, cancellation,
11 or suspension order.--
12 (4) Notwithstanding the provisions of s.
13 322.28(2)(d)(e), a person whose driving privilege has been
14 permanently revoked because he or she has been convicted of
15 DUI manslaughter in violation of s. 316.193 and has no prior
16 convictions for DUI-related offenses may, upon the expiration
17 of 5 years after the date of such revocation or the expiration
18 of 5 years after the termination of any term of incarceration
19 under s. 316.193 or former s. 316.1931, whichever date is
20 later, petition the department for reinstatement of his or her
21 driving privilege.
22 (a) Within 30 days after the receipt of such a
23 petition, the department shall afford the petitioner an
24 opportunity for a hearing. At the hearing, the petitioner must
25 demonstrate to the department that he or she:
26 1. Has not been arrested for a drug-related offense
27 during the 5 years preceding the filing of the petition;
28 2. Has not driven a motor vehicle without a license
29 for at least 5 years prior to the hearing;
30 3. Has been drug-free for at least 5 years prior to
31 the hearing; and
56
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 4. Has completed a DUI program licensed by the
2 department.
3 (b) At such hearing, the department shall determine
4 the petitioner's qualification, fitness, and need to drive.
5 Upon such determination, the department may, in its
6 discretion, reinstate the driver's license of the petitioner.
7 Such reinstatement must be made subject to the following
8 qualifications:
9 1. The license must be restricted for employment
10 purposes for not less than 1 year; and
11 2. Such person must be supervised by a DUI program
12 licensed by the department and report to the program for such
13 supervision and education at least four times a year or
14 additionally as required by the program for the remainder of
15 the revocation period. Such supervision shall include
16 evaluation, education, referral into treatment, and other
17 activities required by the department.
18 (c) Such person must assume the reasonable costs of
19 supervision. If such person fails to comply with the required
20 supervision, the program shall report the failure to the
21 department, and the department shall cancel such person's
22 driving privilege.
23 (d) If, after reinstatement, such person is convicted
24 of an offense for which mandatory revocation of his or her
25 license is required, the department shall revoke his or her
26 driving privilege.
27 (e) The department shall adopt rules regulating the
28 providing of services by DUI programs pursuant to this
29 section.
30 Section 34. Paragraphs (d) and (e) of subsection (2)
31 of section 322.28, Florida Statutes, are amended to read:
57
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 322.28 Period of suspension or revocation.--
2 (2) In a prosecution for a violation of s. 316.193 or
3 former s. 316.1931, the following provisions apply:
4 (d) When any driver's license or driving privilege has
5 been revoked pursuant to the provisions of this section, the
6 department shall not grant a new license, except upon
7 reexamination of the licensee after the expiration of the
8 period of revocation so prescribed. However, the court may, in
9 its sound discretion, issue an order of reinstatement on a
10 form furnished by the department which the person may take to
11 any driver's license examining office for reinstatement by the
12 department pursuant to s. 322.282.
13 (d)(e) The court shall permanently revoke the driver's
14 license or driving privilege of a person who has been
15 convicted four times for violation of s. 316.193 or former s.
16 316.1931 or a combination of such sections. The court shall
17 permanently revoke the driver's license or driving privilege
18 of any person who has been convicted of DUI manslaughter in
19 violation of s. 316.193. If the court has not permanently
20 revoked such driver's license or driving privilege within 30
21 days after imposing sentence, the department shall permanently
22 revoke the driver's license or driving privilege pursuant to
23 this paragraph. No driver's license or driving privilege may
24 be issued or granted to any such person. This paragraph
25 applies only if at least one of the convictions for violation
26 of s. 316.193 or former s. 316.1931 was for a violation that
27 occurred after July 1, 1982. For the purposes of this
28 paragraph, a conviction for violation of former s. 316.028,
29 former s. 316.1931, or former s. 860.01 is also considered a
30 conviction for violation of s. 316.193. Also, a conviction of
31 driving under the influence, driving while intoxicated,
58
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 driving with an unlawful blood-alcohol level, or any other
2 similar alcohol-related or drug-related traffic offense
3 outside this state is considered a conviction for the purposes
4 of this paragraph.
5 Section 35. Sections 322.282 and 322.331, Florida
6 Statutes, are repealed.
7 Section 36. Subsection (3) is added to section
8 324.091, Florida Statutes, to read:
9 324.091 Notice to department; notice to insurer.--
10 (3) Electronic access to the vehicle insurer
11 information maintained in the department's vehicle database
12 may be provided by an approved third-party provider to
13 insurers, lawyers, and financial institutions in compliance
14 with s. 627.736(9)(a) and for subrogation and claims purposes
15 only. The compilation and retention of this information is
16 strictly prohibited.
17 Section 37. Paragraph (b) of subsection (3) of section
18 328.01, Florida Statutes, is amended to read:
19 328.01 Application for certificate of title.--
20 (3)
21 (b) If the application for transfer of title is based
22 upon a contractual default, the recorded lienholder shall
23 establish proof of right to ownership by submitting with the
24 application the original certificate of title and a copy of
25 the applicable contract upon which the claim of ownership is
26 made. If the claim is based upon a court order or judgment, a
27 copy of such document shall accompany the application for
28 transfer of title. If, on the basis of departmental records,
29 there appears to be any other lien on the vessel, the
30 certificate of title must contain a statement of such a lien,
31 unless the application for a certificate of title is either
59
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 accompanied by proper evidence of the satisfaction or
2 extinction of the lien or contains a statement certifying that
3 any lienholder named on the last-issued certificate of title
4 has been sent notice by certified mail, at least 5 days before
5 the application was filed, of the applicant's intention to
6 seek a repossessed title. If such notice is given and no
7 written protest to the department is presented by a subsequent
8 lienholder within 15 days after the date on which the notice
9 was mailed, the certificate of title shall be issued showing
10 no liens. If the former owner or any subsequent lienholder
11 files a written protest under oath within the 15-day period,
12 the department shall not issue the repossessed certificate for
13 10 days thereafter. If, within the 10-day period, no
14 injunction or other order of a court of competent jurisdiction
15 has been served on the department commanding it not to deliver
16 the certificate, the department shall deliver the repossessed
17 certificate to the applicant, or as is otherwise directed in
18 the application, showing no other liens than those shown in
19 the application.
20 Section 38. Subsection (2) of section 328.42, Florida
21 Statutes, is amended to read:
22 328.42 Suspension or denial of a vessel registration
23 due to support delinquency; dishonored checks.--
24 (2) The department may deny or cancel any vessel
25 registration, license plate, or fuel-use tax decal if the
26 owner pays for the registration, license plate, fuel-use tax
27 decal, or any tax liability, penalty, or interest specified in
28 chapter 207 by a dishonored check.
29 Section 39. Section 328.56, Florida Statutes, is
30 amended to read:
31
60
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 328.56 Vessel registration number.--Each vessel that
2 is used on the waters of the state must display a commercial
3 or recreational Florida registration number, unless it is:
4 (1) A vessel used exclusively on private lakes and
5 ponds.
6 (2) A vessel owned by the United States Government.
7 (3) A vessel used exclusively as a ship's lifeboat.
8 (4) A non-motor-powered vessel.
9 (5) A federally documented vessel.
10 (6) A vessel already covered by a registration number
11 in full force and effect which has been awarded to it pursuant
12 to a federally approved numbering system of another state or
13 by the United States Coast Guard in a state without a
14 federally approved numbering system, if the vessel has not
15 been within this state for a period in excess of 90
16 consecutive days.
17 (7) A vessel operating under a valid temporary
18 certificate of number.
19 (8) A vessel from a country other than the United
20 States temporarily using the waters of this state.
21 (9) An undocumented vessel used exclusively for
22 racing.
23 Section 40. Subsection (4) of section 328.72, Florida
24 Statutes, is amended to read:
25 328.72 Classification; registration; fees and charges;
26 surcharge; disposition of fees; fines; marine turtle
27 stickers.--
28 (4) TRANSFER OF OWNERSHIP.--
29 (a) When the ownership of a registered vessel changes,
30 an application for transfer of registration shall be filed
31 with the county tax collector by the new owner within 30 days
61
CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1213, First Engrossed
1 with a fee of $3.25. The county tax collector shall retain
2 $2.25 of the fee and shall remit $1 to the department. A
3 refund may not be made for any unused portion of a
4 registration period.
5 (b) If a vessel is an antique as defined in subsection
6 (2), the application shall be accompanied by either a
7 certificate of title, a bill of sale and a registration, or a
8 bill of sale and an affidavit by the owner defending the title
9 from all claims. The bill of sale must contain a complete
10 vessel description to include the hull identification number
11 and engine number, if appropriate; the year, make, and color
12 of the vessel; the selling price; and the signatures of the
13 seller and purchaser.
14 Section 41. Subsection (3) is added to section 832.09,
15 Florida Statutes, to read:
16 832.09 Suspension of driver license after warrant or
17 capias is issued in worthless check case.--
18 (3) The Department of Highway Safety and Motor
19 Vehicles shall create a standardized form to be distributed to
20 the clerks of the court in each county for the purpose of
21 notifying the department that a person has satisfied the
22 requirements of the court. Notices of compliance with the
23 court's requirements shall be on the standardized form
24 provided by the department.
25 Section 42. This act shall take effect October 1,
26 2002.
27
28
29
30
31
62
CODING: Words stricken are deletions; words underlined are additions.