Senate Bill sb1734c1

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    Florida Senate - 2002                           CS for SB 1734

    By the Committee on Transportation; and Senator Garcia





    306-1976A-02

  1                      A bill to be entitled

  2         An act relating to off-highway vehicles;

  3         creating ch. 261, F.S.; creating the T. Mark

  4         Schmidt Off-Highway Vehicle Safety and

  5         Recreation Act; providing legislative findings

  6         and intent; providing definitions; creating the

  7         Off-Highway Vehicle Recreation Advisory

  8         Committee; providing membership, duties, and

  9         responsibilities; providing functions, duties,

10         and responsibilities of the Department of

11         Agriculture and Consumer Services; providing

12         for rulemaking authority; providing for the

13         publication and distribution of a guidebook;

14         providing for the repair, maintenance, and

15         rehabilitation of areas, trails, and lands;

16         providing for contracts and agreements;

17         providing criteria for recreation areas and

18         trails; providing a penalty; providing for the

19         use of designated off-highway vehicle funds

20         within the Incidental Trust Fund of the

21         Division of Forestry of the department;

22         amending s. 316.2074, F.S.; revising the

23         definition of the term "all-terrain vehicle";

24         prohibiting the use of all-terrain vehicles on

25         public roadways in the state; providing

26         exceptions; creating the Florida Off-Highway

27         Vehicle Titling and Registration Act; providing

28         legislative intent; providing definitions;

29         providing for administration by the Department

30         of Highway Safety and Motor Vehicles; providing

31         for rules, forms, and notices; requiring

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    Florida Senate - 2002                           CS for SB 1734
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  1         certificates of title; providing for

  2         application for and issuance of certificates of

  3         title; providing for duplicate certificates of

  4         title; requiring the furnishing of a

  5         manufacturer's statement of origin; requiring

  6         registration; providing for application for and

  7         issuance of certificate of registration,

  8         registration number, and decal; providing for

  9         the registration period and for reregistration

10         by mail; providing for change of interest and

11         address; providing for duplicate registration

12         certificate and decal; providing for fees;

13         providing for disposition of fees; providing

14         authority to refuse to issue and to cancel a

15         certificate of title or registration; providing

16         crimes relating to certificates of title and

17         registration decals; providing penalties;

18         providing noncriminal infractions; providing

19         penalties; amending s. 375.313, F.S.,

20         eliminating the requirement that the Fish and

21         Wildlife Conservation Commission collect

22         specified registration fees for deposit in the

23         State Game Trust Fund; repealing s. 375.315,

24         F.S., relating to the registration of off-road

25         vehicles; providing an appropriation; providing

26         an effective date.

27

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

29

30         Section 1.  Chapter 261, Florida Statutes, consisting

31  of sections 261.01, 261.02, 261.03, 261.04, 261.05, 261.06,

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    Florida Senate - 2002                           CS for SB 1734
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  1  261.07, 261.08, 261.09, 261.10, 261.11, and 261.12, Florida

  2  Statutes, is created to read:

  3         261.01  Short title.--This chapter may be cited as the

  4  "T. Mark Schmidt Off-Highway Vehicle Safety and Recreation

  5  Act."

  6         261.02  Legislative findings and intent.--

  7         (1)  The Legislature finds that off-highway vehicles

  8  are becoming increasingly popular in this state and that the

  9  use of these vehicles should be controlled and managed to

10  minimize negative effects on the environment, wildlife

11  habitats, native wildlife, and native flora and fauna.

12         (2)  The Legislature declares that effectively managed

13  areas and adequate facilities for the use of off-highway

14  vehicles are compatible with this state's overall recreation

15  plan and the underlying goal of multiple use.

16         (3)  It is the intent of the Legislature that:

17         (a)  Existing off-highway vehicle recreational areas,

18  facilities, and opportunities be improved and appropriately

19  expanded and be managed in a manner consistent with this

20  chapter, in particular to maintain natural resources and

21  sustained long-term use of off-highway vehicle trails and

22  areas.

23         (b)  New off-highway vehicle recreational areas,

24  facilities, and opportunities be provided and managed pursuant

25  to this chapter in a manner that will sustain both long-term

26  use and the environment.

27         (4)  Nothing contained within this chapter shall be

28  construed to require the construction or maintenance of

29  off-highway vehicle recreation areas, facilities, or trails on

30  public lands where such construction or maintenance would be

31

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  1  inconsistent with the property's management objectives or land

  2  management plan.

  3         261.03  Definitions.--As used in this chapter, the

  4  term:

  5         (1)  "Advisory committee" means the Off-Highway Vehicle

  6  Recreation Advisory Committee created by s. 261.04.

  7         (2)  "ATV" means any motorized off-highway or

  8  all-terrain vehicle 50 inches or less in width, having a dry

  9  weight of 900 pounds or less, designed to travel on three or

10  more low-pressure tires, having a seat designed to be

11  straddled by the operator and handlebars for steering control,

12  and intended for use by a single operator with no passenger.

13         (3)  "Department" means the Department of Agriculture

14  and Consumer Services.

15         (4)  "Division" means the Division of Forestry of the

16  Department of Agriculture and Consumer Services.

17         (5)  "OHM" or "off-highway motorcycle" means any motor

18  vehicle used off the roads or highways of this state that has

19  a seat or saddle for the use of the rider and is designed to

20  travel with not more than two wheels in contact with the

21  ground, but excludes a tractor or a moped.

22         (6)  "Off-highway vehicle" means any ATV or OHM that is

23  used off the roads or highways of this state for recreational

24  purposes and that is not registered and licensed for highway

25  use under chapter 320.

26         (7)  "Program" means the Off-Highway Vehicle Recreation

27  Program.

28         (8)  "Public lands" means lands within the state that

29  are available for public use and that are owned, operated, or

30  managed by a federal, state, county, or municipal governmental

31  entity.

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    Florida Senate - 2002                           CS for SB 1734
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  1         (9)  "System" means the off-highway vehicle recreation

  2  areas and trails on public lands within the state.

  3         (10)  "Trust fund" means the Incidental Trust Fund of

  4  the Division of Forestry of the Department of Agriculture and

  5  Consumer Services.

  6         261.04  Off-Highway Vehicle Recreation Advisory

  7  Committee; members; appointment.--

  8         (1)  The Off-Highway Vehicle Recreation Advisory

  9  Committee is created within the Division of Forestry and

10  consists of nine members, all of whom are appointed by the

11  Commissioner of Agriculture. The appointees shall include one

12  representative of the Department of Agriculture and Consumer

13  Services, one representative of the Department of Highway

14  Safety and Motor Vehicles, one representative of the

15  Department of Environmental Protection's Office of Greenways

16  and Trails, one representative of the Fish and Wildlife

17  Conservation Commission, one citizen with scientific expertise

18  in disciplines relating to ecology, wildlife biology, or other

19  environmental sciences, one representative of a licensed

20  off-highway vehicle dealer, and three representatives of

21  off-highway vehicle recreation groups. In making these

22  appointments, the commissioner shall consider the places of

23  residence of the members to ensure statewide representation.

24         (2)  The term of office of each member of the advisory

25  committee is 2 years. The members first appointed shall

26  classify themselves by lot so that the terms of four members

27  expire June 30, 2004, and the terms of five members expire

28  June 30, 2005.

29         (3)  In case of a vacancy on the advisory committee,

30  the commissioner shall appoint a successor member for the

31  unexpired portion of the term.

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    Florida Senate - 2002                           CS for SB 1734
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  1         (4)  The members shall elect a chair among themselves

  2  who shall serve for 1 year or until a successor is elected.

  3         (5)  The members of the advisory committee shall serve

  4  without compensation, but shall be reimbursed for travel and

  5  per diem expenses as provided in s. 112.061, while in the

  6  performance of their official duties.

  7         261.05  Duties and responsibilities of the Off-Highway

  8  Vehicle Recreation Advisory Committee.--

  9         (1)  The advisory committee shall establish policies to

10  guide the department regarding the Off-Highway Vehicle

11  Recreation Program and the system of off-highway vehicle

12  recreation areas and trails.

13         (2)  The advisory committee shall make recommendations

14  to the department regarding off-highway vehicle safety and

15  training and education programs in the operation of such

16  vehicles.

17         (3)  The advisory committee must be informed regarding

18  all governmental activities affecting the program.

19         (4)  The advisory committee must be informed regarding

20  off-highway vehicle impacts and effects on the environment,

21  wildlife habitats, and native flora and fauna and shall make

22  recommendations to avoid or minimize adverse environmental

23  impacts and promote sustained long-term use.

24         (5)  The advisory committee must be fully informed

25  regarding the inventory of off-highway vehicle access and

26  opportunities.

27         (6)  The advisory committee shall meet at various times

28  and locations throughout the state to receive public comments

29  on the implementation of the program and shall take these

30  public comments into consideration when making its

31  recommendations.

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    Florida Senate - 2002                           CS for SB 1734
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  1         (7)  The advisory committee shall review and make

  2  recommendations annually regarding the department's proposed

  3  budget of expenditures from the designated off-highway vehicle

  4  funds in the trust fund, which may include providing funds to

  5  match grant funds available from other sources.

  6         (8)  The advisory committee shall make recommendations

  7  regarding all capital outlay expenditures from the trust fund

  8  proposed for inclusion in the budget.

  9         (9)  The advisory committee shall review grant

10  applications submitted by any governmental agency or entity or

11  nongovernmental entity requesting moneys from the trust fund

12  to create, operate, manage, or improve off-highway vehicle

13  recreation areas or trails within the state, protect and

14  restore affected natural areas in the system, or provide

15  off-highway vehicle driver education. The advisory committee

16  shall recommend to the department approval or denial of such

17  grant applications based upon criteria established by the

18  advisory committee.

19         261.06  Functions, duties, and responsibilities of the

20  department.--The following are functions, duties, and

21  responsibilities of the department through the division:

22         (1)  Coordination of the planning, development,

23  conservation, and rehabilitation of state lands in and for the

24  system.

25         (2)  Coordination of the management, maintenance,

26  administration, and operation of state lands in the system and

27  the provision of law enforcement and appropriate public safety

28  activities.

29         (3)  Management of the trust fund and approval of the

30  advisory committee's budget recommendations.

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  1         (4)  Implementation of the program, including the

  2  ultimate approval of grant applications submitted by

  3  governmental agencies or entities or nongovernmental entities.

  4         (5)  Coordination to help ensure compliance with

  5  environmental laws and regulations of the program and lands in

  6  the system.

  7         (6)  Implementation of the policies established by the

  8  advisory committee.

  9         (7)  Provision of staff assistance to the advisory

10  committee.

11         (8)  Preparation of plans for lands in, or proposed to

12  be included in, the system.

13         (9)  Conducting surveys and the preparation of studies

14  as are necessary or desirable for implementing the program.

15         (10)  Recruitment and utilization of volunteers to

16  further the program.

17         (11)  Rulemaking authority to implement the provisions

18  of ss. 261.01-261.10.

19         261.07  Publication and distribution of guidebook;

20  contents.--In consultation with the advisory committee, the

21  department shall publish a guidebook that includes the text of

22  this chapter, other laws and regulations relating to the

23  program, and maps of areas and trails of the system. The

24  guidebook may include other public areas, trails, and

25  facilities for the use of off-highway vehicles. The guidebook

26  must include information regarding the responsibilities of

27  users of the system and must set forth pertinent laws, rules,

28  and regulations including particular provisions and other

29  information intended to prevent trespass and damage to public

30  or private property. The guidebook must be prepared at minimal

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  1  cost to facilitate the broadest possible distribution and must

  2  be available for distribution no later than October 1, 2003.

  3         261.08  Repair, maintenance, and rehabilitation of

  4  areas, trails, and lands.--

  5         (1)  The protection of public safety, the appropriate

  6  use of lands in the system, and the conservation of the

  7  environment, wildlife habitats, native wildlife, and native

  8  flora and fauna in the system are of the highest priority in

  9  the management of the system. Accordingly, the public land

10  managing agency shall avoid or minimize adverse impacts to the

11  environment, promptly repair and continuously maintain areas

12  and trails, anticipate and prevent accelerated erosion, and

13  rehabilitate lands to the extent damaged by off-highway

14  vehicle use in accordance with the management plans of the

15  public land managing agency.

16         (2)  The public land managing agency shall monitor the

17  condition of soils and wildlife habitat in each area of the

18  system to determine whether there is compliance with

19  applicable environmental laws and regulations and shall take

20  appropriate action as necessary.

21         261.09  Contracts and agreements.--The public land

22  managing agency may contract with private persons or entities

23  and enter into cooperative agreements with other public

24  agencies for the care and maintenance of lands in the system,

25  including contracts for law enforcement services with public

26  agencies having law enforcement powers.

27         261.10  Criteria for recreation areas and

28  trails.--Publicly owned or operated off-highway vehicle

29  recreation areas and trails shall be designated and maintained

30  for recreational travel by off-highway vehicles. These areas

31  and trails need not be generally suitable or maintained for

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    Florida Senate - 2002                           CS for SB 1734
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  1  normal travel by conventional two-wheel-drive vehicles and

  2  should not be designated as recreational footpaths. State

  3  off-highway vehicle recreation areas and trails must be

  4  selected and managed in accordance with this chapter.

  5         261.11  Penalties.--No off-highway vehicle may be

  6  operated upon the public roads, streets, or highways of this

  7  state, except as otherwise permitted by the managing state or

  8  federal agency. A violation of this section is a noncriminal

  9  traffic infraction, punishable as provided in chapter 318.

10         261.12  Designated off-highway vehicle funds within the

11  Incidental Trust Fund of the Division of Forestry of the

12  Department of Agriculture and Consumer Services.--

13         (1)  The designated off-highway vehicle funds of the

14  trust fund shall consist of deposits from the following

15  sources:

16         (a)  Fees paid to the Department of Highway Safety and

17  Motor Vehicles for the titling and registration of off-highway

18  vehicles.

19         (b)  Revenues and income from any other sources

20  required by law or as appropriated by the Legislature to be

21  deposited into the trust fund as designated off-highway

22  vehicle funds.

23         (c)  Donations from private sources that are designated

24  as off-highway vehicle funds.

25         (d)  Interest earned on designated off-highway vehicle

26  funds on deposit in the trust fund.

27         (2)  Designated off-highway vehicle funds in the trust

28  fund shall be available for recommended allocation by the

29  Off-Highway Vehicle Recreation Advisory Committee and the

30  Department of Agriculture and Consumer Services and upon

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  1  annual appropriation by the Legislature, exclusively for the

  2  following:

  3         (a)  Implementation of the Off-Highway Vehicle

  4  Recreation Program by the Department of Agriculture and

  5  Consumer Services, which includes personnel and other related

  6  expenses; administrative and operating expenses; expenses

  7  related to safety, training, rider education programs,

  8  management, maintenance, and rehabilitation of lands in the

  9  Off-Highway Vehicle Recreation Program's system of lands and

10  trails; and, if funds are available, acquisition of lands to

11  be included in the system and the management, maintenance, and

12  rehabilitation of such lands.

13         (b)  Approved grants to governmental agencies or

14  entities or nongovernmental entities that wish to provide or

15  improve off-highway vehicle recreation areas or trails for

16  public use on public lands, provide environmental protection

17  and restoration to affected natural areas in the system, or

18  provide education in the operation of off-highway vehicles.

19         (c)  Matching funds to be used to match grant funds

20  available from other sources.

21         (3)  Notwithstanding s. 216.301 and pursuant to s.

22  216.351, any balance of designated off-highway vehicle funds

23  in the trust fund at the end of any fiscal year shall remain

24  therein and shall be available for the purposes set out in

25  this section and as otherwise provided by law.

26         Section 2.  Section 316.2074, Florida Statutes, is

27  amended to read:

28         316.2074  All-terrain vehicles.--

29         (1)  It is the intent of the Legislature, through the

30  adoption of this section to provide safety protection for

31  minors while operating an all-terrain vehicle in this state.

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  1         (2)  As used in this section, the term "all-terrain

  2  vehicle" means any motorized off-highway vehicle 50 inches

  3  (1270 mm) or less in width, having a dry weight of 900 600

  4  pounds (273 kg) or less, designed to travel traveling on three

  5  or more low-pressure tires, designed for operator use only

  6  with no passengers, having a seat or saddle designed to be

  7  straddled by the operator, and having handlebars for steering

  8  control, and intended for use by a single operator with no

  9  passenger.

10         (3)  No person under 16 years of age shall operate,

11  ride, or be otherwise propelled on an all-terrain vehicle

12  unless the person wears a safety helmet meeting United States

13  Department of Transportation standards and eye protection.

14         (4)  If a crash results in the death of any person or

15  in the injury of any person which results in treatment of the

16  person by a physician, the operator of each all-terrain

17  vehicle involved in the crash shall give notice of the crash

18  pursuant to s. 316.066.

19         (5)  Except as provided in this section, an all-terrain

20  vehicle may not be operated upon the public roads, streets, or

21  highways of this state, except as otherwise permitted by the

22  managing state or federal agency.

23         (6)(5)  An all-terrain vehicle having four wheels may

24  be used by police officers on public beaches designated as

25  public roadways for the purpose of enforcing the traffic laws

26  of the state. All-terrain vehicles may also be used by the

27  police to travel on public roadways within 5 miles of beach

28  access only when getting to and from the beach.

29         (7)  An all-terrain vehicle having four wheels may be

30  used by law enforcement officers on public roads within public

31  lands while in the course and scope of their duties.

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  1         (8)(6)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 3.  Short title.--Sections 3 through 20 of this

  5  act may be cited as the "Florida Off-Highway Vehicle Titling

  6  and Registration Act."

  7         Section 4.  Legislative intent.--It is the intent of

  8  the Legislature that all off-highway vehicles purchased after

  9  the effective date of this act and all off-highway vehicles

10  operated on public lands be titled and issued a certificate of

11  title to allow for easy determination of ownership. It is also

12  the Legislature's intent that all off-highway vehicles that

13  are operated on public lands be registered and issued a

14  registration decal containing a registration identification

15  number to provide funding for the creation, management, and

16  maintenance of off-highway vehicle recreation areas and

17  trails, and their associated natural resources, within the

18  state. Finally, it is the Legislature's intent that all

19  off-highway vehicles owned by non-Florida residents shall be

20  exempt from the titling and registration requirements of this

21  act, and that all off-highway vehicles owned by governmental

22  entities shall be exempt from the titling and registration

23  fees imposed by this act with the exception of the applicable

24  fees as set forth in this act which are necessary to cover the

25  administrative costs of the department and the service fees of

26  the county tax collectors. However, all applicable laws,

27  rules, and regulations governing off-highway vehicle use and

28  operation established by the applicable public land managing

29  agencies shall apply to all off-highway vehicle users,

30  including users that are non-Florida residents and

31  governmental entities.

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  1         Section 5.  Definitions.--As used in sections 3 through

  2  20, the term:

  3         (1)  "ATV" means any motorized off-highway or

  4  all-terrain vehicle 50 inches or less in width, having a dry

  5  weight of 900 pounds or less, designed to travel on three or

  6  more low-pressure tires, having a seat designed to be

  7  straddled by the operator and handlebars for steering control,

  8  and intended for use by a single operator and with no

  9  passenger.

10         (2)  "Dealer" means any person authorized by the

11  Department of Revenue to buy, sell, resell, or otherwise

12  distribute off-highway vehicles. Such person must have a valid

13  sales tax certificate of registration issued by the Department

14  of Revenue and a valid commercial or occupational license

15  required by any county, municipality, or political subdivision

16  of the state in which the person operates.

17         (3)  "Department" means the Department of Highway

18  Safety and Motor Vehicles.

19         (4)  "Florida resident" means a person who has had a

20  principal place of domicile in this state for a period of more

21  than 6 consecutive months, who has registered to vote in this

22  state, who has made a statement of domicile pursuant to

23  section 222.17, Florida Statutes, or who has filed for

24  homestead tax exemption on property in this state.

25         (5)  "OHM" or "off-highway motorcycle" means any motor

26  vehicle used off the roads or highways of this state that has

27  a seat or saddle for the use of the rider and is designed to

28  travel with not more than two wheels in contact with the

29  ground, but excludes a tractor or a moped.

30         (6)  "Off-highway vehicle" means any ATV or OHM that is

31  used off the roads or highways of this state for recreational

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  1  purposes and that is not registered and licensed for highway

  2  use pursuant to chapter 320, Florida Statutes.

  3         (7)  "Owner" means a person, other than a lienholder,

  4  having the property in or title to an off-highway vehicle,

  5  including a person entitled to the use or possession of an

  6  off-highway vehicle subject to an interest held by another

  7  person, reserved or created by agreement and securing payment

  8  of performance of an obligation, but the term excludes a

  9  lessee under a lease not intended as security.

10         (8)  "Public lands" means lands within the state that

11  are available for public use and that are owned, operated, or

12  managed by a federal, state, county, or municipal governmental

13  entity.

14         Section 6.  Administration of off-highway vehicle

15  titling and registration laws; records.--

16         (1)  The administration of off-highway vehicle titling

17  and registration laws in sections 3 through 20 is under the

18  Department of Highway Safety and Motor Vehicles, which shall

19  provide for the issuing, handling, and recording of all

20  off-highway vehicle titling and registration applications and

21  certificates, including the receipt and accounting of

22  off-highway vehicle titling and registration fees.

23         (2)  The department shall keep records and perform

24  other clerical duties pertaining to off-highway vehicle

25  titling and registration as required.

26         Section 7.  Rules, forms, and notices.--

27         (1)  The department may adopt rules pursuant to

28  sections 120.536(1) and 120.54, Florida Statutes, which

29  pertain to off-highway vehicle titling and registration, in

30  order to implement the provisions of sections 3 through 20

31  conferring duties upon it.

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  1         (2)  The department shall prescribe and provide

  2  suitable forms for applications and other notices and forms

  3  necessary to administer the provisions of sections 3 through

  4  20.

  5         Section 8.  Certificate of title required.--

  6         (1)  Any off-highway vehicle that is purchased by a

  7  resident of this state after the effective date of this act or

  8  that is owned by a resident and is operated on the public

  9  lands of this state must be titled pursuant to sections 3

10  through 20.

11         (2)  A person may not sell, assign, or transfer an

12  off-highway vehicle titled by the state without delivering to

13  the purchaser or transferee a valid certificate of title with

14  an assignment on it showing the transfer of title to the

15  purchaser or transferee. A person may not purchase or

16  otherwise acquire an off-highway vehicle required to be titled

17  without obtaining a certificate of title for the vehicle in

18  his or her name. The purchaser or transferee shall, within 30

19  days after a change in off-highway vehicle ownership, file an

20  application for a title transfer with the county tax

21  collector. An additional $10 fee shall be charged against a

22  purchaser or transferee who files a title transfer application

23  after the 30-day period. The county tax collector may retain

24  $5 of the additional amount.

25         (3)  A certificate of title is prima facie evidence of

26  the ownership of the off-highway vehicle and is good for the

27  life of the off-highway vehicle so long as the certificate is

28  owned or held by the legal holder. If a titled off-highway

29  vehicle is destroyed or abandoned, the owner, with the consent

30  of any recorded lienholders, shall, within 30 days after the

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  1  destruction or abandonment, surrender to the department all

  2  title documents for cancellation.

  3         (4)  The department shall provide labeled places on the

  4  title where the seller's price shall be indicated when an

  5  off-highway vehicle is sold and where a selling dealer shall

  6  record his or her valid sales tax certificate of registration

  7  number.

  8         (5)(a)  There shall be a service charge of $4.25 for

  9  each application that is handled in connection with the

10  issuance, duplication, or transfer of any certificate of

11  title.  There shall be a service charge of $1.25 for each

12  application that is handled in connection with the recording

13  or notation of a lien on an off-highway vehicle that is not in

14  connection with the purchase of such vehicle.

15         (b)  The service charges specified in paragraph (a)

16  shall be collected by the department on any application

17  handled directly from its office.  Otherwise, these service

18  charges shall be collected and retained by the tax collector

19  who handles the application.

20         (c)  In addition to the fees provided in paragraph (a),

21  any tax collector may impose an additional service charge of

22  not more than 50 cents on any transaction specified in

23  paragraph (a) or on any transaction specified in subsection

24  (2) of section 16 when such transaction occurs at any tax

25  collector's branch office.

26         Section 9.  Application for and issuance of certificate

27  of title.--

28         (1)  The owner of an off-highway vehicle that is

29  required to be titled must apply to the county tax collector

30  for a certificate of title. The application must include the

31  true name of the owner, the residence or business address of

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  1  the owner, and a complete description of the off-highway

  2  vehicle. The application must be signed by the owner and must

  3  be accompanied by a fee of $29.

  4         (2)  The owner must establish by submitting with the

  5  application an executed bill of sale, a manufacturer's

  6  statement of origin, an affidavit of ownership for off-highway

  7  vehicles purchased before the effective date of this act, or

  8  any other document acceptable to the department.

  9         (3)  To apply for a certificate of title upon transfer

10  of ownership of an off-highway vehicle, the new owner must

11  surrender to the department the last title document issued for

12  that vehicle. The document must be properly executed. Proper

13  execution includes the previous owner's signature and

14  certification that the off-highway vehicle to be transferred

15  is debt-free or is subject to a lien. If a lien exists, the

16  previous owner must furnish the new owner, on forms supplied

17  by the department, the names and addresses of all lienholders

18  and the dates of all liens, with a statement from each

19  lienholder that the lienholder has knowledge of and consents

20  to the transfer of title to the new owner.

21         (4)  An application for an initial certificate of title

22  or a title transfer must include payment of the applicable

23  state sales tax or proof of payment of such tax, except for

24  off-highway vehicles purchased or transferred before the

25  effective date of this act.

26         (5)  If the owner submits a complete application and

27  complies with all other requirements of this section, the

28  department shall issue a certificate of title that states that

29  the title is for an off-highway vehicle that is not suitable

30  for highway use. After October 1, 2003, the department shall

31  also issue a copy of the guidebook prepared by the Department

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  1  of Agriculture and Consumer Services pursuant to section

  2  261.07, Florida Statutes.

  3         Section 10.  Duplicate certificate of title.--

  4         (1)  The department may issue a duplicate certificate

  5  of title upon application by the person entitled to hold such

  6  a certificate if the department is satisfied that the original

  7  certificate has been lost, destroyed, or mutilated. A fee of

  8  $15 shall be charged for issuing a duplicate certificate.

  9         (2)  In addition to the fee imposed by subsection (1),

10  a fee of $7 shall be charged for expedited service in issuing

11  a duplicate certificate of title. Application for such

12  expedited service may be made by mail or in person. The

13  department shall issue each certificate of title applied for

14  under this subsection within 5 working days after receipt of a

15  proper application or shall refund the additional $7 fee upon

16  written request by the applicant.

17         (3)  If, following the issuance of an original,

18  duplicate, or corrected certificate of title by the

19  department, the certificate is lost in transit and is not

20  delivered to the addressee, the owner of the off-highway

21  vehicle or the holder of a lien thereon may, within 180 days

22  after the date of issuance of the certificate, apply to the

23  department for reissuance of the certificate. An additional

24  fee may not be charged for reissuance under this subsection.

25         (4)  The department shall implement a system to verify

26  that the application is signed by a person authorized to

27  receive a duplicate certificate of title under this section if

28  the address shown on the application is different from the

29  address shown for the applicant on the records of the

30  department.

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  1         Section 11.  Manufacturer's statement of origin to be

  2  furnished.--

  3         (1)  Any person selling a new off-highway vehicle in

  4  this state must furnish a manufacturer's statement of origin

  5  to the purchaser. The statement, which must be in English or

  6  accompanied by an English translation if the vehicle was

  7  purchased outside the United States, must be signed and dated

  8  by an authorized representative of the manufacturer, indicate

  9  the complete name and address of the purchaser, include a

10  complete description of the vehicle, and contain as many

11  assignments as necessary to show title in the name of the

12  purchaser.

13         (2)  It is unlawful for an off-highway vehicle

14  manufacturer, manufacturer's representative, or dealer to

15  issue a manufacturer's certificate of origin describing an

16  off-highway vehicle with the knowledge that the description is

17  false or that the off-highway vehicle described does not

18  exist. It is unlawful for any person to obtain or attempt to

19  obtain a certificate of origin with the knowledge that the

20  description is false or that the off-highway vehicle does not

21  exist. Any person who violates this subsection is guilty of a

22  felony of the third degree, punishable as provided in section

23  775.082, section 775.083, or section 775.084, Florida

24  Statutes.

25         Section 12.  Registration required.--

26         (1)  Off-highway vehicles operated on public lands of

27  this state, with the exception of off-highway vehicles owned

28  by non-Florida residents, off-highway vehicles in use for

29  specific agricultural purposes, or off-highway vehicles rented

30  for use on public beaches by concessionaires who are

31

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  1  franchised by the public entities controlling those beaches,

  2  must be registered within 30 days after purchase.

  3         (2)  Nothing in this act prohibits the owner, operator,

  4  or manager of public lands containing improved and maintained

  5  off-highway vehicle recreation areas or trails from charging

  6  an entrance or admission fee for the use of such lands to help

  7  offset the cost of operation and maintenance of such

  8  off-highway vehicle facilities.

  9         Section 13.  Application for and issuance of

10  certificate of registration, registration number, and decal.--

11         (1)  The owner of each off-highway vehicle that

12  requires registration in this state must file a registration

13  application with the county tax collector.

14         (a)  The application must provide the owner's name and

15  address, residency status, a Florida identification card

16  number such as a driver's license number, and a complete

17  description of the vehicle to be registered, and must be

18  accompanied by a fee of $25.

19         (b)  Proof of ownership must be established by

20  presenting a certificate of title for the off-highway vehicle.

21         (2)  The department shall issue a certificate of

22  registration and a registration number upon submittal of a

23  complete application and compliance with the other

24  requirements of this section. The certificate of registration

25  shall not constitute a license.

26         (3)  The department shall furnish with each

27  registration certificate issued a decal signifying the years

28  during which the certificate is valid and containing the

29  assigned registration number, and such decal must be affixed

30  to the rear of the off-highway vehicle.

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  1         Section 14.  Registration period and reregistration by

  2  mail.--

  3         (1)  An off-highway vehicle certificate of registration

  4  is valid through the owner's next birthday. If the owner's

  5  birthday falls within the first 3 months after issuance of the

  6  certificate of registration, the certificate is valid through

  7  the owner's following birthday. However, a certificate of

  8  registration may not be valid for more than 15 months.

  9         (2)  The department shall provide for annual

10  reregistration of off-highway vehicles either in person at the

11  county tax collector's office or by mail.

12         Section 15.  Change of interest and address.--

13         (1)  The owner must furnish to the department notice of

14  the transfer of any whole or partial interest in an

15  off-highway vehicle registered or titled in this state or of

16  the destruction or abandonment of such vehicle within 30 days

17  thereafter. The certificate of registration expires upon such

18  transfer, destruction, or abandonment, unless the transfer of

19  a partial interest does not affect the owner's right to

20  operate the vehicle.

21         (2)  Any holder of a certificate of registration must

22  notify the department or the county tax collector within 30

23  days after a change of address to one other than the address

24  on the certificate and must furnish the department or the

25  county tax collector with the new address. The department may

26  provide by rule for the surrender of the certificate of

27  registration bearing the former address and for its

28  replacement with a new certificate bearing the new address or

29  for the alteration of a certificate to include the new address

30  of the holder.

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  1         Section 16.  Duplicate registration certificate or

  2  decal; service fees.--

  3         (1)  A duplicate off-highway vehicle registration

  4  certificate or decal to replace a lost or misplaced

  5  certificate or decal may be obtained from the county tax

  6  collector for $10. A duplicate certificate or decal may not be

  7  issued except upon written request of the registered owner or

  8  a person authorized by the owner.

  9         (2)  Included in the registration fee for off-highway

10  vehicles is a $2.50 service fee to be retained by the county

11  tax collector for each registration certificate or decal

12  issued, replaced, or renewed. The remainder of the fees

13  collected by the county tax collector shall be remitted to the

14  department.

15         (3)  A mail service charge may be collected for each

16  registration or reregistration mailed by the department or any

17  tax collector. All registrations and reregistrations must be

18  mailed by first-class mail. The amount of mail service charge

19  must be the actual postage required rounded to the nearest 5

20  cents, plus a 25-cent handling charge. The mail service charge

21  is in addition to the registration fee in section 13.

22         Section 17.  Disposition of fees.--The department shall

23  deposit all funds received under sections 3 through 20, less

24  administrative costs of $2 per title transaction and $2 per

25  registration transaction, into the Incidental Trust Fund of

26  the Division of Forestry of the Department of Agriculture and

27  Consumer Services.

28         Section 18.  Refusal to issue and authority to cancel a

29  certificate of title or certificate of registration.--

30         (1)  If the department finds that an applicant for an

31  off-highway vehicle certificate of title or certificate of

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  1  registration has given a false statement or false or

  2  incomplete information in applying for the certificate or has

  3  otherwise failed to comply with the applicable provisions

  4  pertaining to the application for a certificate, it may refuse

  5  to issue the certificate.

  6         (2)  If the department finds that an owner or dealer

  7  named in an off-highway vehicle certificate of title or

  8  certificate of registration has given a false statement or

  9  false or incomplete information in applying for the

10  certificate or has otherwise failed to comply with the

11  applicable provisions pertaining to the application for a

12  certificate, it may cancel the certificate.

13         (3)  The department may cancel any pending application

14  or any certificate if it finds that any title or registration

15  fee or sales tax pertaining to such registration has not been

16  paid, unless the fee or tax is paid within a reasonable time

17  after the department has given notice.

18         Section 19.  Crimes relating to certificates of title

19  and registration decals; penalties.--

20         (1)  It is unlawful for any person to procure or

21  attempt to procure a certificate of title or duplicate

22  certificate of title to an off-highway vehicle, or to pass or

23  attempt to pass a certificate of title or duplicate

24  certificate of title to an off-highway vehicle or any

25  assignment thereof, if such person knows or has reason to

26  believe that the vehicle has been stolen. Any person who

27  violates this subsection commits a felony of the third degree,

28  punishable as provided in section 775.082, section 775.083, or

29  section 775.084, Florida Statutes.

30         (2)  It is unlawful for any person, knowingly and with

31  intent to defraud, to have in his or her possession, sell,

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  1  offer to sell, counterfeit, or supply a blank, forged,

  2  fictitious, counterfeit, stolen, or fraudulently or unlawfully

  3  obtained certificate of title, duplicate certificate of title,

  4  registration, bill of sale, or other indicia of ownership of

  5  an off-highway vehicle or to conspire to do any of the

  6  foregoing. Any person who violates this subsection commits a

  7  felony of the third degree, punishable as provided in section

  8  775.082, section 775.083, or section 775.084, Florida

  9  Statutes.

10         (3)  It is unlawful to:

11         (a)  Alter or forge any certificate of title to an

12  off-highway vehicle or any assignment thereof or any

13  cancellation of any lien on an off-highway vehicle.

14         (b)  Retain or use such certificate, assignment, or

15  cancellation knowing that it has been altered or forged.

16         (c)  Use a false or fictitious name, give a false or

17  fictitious address, or make any false statement in any

18  application or affidavit required by sections 3 through 20 or

19  in a bill of sale or sworn statement of ownership or otherwise

20  commit a fraud in any application.

21         (d)  Knowingly obtain goods, services, credit, or money

22  by means of an invalid, duplicate, fictitious, forged,

23  counterfeit, stolen, or unlawfully obtained certificate of

24  title, registration, bill of sale, or other indicia of

25  ownership of an off-highway vehicle.

26         (e)  Knowingly obtain goods, services, credit, or money

27  by means of a certificate of title to an off-highway vehicle

28  which certificate is required by law to be surrendered to the

29  department.

30

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  1  Any person who violates this subsection commits a felony of

  2  the third degree, punishable as provided in section 775.082,

  3  section 775.083, or section 775.084, Florida Statutes. A

  4  violation of this subsection with respect to any off-highway

  5  vehicle makes such off-highway vehicle contraband which may be

  6  seized by a law enforcement agency and forfeited under

  7  sections 932.701-932.704, Florida Statutes.

  8         (4)  It is unlawful for any person to:

  9         (a)  Make, alter, forge, counterfeit, or reproduce an

10  off-highway vehicle registration decal unless authorized by

11  the department.

12         (b)  Knowingly have in his or her possession a forged,

13  counterfeit, or imitation off-highway vehicle registration

14  decal, or reproduction of a decal, unless such possession has

15  been authorized by the department.

16         (c)  Barter, trade, sell, supply, agree to supply, aid

17  in supplying, or give away an off-highway vehicle registration

18  decal, or to conspire to barter, trade, sell, supply, agree to

19  supply, aid in supplying, or give away an off-highway vehicle

20  registration decal, unless authorized by the department.

21

22  Any person who violates this subsection commits a felony of

23  the third degree, punishable as provided in section 775.082,

24  section 775.083, or section 775.084, Florida Statutes.

25         Section 20.  Nonmoving traffic violations.--Any person

26  who fails to comply with any provision of sections 3 through

27  19 for which a penalty is not otherwise provided commits a

28  nonmoving traffic violation, punishable as provided in section

29  318.18, Florida Statutes.

30         Section 21.  Section 375.313, Florida Statutes, is

31  amended to read:

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  1         375.313  Commission powers and duties.--The commission

  2  shall:

  3         (1)  Regulate or prohibit, when necessary, the use of

  4  motor vehicles on the public lands of the state in order to

  5  prevent damage or destruction to said lands.

  6         (2)  Collect any registration fees imposed by s.

  7  375.315 and deposit said fees in the State Game Trust Fund.

  8  The revenue resulting from said registration shall be expended

  9  for the funding and administration of ss. 375.311-375.315.

10         (2)(3)  Adopt and promulgate such reasonable rules as

11  deemed necessary to administer the provisions of ss.

12  375.311-375.314 375.311-375.315, except that, before any such

13  rules are adopted, the commission shall obtain the consent and

14  agreement, in writing, of the owner, in the case of privately

15  owned lands, or the owner or primary custodian, in the case of

16  publicly owned lands.

17         Section 22.  Section 375.315, Florida Statutes, is

18  repealed.

19         Section 23.  There is appropriated to the Department of

20  Agriculture and Consumer Services from the designated

21  off-highway vehicle funds in the Incidental Trust Fund of the

22  Division of Forestry of the Department of Agriculture and

23  Consumer Services, for fiscal year 2002-2003, one position and

24  $156,660 to carry out the provisions of this act.

25         Section 24.  This act shall take effect October 1,

26  2002.

27

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29

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1734

  3

  4  This CS creates the "T. Mark Schmidt Off-Highway-Vehicle
    Safety and Recreation Act," which provides for the expanded,
  5  managed use of off-highway vehicles on public lands. The CS
    would provide a system of state-owned off-highway-vehicle
  6  recreation areas and trails within Florida, funded through
    moneys generated from the titling and registering of certain
  7  off-highway vehicles. The CS provides all off-highway vehicles
    in the state, purchased after the effective date of this CS,
  8  or which are used on public lands must be titled, and all
    off-highway vehicles in the state, which are used on public
  9  lands must be registered.

10  An Off-Highway-Vehicle Recreation Advisory Committee is
    created within the Division of Forestry of the Department of
11  Agriculture and Consumer Services (DACS) to:

12  1.  Establish policies to guide DACS regarding the
    off-highway-vehicle recreational program and the system of
13  off-highway-vehicle recreation areas and trails;

14  2.  Make recommendations to DACS regarding off-highway-vehicle
    safety, training, and rider-education programs;
15
    3.  Review and make recommendations regarding DACS's proposed
16  budget of expenditures from the trust fund;Make
    recommendations regarding all capital outlay expenditures from
17  the trust fund; and

18  4.  Review grant applications requesting moneys from the trust
    fund to create, operate, manage, or improve
19  off-highway-vehicle recreation areas or trails within the
    state.
20
    The CS creates the Florida Off-Highway-Vehicle Titling and
21  Registration Act, which establishes rules, regulations and
    procedures governing off-highway vehicle titling and
22  registration. The act also provides a fee structure to be
    administered by the Department of Highway Safety and Motor
23  Vehicles (DHSMV).

24  The CS creates the "Florida Off-Highway-Vehicle Titling and
    Registration Act", which establishes rules, regulations and
25  procedures governing off-highway vehicle titling and
    registration. The act also provides a fee structure to be
26  administered by the Department of Highway Safety and Motor
    Vehicles (DHSMV).
27

28

29

30

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