SENATE AMENDMENT
    Bill No. CS for SB 480
    Amendment No. ___   Barcode 054344
                            CHAMBER ACTION
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11  Senator Garcia moved the following amendment to amendment
12  (405274):
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14         Senate Amendment (with title amendment) 
15         On page 4, between lines 1 and 2,
16  
17  insert:  
18         Section 4.  Chapter 261, Florida Statutes, consisting
19  of sections 261.01, 261.02, 261.03, 261.04, 261.05, 261.06,
20  261.07, 261.08, 261.09, 261.10, 261.11, and 261.12, Florida
21  Statutes, is created to read:
22         261.01  Short title.--This chapter may be cited as the
23  "T. Mark Schmidt Off-Highway Vehicle Safety and Recreation
24  Act."
25         261.02  Legislative findings and intent.--
26         (1)  The Legislature finds that off-highway vehicles
27  are becoming increasingly popular in this state and that the
28  use of these vehicles should be controlled and managed to
29  minimize negative effects on the environment, wildlife
30  habitats, native wildlife, and native flora and fauna.
31         (2)  The Legislature declares that effectively managed
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SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 areas and adequate facilities for the use of off-highway 2 vehicles are compatible with this state's overall recreation 3 plan and the underlying goal of multiple use. 4 (3) It is the intent of the Legislature that: 5 (a) Existing off-highway vehicle recreational areas, 6 facilities, and opportunities be improved and appropriately 7 expanded and be managed in a manner consistent with this 8 chapter, in particular to maintain natural resources and 9 sustained long-term use of off-highway vehicle trails and 10 areas. 11 (b) New off-highway vehicle recreational areas, 12 facilities, and opportunities be provided and managed pursuant 13 to this chapter in a manner that will sustain both long-term 14 use and the environment. 15 (4) Nothing contained within this chapter shall be 16 construed to require the construction or maintenance of 17 off-highway vehicle recreation areas, facilities, or trails on 18 public lands where such construction or maintenance would be 19 inconsistent with the property's management objectives or land 20 management plan. 21 261.03 Definitions.--As used in this chapter, the 22 term: 23 (1) "Advisory committee" means the Off-Highway Vehicle 24 Recreation Advisory Committee created by s. 261.04. 25 (2) "ATV" means any motorized off-highway or 26 all-terrain vehicle 50 inches or less in width, having a dry 27 weight of 900 pounds or less, designed to travel on three or 28 more low-pressure tires, having a seat designed to be 29 straddled by the operator and handlebars for steering control, 30 and intended for use by a single operator with no passenger. 31 (3) "Department" means the Department of Agriculture 2 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 and Consumer Services. 2 (4) "Division" means the Division of Forestry of the 3 Department of Agriculture and Consumer Services. 4 (5) "OHM" or "off-highway motorcycle" means any motor 5 vehicle used off the roads or highways of this state that has 6 a seat or saddle for the use of the rider and is designed to 7 travel with not more than two wheels in contact with the 8 ground, but excludes a tractor or a moped. 9 (6) "Off-highway vehicle" means any ATV or OHM that is 10 used off the roads or highways of this state for recreational 11 purposes and that is not registered and licensed for highway 12 use under chapter 320. 13 (7) "Program" means the Off-Highway Vehicle Recreation 14 Program. 15 (8) "Public lands" means lands within the state that 16 are available for public use and that are owned, operated, or 17 managed by a federal, state, county, or municipal governmental 18 entity. 19 (9) "System" means the off-highway vehicle recreation 20 areas and trails on public lands within the state. 21 (10) "Trust fund" means the Incidental Trust Fund of 22 the Division of Forestry of the Department of Agriculture and 23 Consumer Services. 24 261.04 Off-Highway Vehicle Recreation Advisory 25 Committee; members; appointment.-- 26 (1) Effective July 1, 2003, the Off-Highway Vehicle 27 Recreation Advisory Committee is created within the Division 28 of Forestry and consists of nine members, all of whom are 29 appointed by the Commissioner of Agriculture. The appointees 30 shall include one representative of the Department of 31 Agriculture and Consumer Services, one representative of the 3 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 Department of Highway Safety and Motor Vehicles, one 2 representative of the Department of Environmental Protection's 3 Office of Greenways and Trails, one representative of the Fish 4 and Wildlife Conservation Commission, one citizen with 5 scientific expertise in disciplines relating to ecology, 6 wildlife biology, or other environmental sciences, one 7 representative of a licensed off-highway vehicle dealer, and 8 three representatives of off-highway vehicle recreation 9 groups. In making these appointments, the commissioner shall 10 consider the places of residence of the members to ensure 11 statewide representation. 12 (2) The term of office of each member of the advisory 13 committee is 2 years. The members first appointed shall 14 classify themselves by lot so that the terms of four members 15 expire June 30, 2005, and the terms of five members expire 16 June 30, 2006. 17 (3) In case of a vacancy on the advisory committee, 18 the commissioner shall appoint a successor member for the 19 unexpired portion of the term. 20 (4) The members shall elect a chair among themselves 21 who shall serve for 1 year or until a successor is elected. 22 (5) The members of the advisory committee shall serve 23 without compensation, but shall be reimbursed for travel and 24 per diem expenses as provided in s. 112.061, while in the 25 performance of their official duties. 26 261.05 Duties and responsibilities of the Off-Highway 27 Vehicle Recreation Advisory Committee.-- 28 (1) The advisory committee shall establish policies to 29 guide the department regarding the Off-Highway Vehicle 30 Recreation Program and the system of off-highway vehicle 31 recreation areas and trails. 4 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 (2) The advisory committee shall make recommendations 2 to the department regarding off-highway vehicle safety and 3 training and education programs in the operation of such 4 vehicles. 5 (3) The advisory committee must be informed regarding 6 all governmental activities affecting the program. 7 (4) The advisory committee must be informed regarding 8 off-highway vehicle impacts and effects on the environment, 9 wildlife habitats, and native flora and fauna and shall make 10 recommendations to avoid or minimize adverse environmental 11 impacts and promote sustained long-term use. 12 (5) The advisory committee must be fully informed 13 regarding the inventory of off-highway vehicle access and 14 opportunities. 15 (6) The advisory committee shall meet at various times 16 and locations throughout the state to receive public comments 17 on the implementation of the program and shall take these 18 public comments into consideration when making its 19 recommendations. 20 (7) The advisory committee shall review and make 21 recommendations annually regarding the department's proposed 22 budget of expenditures from the designated off-highway vehicle 23 funds in the trust fund, which may include providing funds to 24 match grant funds available from other sources. 25 (8) The advisory committee shall make recommendations 26 regarding all capital outlay expenditures from the trust fund 27 proposed for inclusion in the budget and shall identify 28 additional funding sources for management, enforcement, 29 education, rehabilitation, and other duties of the land 30 management agencies related to the system. 31 (9) The advisory committee shall review grant 5 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 applications submitted by any governmental agency or entity or 2 nongovernmental entity requesting moneys from the trust fund 3 to create, operate, manage, or improve off-highway vehicle 4 recreation areas or trails within the state, protect and 5 restore affected natural areas in the system, or provide 6 off-highway vehicle driver education. The advisory committee 7 shall recommend to the department approval or denial of such 8 grant applications based upon criteria established by the 9 advisory committee. 10 261.06 Functions, duties, and responsibilities of the 11 department.--The following are functions, duties, and 12 responsibilities of the department through the division: 13 (1) Coordination of the planning, development, 14 conservation, and rehabilitation of state lands in and for the 15 system. 16 (2) Coordination of the management, maintenance, 17 administration, and operation of state lands in the system and 18 the provision of law enforcement and appropriate public safety 19 activities. 20 (3) Management of the trust fund and approval of the 21 advisory committee's budget recommendations. 22 (4) Implementation of the program, including the 23 ultimate approval of grant applications submitted by 24 governmental agencies or entities or nongovernmental entities. 25 (5) Coordination to help ensure compliance with 26 environmental laws and regulations of the program and lands in 27 the system. 28 (6) Implementation of the policies established by the 29 advisory committee. 30 (7) Provision of staff assistance to the advisory 31 committee. 6 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 (8) Preparation of plans for lands in, or proposed to 2 be included in, the system. 3 (9) Conducting surveys and the preparation of studies 4 as are necessary or desirable for implementing the program. 5 (10) Recruitment and utilization of volunteers to 6 further the program. 7 (11) Rulemaking authority to implement the provisions 8 of ss. 261.01-261.10. 9 (12) In consultation with the Department of 10 Environmental Protection, the Fish and Wildlife Conservation 11 Commission, the environmental community, and the off-highway 12 vehicle industry and user groups, review of the inventory of 13 public lands to determine the feasibility of providing public 14 access for off-highway vehicle recreation and trails. The 15 department shall provide a report to the Governor and the 16 presiding officers of the Legislature by January 1, 2003. The 17 report must include at least two appropriate locations for 18 public access for off-highway vehicle recreational use and the 19 applicable cost of providing each facility. The cost section 20 of the report shall fully explain the fiscal approach of 21 renovating, maintaining, and operating each site and include a 22 recommended fee structure to support the ongoing maintenance 23 and operation of the program. The report shall also include 24 the benefits and risks of offering each site for off-highway 25 vehicle recreational use. The recommendations contained within 26 the report shall be implemented to the extent enacted or 27 appropriated by the Legislature. This subsection shall expire 28 July 1, 2003. 29 261.07 Publication and distribution of guidebook; 30 contents.--In consultation with the advisory committee, the 31 department shall publish a guidebook that includes the text of 7 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 this chapter, other laws and regulations relating to the 2 program, and maps of areas and trails of the system. The 3 guidebook may include other public areas, trails, and 4 facilities for the use of off-highway vehicles. The guidebook 5 must include information regarding the responsibilities of 6 users of the system and must set forth pertinent laws, rules, 7 and regulations including particular provisions and other 8 information intended to prevent trespass and damage to public 9 or private property. The guidebook must be prepared at minimal 10 cost to facilitate the broadest possible distribution and must 11 be available for distribution no later than October 1, 2003. 12 261.08 Repair, maintenance, and rehabilitation of 13 areas, trails, and lands.-- 14 (1) The protection of public safety, the appropriate 15 use of lands in the system, and the conservation of the 16 environment, wildlife habitats, native wildlife, and native 17 flora and fauna in the system are of the highest priority in 18 the management of the system. Accordingly, the public land 19 managing agency shall avoid or minimize adverse impacts to the 20 environment, promptly repair and continuously maintain areas 21 and trails, anticipate and prevent accelerated erosion, and 22 rehabilitate lands to the extent damaged by off-highway 23 vehicle use in accordance with the management plans of the 24 public land managing agency. 25 (2) The public land managing agency shall monitor the 26 condition of soils and wildlife habitat in each area of the 27 system to determine whether there is compliance with 28 applicable environmental laws and regulations and shall take 29 appropriate action as necessary. 30 (3) The public land managing agency may regulate or 31 prohibit, when necessary, the use of off-highway vehicles on 8 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 the public lands of the state in order to prevent damage or 2 destruction to said lands. 3 261.09 Contracts and agreements.--The public land 4 managing agency may contract with private persons or entities 5 and enter into cooperative agreements with other public 6 agencies for the care and maintenance of lands in the system, 7 including contracts for law enforcement services with public 8 agencies having law enforcement powers. 9 261.10 Criteria for recreation areas and 10 trails.--Publicly owned or operated off-highway vehicle 11 recreation areas and trails shall be designated and maintained 12 for recreational travel by off-highway vehicles. These areas 13 and trails need not be generally suitable or maintained for 14 normal travel by conventional two-wheel-drive vehicles and 15 should not be designated as recreational footpaths. State 16 off-highway vehicle recreation areas and trails must be 17 selected and managed in accordance with this chapter. 18 261.11 Penalties.--No off-highway vehicle may be 19 operated upon the public roads, streets, or highways of this 20 state, except as otherwise permitted by the managing local, 21 state, or federal agency. A violation of this section is a 22 noncriminal traffic infraction, punishable as provided in 23 chapter 318. 24 261.12 Designated off-highway vehicle funds within the 25 Incidental Trust Fund of the Division of Forestry of the 26 Department of Agriculture and Consumer Services.-- 27 (1) The designated off-highway vehicle funds of the 28 trust fund shall consist of deposits from the following 29 sources: 30 (a) Fees paid to the Department of Highway Safety and 31 Motor Vehicles for the titling of off-highway vehicles. 9 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 (b) Revenues and income from any other sources 2 required by law or as appropriated by the Legislature to be 3 deposited into the trust fund as designated off-highway 4 vehicle funds. 5 (c) Donations from private sources that are designated 6 as off-highway vehicle funds. 7 (d) Interest earned on designated off-highway vehicle 8 funds on deposit in the trust fund. 9 (2) Designated off-highway vehicle funds in the trust 10 fund shall be available for recommended allocation by the 11 Off-Highway Vehicle Recreation Advisory Committee and the 12 Department of Agriculture and Consumer Services and upon 13 annual appropriation by the Legislature, exclusively for the 14 following: 15 (a) Implementation of the Off-Highway Vehicle 16 Recreation Program by the Department of Agriculture and 17 Consumer Services, which includes personnel and other related 18 expenses; administrative and operating expenses; expenses 19 related to safety, training, rider education programs, 20 management, maintenance, and rehabilitation of lands in the 21 Off-Highway Vehicle Recreation Program's system of lands and 22 trails; and, if funds are available, acquisition of lands to 23 be included in the system and the management, maintenance, and 24 rehabilitation of such lands. 25 (b) Approved grants to governmental agencies or 26 entities or nongovernmental entities that wish to provide or 27 improve off-highway vehicle recreation areas or trails for 28 public use on public lands, provide environmental protection 29 and restoration to affected natural areas in the system, 30 provide enforcement of applicable regulations related to the 31 system and off-highway vehicle activities, or provide 10 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 education in the operation of off-highway vehicles. 2 (c) Matching funds to be used to match grant funds 3 available from other sources. 4 (3) Notwithstanding s. 216.301 and pursuant to s. 5 216.351, any balance of designated off-highway vehicle funds 6 in the trust fund at the end of any fiscal year shall remain 7 therein and shall be available for the purposes set out in 8 this section and as otherwise provided by law. 9 Section 5. Section 316.2074, Florida Statutes, is 10 amended to read: 11 316.2074 All-terrain vehicles.-- 12 (1) It is the intent of the Legislature, through the 13 adoption of this section to provide safety protection for 14 minors while operating an all-terrain vehicle in this state. 15 (2) As used in this section, the term "all-terrain 16 vehicle" means any motorized off-highway vehicle 50 inches 17 (1270 mm) or less in width, having a dry weight of 900 600 18 pounds (273 kg) or less, designed to travel traveling on three 19 or more low-pressure tires, designed for operator use only 20 with no passengers, having a seat or saddle designed to be 21 straddled by the operator, and having handlebars for steering 22 control, and intended for use by a single operator with no 23 passenger. 24 (3) No person under 16 years of age shall operate, 25 ride, or be otherwise propelled on an all-terrain vehicle 26 unless the person wears a safety helmet meeting United States 27 Department of Transportation standards and eye protection. 28 (4) If a crash results in the death of any person or 29 in the injury of any person which results in treatment of the 30 person by a physician, the operator of each all-terrain 31 vehicle involved in the crash shall give notice of the crash 11 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 pursuant to s. 316.066. 2 (5) Except as provided in this section, an all-terrain 3 vehicle may not be operated upon the public roads, streets, or 4 highways of this state, except as otherwise permitted by the 5 managing state or federal agency. 6 (6)(5) An all-terrain vehicle having four wheels may 7 be used by police officers on public beaches designated as 8 public roadways for the purpose of enforcing the traffic laws 9 of the state. All-terrain vehicles may also be used by the 10 police to travel on public roadways within 5 miles of beach 11 access only when getting to and from the beach. 12 (7) An all-terrain vehicle having four wheels may be 13 used by law enforcement officers on public roads within public 14 lands while in the course and scope of their duties. 15 (8)(6) A violation of this section is a noncriminal 16 traffic infraction, punishable as a nonmoving violation as 17 provided in chapter 318. 18 Section 6. Short title.--Sections 3 through 15 of this 19 act may be cited as the "Florida Off-Highway Vehicle Titling 20 Act." 21 Section 7. Legislative intent.--It is the intent of 22 the Legislature that all off-highway vehicles purchased after 23 the effective date of this act and all off-highway vehicles 24 operated on public lands be titled and issued a certificate of 25 title to allow for easy determination of ownership. 26 Section 8. Definitions.--As used in sections 3 through 27 15, the term: 28 (1) "ATV" means any motorized off-highway or 29 all-terrain vehicle 50 inches or less in width, having a dry 30 weight of 900 pounds or less, designed to travel on three or 31 more low-pressure tires, having a seat designed to be 12 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 straddled by the operator and handlebars for steering control, 2 and intended for use by a single operator and with no 3 passenger. 4 (2) "Dealer" means any person authorized by the 5 Department of Revenue to buy, sell, resell, or otherwise 6 distribute off-highway vehicles. Such person must have a valid 7 sales tax certificate of registration issued by the Department 8 of Revenue and a valid commercial or occupational license 9 required by any county, municipality, or political subdivision 10 of the state in which the person operates. 11 (3) "Department" means the Department of Highway 12 Safety and Motor Vehicles. 13 (4) "Florida resident" means a person who has had a 14 principal place of domicile in this state for a period of more 15 than 6 consecutive months, who has registered to vote in this 16 state, who has made a statement of domicile pursuant to s. 17 222.17, Florida Statutes, or who has filed for homestead tax 18 exemption on property in this state. 19 (5) "OHM" or "off-highway motorcycle" means any motor 20 vehicle used off the roads or highways of this state that has 21 a seat or saddle for the use of the rider and is designed to 22 travel with not more than two wheels in contact with the 23 ground, but excludes a tractor or a moped. 24 (6) "Off-highway vehicle" means any ATV or OHM that is 25 used off the roads or highways of this state for recreational 26 purposes and that is not registered and licensed for highway 27 use pursuant to chapter 320. 28 (7) "Owner" means a person, other than a lienholder, 29 having the property in or title to an off-highway vehicle, 30 including a person entitled to the use or possession of an 31 off-highway vehicle subject to an interest held by another 13 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 person, reserved or created by agreement and securing payment 2 of performance of an obligation, but the term excludes a 3 lessee under a lease not intended as security. 4 (8) "Public lands" means lands within the state that 5 are available for public use and that are owned, operated, or 6 managed by a federal, state, county, or municipal governmental 7 entity. 8 Section 9. Administration of off-highway vehicle 9 titling laws; records.-- 10 (1) The administration of off-highway vehicle titling 11 laws in sections 3 through 15 is under the Department of 12 Highway Safety and Motor Vehicles, which shall provide for the 13 issuing, handling, and recording of all off-highway vehicle 14 titling applications and certificates, including the receipt 15 and accounting of off-highway vehicle titling fees. 16 (2) The department shall keep records and perform 17 other clerical duties pertaining to off-highway vehicle 18 titling as required. 19 Section 10. Rules, forms, and notices.-- 20 (1) The department may adopt rules pursuant to ss. 21 120.536(1) and 120.54, Florida Statutes, which pertain to 22 off-highway vehicle titling, in order to implement the 23 provisions of sections 3 through 15 conferring duties upon it. 24 (2) The department shall prescribe and provide 25 suitable forms for applications and other notices and forms 26 necessary to administer the provisions of sections 3 through 27 15. 28 Section 11. Certificate of title required.-- 29 (1) Any off-highway vehicle that is purchased by a 30 resident of this state after the effective date of this act or 31 that is owned by a resident and is operated on the public 14 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 lands of this state must be titled pursuant to sections 3 2 through 15. 3 (2) A person may not sell, assign, or transfer an 4 off-highway vehicle titled by the state without delivering to 5 the purchaser or transferee a valid certificate of title with 6 an assignment on it showing the transfer of title to the 7 purchaser or transferee. A person may not purchase or 8 otherwise acquire an off-highway vehicle required to be titled 9 without obtaining a certificate of title for the vehicle in 10 his or her name. The purchaser or transferee shall, within 30 11 days after a change in off-highway vehicle ownership, file an 12 application for a title transfer with the county tax 13 collector. An additional $10 fee shall be charged against a 14 purchaser or transferee who files a title transfer application 15 after the 30-day period. The county tax collector may retain 16 $5 of the additional amount. 17 (3) A certificate of title is prima facie evidence of 18 the ownership of the off-highway vehicle and is good for the 19 life of the off-highway vehicle so long as the certificate is 20 owned or held by the legal holder. If a titled off-highway 21 vehicle is destroyed or abandoned, the owner, with the consent 22 of any recorded lienholders, shall, within 30 days after the 23 destruction or abandonment, surrender to the department all 24 title documents for cancellation. 25 (4) The department shall provide labeled places on the 26 title where the seller's price shall be indicated when an 27 off-highway vehicle is sold and where a selling dealer shall 28 record his or her valid sales tax certificate of registration 29 number. 30 (5)(a) There shall be a service charge of $4.25 for 31 each application that is handled in connection with the 15 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 issuance, duplication, or transfer of any certificate of 2 title. There shall be a service charge of $1.25 for each 3 application that is handled in connection with the recording 4 or notation of a lien on an off-highway vehicle that is not in 5 connection with the purchase of such vehicle. 6 (b) The service charges specified in paragraph (a) 7 shall be collected by the department on any application 8 handled directly from its office. Otherwise, these service 9 charges shall be collected and retained by the tax collector 10 who handles the application. 11 (c) In addition to the fees provided in paragraph (a), 12 any tax collector may impose an additional service charge of 13 not more than 50 cents on any transaction specified in 14 paragraph (a) when such transaction occurs at any tax 15 collector's branch office. 16 Section 12. Application for and issuance of 17 certificate of title.-- 18 (1) The owner of an off-highway vehicle that is 19 required to be titled must apply to the county tax collector 20 for a certificate of title. The application must include the 21 true name of the owner, the residence or business address of 22 the owner, and a complete description of the off-highway 23 vehicle. The application must be signed by the owner and must 24 be accompanied by a fee of $29. 25 (2) The owner must establish proof of ownership by 26 submitting with the application an executed bill of sale, a 27 manufacturer's statement of origin, an affidavit of ownership 28 for off-highway vehicles purchased before the effective date 29 of this act, or any other document acceptable to the 30 department. 31 (3) To apply for a certificate of title upon transfer 16 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 of ownership of an off-highway vehicle, the new owner must 2 surrender to the department the last title document issued for 3 that vehicle. The document must be properly executed. Proper 4 execution includes the previous owner's signature and 5 certification that the off-highway vehicle to be transferred 6 is debt-free or is subject to a lien. If a lien exists, the 7 previous owner must furnish the new owner, on forms supplied 8 by the department, the names and addresses of all lienholders 9 and the dates of all liens, with a statement from each 10 lienholder that the lienholder has knowledge of and consents 11 to the transfer of title to the new owner. 12 (4) An application for an initial certificate of title 13 or a title transfer must include payment of the applicable 14 state sales tax or proof of payment of such tax, except for 15 off-highway vehicles purchased or transferred before the 16 effective date of this act. 17 (5) If the owner submits a complete application and 18 complies with all other requirements of this section, the 19 department shall issue a certificate of title that states that 20 the title is for an off-highway vehicle that is not suitable 21 for highway use. After October 1, 2003, the department shall 22 also issue a copy of the guidebook prepared by the Department 23 of Agriculture and Consumer Services pursuant to s. 261.07, 24 Florida Statutes. 25 Section 13. Duplicate certificate of title.-- 26 (1) The department may issue a duplicate certificate 27 of title upon application by the person entitled to hold such 28 a certificate if the department is satisfied that the original 29 certificate has been lost, destroyed, or mutilated. A fee of 30 $15 shall be charged for issuing a duplicate certificate. 31 (2) In addition to the fee imposed by subsection (1), 17 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 a fee of $7 shall be charged for expedited service in issuing 2 a duplicate certificate of title. Application for such 3 expedited service may be made by mail or in person. The 4 department shall issue each certificate of title applied for 5 under this subsection within 5 working days after receipt of a 6 proper application or shall refund the additional $7 fee upon 7 written request by the applicant. 8 (3) If, following the issuance of an original, 9 duplicate, or corrected certificate of title by the 10 department, the certificate is lost in transit and is not 11 delivered to the addressee, the owner of the off-highway 12 vehicle or the holder of a lien thereon may, within 180 days 13 after the date of issuance of the certificate, apply to the 14 department for reissuance of the certificate. An additional 15 fee may not be charged for reissuance under this subsection. 16 (4) The department shall implement a system to verify 17 that the application is signed by a person authorized to 18 receive a duplicate certificate of title under this section if 19 the address shown on the application is different from the 20 address shown for the applicant on the records of the 21 department. 22 Section 14. Manufacturer's statement of origin to be 23 furnished.-- 24 (1) Any person selling a new off-highway vehicle in 25 this state must furnish a manufacturer's statement of origin 26 to the purchaser. The statement, which must be in English or 27 accompanied by an English translation if the vehicle was 28 purchased outside the United States, must be signed and dated 29 by an authorized representative of the manufacturer, indicate 30 the complete name and address of the purchaser, include a 31 complete description of the vehicle, and contain as many 18 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 assignments as necessary to show title in the name of the 2 purchaser. 3 (2) It is unlawful for an off-highway vehicle 4 manufacturer, manufacturer's representative, or dealer to 5 issue a manufacturer's certificate of origin describing an 6 off-highway vehicle with the knowledge that the description is 7 false or that the off-highway vehicle described does not 8 exist. It is unlawful for any person to obtain or attempt to 9 obtain a certificate of origin with the knowledge that the 10 description is false or that the off-highway vehicle does not 11 exist. Any person who violates this subsection commits a 12 felony of the third degree, punishable as provided in s. 13 775.082, s. 775.083, or s. 775.084, Florida Statutes. 14 Section 15. Disposition of fees.--The department shall 15 deposit all funds received under sections 3 through 15, less 16 administrative costs of $2 per title transaction, into the 17 Incidental Trust Fund of the Division of Forestry of the 18 Department of Agriculture and Consumer Services. 19 Section 16. Refusal to issue and authority to cancel a 20 certificate of title.-- 21 (1) If the department finds that an applicant for an 22 off-highway vehicle certificate of title has given a false 23 statement or false or incomplete information in applying for 24 the certificate or has otherwise failed to comply with the 25 applicable provisions pertaining to the application for a 26 certificate, it may refuse to issue the certificate. 27 (2) If the department finds that an owner or dealer 28 named in an off-highway vehicle certificate of title has given 29 a false statement or false or incomplete information in 30 applying for the certificate or has otherwise failed to comply 31 with the applicable provisions pertaining to the application 19 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 for a certificate, it may cancel the certificate. 2 (3) The department may cancel any pending application 3 or any certificate if it finds that any title fee or sales tax 4 pertaining to such application or certificate has not been 5 paid, unless the fee or tax is paid within a reasonable time 6 after the department has given notice. 7 Section 17. Crimes relating to certificates of title; 8 penalties.-- 9 (1) It is unlawful for any person to procure or 10 attempt to procure a certificate of title or duplicate 11 certificate of title to an off-highway vehicle, or to pass or 12 attempt to pass a certificate of title or duplicate 13 certificate of title to an off-highway vehicle or any 14 assignment thereof, if such person knows or has reason to 15 believe that the vehicle has been stolen. Any person who 16 violates this subsection commits a felony of the third degree, 17 punishable as provided in s. 775.082, s. 775.083, or s. 18 775.084, Florida Statutes. 19 (2) It is unlawful for any person, knowingly and with 20 intent to defraud, to have in his or her possession, sell, 21 offer to sell, counterfeit, or supply a blank, forged, 22 fictitious, counterfeit, stolen, or fraudulently or unlawfully 23 obtained certificate of title, duplicate certificate of title, 24 bill of sale, or other indicia of ownership of an off-highway 25 vehicle or to conspire to do any of the foregoing. Any person 26 who violates this subsection commits a felony of the third 27 degree, punishable as provided in s. 775.082, s. 775.083, or 28 s. 775.084, Florida Statutes. 29 (3) It is unlawful to: 30 (a) Alter or forge any certificate of title to an 31 off-highway vehicle or any assignment thereof or any 20 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 cancellation of any lien on an off-highway vehicle. 2 (b) Retain or use such certificate, assignment, or 3 cancellation knowing that it has been altered or forged. 4 (c) Use a false or fictitious name, give a false or 5 fictitious address, or make any false statement in any 6 application or affidavit required by sections 3 through 15 or 7 in a bill of sale or sworn statement of ownership or otherwise 8 commit a fraud in any application. 9 (d) Knowingly obtain goods, services, credit, or money 10 by means of an invalid, duplicate, fictitious, forged, 11 counterfeit, stolen, or unlawfully obtained certificate of 12 title, bill of sale, or other indicia of ownership of an 13 off-highway vehicle. 14 (e) Knowingly obtain goods, services, credit, or money 15 by means of a certificate of title to an off-highway vehicle 16 which certificate is required by law to be surrendered to the 17 department. 18 19 Any person who violates this subsection commits a felony of 20 the third degree, punishable as provided in s. 775.082, s. 21 775.083, or s. 775.084, Florida Statutes. A violation of this 22 subsection with respect to any off-highway vehicle makes such 23 off-highway vehicle contraband which may be seized by a law 24 enforcement agency and forfeited under ss. 932.701-932.704, 25 Florida Statutes. 26 Section 18. Nonmoving traffic violations.--Any person 27 who fails to comply with any provision of sections 3 through 28 14 for which a penalty is not otherwise provided commits a 29 nonmoving traffic violation, punishable as provided in s. 30 318.18, Florida Statutes. 31 Section 19. Section 375.313, Florida Statutes, is 21 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 amended to read: 2 375.313 Commission powers and duties.--The commission 3 shall: 4 (1) Regulate or prohibit, when necessary, the use of 5 motor vehicles on the public lands of the state in order to 6 prevent damage or destruction to said lands. 7 (2) Collect any registration fees imposed by s. 8 375.315 and deposit said fees in the State Game Trust Fund. 9 The revenue resulting from said registration shall be expended 10 for the funding and administration of ss. 375.311-375.315. 11 (2)(3) Adopt and promulgate such reasonable rules as 12 deemed necessary to administer the provisions of ss. 13 375.311-375.315, except that, before any such rules are 14 adopted, the commission shall obtain the consent and 15 agreement, in writing, of the owner, in the case of privately 16 owned lands, or the owner or primary custodian, in the case of 17 publicly owned lands. 18 Section 20. Section 375.315, Florida Statutes, is 19 repealed. 20 21 (Redesignate subsequent sections.) 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 On page 4, line 21, after the second semicolon 27 28 insert: 29 creating ch. 261, F.S.; creating the T. Mark 30 Schmidt Off-Highway Vehicle Safety and 31 Recreation Act; providing legislative findings 22 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 and intent; providing definitions; creating the 2 Off-Highway Vehicle Recreation Advisory 3 Committee effective July 1, 2003; providing 4 membership, duties, and responsibilities of the 5 committee; providing functions, duties, and 6 responsibilities of the Department of 7 Agriculture and Consumer Services; requiring 8 the department to review certain public lands 9 and make a report to the Governor and the 10 Legislature; providing rulemaking authority; 11 providing for the publication and distribution 12 of a guidebook; providing for the repair, 13 maintenance, and rehabilitation of areas, 14 trails, and lands; providing for contracts and 15 agreements; providing criteria for recreation 16 areas and trails; providing a penalty; 17 providing for the use of designated off-highway 18 vehicle funds within the Incidental Trust Fund 19 of the Division of Forestry of the department; 20 amending s. 316.2074, F.S.; revising the 21 definition of the term "all-terrain vehicle"; 22 prohibiting the use of all-terrain vehicles on 23 public roadways in the state; providing 24 exceptions; creating the Florida Off-Highway 25 Vehicle Titling Act; providing legislative 26 intent; providing definitions; providing for 27 administration by the Department of Highway 28 Safety and Motor Vehicles; providing for rules, 29 forms, and notices; requiring certificates of 30 title; providing for application for and 31 issuance of certificates of title; providing 23 11:25 AM 03/21/02 s0480c1c-39102
SENATE AMENDMENT Bill No. CS for SB 480 Amendment No. ___ Barcode 054344 1 for duplicate certificates of title; requiring 2 the furnishing of a manufacturer's statement of 3 origin; providing for fees; providing for 4 disposition of fees; providing authority to 5 refuse to issue and to cancel a certificate of 6 title; providing crimes relating to 7 certificates of title; providing penalties; 8 providing noncriminal infractions; providing 9 penalties; amending s. 375.313, F.S.; deleting 10 fee collection responsibility of the Fish and 11 Wildlife Conservation Commission for 12 registration of off-road vehicles; repealing s. 13 375.315, F.S., relating to the registration of 14 off-road vehicles by the commission; 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 24 11:25 AM 03/21/02 s0480c1c-39102