HB 1415 2003
1	CHAMBER ACTION
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6	The Committee on Transportation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to motor vehicles; amending s. 261.03,
12	F.S.; revising the definition of "off-highway vehicle";
13	defining "two-rider ATV"; amending s. 316.003, F.S.;
14	revising the definition of "motorized scooter"; amending
15	s. 316.1001, F.S.; revising provisions for mailing
16	citations for violating toll facility; revising provisions
17	to contest such citations; reducing the number of
18	outstanding citations required before the department may
19	deny issuance of a license plate or validation sticker;
20	amending s. 316.650, F.S.; revising procedures for
21	submission by the law enforcement agency of specified
22	citations to the court or traffic violations bureau;
23	amending s. 318.14, F.S.; revising procedures for payment
24	of penalties for certain noncriminal traffic infractions;
25	providing for payment of fine for specified infractions to
26	the governmental entity issuing the citation; amending s.
27	316.183, F.S.; revising provisions relating to unlawful
28	speed; amending s. 316.187, F.S.; deleting a penalty
29	provision for violation of specified state speed limits;
30	amending s. 316.189, F.S.; deleting a penalty provision
31	for violation of specified municipal and county speed
32	limits; amending s. 316.1895, F.S.; deleting a provision
33	prohibiting speeding in a posted school zone; deleting a
34	penalty provision for violations of specified school speed
35	zones; amending s. 316.2074, F.S.; revising the definition
36	of "all-terrain vehicle"; amending s. 316.605, F.S.;
37	revising requirements for placement of license plates on
38	certain vehicles; amending s. 317.0003, F.S.; revising the
39	definition of "off-highway vehicle"; defining "two-rider
40	ATV"; amending s. 317.0008, F.S.; deleting a provision for
41	expedited service for a duplicate certificate of title to
42	off-highway vehicles and a charge therefor; creating s.
43	317.0014, F.S.; providing for issuance by the Department
44	of Highway Safety and Motor Vehicles of certificates of
45	title to off-highway vehicles in duplicate; providing for
46	delivery to the owner; providing for delivery to a
47	lienholder; requiring notice to all parties in certain
48	conflict; providing procedures and timeframes for
49	resolving conflict; providing for retention of certificate
50	by certain lienholder; providing for subsequent
51	encumbrance; providing for satisfaction of lien; providing
52	for issuance of duplicate certificate; limiting
53	notification responsibility of the department; creating s.
54	317.0015, F.S.; limiting application of titling
55	requirements; creating s. 317.0016, F.S.; providing for
56	expedited service on described title transactions;
57	providing fee for such service; creating s. 317.0017,
58	F.S.; prohibiting described acts involving vehicle
59	identification numbers, applications, certificates of
60	title, and papers in relation to off-highway vehicles;
61	providing penalties; creating s. 317.0018, F.S.;
62	prohibiting transfer without delivery of certificate,
63	operation or use without certificate, and failure to
64	surrender off-highway vehicle certificates under described
65	circumstances; providing penalties; amending s. 318.1215,
66	F.S.; requiring that certain funds be used for enhancement
67	of driver education program funds; requiring certain
68	behind-the-wheel training; amending s. 319.23, F.S.;
69	requiring certain dealers to report taking of motor
70	vehicle or mobile home in trade; requiring the Department
71	of Highway Safety and Motor Vehicles to update certain
72	records; amending s. 319.30, F.S.; revising the definition
73	of "major component parts"; amending s. 320.055, F.S.;
74	revising registration requirements for certain leased
75	motor vehicles; amending s. 320.0605, F.S.; exempting
76	certain vehicles from specified requirement to possess and
77	exhibit certificate of registration of motor vehicle;
78	amending s. 320.07, F.S.; exempting certain service
79	members from penalties for expiration of mobile home and
80	motor vehicle registrations; amending s. 320.0706, F.S.;
81	providing for display of license plate on wreckers;
82	amending s. 320.08053, F.S.; revising requirements for
83	establishing a specialty license plate; providing
84	procedures and timeframes; requiring submission of a
85	sample plate; requiring a financial analysis of
86	anticipated revenues and expenditures; requiring
87	submission of prepaid applications; providing for content
88	of prepaid applications; providing for legislative
89	approval; requiring the Department of Highway Safety and
90	Motor Vehicles to issue plates within a specified time
91	period; authorizing the department to retain prepayments
92	to cover certain costs; requiring refund of prepaid
93	applications under certain circumstances; providing for a
94	minimum number of prepaid applications; providing for
95	quarterly reports to the department; providing procedures
96	and requirements for collection of payments for prepaid
97	applications; authorizing the department to audit
98	organizations collecting prepaid applications; amending s.
99	320.08056, F.S.; revising conditions and procedures for
100	discontinuance of specialty license plates; deleting an
101	exemption from the provisions for discontinuance of
102	specialty license plates; amending s. 320.0821, F.S.;
103	revising requirements for issuance and display of wrecker
104	license plates; amending s. 320.131, F.S.; authorizing the
105	department to administer an electronic system for licensed
106	motor vehicle dealers to use in issuing temporary tags;
107	providing procedures; providing penalties for failure to
108	comply with department requirements; amending s. 320.27,
109	F.S.; providing period of time motor vehicle dealers are
110	to maintain records of described transactions; providing
111	penalties for specified violations; amending s. 322.051,
112	F.S.; revising list of documents accepted for proof of
113	identity of applicant for identification card; increasing
114	the fee for application, renewal, and duplication of such
115	cards; requiring described content on such cards; amending
116	s. 322.08, F.S.; revising list of documents accepted for
117	proof of identity of applicant for driver license;
118	providing for a voluntary contribution to be made when
119	applying for a driver license; providing for distribution
120	of moneys collected for said contribution; amending s.
121	322.12, F.S.; providing fees for certain second or
122	subsequent examinations of specified applicants; revising
123	language relating to fees for application for
124	reinstatement of suspended or revoked licenses; amending
125	s. 322.135, F.S.; providing procedures for payment of
126	funds collected by driver license agents; amending s.
127	322.142, F.S.; prohibiting waiver of certain driver
128	license content requirements; amending s. 322.17, F.S.;
129	revising language relating to replacement of a license due
130	to a change of address; removing the requirement that a
131	request for such replacement be in writing; removing a
132	requirement regarding placement of an address sticker;
133	amending ss. 322.18 and 322.19, F.S.; revising references;
134	amending s. 322.21, F.S., relating to license fees and
135	procedures for collection and disposition of the fees;
136	providing for exceptions to those procedures; revising
137	language relating to fees for application for
138	reinstatement of suspended or revoked licenses; increasing
139	said fees; providing for deposit of moneys collected into
140	the General Revenue Fund and the Highway Safety Operating
141	Trust Fund; amending s. 322.212, F.S.; revising provisions
142	for enforcement of specified violations by the Division of
143	Alcoholic Beverages and Tobacco; amending s. 322.251,
144	F.S.; revising a reference; amending s. 322.29, F.S.;
145	revising certain fees for application for return of
146	license; providing for deposit of moneys collected into
147	the General Revenue Fund and the Highway Safety Operating
148	Trust Fund; amending s. 812.16, F.S.; including airbags
149	and airbag assemblies within the definition of the term
150	"major component part" for purposes of provisions
151	prohibiting the operation of a chop shop; reenacting s.
152	318.121, F.S., relating to preemption of additional fees,
153	fines, surcharges, and costs, to incorporate amendments to
154	Florida Statutes in references; providing effective dates.
155
156	Be It Enacted by the Legislature of the State of Florida:
157
158	Section 1. Subsection (6) of section 261.03, Florida
159	Statutes, is amended, and subsection (11) is added to said
160	section, to read:
161	261.03 Definitions.--As used in this chapter, the term:
162	(6) "Off-highway vehicle" means any ATV, two-rider ATV,or
163	OHM that is used off the roads or highways of this state for
164	recreational purposesand that is not registered and licensed
165	for highway use under chapter 320.
166	(11) "Two-rider ATV" means any ATV that is specifically
167	designed by the manufacturer for a single operator and one
168	passenger.
169	Section 2. Subsection (82) of section 316.003, Florida
170	Statutes, is amended to read:
171	316.003 Definitions.--The following words and phrases,
172	when used in this chapter, shall have the meanings respectively
173	ascribed to them in this section, except where the context
174	otherwise requires:
175	(82) MOTORIZED SCOOTER.--Any vehicle not having a seat or
176	saddle for the use of the rider,designed to travel on not more
177	than three wheels, and not capable of propelling the vehicle at
178	a speed greater than 30 miles per hour on level ground.
179	Section 3. Section 316.1001, Florida Statutes, is amended
180	to read:
181	316.1001 Payment of toll on toll facilities required;
182	penalties.--
183	(1) A person may not use any toll facility without payment
184	of tolls, except as provided in s. 338.155. Failure to pay a
185	prescribed toll is a noncriminal traffic infraction, punishable
186	as a moving violation under chapter 318.
187	(2)(a) For the purpose of enforcing this section, any
188	governmental entity, as defined in s. 334.03, that owns or
189	operates a toll facility may, by rule or ordinance, authorize a
190	toll enforcement officer to issue a uniform traffic citation for
191	a violation of this section. Toll enforcement officer means the
192	designee of a governmental entity whose sole authority is to
193	enforce the payment of tolls. The governmental entity may
194	designate toll enforcement officers pursuant to s. 316.640(1).
195	(b) A citation issued under this subsection may be issued
196	by mailing the citation by first class mail, or bycertified
197	mail, return receipt requested, to the address of the registered
198	owner of the motor vehicle involved in the violation. Mailing
199	the citation to this address constitutes notification.In the
200	case of joint ownership of a motor vehicle, the traffic citation
201	must be mailed to the first name appearing on the registration,
202	unless the first name appearing on the registration is a
203	business organization, in which case the second name appearing
204	on the registration may be used. A citation issued under this
205	paragraph must be mailed to the registered owner of the motor
206	vehicle involved in the violation within 14 days after the date
207	of the violation. In addition to the citation, notification must
208	be sent to the registered owner of the motor vehicle involved in
209	the violation specifying the remediesremedy available under ss.
210	318.14(12) ands.318.18(7).
211	(c) The owner of the motor vehicle involved in the
212	violation is responsible and liable for payment of a citation
213	issued for failure to pay a toll, unless the owner can establish
214	the motor vehicle was, at the time of the violation, in the
215	care, custody, or control of another person. In order to
216	establish such facts, the owner of the motor vehicle is
217	required, within 14 days after the date of issuance of the
218	citationnotification of the allegedviolation, to furnish to
219	the appropriate governmental entity an affidavit setting forth:
220	1. The name, address, date of birth,and, if known, the
221	driver license number of the person who leased, rented, or
222	otherwise had the care, custody, or control of the motor vehicle
223	at the time of the alleged violation; or
224	2. If stolen, the police report indicating that the
225	vehicle was stolen at the time of the alleged violation.
226
227	Upon receipt of an affidavit the person designated as having
228	care, custody, and control of the motor vehicle at the time of
229	the violation may be issued a citation for failure to pay a
230	required toll. The affidavit shall be admissible in a proceeding
231	pursuant to this section for the purpose of providing that the
232	person identified in the affidavit was in actual care, custody,
233	or control of the motor vehicle.
234	(d) A written report of a toll enforcement officer or
235	photographic evidence that indicates that a required toll was
236	not paid is admissible in any proceeding to enforce this section
237	and raises a rebuttable presumption that the motor vehicle named
238	in the report or shown in the photographic evidence was used in
239	violation of this section.
240	(3) The submission of a false affidavit is a misdemeanor
241	of the second degree.
242	(4) Any governmental entity may supply the department with
243	data that is machine readable by the department's computer
244	system, listing persons who have onethreeor more outstanding
245	violations of this section. Pursuant to s. 320.03(8), those
246	persons may not be issued a license plate or revalidation
247	sticker for any motor vehicle.
248	(5) Subsections (2)-(4) supplement the enforcement of this
249	section by law enforcement officers, and this section does not
250	prohibit a law enforcement officer from issuing a citation for a
251	violation of this section in accordance with normal traffic
252	enforcement techniques.
253	Section 4. Subsection (3) of section 316.650, Florida
254	Statutes, is amended to read:
255	316.650 Traffic citations.--
256	(3) Except for a traffic citation issued pursuant to s.
257	316.1001,every traffic enforcement officer, upon issuing a
258	traffic citation to an alleged violator of any provision of the
259	motor vehicle laws of this state or of any traffic ordinance of
260	any city or town, shall deposit the original and one copy of
261	such traffic citation or, in the case of a traffic enforcement
262	agency which has an automated citation issuance system, shall
263	provide an electronic facsimile with a court having jurisdiction
264	over the alleged offense or with its traffic violations bureau
265	within 5 days after issuance to the violator. If a traffic
266	citation is issued pursuant to s. 316.1001, a traffic
267	enforcement officer may deposit the original and one copy of
268	such traffic citation, or, in the case of a traffic enforcement
269	agency which has an automated citation system, may provide an
270	electronic facsimile to a court having jurisdiction over the
271	alleged offense or with its traffic violations bureau within 45
272	days after the date of issuance of the citation to the violator.
273	Section 5. Subsection (4) of section 318.14, Florida
274	Statutes, is amended, and subsection (12) is added to said
275	section, to read:
276	318.14 Noncriminal traffic infractions; exception;
277	procedures.--
278	(4) Except as provided in subsection (12),any person
279	charged with a noncriminal infraction under this section who
280	does not elect to appear shall pay the civil penalty and
281	delinquent fee, if applicable, either by mail or in person,
282	within 30 days after the date of issuance ofreceivingthe
283	citation. If the person cited follows the above procedure, he or
284	she shall be deemed to have admitted the infraction and to have
285	waived his or her right to a hearing on the issue of commission
286	of the infraction. Such admission shall not be used as evidence
287	in any other proceedings. Any person who is cited for a
288	violation of s. 320.0605 or s. 322.15(1), or subject to a
289	penalty under s. 320.07(3)(a) or (b) or s. 322.065, and who
290	makes an election under this subsection shall submit proof of
291	compliance with the applicable section to the clerk of the
292	court. For the purposes of this subsection, proof of compliance
293	consists of a valid driver's license or a valid registration
294	certificate.
295	(12) Any person cited for a violation of s. 316.1001 may,
296	in lieu of making an election as set forth in subsection (4) and
297	s. 318.18(7), elect to pay directly to the governmental entity
298	that issued the citation a fine up to $25 as set by the
299	governmental entity that issued the citation, within 30 days
300	after the date of issuance of the citation. Any person cited for
301	a violation of s. 316.1001 who does not elect to pay the fine
302	directly to the governmental entity that issued the citation as
303	described herein shall have an additional 45 days after the date
304	of the issuance of the citation in which to pay the civil
305	penalty and delinquent fee, if applicable, as provided in s.
306	318.18(7), either by mail or in person, in accordance with
307	subsection (4).
308	Section 6. Section 316.183, Florida Statutes, is amended
309	to read:
310	316.183 Unlawful speed.--
311	(1) No person shall drive a vehicle on a highway at a
312	speed greater than is reasonable and prudent under the
313	conditions and having regard to the actual and potential hazards
314	then existing. In every event, speed shall be controlled as may
315	be necessary to avoid colliding with any person, vehicle, or
316	other conveyance or object on or entering the highway in
317	compliance with legal requirements and the duty of all persons
318	to use due care.
319	(2) It is unlawful to exceed the posted speed limit on any
320	highway within this state.
321	(3)(2)Unless otherwise postedOn all streets or highways,
322	the maximum speed limits for all vehicles must be 30 miles per
323	hour in business or residence districts,and 55 miles per hour
324	at any time at all other locations. However, with respect to a
325	residence district, a county or municipality may set a maximum
326	speed limit of 20 or 25 miles per hour on local streets and
327	highways after an investigation determines that such a limit is
328	reasonable. It is not necessary to conduct a separate
329	investigation for each residence district.The minimum speed
330	limit on all highways that comprise a part of the National
331	System of Interstate and Defense Highways and have not fewer
332	than four lanes is 40 miles per hour.
333	(4)(3)No school bus shall exceed the posted speed limits,
334	not to exceed 55 miles per hour at any time.
335	(5)(4)The driver of every vehicle shall, consistent with
336	the requirements of subsection (1), drive at an appropriately
337	reduced speed when:
338	(a) Approaching and crossing an intersection or railway
339	grade crossing;
340	(b) Approaching and going around a curve;
341	(c) Approaching a hill crest;
342	(d) Traveling upon any narrow or winding roadway; and
343	(e) Any special hazard exists with respect to pedestrians
344	or other traffic or by reason of weather or highway conditions.
345	(6)(5)No person shall drive a motor vehicle at such a
346	slow speed as to impede or block the normal and reasonable
347	movement of traffic, except when reduced speed is necessary for
348	safe operation or in compliance with law.
349	(7)(6)No driver of a vehicle shall exceed the posted
350	maximum speed limit in a work zone area.
351	(8) A person may not drive a vehicle on a roadway
352	designated as a school zone at a speed greater than that posted
353	in the school zone in accordance with this section.
354	(9)(7)A violation of this section is a noncriminal
355	traffic infraction, punishable as a moving violation as provided
356	in chapter 318.
357	Section 7. Section 316.187, Florida Statutes, is amended
358	to read:
359	316.187 Establishment of state speed zones.--
360	(1) Whenever the Department of Transportation determines,
361	upon the basis of an engineering and traffic investigation, that
362	any speed is greater or less than is reasonable or safe under
363	the conditions found to exist at any intersection or other
364	place, or upon any part of a highway outside of a municipality
365	or upon any state roads, connecting links or extensions thereof
366	within a municipality, the Department of Transportation may
367	determine and declare a reasonable and safe speed limit thereat
368	which shall be effective when appropriate signs giving notice
369	thereof are erected at the intersection or other place or part
370	of the highway.
371	(2)(a) The maximum allowable speed limit on limited access
372	highways is 70 miles per hour.
373	(b) The maximum allowable speed limit on any other highway
374	which is outside an urban area of 5,000 or more persons and
375	which has at least four lanes divided by a median strip is 65
376	miles per hour.
377	(c) The Department of Transportation is authorized to set
378	such maximum and minimum speed limits for travel over other
379	roadways under its authority as it deems safe and advisable, not
380	to exceed as a maximum limit 60 miles per hour.
381	(3) Violation of the speed limits established under this
382	section must be cited as a moving violation, punishable as
383	provided in chapter 318.
384	Section 8. Section 316.189, Florida Statutes, is amended
385	to read:
386	316.189 Establishment of municipal and county speed
387	zones.--
388	(1) MUNICIPAL SPEED.--The maximum speed within any
389	municipality is 30 miles per hour. With respect to residence
390	districts, a municipality may set a maximum speed limit of 20 or
391	25 miles per hour on local streets and highways after an
392	investigation determines that such a limit is reasonable. It
393	shall not be necessary to conduct a separate investigation for
394	each residence district. A municipality may set speed zones
395	altering the speed limit, both as to maximum, not to exceed 60
396	miles per hour, and minimum, after investigation determines such
397	a change is reasonable and in conformity to criteria promulgated
398	by the Department of Transportation, except that no changes
399	shall be made on state highways or connecting links or
400	extensions thereof, which shall be changed only by the
401	Department of Transportation.
402	(2) SPEED ON COUNTY ROADS.--The maximum speed on any
403	county-maintained road is:
404	(a) In any business or residence district, 30 miles per
405	hour in the daytime or nighttime; provided that with respect to
406	residence districts a county may set a maximum speed limit of 25
407	miles per hour after an investigation determines that such a
408	limit is reasonable; and it shall not be necessary to conduct a
409	separate investigation in each residence district.
410	(b) On any other part of a county road not a business or
411	residence district, as set forth in s. 316.183.
412
413	However, the board of county commissioners may set speed zones
414	altering such speeds, both as to maximum and minimum, after
415	investigation determines such a change is reasonable and in
416	conformity to criteria promulgated by the Department of
417	Transportation, except that no such speed zone shall permit a
418	speed of more than 60 miles per hour.
419	(3) POSTING OF SPEED LIMITS.--All speed zones shall be
420	posted with clearly legible signs. No change in speeds from 30
421	miles per hour or from those established in s. 316.183 shall
422	take effect until the zone is posted by the authority changing
423	the speed pursuant to this section and s. 316.187. All signs
424	which limit or establish speed limits, maximum and minimum,
425	shall be so placed and so painted as to be plainly visible and
426	legible in daylight or in darkness when illuminated by
427	headlights.
428	(4) PENALTY.--Violation of the speed limits established
429	under this section must be cited as a moving violation,
430	punishable as provided in chapter 318.
431	Section 9. Section 316.1895, Florida Statutes, is amended
432	to read:
433	316.1895 Establishment of school speed zones, enforcement;
434	designation.--
435	(1)(a) The Department of Transportation, pursuant to the
436	authority granted under s. 316.0745, shall adopt a uniform
437	system of traffic control devices and pedestrian control devices
438	for use on the streets and highways in the state surrounding all
439	schools, public and private.
440	(b) The Department of Transportation shall compile,
441	publish, and transmit a manual containing all specifications and
442	requirements with respect to the system of devices established
443	pursuant to paragraph (a) to the governing body of each county
444	and municipality in the state, and the Department of
445	Transportation and each county and municipality in the state
446	shall install and maintain such traffic and pedestrian control
447	devices in conformity with such uniform system.
448	(2) Upon request from the appropriate local government,
449	the Department of Transportation shall install and maintain such
450	traffic and pedestrian control devices on state-maintained roads
451	as prescribed in this section for all prekindergarten early-
452	intervention schools that receive federal funding through the
453	Headstart program.
454	(3)(a) A school zone located on a state-maintained primary
455	or secondary road shall be maintained by the Department of
456	Transportation. However, nothing herein shall prohibit the
457	Department of Transportation from entering into agreements with
458	counties or municipalities whereby the local governmental
459	entities would maintain specified school zones on state-
460	maintained primary or secondary roads.
461	(b) The county shall have the responsibility to maintain a
462	school zone located outside of any municipality and on a county
463	road.
464	(c) A municipality shall have the responsibility to
465	maintain a school zone located in a municipality.
466	(d) For the purposes of this section, the term
467	"maintained" with respect to any school zone means the care and
468	maintenance of all school zone signs, markers, traffic control
469	devices, and pedestrian control devices.
470	(4)(a) A school zone maintained by a county shall be
471	periodically inspected by the county sheriff's office or any
472	other qualified agent to determine whether or not the school
473	zone is being properly maintained.
474	(b) A school zone maintained by a municipality shall be
475	periodically inspected by the municipal police department or any
476	other qualified agent to determine whether or not the school
477	zone is being properly maintained.
478	(5) A school zone speed limit may not be less than 15
479	miles per hour except by local regulation. No school zone speed
480	limit shall be more than 20 miles per hour in an urbanized area,
481	as defined in s. 334.03. Such speed limit may be in force only
482	during those times 30 minutes before, during, and 30 minutes
483	after the periods of time when pupils are arriving at a
484	regularly scheduled breakfast program or a regularly scheduled
485	school session and leaving a regularly scheduled school session.
486	(6) Permanent signs designating school zones and school
487	zone speed limits shall be uniform in size and color, and shall
488	have the times during which the restrictive speed limit is
489	enforced clearly designated thereon. The Department of
490	Transportation shall establish adequate standards for the signs.
491	(7) Portable signs designating school zones and school
492	zone speed limits shall be uniform in size and color. Such signs
493	shall be erected on the roadway only during those hours when
494	pupils are arriving at and leaving regularly scheduled school
495	sessions. The Department of Transportation shall establish
496	adequate standards for the signs.
497	(8) Nothing herein shall prohibit the use of automatic
498	traffic control devices for the control of vehicular and
499	pedestrian traffic at school crossings in lieu of permanent or
500	portable school zone signs. The Department of Transportation
501	shall establish standards for automatic flashing signals.
502	(9) All flags, belts, apparel, and devices issued,
503	supplied, or furnished to pupils or persons acting in the
504	capacity of school safety patrols, special school police, or
505	special police appointed to control and direct traffic at or
506	near schools, when used during periods of darkness, shall be
507	made at least in part with retroreflective materials so as to be
508	visible at night at 300 feet to approaching motorists when
509	viewed under lawful low-beam headlights.
510	(10) A person may not drive a vehicle on a roadway
511	designated as a school zone at a speed greater than that posted
512	in the school zone in accordance with this section. Violation of
513	the speed limits established pursuant to this section must be
514	cited as a moving violation, punishable as provided in chapter
515	318.
516	Section 10. Subsection (2) of section 316.2074, Florida
517	Statutes, is amended to read:
518	316.2074 All-terrain vehicles.--
519	(2) As used in this section, the term "all-terrain
520	vehicle" means any motorized off-highway vehicle 50 inches or
521	less in width, having a dry weight of 900 pounds or less,
522	designed to travel on three or more low-pressure tires, having a
523	seat designed to be straddled by the operator and handlebars for
524	steering control, and intended for use by a single operator with
525	no passenger. For purposes of this section, "all-terrain
526	vehicle" also includes any two-rider ATV as defined in s.
527	317.0003.
528	Section 11. Subsection (1) of section 316.605, Florida
529	Statutes, is amended to read:
530	316.605 Licensing of vehicles.--
531	(1) Every vehicle, at all times while driven, stopped, or
532	parked upon any highways, roads, or streets of this state, shall
533	be licensed in the name of the owner thereof in accordance with
534	the laws of this state unless such vehicle is not required by
535	the laws of this state to be licensed in this state and shall,
536	except as otherwise provided in s. 320.0706 for front-end
537	registration license plates on truck tractors or wreckers,
538	display the license plate or both of the license plates assigned
539	to it by the state, one on the rear and, if two, the other on
540	the front of the vehicle, each to be securely fastened to the
541	vehicle outside the main body of the vehicle in such manner as
542	to prevent the plates from swinging, with all letters, numerals,
543	printing, writing, and other identification marks upon the
544	plates clear and distinct and free from defacement, mutilation,
545	grease, and other obscuring matter, so that they will be plainly
546	visible and legible at all times 100 feet from the rear or
547	front. Further, when only one registration plate is issued for a
548	motor vehicle and that motor vehicle has a mechanical loading
549	device that may damage the plate, the plate may be attached to
550	the front of the vehicle.Nothing shall be placed upon the face
551	of a Florida plate except as permitted by law or by rule or
552	regulation of a governmental agency. No license plates other
553	than those furnished by the state shall be used. However, if the
554	vehicle is not required to be licensed in this state, the
555	license plates on such vehicle issued by another state, by a
556	territory, possession, or district of the United States, or by a
557	foreign country, substantially complying with the provisions
558	hereof, shall be considered as complying with this chapter.
559	Government license plates that are issued to any truck tractor
560	or heavy truck owned by a government entity with a GVWR of
561	26,001 or more may be placed on the front of the vehicle and
562	shall be considered as complying with this chapter.A violation
563	of this subsection is a noncriminal traffic infraction,
564	punishable as a nonmoving violation as provided in chapter 318.
565	Section 12. Subsection (6) of section 317.0003, Florida
566	Statutes, is amended, and subsection (9) is added to said
567	section, to read:
568	317.0003 Definitions.--As used in ss. 317.0001-317.0013,
569	the term:
570	(6) "Off-highway vehicle" means any ATV, two-rider ATV,or
571	OHM that is used off the roads or highways of this state for
572	recreational purposesand that is not registered and licensed
573	for highway use pursuant to chapter 320.
574	(9) "Two-rider ATV" means any ATV that is specifically
575	designed by the manufacturer for a single operator and one
576	passenger.
577	Section 13. Section 317.0008, Florida Statutes, is amended
578	to read:
579	317.0008 Duplicate certificate of title.--
580	(1) The department may issue a duplicate certificate of
581	title upon application by the person entitled to hold such a
582	certificate if the department is satisfied that the original
583	certificate has been lost, destroyed, or mutilated. A fee of $15
584	shall be charged for issuing a duplicate certificate.
585	(2) In addition to the fee imposed by subsection (1), a
586	fee of $7 shall be charged for expedited service in issuing a
587	duplicate certificate of title. Application for such expedited
588	service may be made by mail or in person. The department shall
589	issue each certificate of title applied for under this
590	subsection within 5 working days after receipt of a proper
591	application or shall refund the additional $7 fee upon written
592	request by the applicant.
593	(2)(3)If, following the issuance of an original,
594	duplicate, or corrected certificate of title by the department,
595	the certificate is lost in transit and is not delivered to the
596	addressee, the owner of the off-highway vehicle or the holder of
597	a lien thereon may, within 180 days after the date of issuance
598	of the certificate, apply to the department for reissuance of
599	the certificate. An additional fee may not be charged for
600	reissuance under this subsection.
601	(3)(4)The department shall implement a system to verify
602	that the application is signed by a person authorized to receive
603	a duplicate certificate of title under this section if the
604	address shown on the application is different from the address
605	shown for the applicant on the records of the department.
606	Section 14. Section 317.0014, Florida Statutes, is created
607	to read:
608	317.0014 Issuance in duplicate; delivery; liens and
609	encumbrances.--
610	(1) The department shall assign a number to each
611	certificate of title and shall issue each certificate of title
612	and each corrected certificate in duplicate. The database record
613	shall serve as the duplicate title certificate required herein.
614	One printed copy may be retained on file by the department.
615	(2) A duly authorized person shall sign the original
616	certificate of title and each corrected certificate and, if
617	there are no liens or encumbrances on the off-highway vehicle,
618	as shown in the records of the department or as shown in the
619	application, shall deliver the certificate to the applicant or
620	to another person as directed by the applicant or person, agent,
621	or attorney submitting such application. If there are one or
622	more liens or encumbrances on the off-highway vehicle, the
623	certificate shall be delivered by the department to the first
624	lienholder as shown by department records or to the owner as
625	indicated in the notice of lien filed by the first lienholder.
626	If the notice of lien filed by the first lienholder indicates
627	that the certificate should be delivered to the first
628	lienholder, the department shall deliver to the first
629	lienholder, along with the certificate, a form to be
630	subsequently used by the lienholder as a satisfaction. If the
631	notice of lien filed by the first lienholder directs the
632	certificate of title to be delivered to the owner, then, upon
633	delivery of the certificate of title by the department to the
634	owner, the department shall deliver to the first lienholder
635	confirmation of the receipt of the notice of lien and the date
636	the certificate of title was issued to the owner at the owner's
637	address shown on the notice of lien and a form to be
638	subsequently used by the lienholder as a satisfaction. If the
639	application for certificate shows the name of a first lienholder
640	different from the name of the first lienholder as shown by the
641	records of the department, the certificate shall not be issued
642	to any person until after all parties who appear to hold a lien
643	and the applicant for the certificate have been notified of the
644	conflict in writing by the department by certified mail. If the
645	parties do not amicably resolve the conflict within 10 days
646	after the date such notice was mailed, then the department shall
647	serve notice in writing by certified mail on all persons
648	appearing to hold liens on that particular vehicle, including
649	the applicant for the certificate, to show cause within 15 days
650	after the date the notice is mailed why it should not issue and
651	deliver the certificate to the person indicated in the notice of
652	lien filed by the lienholder whose name appears in the
653	application as the first lienholder without showing any lien or
654	liens as outstanding other than those appearing in the
655	application or those which may have been filed subsequent to the
656	filing of the application for the certificate. If, within the
657	15-day period, any person other than the lienholder shown in the
658	application or a party filing a subsequent lien, in answer to
659	such notice to show cause, appears in person or by a
660	representative, or responds in writing, and files a written
661	statement under oath that his or her lien on that particular
662	vehicle is still outstanding, the department shall not issue the
663	certificate to anyone until after such conflict has been settled
664	by the lien claimants involved or by a court of competent
665	jurisdiction. If the conflict is not settled amicably within 10
666	days after the final date for filing an answer to the notice to
667	show cause, the complaining party shall have 10 days to obtain a
668	ruling, or a stay order, from a court of competent jurisdiction.
669	If no ruling or stay order is issued and served on the
670	department within the 10-day period, the department shall issue
671	the certificate showing no liens except those shown in the
672	application or thereafter filed to the original applicant if
673	there are no liens shown in the application and none are
674	thereafter filed, or to the person indicated in the notice of
675	lien filed by the lienholder whose name appears in the
676	application as the first lienholder if there are liens shown in
677	the application or thereafter filed. A duplicate certificate or
678	corrected certificate shall only show such lien or liens as were
679	shown in the application and subsequently filed liens that may
680	be outstanding.
681	(3) Except as provided in subsection (4), the certificate
682	of title shall be retained by the first lienholder or the owner
683	as indicated in the notice of lien filed by the first
684	lienholder. If the first lienholder is in possession of the
685	certificate, the first lienholder shall be entitled to retain
686	the certificate until the first lien is satisfied.
687	(4) If the owner of the vehicle, as shown on the title
688	certificate, desires to place a second or subsequent lien or
689	encumbrance against the vehicle when the title certificate is in
690	the possession of the first lienholder, the owner shall send a
691	written request to the first lienholder by certified mail, and
692	such first lienholder shall forward the certificate to the
693	department for endorsement. If the title certificate is in the
694	possession of the owner, the owner shall forward the certificate
695	to the department for endorsement. The department shall return
696	the certificate to either the first lienholder or to the owner,
697	as indicated in the notice of lien filed by the first
698	lienholder, after endorsing the second or subsequent lien on the
699	certificate and on the duplicate. If the first lienholder or
700	owner fails, neglects, or refuses to forward the certificate of
701	title to the department within 10 days after the date of the
702	owner's request, the department, on the written request of the
703	subsequent lienholder or an assignee thereof, shall demand of
704	the first lienholder the return of such certificate for the
705	notation of the second or subsequent lien or encumbrance.
706	(5)(a) Upon satisfaction of any first lien or encumbrance
707	recorded at the department, the owner of the vehicle, as shown
708	on the title certificate, or the person satisfying the lien
709	shall be entitled to demand and receive from the lienholder a
710	satisfaction of the lien. If the lienholder, upon satisfaction
711	of the lien and upon demand, fails or refuses to furnish a
712	satisfaction thereof within 30 days after demand, he or she
713	shall be held liable for all costs, damages, and expenses,
714	including reasonable attorney's fees, lawfully incurred by the
715	titled owner or person satisfying the lien in any suit brought
716	in this state for cancellation of the lien. The lienholder
717	receiving final payment as defined in s. 674.215 shall mail or
718	otherwise deliver a lien satisfaction and the certificate of
719	title indicating the satisfaction within 10 working days after
720	receipt of such final payment or notify the person satisfying
721	the lien that the title is not available within 10 working days
722	after receipt of such final payment. If the lienholder is unable
723	to provide the certificate of title and notifies the person of
724	such, the lienholder shall provide a lien satisfaction and shall
725	be responsible for the cost of a duplicate title, including fast
726	title charges as provided in s. 317.0016. The provisions of this
727	paragraph shall not apply to electronic transactions pursuant to
728	subsection (8).
729	(b) Following satisfaction of a lien, the lienholder shall
730	enter a satisfaction thereof in the space provided on the face
731	of the certificate of title. If the certificate of title was
732	retained by the owner, the owner shall, within 5 days after the
733	satisfaction of a lien, deliver the certificate of title to the
734	lienholder and the lienholder shall enter a satisfaction thereof
735	in the space provided on the face of the certificate of title.
736	If there are no subsequent liens shown thereon, the certificate
737	shall be delivered by the lienholder to the person satisfying
738	the lien or encumbrance and an executed satisfaction on a form
739	provided by the department shall be forwarded to the department
740	by the lienholder within 10 days after satisfaction of the lien.
741	(c) If the certificate of title shows a subsequent lien
742	not then being discharged, an executed satisfaction of the first
743	lien shall be delivered by the lienholder to the person
744	satisfying the lien and the certificate of title showing
745	satisfaction of the first lien shall be forwarded by the
746	lienholder to the department within 10 days after satisfaction
747	of the lien.
748	(d) If, upon receipt of a title certificate showing
749	satisfaction of the first lien, the department determines from
750	its records that there are no subsequent liens or encumbrances
751	upon the vehicle, the department shall forward to the owner, as
752	shown on the face of the title, a corrected certificate showing
753	no liens or encumbrances. If there is a subsequent lien not
754	being discharged, the certificate of title shall be reissued
755	showing the second or subsequent lienholder as the first
756	lienholder and shall be delivered to either the new first
757	lienholder or to the owner as indicated in the notice of lien
758	filed by the new first lienholder. If the certificate of title
759	is to be retained by the first lienholder on the reissued
760	certificate, the first lienholder shall be entitled to retain
761	the certificate of title except as provided in subsection (4)
762	until his or her lien is satisfied. Upon satisfaction of the
763	lien, the lienholder shall be subject to the procedures required
764	of a first lienholder by subsection (4) and this subsection.
765	(6) When the original certificate of title cannot be
766	returned to the department by the lienholder and evidence
767	satisfactory to the department is produced that all liens or
768	encumbrances have been satisfied, upon application by the owner
769	for a duplicate copy of the certificate on the form prescribed
770	by the department and accompanied by the fee prescribed in this
771	chapter, a duplicate copy of the certificate of title, without
772	statement of liens or encumbrances, shall be issued by the
773	department and delivered to the owner.
774	(7) Any person who fails, within 10 days after receipt of
775	a demand by the department by certified mail, to return a
776	certificate of title to the department as required by subsection
777	(4) or who, upon satisfaction of a lien, fails within 10 days
778	after receipt of such demand to forward the appropriate document
779	to the department as required by paragraph (5)(b) or paragraph
780	(5)(c) commits a misdemeanor of the second degree, punishable as
781	provided in s. 775.082 or s. 775.073.
782	(8) Notwithstanding any requirements in this section or in
783	s. 319.27 indicating that a lien on a vehicle shall be noted on
784	the face of the Florida certificate of title, if there are one
785	or more liens or encumbrances on the off-highway vehicle, the
786	department may electronically transmit the lien to the first
787	lienholder and notify the first lienholder of any additional
788	liens. Subsequent lien satisfactions may be electronically
789	transmitted to the department and shall include the name and
790	address of the person or entity satisfying the lien. When
791	electronic transmission of liens and lien satisfactions are
792	used, the issuance of a certificate of title may be waived until
793	the last lien is satisfied and a clear certificate of title is
794	issued to the owner of the vehicle.
795	(9) The department shall, in the sending of any notice,
796	only be required to use the last known address as shown by its
797	records.
798	Section 15. Section 317.0015, Florida Statutes, is created
799	to read:
800	317.0015 Application of law.--The provisions of ss.
801	319.235, 319.241, 319.25, 319.27, 319.28, and 319.40 shall apply
802	to all off-highway vehicles which are required to be titled by
803	the provisions of this chapter.
804	Section 16. Section 317.0016, Florida Statutes, is created
805	to read:
806	317.0016 Expedited service; applications; fees.--The
807	department shall establish a separate title office which may be
808	utilized by private citizens to receive expedited service on
809	title transfers, title issuances, duplicate titles, and
810	recording of liens and certificates of repossession. A fee of $7
811	shall be charged for this service, which is in addition to the
812	fees imposed by ss. 317.0007 and 317.0008, and $3.50 of this fee
813	shall be retained by the processing agency. All remaining fees
814	shall be deposited in the Incidental Trust Fund of the Division
815	of Forestry of the Department of Agriculture and Consumer
816	Services. Application for such expedited service may be made by
817	mail or in person. The department shall issue each title applied
818	for pursuant to this section within 5 working days after receipt
819	of the application, except for an application for a duplicate
820	title certificate covered by s. 317.0008(3), in which case the
821	title must be issued within 5 working days after compliance with
822	the department's verification requirements.
823	Section 17. Section 317.0017, Florida Statutes, is created
824	to read:
825	317.0017 Offenses involving vehicle identification
826	numbers, applications, certificates, papers; penalty.--
827	(1) It is unlawful:
828	(a) To alter or forge any certificate of title to an off-
829	highway vehicle or any assignment thereof or any cancellation of
830	any lien on an off-highway vehicle.
831	(b) To retain or use such certificate, assignment, or
832	cancellation knowing that it has been altered or forged.
833	(c) To procure or attempt to procure a certificate of
834	title to an off-highway vehicle, or pass or attempt to pass a
835	certificate of title or any assignment thereof to an off-highway
836	vehicle, knowing or having reason to believe that such off-
837	highway vehicle has been stolen.
838	(d) To possess, sell or offer for sale, conceal, or
839	dispose of in this state an off-highway vehicle, or major
840	component part thereof, on which any motor number or vehicle
841	identification number that has been affixed by the manufacturer
842	or by a state agency, has been destroyed, removed, covered,
843	altered, or defaced, with knowledge of such destruction,
844	removal, covering, alteration, or defacement, except as provided
845	in s. 319.30(4).
846	(e) To use a false or fictitious name, give a false or
847	fictitious address, or make any false statement in any
848	application or affidavit required under the provisions of this
849	chapter or in a bill of sale or sworn statement of ownership or
850	otherwise commit a fraud in any application.
851	(2) It is unlawful for any person knowingly to obtain
852	goods, services, credit, or money by means of an invalid,
853	duplicate, fictitious, forged, counterfeit, stolen, or
854	unlawfully obtained certificate of title, registration, bill of
855	sale, or other indicia of ownership of an off-highway vehicle.
856	(3) It is unlawful for any person knowingly to obtain
857	goods, services, credit, or money by means of a certificate of
858	title to an off-highway vehicle, which certificate is required
859	by law to be surrendered to the department.
860	(4) It is unlawful for any person knowingly and with
861	intent to defraud to have in his or her possession, sell, offer
862	to sell, counterfeit, or supply a blank, forged, fictitious,
863	counterfeit, stolen, or fraudulently or unlawfully obtained
864	certificate of title, bill of sale, or other indicia of
865	ownership of an off-highway vehicle or to conspire to do any of
866	the foregoing.
867	(5) It is unlawful for any person, firm, or corporation to
868	knowingly possess, manufacture, sell or exchange, offer to sell
869	or exchange, supply in blank, or give away any counterfeit
870	manufacturer's or state-assigned identification number plates or
871	serial plates or any decal used for the purpose of
872	identification of any off-highway vehicle; or for any officer,
873	agent, or employee of any person, firm, or corporation, or any
874	person who shall authorize, direct, aid in exchange, or give
875	away such counterfeit manufacturer's or state-assigned
876	identification number plates or serial plates or any decal; or
877	conspire to do any of the foregoing. However, nothing in this
878	subsection shall be applicable to any approved replacement
879	manufacturer's or state-assigned identification number plates,
880	serial plates, or any decal issued by the department or any
881	state.
882	(6) Any person who violates any provision of this section
883	commits a felony of the third degree, punishable as provided in
884	s. 775.082, s. 775.083, or s. 775.084. Any off-highway vehicle
885	used in violation of this section shall constitute contraband
886	which may be seized by a law enforcement agency and shall be
887	subject to forfeiture proceedings pursuant to ss. 932.701-
888	932.704. This section is not exclusive of any other penalties
889	prescribed by any existing or future laws for the larceny or
890	unauthorized taking of off-highway vehicles, but is
891	supplementary thereto.
892	Section 18. Section 317.0018, Florida Statutes, is created
893	to read:
894	317.0018 Transfer without delivery of certificate;
895	operation or use without certificate; failure to surrender;
896	other violations.--Whoever, except as otherwise provided for in
897	this chapter, purports to sell or transfer an off-highway
898	vehicle without delivering to the purchaser or transferee
899	thereof a certificate of title thereto duly assigned to such
900	purchaser as provided in this chapter or operates or uses in
901	this state an off-highway vehicle for which a certificate of
902	title is required without such certificate having been obtained
903	in accordance with the provisions of this chapter, or upon which
904	the certificate of title has been canceled; whoever fails to
905	surrender any certificate of title upon cancellation of the same
906	by the department and notice thereof as prescribed in this
907	chapter; whoever fails to surrender the certificate of title to
908	the department as provided in this chapter in case of the
909	destruction or dismantling or change of an off-highway vehicle
910	in such respect that it is not the off-highway vehicle described
911	in the certificate of title; or whoever violates any of the
912	other provisions of this chapter, or any lawful rule adopted
913	pursuant to the provisions of this chapter, shall be fined not
914	more than $500 or imprisoned for not more than 6 months, or
915	both, for each offense.
916	Section 19. Section 318.1215, Florida Statutes, is amended
917	to read:
918	318.1215 Dori Slosberg Driver Education Safety
919	Act.--Effective October 1, 2002, notwithstanding the provisions
920	of s. 318.121, a board of county commissioners may require, by
921	ordinance, that the clerk of the court collect an additional $3
922	with each civil traffic penalty, which shall be used to fund
923	drivertrafficeducation programs in public and nonpublic
924	schools. The ordinance shall provide for the board of county
925	commissioners to administer the funds, which shall be used for
926	enhancement, and not replacement, of driver education program
927	funds. The funds shall be used for direct educational expenses
928	and shall not be used for administration. Each driver education
929	program receiving funds pursuant to this section shall require
930	that a minimum of 30 percent of a student's time in the program
931	shall be behind-the-wheel training.This section may be cited as
932	the "Dori Slosberg Driver Education Safety Act."
933	Section 20. Subsection (6) of section 319.23, Florida
934	Statutes, is amended to read:
935	319.23 Application for, and issuance of, certificate of
936	title.--
937	(6) In the case of the sale of a motor vehicle or mobile
938	home by a licensed dealer to a general purchaser, the
939	certificate of title shall be obtained in the name of the
940	purchaser by the dealer upon application signed by the
941	purchaser, and in each other case such certificate shall be
942	obtained by the purchaser. In each case of transfer of a motor
943	vehicle or mobile home, the application for certificate of
944	title, or corrected certificate, or assignment or reassignment,
945	shall be filed within 30 days from the delivery of such motor
946	vehicle or mobile home to the purchaser. An applicant shall be
947	required to pay a fee of $10, in addition to all other fees and
948	penalties required by law, for failing to file such application
949	within the specified time. When a licensed dealer takes a motor
950	vehicle or mobile home in trade, the dealer must file with the
951	department a notice of sale signed by the seller. The department
952	shall then update its database for that title record to reflect
953	"sold."A licensed dealer need not apply for a certificate of
954	title for any motor vehicle or mobile home in stock acquired for
955	stock purposes except as provided in s. 319.225.
956	Section 21. Paragraph (e) of subsection (1) of section
957	319.30, Florida Statutes, is amended to read:
958	319.30 Definitions; dismantling, destruction, change of
959	identity of motor vehicle or mobile home; salvage.--
960	(1) As used in this section, the term:
961	(e) "Major component parts" means:
962	1. For motor vehicles other than motorcycles, the front-
963	end assembly (fenders, hood, grill, and bumper), cowl assembly,
964	rear body section (both quarter panels, trunk lid, door,
965	decklid, and bumper), floor pan, door assemblies, engine, frame,
966	transmission, chassis connected to a frame,and airbag.
967	2. For trucks, in addition to those parts listed in
968	subparagraph 1., any truck bed, including dump, wrecker, crane,
969	mixer, cargo box, or any bed which mounts to a truck frame.
970	3. For motorcycles, the body assembly, frame, fenders, gas
971	tanks, engine, cylinder block, heads, engine case, crank case,
972	transmission, drive train, front fork assembly, and wheels.
973	4. For mobile homes, the frame.
974	Section 22. Effective July 1, 2003, subsection (6) of
975	section 320.055, Florida Statutes, is amended to read:
976	320.055 Registration periods; renewal periods.--The
977	following registration periods and renewal periods are
978	established:
979	(6) For those vehicles subject to registration under s.
980	320.08(6)(a) which are not short-term rental vehicles, the
981	department shall develop and implement a registration renewal
982	system that, where practicable, evenly distributes the
983	registration renewal period throughout the year. For a vehicle
984	subject to this registration period, the renewal period is the
985	first month of the assigned registration period. All original
986	and transfer transactions of long-term leased motor vehicles
987	must be registered in the name of the lessee.
988	Section 23. Section 320.0605, Florida Statutes, is amended
989	to read:
990	320.0605 Certificate of registration; possession required;
991	exception.--The registration certificate or an official copy
992	thereof, a true copy of a rental or lease agreement issued for a
993	motor vehicle or issued for a replacement vehicle in the same
994	registration period, a temporary receipt printed upon self-
995	initiated electronic renewal of a registration via the Internet,
996	or a cab card issued for a vehicle registered under the
997	International Registration Plan shall, at all times while the
998	vehicle is being used or operated on the roads of this state, be
999	in the possession of the operator thereof or be carried in the
1000	vehicle for which issued and shall be exhibited upon demand of
1001	any authorized law enforcement officer or any agent of the
1002	department, except for vehicles registered under s. 320.0657.
1003	The provisions of this section do not apply during the first 30
1004	days after purchase of a replacement vehicle. A violation of
1005	this section is a noncriminal traffic infraction, punishable as
1006	a nonmoving violation as provided in chapter 318.
1007	Section 24. Paragraph (e) is added to subsection (3) of
1008	section 320.07, Florida Statutes, present subsection (5) is
1009	renumbered as subsection (7), and new subsections (5) and (6)
1010	are added to said section, to read:
1011	320.07 Expiration of registration; annual renewal required;
1012	penalties.--
1013	(3) The operation of any motor vehicle without having
1014	attached thereto a registration license plate and validation
1015	stickers, or the use of any mobile home without having attached
1016	thereto a mobile home sticker, for the current registration
1017	period shall subject the owner thereof, if he or she is present,
1018	or, if the owner is not present, the operator thereof to the
1019	following penalty provisions:
1020	(e) Any service member, as defined in subsection (6),
1021	whose mobile home registration has expired while serving on
1022	active duty shall not be charged with a violation of this
1023	subsection if, at the time of the offense, the service member
1024	was serving on federal or state active duty more than 35 miles
1025	from the service member's home of record prior to entering
1026	active duty. The service member must present to the department
1027	either a copy of the official military orders or a written
1028	verification signed by the service member's commanding officer
1029	to waive charges.
1030	(5) Any service member, as defined in subsection (6),
1031	whose motor vehicle or mobile home registration has expired
1032	while serving on active duty, shall be able to renew his or her
1033	registration upon return from active duty without penalty, if
1034	the service member served on federal or state active duty more
1035	than 35 miles from the service member's home of record prior to
1036	entering active duty. The service member must provide to the
1037	department either a copy of the official military orders or a
1038	written verification signed by the service member's commanding
1039	officer to waive delinquent fees.
1040	(6) As used in this section, "service member" means any
1041	person serving as a member of the United States Armed Forces on
1042	active duty or state active duty and all members of the Florida
1043	National Guard and the United States Reserve Forces.
1044	(7)(5)Delinquent fees imposed under this section shall not
1045	be apportionable under the International Registration Plan.
1046	Section 25. Section 320.0706, Florida Statutes, is amended
1047	to read:
1048	320.0706 Display of license plates on trucks.--The owner
1049	of any commercial truck of gross vehicle weight of 26,001 pounds
1050	or more shall display the registration license plate on both the
1051	front and rear of the truck in conformance with all the
1052	requirements of s. 316.605 that do not conflict with this
1053	section. However, the owner of a truck tractor shall be required
1054	to display the registration license plate only on the front of
1055	such vehicle. Wreckers shall be required to display the
1056	registration license plate only on the front of such vehicle.
1057	Section 26. Section 320.08053, Florida Statutes, is
1058	amended to read:
1059	320.08053 Requirements for requests to establish specialty
1060	license plates.--
1061	(1) An organization that seeks authorization to establish
1062	a new specialty license plate for which an annual use fee is to
1063	be charged must submit to the department:
1064	(a) A request for the particular specialty license plate
1065	being sought, describing the proposed specialty license plate in
1066	specificgeneral terms, including a sample plate as it will
1067	appear in final form and conforming to the specifications set by
1068	the department and this chapter.
1069	(b) A financial analysis outlining the anticipated
1070	revenues and the planned expenditures of the revenues to be
1071	derived from the sale of the requested specialty license plate
1072	The results of a scientific sample survey of Florida motor
1073	vehicle owners that indicates at least 15,000 motor vehicle
1074	owners intend to purchase the proposed specialty license plate
1075	at the increased cost. The sample survey of registered motor
1076	vehicle owners must be performed independently of the requesting
1077	organization by an organization that conducts similar sample
1078	surveys as a normal course of business. Prior to conducting a
1079	sample survey for the purposes of this section, a requesting
1080	organization must obtain a determination from the department
1081	that the organization selected to conduct the survey performs
1082	similar surveys as a normal course of business and is
1083	independent of the requesting organization.
1084	(c) An application fee, not to exceed $60,000, to defray
1085	the department's cost for reviewing the application and
1086	developing the specialty license plate, if authorized. State
1087	funds may not be used to pay the application fee, except for
1088	collegiate specialty license plates authorized in s.
1089	320.08058(3) and (13). The specialty license plate application
1090	provisions of this act shall not apply to any organization which
1091	has requested and received the required forms for obtaining a
1092	specialty license plate authorization from the Department of
1093	Highway Safety and Motor Vehicles, has opened a bank account for
1094	the funds collected for the specialty license tag and has made
1095	deposits to such an account, and has obtained signatures toward
1096	completing the requirements for the specialty license tag. All
1097	applications requested on or after the effective date of this
1098	act must meet the requirements of this act.
1099	(d) A marketing strategy outlining short-term and long-
1100	term marketing plans for the requested specialty license plate
1101	and a financial analysis outlining the anticipated revenues and
1102	the planned expenditures of the revenues to be derived from the
1103	sale of the requested specialty license plates.
1104
1105	The information required under this subsection must be submitted
1106	to the department at least 90 days before the convening of the
1107	next regular session of the Legislature.
1108	(2) From the date the request for the specialty license
1109	plate is acknowledged in writing by the department, the
1110	organization seeking to establish the new plate shall have 24
1111	months to submit to the department no less than 8,000 prepaid
1112	applications for the particular plate being proposed along with
1113	any necessary fees. Applications submitted to the department
1114	must:
1115	(a) Include the applicant's name, address, and the current
1116	Florida license plate number that is to be replaced by the
1117	proposed specialty license plate.
1118	(b) Be forwarded to the department, collectively, in
1119	electronic format as determined by the department.
1120	(c) Be accompanied by all prepayments for the proposed
1121	specialty license plate collected by the organization.
1122	(3) Upon compliance with subsection (2), the organization
1123	requesting the specialty license plate may seek legislative
1124	approval of the plate. From the date of enactment of the
1125	specialty license plate by the Legislature, the department shall
1126	begin issuing the approved plates within 1 year to all prepaid
1127	applicants and provide additional plates for purchase. Upon
1128	enactment of the specialty license plate, the department is
1129	authorized to retain prepayment amounts sufficient to cover the
1130	costs incurred developing the plate; however, the department may
1131	not retain an amount greater than $60,000. If the proposed
1132	specialty license plate is not enacted by the Legislature, the
1133	department shall return to the organization all applications and
1134	prepayments submitted by the organization, and the organization
1135	shall immediately refund to all applicants any payments that
1136	have been collected.
1137	(4) If, after 24 months, the organization seeking to
1138	establish the new specialty license plate has not obtained at
1139	least 8,000 prepaid applications, the organization shall
1140	immediately refund to all applicants any fees or deposits that
1141	have been collected.
1142	(5) After the department has acknowledged in writing the
1143	organization's request to establish a new specialty license
1144	plate, the organization requesting the plate shall file
1145	quarterly financial reports to the department detailing all
1146	collections made in conjunction with the proposed plate. The
1147	department shall determine the form and content of the reports.
1148	All payments collected must be deposited in a separate account
1149	maintained by the organization solely for receipt of prepaid
1150	application fees and shall not be commingled with other funds of
1151	the organization. The department is authorized to conduct any
1152	audits necessary to verify the accuracy of the quarterly reports
1153	If the specialty license plate requested by the organization is
1154	approved by law, the organization must submit the proposed art
1155	design for the specialty license plate to the department as soon
1156	as practicable, but no later than 60 days after the act
1157	approving the specialty license plate becomes a law. If the
1158	specialty license plate requested by the organization is not
1159	approved by the Legislature, the application fee shall be
1160	refunded to the requesting organization.
1161	Section 27. Subsection (8) of section 320.08056, Florida
1162	Statutes, is amended to read:
1163	320.08056 Specialty license plates.--
1164	(8)(a) The department must discontinue the issuance of an
1165	approved specialty license plate if, after the second year of
1166	sales, the number of currently outstanding and valid specialty
1167	license plates for any particular organization provided for in
1168	this chapter is less than 8,000. The department shall notify the
1169	organization that if the number is less than 8,000 1 year after
1170	the date of the notification, the department will no longer
1171	issue or replace those specialty license plates.:
1172	1. Less than 8,000 plates, including annual renewals, are
1173	issued for that specialty license plate by the end of the 5th
1174	year of sales.
1175	2. Less than 8,000 plates, including annual renewals, are
1176	issued for that specialty license plate during any subsequent 5-
1177	year period.
1178	(b) The department is authorized to discontinue the
1179	issuance of a specialty license plate and distribution of
1180	associated annual use fee proceeds if the organization no longer
1181	exists, if the organization has stopped providing services that
1182	are authorized to be funded from the annual use fee proceeds, or
1183	pursuant to an organizational recipient's request. Organizations
1184	are required to notify the department immediately to stop all
1185	warrants for plate sales if any of the conditions in this
1186	section exist, and must meet the requirements of s. 320.08062
1187	for any period of operation during a fiscal year.
1188	(c) The requirements of paragraph (a) shall not apply to
1189	collegiate specialty license plates authorized in s.
1190	320.08058(3),(13), (21), and (26).
1191	Section 28. Subsection (1) of section 320.0821, Florida
1192	Statutes, is amended, and subsection (5) is added to said
1193	section, to read:
1194	320.0821 Wrecker license plates.--
1195	(1) The department shall issue oneawrecker license
1196	plate, regardless of gross vehicle weight,to the owner of any
1197	motor vehicle that is used to tow, carry, or otherwise transport
1198	motor vehicles and that is equipped for that purpose with a
1199	boom, winch, carrier, or other similar equipment, except a motor
1200	vehicle registered under the International Registration Plan,
1201	upon application and payment of the appropriate license tax and
1202	fees in accordance with s. 320.08(5)(d) or (e).
1203	(5) A wrecker license plate shall be displayed on the
1204	front of such vehicle.
1205	Section 29. Subsection (8) is added to section 320.131,
1206	Florida Statutes, to read:
1207	320.131 Temporary tags.--
1208	(8) The department may administer an electronic system for
1209	licensed motor vehicle dealers to use in issuing temporary tags.
1210	Upon issuing a temporary tag, the dealer shall access the
1211	electronic system and enter the appropriate vehicle and owner
1212	information within the timeframe specified by department rule.
1213	If a dealer fails to comply with the department's requirements
1214	for issuing temporary tags using the electronic system, the
1215	department may deny, suspend, or revoke a license issued
1216	pursuant to s. 320.27(9)(b)16. upon proof that a licensee has
1217	failed to comply with this subsection.
1218	Section 30. Subsection (6) and paragraph (b) of subsection
1219	(9) of section 320.27, Florida Statutes, are amended to read:
1220	320.27 Motor vehicle dealers.--
1221	(6) RECORDS TO BE KEPT BY LICENSEE.--Every licensee shall
1222	keep a book or record in such form as shall be prescribed or
1223	approved by the department, for a period of 5 years, in which
1224	the licensee shall keep a record of the purchase, sale, or
1225	exchange, or receipt for the purpose of sale, of any motor
1226	vehicle, the date upon which any temporary tag was issued, the
1227	date of title transfer, and a description of such motor vehicle
1228	together with the name and address of the seller, the purchaser,
1229	and the alleged owner or other person from whom such motor
1230	vehicle was purchased or received or to whom it was sold or
1231	delivered, as the case may be. Such description shall include
1232	the identification or engine number, maker's number, if any,
1233	chassis number, if any, and such other numbers or identification
1234	marks as may be thereon and shall also include a statement that
1235	a number has been obliterated, defaced, or changed, if such is
1236	the fact.
1237	(9) DENIAL, SUSPENSION, OR REVOCATION.--
1238	(b) The department may deny, suspend, or revoke any
1239	license issued hereunder or under the provisions of s. 320.77 or
1240	s. 320.771 upon proof that a licensee has committed, with
1241	sufficient frequency so as to establish a pattern of wrongdoing
1242	on the part of a licensee, violations of one or more of the
1243	following activities:
1244	1. Representation that a demonstrator is a new motor
1245	vehicle, or the attempt to sell or the sale of a demonstrator as
1246	a new motor vehicle without written notice to the purchaser that
1247	the vehicle is a demonstrator. For the purposes of this section,
1248	a "demonstrator," a "new motor vehicle," and a "used motor
1249	vehicle" shall be defined as under s. 320.60.
1250	2. Unjustifiable refusal to comply with a licensee's
1251	responsibility under the terms of the new motor vehicle warranty
1252	issued by its respective manufacturer, distributor, or importer.
1253	However, if such refusal is at the direction of the
1254	manufacturer, distributor, or importer, such refusal shall not
1255	be a ground under this section.
1256	3. Misrepresentation or false, deceptive, or misleading
1257	statements with regard to the sale or financing of motor
1258	vehicles which any motor vehicle dealer has, or causes to have,
1259	advertised, printed, displayed, published, distributed,
1260	broadcast, televised, or made in any manner with regard to the
1261	sale or financing of motor vehicles.
1262	4. Failure by any motor vehicle dealer to provide a
1263	customer or purchaser with an odometer disclosure statement and
1264	a copy of any bona fide written, executed sales contract or
1265	agreement of purchase connected with the purchase of the motor
1266	vehicle purchased by the customer or purchaser.
1267	5. Failure of any motor vehicle dealer to comply with the
1268	terms of any bona fide written, executed agreement, pursuant to
1269	the sale of a motor vehicle.
1270	6. Failure to apply for transfer of a title as prescribed
1271	in s. 319.23(6).
1272	7. Use of the dealer license identification number by any
1273	person other than the licensed dealer or his or her designee.
1274	8. Failure to continually meet the requirements of the
1275	licensure law.
1276	9. Representation to a customer or any advertisement to
1277	the public representing or suggesting that a motor vehicle is a
1278	new motor vehicle if such vehicle lawfully cannot be titled in
1279	the name of the customer or other member of the public by the
1280	seller using a manufacturer's statement of origin as permitted
1281	in s. 319.23(1).
1282	10. Requirement by any motor vehicle dealer that a
1283	customer or purchaser accept equipment on his or her motor
1284	vehicle which was not ordered by the customer or purchaser.
1285	11. Requirement by any motor vehicle dealer that any
1286	customer or purchaser finance a motor vehicle with a specific
1287	financial institution or company.
1288	12. Requirement by any motor vehicle dealer that the
1289	purchaser of a motor vehicle contract with the dealer for
1290	physical damage insurance.
1291	13. Perpetration of a fraud upon any person as a result of
1292	dealing in motor vehicles, including, without limitation, the
1293	misrepresentation to any person by the licensee of the
1294	licensee's relationship to any manufacturer, importer, or
1295	distributor.
1296	14. Violation of any of the provisions of s. 319.35 by any
1297	motor vehicle dealer.
1298	15. Sale by a motor vehicle dealer of a vehicle offered in
1299	trade by a customer prior to consummation of the sale, exchange,
1300	or transfer of a newly acquired vehicle to the customer, unless
1301	the customer provides written authorization for the sale of the
1302	trade-in vehicle prior to delivery of the newly acquired
1303	vehicle.
1304	16. Willful failure to comply with any administrative rule
1305	adopted by the department or the provisions of s. 320.131(8).
1306	17. Violation of chapter 319, this chapter, or ss.
1307	559.901-559.9221, which has to do with dealing in or repairing
1308	motor vehicles or mobile homes. Additionally, in the case of
1309	used motor vehicles, the willful violation of the federal law
1310	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1311	the consumer sales window form.
1312	Section 31. Paragraphs (a) and (b) of subsection (1) and
1313	subsections (2) and (3) of section 322.051, Florida Statutes,
1314	are amended, and subsection (8) is added to said section, to
1315	read:
1316	322.051 Identification cards.--
1317	(1) Any person who is 12 years of age or older, or any
1318	person who has a disability, regardless of age, who applies for
1319	a disabled parking permit under s. 320.0848, may be issued an
1320	identification card by the department upon completion of an
1321	application and payment of an application fee.
1322	(a) Each such application shall include the following
1323	information regarding the applicant:
1324	1. Full name (first, middle or maiden, and last), gender,
1325	social security card number, county of residence and mailing
1326	address, country of birth, and a brief description.
1327	2. Proof of birth date satisfactory to the department.
1328	3. Proof of identity satisfactory to the department. Such
1329	proof must include one of the following documents issued to the
1330	applicant:
1331	a. A driver's license record or identification card record
1332	from another jurisdiction that required the applicant to submit
1333	a document for identification which is substantially similar to
1334	a document required under sub-subparagraph b., sub-subparagraph
1335	c., sub-subparagraph d., sub-subparagraph e., orsub-
1336	subparagraph f., or sub-subparagraph g.;
1337	b. A certified copy of a United States birth certificate;
1338	c. A validUnited States passport;
1339	d. A naturalization certificate issued by the United
1340	States Department of Justice;
1341	e.d.An alien registration receipt card (green card);
1342	f.e.An employment authorization card issued by the United
1343	States Department of Justice; or
1344	g.f.Proof of nonimmigrant classification provided by the
1345	United States Department of Justice, for an original
1346	identification card. In order to prove such nonimmigrant
1347	classification, applicants may produce but are not limited to
1348	the following documents:
1349	(I) A notice of hearing from an immigration court
1350	scheduling a hearing on any proceeding.
1351	(II) A notice from the Board of Immigration Appeals
1352	acknowledging pendency of an appeal.
1353	(III) Notice of the approval of an application for
1354	adjustment of status issued by the United States Immigration and
1355	Naturalization Service.
1356	(IV) Any official documentation confirming the filing of a
1357	petition for asylum status or any other relief issued by the
1358	United States Immigration and Naturalization Service.
1359	(V) Notice of action transferring any pending matter from
1360	another jurisdiction to Florida, issued by the United States
1361	Immigration and Naturalization Service.
1362	(VI) Order of an immigration judge or immigration officer
1363	granting any relief that authorizes the alien to live and work
1364	in the United States including, but not limited to asylum.
1365
1366	Presentation of any of the foregoing documents in sub-
1367	subparagraph f. or sub-subparagraph g. entitlesshall entitle
1368	the applicant to a driver's license or temporary permit for a
1369	period not to exceed the expiration date of the document
1370	presented or 2 years, whichever first occurs.
1371	(b) An application for an identification card must be
1372	signed and verified by the applicant in a format designated by
1373	the department before a person authorized to administer oaths.
1374	The fee for an identification card is $10, of which $3 shall be
1375	deposited into the General Revenue Fund and $7 shall be
1376	deposited into the Highway Safety Operating Trust Fund. The fee
1377	shall include, includingpayment for the color photograph or
1378	digital image of the applicant.
1379	(2)(a) Every identification card shall expire, unless
1380	canceled earlier, on the fourth birthday of the applicant
1381	following the date of original issue. However, if an individual
1382	is 60 years of age or older, and has an identification card
1383	issued under this section, the card shall not expire unless done
1384	so by cancellation by the department or by the death of the
1385	cardholder. Renewal of any identification card shall be made for
1386	a term which shall expire on the fourth birthday of the
1387	applicant following expiration of the identification card
1388	renewed, unless surrendered earlier. Any application for renewal
1389	received later than 90 days after expiration of the
1390	identification card shall be considered the same as an
1391	application for an original identification card. The renewal fee
1392	for an identification card shall be $10, of which $3 shall be
1393	deposited into the General Revenue Fund and $7 shall be
1394	deposited into the Highway Safety Operating Trust Fund. The
1395	department shall, at the end of 4 years and 6 months after the
1396	issuance or renewal of an identification card, destroy any
1397	record of the card if it has expired and has not been renewed,
1398	unless the cardholder is 60 years of age or older.
1399	(b) Notwithstanding any other provision of this chapter,
1400	if an applicant establishes his or her identity for an
1401	identification card using a document authorized under sub-
1402	subparagraph (a)3.e.(a)3.d., the identification card shall
1403	expire on the fourth birthday of the applicant following the
1404	date of original issue or upon first renewal or duplicate issued
1405	after implementation of this section. After an initial showing
1406	of such documentation, he or she is exempted from having to
1407	renew or obtain a duplicate in person.
1408	(c) Notwithstanding any other provisions of this chapter,
1409	if an applicant establishes his or her identity for an
1410	identification card using an identification document authorized
1411	under sub-subparagraph (a)3.f. or sub-subparagraph (a)3.g.sub-
1412	subparagraphs (a)3.e.-f., the identification card shall expire 2
1413	4years after the date of issuance or upon the expiration date
1414	cited on the United States Department of Justice documents,
1415	whichever date first occurs, and may not be renewed or obtain a
1416	duplicate except in person.
1417	(3) In the event an identification card issued under this
1418	section is lost, destroyed, or mutilated or a new name is
1419	acquired, the person to whom it was issued may obtain a
1420	duplicate upon furnishing satisfactory proof of such fact to the
1421	department and upon payment of $10a fee of $2.50for such
1422	duplicate, of which $2.50 shall be deposited into the General
1423	Revenue Fund and $7.50 shall be deposited into the Highway
1424	Safety Operating Trust Fund. The feewhichshall include payment
1425	for the color photograph or digital image of the applicant. Any
1426	person who loses an identification card and who, after obtaining
1427	a duplicate, finds the original card shall immediately surrender
1428	the original card to the department. The same documentary
1429	evidence shall be furnished for a duplicate as for an original
1430	identification card.
1431	(8) The department shall, upon receipt of the required
1432	fee, issue to each qualified applicant for an identification
1433	card a color photographic or digital image identification card
1434	bearing a fullface photograph or digital image of the
1435	identification cardholder. Notwithstanding chapter 761 or s.
1436	761.05, the requirement for a fullface photograph or digital
1437	image of the identification cardholder shall not be waived. A
1438	space shall be provided upon which the identification cardholder
1439	shall affix his or her usual signature, as required in s.
1440	322.14, in the presence of an authorized agent of the department
1441	so as to ensure that such signature becomes a part of the
1442	identification card.
1443	Section 32. Paragraph (c) of subsection (2) of section
1444	322.08, Florida Statutes, is amended, and paragraph (f) is added
1445	to subsection (6) of said section, to read:
1446	322.08 Application for license.--
1447	(2) Each such application shall include the following
1448	information regarding the applicant:
1449	(c) Proof of identity satisfactory to the department. Such
1450	proof must include one of the following documents issued to the
1451	applicant:
1452	1. A driver's license record or identification card record
1453	from another jurisdiction that required the applicant to submit
1454	a document for identification which is substantially similar to
1455	a document required under subparagraph 2., subparagraph 3.,
1456	subparagraph 4., subparagraph 5., or subparagraph 6., or
1457	subparagraph 7.;
1458	2. A certified copy of a United States birth certificate;
1459	3. A validUnited States passport;
1460	4. A naturalization certificate issued by the United
1461	States Department of Justice;
1462	5.4.An alien registration receipt card (green card);
1463	6.5.An employment authorization card issued by the United
1464	States Department of Justice; or
1465	7.6.Proof of nonimmigrant classification provided by the
1466	United States Department of Justice, for an original driver's
1467	license. In order to prove such nonimmigrant classification, the
1468	applicant may produce, but is not limited to, the following
1469	documents:
1470	a. A notice of hearing from an immigration court
1471	scheduling a hearing on any proceeding.
1472	b. A notice from the Board of Immigration Appeals
1473	acknowledging pendency of an appeal.
1474	c. Notice of the approval of an application for adjustment
1475	of status issued by the United States Immigration and
1476	Naturalization Service.
1477	d. Any official documentation confirming the filing of a
1478	petition for asylum status or any other relief issued by the
1479	United States Immigration and Naturalization Service.
1480	e. Notice of action transferring any pending matter from
1481	another jurisdiction to Florida, issued by the United States
1482	Immigration and Naturalization Service.
1483	f. An order of an immigration judge or immigration officer
1484	granting any relief that authorizes the alien to live and work
1485	in the United States, including, but not limited to, asylum.
1486
1487	Presentation of any documents in subparagraph 6. or subparagraph
1488	7. entitles the applicant to a driver's license or temporary
1489	permit for a period not to exceed the expiration date of the
1490	document presented or 2 years, whichever occurs first.
1491	(6) The application form for a driver's license or
1492	duplicate thereof shall include language permitting the
1493	following:
1494	(f) A voluntary contribution of $1 per applicant, which
1495	shall be distributed to the Children's Hearing Help Fund for the
1496	purpose of providing assistance to children who have been
1497	identified as having hearing loss.
1498
1499	A statement providing an explanation of the purpose of the trust
1500	funds shall also be included.
1501	Section 33. Subsections (1) and (2) and paragraph (a) of
1502	subsection (5) of section 322.12, Florida Statutes, are amended
1503	to read:
1504	322.12 Examination of applicants.--
1505	(1) It is the intent of the Legislature that every
1506	applicant for an original driver's license in this state be
1507	required to pass an examination pursuant to this section.
1508	However, the department may waive the knowledge, endorsement,
1509	and skills tests for an applicant who is otherwise qualified and
1510	who surrenders a valid driver's license from another state or a
1511	province of Canada, or a valid driver's license issued by the
1512	United States Armed Forces, if the driver applies for a Florida
1513	license of an equal or lesser classification. Any applicant who
1514	fails to pass the initial knowledge examination shall incur a $5
1515	fee for each subsequent examination, to be deposited into the
1516	Highway Safety Operating Trust Fund. Any applicant who fails to
1517	pass the initial skills examination shall incur a $10 fee for
1518	each subsequent examination, to be deposited into the Highway
1519	Safety Operating Trust Fund.A person who seeks to retain a
1520	hazardous-materials endorsement, pursuant to s. 322.57(1)(d),
1521	must pass the hazardous-materials test, upon surrendering his or
1522	her commercial driver's license, if the person has not taken and
1523	passed the hazardous-materials test within 2 years preceding his
1524	or her application for a commercial driver's license in this
1525	state.
1526	(2) The department shall examine every applicant for a
1527	driver's license, including an applicant who is licensed in
1528	another state or country, except as otherwise provided in this
1529	chapter. A person who holds a learner's driver's license as
1530	provided for in s. 322.1615 is not required to pay a fee for
1531	successfully completing the examination showing his or her
1532	ability to operate a motor vehicle as provided for herein and
1533	need not pay the fee for a replacement license as provided in s.
1534	322.17(2). Any person who applies for reinstatement following
1535	the suspension or revocation of his or her driver's license
1536	shall pay a service fee of $25 following a suspension, and $50
1537	following a revocation, which is in addition to the fee for a
1538	license. Any person who applies for reinstatement of a
1539	commercial driver's license following the disqualification of
1540	his or her privilege to operate a commercial motor vehicle shall
1541	pay a service fee of $50, which is in addition to the fee for a
1542	license. The department shall collect all of these fees at the
1543	time of reinstatement. The department shall issue proper
1544	receipts for such fees and shall promptly transmit all funds
1545	received by it as follows:
1546	(a) Of the $25 fee received from a licensee for
1547	reinstatement following a suspension, the department shall
1548	deposit $15 in the General Revenue Fund and the remaining $10 in
1549	the Highway Safety Operating Trust Fund.
1550	(b) Of the $50 fee received from a licensee for
1551	reinstatement following a revocation or disqualification, the
1552	department shall deposit $35 in the General Revenue Fund and the
1553	remaining $15 in the Highway Safety Operating Trust Fund.
1554
1555	If the revocation or suspension of the driver's license was for
1556	a violation of s. 316.193, or for refusal to submit to a lawful
1557	breath, blood, or urine test, an additional fee of $105 must be
1558	charged. However, only one such $105 fee is to be collected from
1559	one person convicted of such violations arising out of the same
1560	incident. The department shall collect the $105 fee and deposit
1561	it into the Highway Safety Operating Trust Fund at the time of
1562	reinstatement of the person's driver's license, but the fee must
1563	not be collected if the suspension or revocation was overturned.
1564	(5)(a) The department shall formulate a separate
1565	examination for applicants for licenses to operate motorcycles.
1566	Any applicant for a driver's license who wishes to operate a
1567	motorcycle, and who is otherwise qualified, must successfully
1568	complete such an examination, which is in addition to the
1569	examination administered under subsection (3). The examination
1570	must test the applicant's knowledge of the operation of a
1571	motorcycle and of any traffic laws specifically relating thereto
1572	and must include an actual demonstration of his or her ability
1573	to exercise ordinary and reasonable control in the operation of
1574	a motorcycle. Any applicant who fails to pass the initial
1575	knowledge examination shall incur a $5 fee for each subsequent
1576	examination, to be deposited into the Highway Safety Operating
1577	Trust Fund. Any applicant who fails to pass the initial skills
1578	examination shall incur a $10 fee for each subsequent
1579	examination, to be deposited into the Highway Safety Operating
1580	Trust Fund.In the formulation of the examination, the
1581	department shall consider the use of the Motorcycle Operator
1582	Skills Test and the Motorcycle in Traffic Test offered by the
1583	Motorcycle Safety Foundation. The department shall indicate on
1584	the license of any person who successfully completes the
1585	examination that the licensee is authorized to operate a
1586	motorcycle. If the applicant wishes to be licensed to operate a
1587	motorcycle only, he or she need not take the skill or road test
1588	required under subsection (3) for the operation of a motor
1589	vehicle, and the department shall indicate such a limitation on
1590	his or her license as a restriction. Every first-time applicant
1591	for licensure to operate a motorcycle who is under 21 years of
1592	age must provide proof of completion of a motorcycle safety
1593	course, as provided for in s. 322.0255, before the applicant may
1594	be licensed to operate a motorcycle.
1595	Section 34. Subsection (9) is added to section 322.135,
1596	Florida Statutes, to read:
1597	322.135 Driver's license agents.--
1598	(9) Notwithstanding chapter 116, every county officer
1599	within this state authorized to collect funds provided for in
1600	this chapter shall pay all sums officially received by the
1601	officer into the State Treasury no later than 5 working days
1602	after the close of the business day on which the officer
1603	received the funds. Payment by county officers to the state
1604	shall be made by means of electronic funds transfer.
1605	Section 35. Subsection (1) of section 322.142, Florida
1606	Statutes, is amended to read:
1607	322.142 Color photographic or digital imaged licenses.--
1608	(1) The department shall, upon receipt of the required
1609	fee, issue to each qualified applicant for aan original
1610	driver's license a color photographic or digital imaged driver's
1611	license bearing a fullface photograph or digital image of the
1612	licensee. Notwithstanding chapter 761 or s. 761.05, the
1613	requirement for a fullface photograph or digital image of the
1614	licensee shall not be waived.A space shall be provided upon
1615	which the licensee shall affix his or her usual signature, as
1616	required in s. 322.14, in the presence of an authorized agent of
1617	the department so as to ensure that such signature becomes a
1618	part of the license.
1619	Section 36. Subsections (2) and (3) of section 322.17,
1620	Florida Statutes, are amended to read:
1621	322.17 Duplicate and replacement certificates.--
1622	(2) Upon the surrender of the original license and the
1623	payment of a $10 replacement fee, the department shall issue a
1624	replacement license to make a change in name, address,or
1625	restrictions. Upon writtenrequest by the licensee and
1626	notification of a change in address, and the payment of a $10
1627	fee, the department shall issue a replacement license oran
1628	address sticker which shall be affixed to the back of the
1629	license by the licensee. Nine dollars of the fee levied in this
1630	subsection shall go to the Highway Safety Operating Trust Fund
1631	of the department.
1632	(3) Notwithstanding any other provisions of this chapter,
1633	if a licensee establishes his or her identity for a driver's
1634	license using an identification document authorized under s.
1635	322.08(2)(c)6. or 7.322.08(2)(c)5.-6., the licensee may not
1636	obtain a duplicate or replacement instruction permit or driver's
1637	license except in person and upon submission of an
1638	identification document authorized under s. 322.08(2)(c)6. or 7.
1639	322.08(2)(c)5.-6.
1640	Section 37. Paragraphs (c) and (d) of subsection (2) and
1641	paragraphs (b) and (c) of subsection (4) of section 322.18,
1642	Florida Statutes, are amended to read:
1643	322.18 Original applications, licenses, and renewals;
1644	expiration of licenses; delinquent licenses.--
1645	(2) Each applicant who is entitled to the issuance of a
1646	driver's license, as provided in this section, shall be issued a
1647	driver's license, as follows:
1648	(c) Notwithstanding any other provision of this chapter,
1649	if an applicant establishes his or her identity for a driver's
1650	license using a document authorized under s. 322.08(2)(c)5.4.,
1651	the driver's license shall expire in accordance with paragraph
1652	(b). After an initial showing of such documentation, he or she
1653	is exempted from having to renew or obtain a duplicate in
1654	person.
1655	(d) Notwithstanding any other provision of this chapter,
1656	if applicant establishes his or her identity for a driver's
1657	license using a document authorized in s. 322.08(2)(c)6.5. or
1658	7.6., the driver's license shall expire 4 years after the date
1659	of issuance or upon the expiration date cited on the United
1660	States Department of Justice documents, whichever date first
1661	occurs.
1662	(4)
1663	(b) Notwithstanding any other provision of this chapter,
1664	if an applicant establishes his or her identity for a driver's
1665	license using a document authorized under s. 322.08(2)(c)5.4.,
1666	the license, upon an initial showing of such documentation, is
1667	exempted from having to renew or obtain a duplicate in person,
1668	unless the renewal or duplication coincides with the periodic
1669	reexamination of a driver as required pursuant to s. 322.121.
1670	(c) Notwithstanding any other provision of this chapter,
1671	if a licensee establishes his or her identity for a driver's
1672	license using an identification document authorized under s.
1673	322.08(2)(c)6.5. or 7.6., the licensee may not renew the
1674	driver's license except in person and upon submission of an
1675	identification document authorized under s. 322.08(2)(c)6. or
1676	7.4.-6.A driver's license renewed under this paragraph expires
1677	4 years after the date of issuance or upon the expiration date
1678	cited on the United States Department of Justice documents,
1679	whichever date first occurs.
1680	Section 38. Subsection (4) of section 322.19, Florida
1681	Statutes, is amended to read:
1682	322.19 Change of address or name.--
1683	(4) Notwithstanding any other provision of this chapter,
1684	if a licensee established his or her identity for a driver's
1685	license using an identification document authorized under s.
1686	322.08(2)(c)6. or 7.5.-6., the licensee may not change his or
1687	her name or address except in person and upon submission of an
1688	identification document authorized under s. 322.08(2)(c)6. or
1689	7.4.-6.
1690	Section 39. Subsection (5) of section 322.21, Florida
1691	Statutes, is amended, and subsection (8) is added to said
1692	section, to read:
1693	322.21 License fees; procedure for handling and collecting
1694	fees.--
1695	(5) The department shall collect and, unless otherwise
1696	specified,transmit all fees received by it under this section
1697	to the Treasurer to be placed in the General Revenue Fund of the
1698	state, and sufficient funds for the necessary expenses of the
1699	department shall be included in the appropriations act. The fees
1700	shall be used for the maintenance and operation of the
1701	department.
1702	(8) Any person who applies for reinstatement following the
1703	suspension or revocation of his or her driver's license shall
1704	pay a service fee of $35 following a suspension, and $60
1705	following a revocation, which is in addition to the fee for a
1706	license. Any person who applies for reinstatement of a
1707	commercial driver's license following the disqualification of
1708	his or her privilege to operate a commercial motor vehicle shall
1709	pay a service fee of $60, which is in addition to the fee for a
1710	license. The department shall collect all of these fees at the
1711	time of reinstatement. The department shall issue proper
1712	receipts for such fees and shall promptly transmit all funds
1713	received by it as follows:
1714	(a) Of the $35 fee received from a licensee for
1715	reinstatement following a suspension, the department shall
1716	deposit $15 into the General Revenue Fund and the remaining $20
1717	into the Highway Safety Operating Trust Fund.
1718	(b) Of the $60 fee received from a licensee for
1719	reinstatement following a revocation or disqualification, the
1720	department shall deposit $35 into the General Revenue Fund and
1721	the remaining $25 into the Highway Safety Operating Trust Fund.
1722
1723	If the revocation or suspension of the driver's license was for
1724	a violation of s. 316.193 or for refusal to submit to a lawful
1725	breath, blood, or urine test, an additional fee of $105 must be
1726	charged. However, only one such $105 fee is to be collected from
1727	one person convicted of such violations arising out of the same
1728	incident. The department shall collect the $105 fee and deposit
1729	it into the Highway Safety Operating Trust Fund at the time of
1730	reinstatement of the person's driver's license, but the fee must
1731	not be collected if the suspension or revocation was overturned.
1732	Section 40. Paragraph (d) of subsection (1) of section
1733	322.212, Florida Statutes, is amended to read:
1734	322.212 Unauthorized possession of, and other unlawful
1735	acts in relation to, driver's license or identification card.--
1736	(1) It is unlawful for any person to:
1737	(d) Knowingly sell, manufacture, or deliver, or knowingly
1738	offer to sell, manufacture, or deliver, a blank, forged, stolen,
1739	fictitious, counterfeit, or unlawfully issued driver's license
1740	or identification card, or an instrument in the similitude of a
1741	driver's license or identification card, unless that person is
1742	authorized to do so by the department. A violation of this
1743	sectionparagraphmay be investigated by any law enforcement
1744	agency, including the Division of Alcoholic Beverages and
1745	Tobacco.
1746
1747	The term "driver's license" includes a driver's license issued
1748	by the department or its agents or a driver's license issued by
1749	any state or jurisdiction that issues licenses recognized in
1750	this state for the operation of a motor vehicle. The term
1751	"identification card" includes any identification card issued by
1752	the department or its agents or any identification card issued
1753	by any state or jurisdiction that issues identification cards
1754	recognized in this state for the purpose of indicating a
1755	person's true name and age. This subsection does not prohibit a
1756	person from possessing or displaying another person's driver's
1757	license or identification card for a lawful purpose.
1758	Section 41. Subsection (4) of section 322.251, Florida
1759	Statutes, is amended to read:
1760	322.251 Notice of cancellation, suspension, revocation, or
1761	disqualification of license.--
1762	(4) A person whose privilege to operate a commercial motor
1763	vehicle is temporarily disqualified may, upon surrendering his
1764	or her commercial driver's license, be issued a Class D or Class
1765	E driver's license, valid for the length of his or her unexpired
1766	commercial driver's license, at no cost. Such person may, upon
1767	the completion of his or her disqualification, be issued a
1768	commercial driver's license, of the type disqualified, for the
1769	remainder of his or her unexpired license period. Any such
1770	person shall pay the reinstatement fee provided in s. 322.21
1771	322.12before being issued a commercial driver's license.
1772	Section 42. Subsection (2) of section 322.29, Florida
1773	Statutes, is amended to read:
1774	322.29 Surrender and return of license.--
1775	(2) The provisions of subsection (1) to the contrary
1776	notwithstanding, no examination is required for the return of a
1777	license suspended under s. 318.15 or s. 322.245 unless an
1778	examination is otherwise required by this chapter. Every person
1779	applying for the return of a license suspended under s. 318.15
1780	or s. 322.245 shall present to the department certification from
1781	the court that he or she has complied with all obligations and
1782	penalties imposed on him or her pursuant to s. 318.15 or, in the
1783	case of a suspension pursuant to s. 322.245, that he or she has
1784	complied with all directives of the court and the requirements
1785	of s. 322.245 and shall pay to the department a nonrefundable
1786	service fee of $35, of which $25 is to be deposited into the
1787	General Revenue Fund and $10 is to be deposited into the Highway
1788	Safety Operating Trust Fund. However, the service fee is not
1789	required if the person is required to pay a $35$25 fee or $60
1790	$50 fee under the provisions of s. 322.21322.12(2).
1791	Section 43. Paragraph (b) of subsection (1) of section
1792	812.16, Florida Statutes, is amended to read:
1793	812.16 Operating chop shops; definitions; penalties;
1794	restitution; forfeiture.--
1795	(1) As used in this section, the term:
1796	(b) "Major component part" means one of the following
1797	subassemblies of a motor vehicle, regardless of its actual
1798	market value: front-end assembly, including fenders, grills,
1799	hood, bumper, and related parts; any airbag and airbag assembly;
1800	frame and frame assembly; engine; transmission; T-tops; rear
1801	clip assembly, including quarter panels and floor panel
1802	assembly; doors; and tires, tire wheels, and continuous treads
1803	and other devices.
1804	Section 44. For the purpose of incorporating the
1805	amendments to Florida Statutes, in references thereto, section
1806	318.121, Florida Statutes, is reenacted to read:
1807	318.121 Preemption of additional fees, fines, surcharges,
1808	and costs.--Notwithstanding any general or special law, or
1809	municipal or county ordinance, additional fees, fines,
1810	surcharges, or costs other than the court costs assessed under
1811	s. 318.18(11) may not be added to the civil traffic penalties
1812	assessed in this chapter.
1813	Section 45. Except as otherwise provided herein, this act
1814	shall take effect October 1, 2003.