Senate Bill sb1200
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
By Senator Sebesta
16-890-04
1 A bill to be entitled
2 An act relating to highway safety and motor
3 vehicles; amending s. 316.613, F.S.;
4 eliminating authorization for the Department of
5 Highway Safety and Motor Vehicles to expend
6 certain funds; creating s. 316.6131, F.S.;
7 authorizing the department to expend certain
8 funds; amending s. 319.29, F.S.; directing the
9 verification of identity for certain title
10 certificates; amending s. 320.01, F.S.;
11 clarifying the definition of the terms
12 "apportionable vehicle" and "commercial motor
13 vehicle"; amending s. 320.05, F.S.; providing
14 that certain motor vehicle and vessel
15 information is available free of charge on the
16 department's website; amending s. 320.06, F.S.;
17 correcting a cross-reference; amending s.
18 320.0607, F.S.; directing the verification of
19 identity for certain vehicle license plates and
20 registrations; amending s. 320.0843, F.S.;
21 requiring that an applicant eligible for a
22 disabled parking plate be noted on the
23 certificate; amending s. 320.0848, F.S.;
24 requiring the verification of identity for
25 certain disabled parking permits; amending s.
26 320.086, F.S.; revising provisions relating to
27 historical license plates; amending s. 320.58,
28 F.S.; authorizing inspectors employed by the
29 department to enforce certain provisions
30 relating to off-highway vehicles and vessels;
31 amending s. 322.20, F.S.; authorizing the
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 department to charge fees for electronic access
2 to specified information; requiring that
3 certain driver's license information be
4 available free of charge on the department's
5 website; amending s. 328.11, F.S.; revising
6 requirements relating to the issuance of a
7 duplicate certificate of title for vessels;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (4) of section 316.613, Florida
13 Statutes, is amended to read:
14 316.613 Child restraint requirements.--
15 (4)(a) It is the legislative intent that all state,
16 county, and local law enforcement agencies, and safety
17 councils, in recognition of the problems with child death and
18 injury from unrestrained occupancy in motor vehicles, conduct
19 a continuing safety and public awareness campaign as to the
20 magnitude of the problem.
21 (b) The department may authorize the expenditure of
22 funds for the purchase of promotional items as part of the
23 public information and education campaigns provided for in
24 this subsection and ss. 316.614, 322.025, and 403.7145.
25 Section 2. Section 316.6131, Florida Statutes, is
26 created to read:
27 316.6131 Educational expenditures.--The department may
28 authorize the expenditure of funds for the purchase of
29 educational items as part of the public information and
30 education campaigns promoting highway safety and awareness as
31 well as departmental community-based initiatives. Funds may be
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 expended for, but are not limited to, educational campaigns
2 provided in chapters 316, 320, and 322 and s. 403.7145.
3 Section 3. Subsection (4) of section 319.29, Florida
4 Statutes, is amended to read:
5 319.29 Lost or destroyed certificates.--
6 (4) The department shall implement a system to verify
7 that the application is signed by a person authorized to
8 receive a duplicate title certificate under this section if
9 the address shown on the application is different from the
10 address shown for the applicant on the records of the
11 department. If the title is being delivered to someone other
12 than the owner of record, the identity of the person to whom
13 the title is delivered must be verified and the documentation
14 of the verification must be maintained by the department.
15 Section 4. Subsections (25) and (26) of section
16 320.01, Florida Statutes, are amended to read:
17 320.01 Definitions, general.--As used in the Florida
18 Statutes, except as otherwise provided, the term:
19 (25) "Apportionable vehicle" means any vehicle, except
20 recreational vehicles, vehicles displaying restricted plates,
21 city pickup and delivery vehicles, buses used in
22 transportation of chartered parties, and government-owned
23 vehicles, which is used or intended for use in two or more
24 member jurisdictions that allocate or proportionally register
25 vehicles and which is used for the transportation of persons
26 for hire or is designed, used, or maintained primarily for the
27 transportation of property and:
28 (a) Is a power unit having a gross vehicle weight in
29 excess of 26,001 pounds or more;
30 (b) Is a power unit having three or more axles,
31 regardless of weight; or
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 (c) Is used in combination, when the weight of such
2 combination is exceeds 26,001 pounds or more gross vehicle
3 weight.
4
5 Vehicles, or combinations thereof, having a gross vehicle
6 weight of 26,001 pounds or less and two-axle vehicles may be
7 proportionally registered.
8 (26) "Commercial motor vehicle" means any vehicle that
9 which is not owned or operated by a governmental entity, which
10 uses special fuel or motor fuel on the public highways, and
11 which has a gross vehicle weight of 26,001 pounds or more, or
12 has three or more axles regardless of weight, or is used in
13 combination when the weight of the such combination is exceeds
14 26,001 pounds or more gross vehicle weight.
15 Section 5. Subsection (3) of section 320.05, Florida
16 Statutes, is amended to read:
17 320.05 Records of the department; inspection
18 procedure; lists and searches; fees.--
19 (3)(a) The department is authorized, upon application
20 of any person and payment of the proper fees, to prepare and
21 furnish lists containing motor vehicle or vessel information
22 in a such form as the department may authorize, to search the
23 records of the department and make reports thereof, and to
24 make photographic copies of the department records and
25 attestations thereof.
26 (b) Fees therefor shall be charged and collected as
27 follows:
28 1. For providing lists of motor vehicle or vessel
29 records for the entire state, or any part or parts thereof,
30 divided according to counties, a sum computed at a rate of not
31 less than 1 cent nor more than 5 cents per item.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 2. For providing noncertified photographic copies of
2 motor vehicle or vessel documents, $1 per page.
3 3. For providing noncertified photographic copies of
4 micrographic records, $1 per page.
5 4. For providing certified copies of motor vehicle or
6 vessel records, $3 per record.
7 5. For providing noncertified computer-generated
8 printouts of motor vehicle or vessel records, 50 cents per
9 record.
10 6. For providing certified computer-generated
11 printouts of motor vehicle or vessel records, $3 per record.
12 7. For providing electronic access to motor vehicle,
13 vessel, and mobile home registration data requested by tag,
14 vehicle identification number, title number, or decal number,
15 50 cents per item, except that information provided via the
16 department's Internet website is free of charge.
17 8. For providing electronic access to driver's license
18 status report by name, sex, and date of birth or by driver
19 license number, 50 cents per item.
20 8.9. For providing lists of licensed mobile home
21 dealers and manufacturers and recreational vehicle dealers and
22 manufacturers, $15 per list.
23 9.10. For providing lists of licensed motor vehicle
24 dealers, $25 per list.
25 10.11. For each copy of a videotape record, $15 per
26 tape.
27 11.12. For each copy of the Division of Motor Vehicles
28 Procedures Manual, $25.
29 (c) Fees collected under pursuant to paragraph (b)
30 shall be deposited into the Highway Safety Operating Trust
31 Fund.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 (d) The department shall furnish the such information
2 without charge to any court or governmental entity.
3 (e) When motor vehicle, vessel, or mobile home
4 registration data is provided by electronic access through a
5 tax collector's office, a fee for the electronic access is not
6 required to be assessed. However, at the tax collector's
7 discretion, a fee equal to or less than the fee charged by the
8 department for the such information may be assessed by the tax
9 collector for the electronic access. Notwithstanding paragraph
10 (c), any funds collected by the tax collector as a result of
11 providing such access shall be retained by the tax collector.
12 Section 6. Subsection (4) of section 320.06, Florida
13 Statutes, is amended to read:
14 320.06 Registration certificates, license plates, and
15 validation stickers generally.--
16 (4) The corporation organized under chapter 946 may
17 manufacture license plates, validation stickers, and decals,
18 as well as temporary tags, disabled hang tags, vessel decals,
19 and fuel use decals, for the Department of Highway Safety and
20 Motor Vehicles as provided in this chapter and chapter 328
21 327. The Department of Highway Safety and Motor Vehicles is
22 not required to obtain competitive bids in order to contract
23 with the corporation.
24 Section 7. Section 320.0607, Florida Statutes, is
25 amended to read:
26 320.0607 Replacement license plates, validation decal,
27 or mobile home sticker.--
28 (1) A Any law enforcement officer or department
29 license and registration inspector may at any time inspect a
30 license plate or validation decal for proper display and
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 legibility as prescribed by chapter 316. A damaged or defaced
2 plate or decal may be required to be replaced.
3 (2) When a license plate, mobile home sticker, or
4 validation decal has been lost, stolen, or destroyed, the
5 owner of the motor vehicle or mobile home for which the plate,
6 sticker, or decal was issued shall make application to the
7 department for a replacement. The application shall contain
8 the plate, sticker, or decal number being replaced and a
9 statement that the item was lost, stolen, or destroyed. If the
10 application includes a copy of the police report prepared in
11 response to a report of a stolen plate, sticker, or decal,
12 such plate, sticker, or decal must be replaced at no charge.
13 (3) The department shall implement a system to verify
14 that the replacement application is signed by a person
15 authorized to receive a replacement license plate or duplicate
16 registration if the address on the application is different
17 from the address for the applicant on the records of the
18 department. If the replacement license plate or registration
19 is being delivered to someone other than the owner of record,
20 proof of identity for that person must be verified and the
21 physical documentation of the verification must be maintained
22 by the department.
23 (4)(3) Except as provided in subsection (2), in all
24 such cases, upon filing of an application accompanied by a fee
25 of $10 plus applicable service charges, the department shall
26 issue a replacement plate, sticker, or decal as the case may
27 be if it is satisfied that the information reported in the
28 application is true. The replacement fee shall be deposited
29 into the Highway Safety Operating Trust Fund.
30 (5)(4) Any license plate, sticker, or decal lost in
31 the mail shall may be replaced at no charge. A Neither the
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 service charge or nor the replacement fee may not shall be
2 applied to the this replacement. However, the application for
3 a replacement must shall contain a statement that the license
4 plate, sticker, or decal was lost in the mail of such fact,
5 the audit number of the lost item, and the date issued.
6 (6)(5) Upon the issuance of an original license plate,
7 the applicant shall pay a fee of $10 to be deposited in the
8 Highway Safety Operating Trust Fund.
9 (7)(6) All funds derived from the sale of temporary
10 tags under the provisions of s. 320.131 shall be deposited in
11 the Highway Safety Operating Trust Fund.
12 Section 8. Section 320.0843, Florida Statutes, is
13 amended to read:
14 320.0843 License plates for persons with disabilities
15 eligible for permanent disabled parking permits.--
16 (1) An Any owner or lessee of a motor vehicle who
17 resides in this state and qualifies for a disabled parking
18 permit under s. 320.0848(2), upon application to the
19 department and payment of the license tax for a motor vehicle
20 registered under s. 320.08(2), (3)(a), (b), (c), or (e),
21 (4)(a) or (b), (6)(a), or (9)(c) or (d), shall be issued a
22 license plate as provided by s. 320.06 which, in lieu of the
23 serial number prescribed by s. 320.06, shall be stamped with
24 the international wheelchair user symbol after the serial
25 number of the license plate. The license plate entitles the
26 person to all privileges afforded by a parking permit issued
27 under s. 320.0848. If more than one registrant is listed on
28 the registration issued under this section, the eligible
29 applicant for the license plate shall be noted on the
30 registration certificate.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 (2) All applications for these such license plates
2 must be made to the department.
3 Section 9. Paragraph (f) of subsection (2) of section
4 320.0848, Florida Statutes, is amended to read:
5 320.0848 Persons who have disabilities; issuance of
6 disabled parking permits; temporary permits; permits for
7 certain providers of transportation services to persons who
8 have disabilities.--
9 (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
10 MOBILITY PROBLEMS.--
11 (f) To obtain a replacement for a disabled parking
12 permit that has been lost or stolen, a person must submit an
13 application on a form prescribed by the department and must
14 pay a replacement fee in the amount of $1.00, to be retained
15 by the issuing agency. If the person submits with the
16 application a police report documenting that the permit was
17 stolen, there is no replacement fee. The department shall
18 implement a system to verify that the application for a
19 disabled parking permit is signed by a person authorized to
20 receive a replacement or duplicate disabled parking permit if
21 the address on the application is different from the address
22 for the applicant on the records of the department. If the
23 replacement or duplicate disabled parking permit is being
24 delivered to someone other than the owner of record, proof of
25 identity for that person must be verified and the physical
26 documentation of the verification must be maintained by the
27 department.
28 Section 10. Subsection (4) of section 320.086, Florida
29 Statutes, is amended to read:
30 320.086 Ancient or antique motor vehicles; "horseless
31 carriage," antique, or historical license plates.--
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 (4) Any person who is the registered owner of a motor
2 vehicle as defined in this section and manufactured in the
3 model year 1975 1974 or earlier, may apply to the department
4 for permission to use a historical Florida license plate that
5 clearly represents the model year of the vehicle as a
6 personalized prestige license plate. This plate shall be
7 furnished by the such person and shall be presented to the
8 department with a reasonable fee to be determined by the
9 department for approval and for authentication that the
10 historic license plate and any applicable decals were issued
11 by this state in the same year as the model year of the car or
12 truck. The requirements of s. 320.0805(8)(b) do not apply to
13 historical plates authorized under this subsection.
14 Section 11. Section 320.58, Florida Statutes, is
15 amended to read:
16 320.58 License inspectors; powers, appointment.--
17 (1)(a) The department shall appoint as many license
18 inspectors and supervisors as it deems necessary to enforce
19 the provisions of this chapter and chapters 317, 319, 322, and
20 324, and 328. In order to enforce the provisions of these
21 laws, the inspectors are empowered to enter on both publicly
22 owned and privately owned property and to issue uniform
23 traffic citations to persons found in violation thereof. The
24 department is further empowered to delegate the power to issue
25 uniform traffic citations to persons acting as its agents for
26 the purpose of enforcing the registration provisions of this
27 chapter, which may include, but are not be limited to,
28 personnel employed by district school boards as agreed to by
29 the school board and the county tax collector.
30 (b) License inspectors appointed under pursuant to
31 this section and agents delegated by the department are not to
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 be considered for membership in the state high-risk retirement
2 program.
3 (2) Any person who fails or refuses to surrender his
4 or her driver's license, registration certificate, and license
5 plate upon lawful demand of an inspector, supervisor, or
6 authorized agent of the department commits is guilty of a
7 misdemeanor of the second degree, punishable as provided in s.
8 775.082 or s. 775.083.
9 Section 12. Subsection (11) of section 322.20, Florida
10 Statutes, is amended to read:
11 322.20 Records of the department; fees; destruction of
12 records.--
13 (11)(a) The department is authorized to charge the
14 following fees for the following services and documents:
15 1. For providing a transcript of any one individual's
16 driver history record or any portion thereof for the past 3
17 years or for searching for the such record when no record is
18 found to be on file......................................$2.10
19 2. For providing a transcript of any one individual's
20 driver history record or any portion thereof for the past 7
21 years or for searching for the such record when no record is
22 found to be on file......................................$3.10
23 3. For providing a certified copy of a transcript of
24 the driver history record or any portion thereof for any one
25 individual...............................................$3.10
26 4. For providing a certified photographic copy of a
27 document, per page.......................................$1.00
28 5. For providing an exemplified record..........$15.00
29 6. For providing photocopies of documents, papers,
30 letters, clearances, or license or insurance status reports,
31 per page.................................................$0.50
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 7. For assisting persons in searching any one
2 individual's driver record at a terminal located at the
3 department's general headquarters in Tallahassee.........$2.00
4 8. For providing electronic access to driver's license
5 status by name, gender, and date of birth, or by driver
6 license number, per item................................$0.50,
7 except that information provided via the department's Internet
8 shall be free of charge.
9 (b) The department shall furnish the such information
10 without charge to any local, state, or federal law enforcement
11 agency or court upon proof satisfactory to the department as
12 to the purpose of the investigation.
13 Section 13. Subsection (2) of section 328.11, Florida
14 Statutes, is amended to read:
15 328.11 Duplicate certificate of title.--
16 (2) In addition to the fee imposed by subsection (1),
17 the Department of Highway Safety and Motor Vehicles shall
18 charge a fee of $5 for expedited service in issuing a
19 duplicate certificate of title. Application for such expedited
20 service may be made by mail or in person. The department
21 shall issue each certificate of title applied for under this
22 subsection within 5 working days after receipt of a proper
23 application or shall refund the additional $5 fee upon written
24 request by the applicant.
25 Section 14. This act shall take effect upon becoming a
26 law.
27
28
29
30
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1200
16-890-04
1 *****************************************
2 SENATE SUMMARY
3 Eliminates the authority of the Department of Highway
Safety and Motor Vehicles to expend certain funds.
4 Authorizes the department to expend certain funds.
Requires identity verification for certain title
5 certificates. Directs that certain motor vehicle and
vessel information be available free of charge on the
6 department's website. Requires identity verification for
certain vehicle license plates and registrations. Directs
7 that all eligible registrants for a disabled parking
plate be noted on the certificate. Requires identity
8 verification for certain disabled parking permits.
Provides provisions relating to historical license
9 plates. Authorizes inspectors employed by the department
to enforce certain provisions relating to off-highway
10 vehicles and vessels. Provides that certain driver's
license information is available free of charge on the
11 department's website. Revises requirements relating to
the issuance of a duplicate certificate of title for
12 vessels.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
13
CODING: Words stricken are deletions; words underlined are additions.