| 1 | Representative Evers offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | On page 81, between line(s) 13 and 14, |
| 5 | insert: |
| 6 | Section 62. Present subsection (3) of section 316.085, |
| 7 | Florida Statutes, is redesignated as subsection (5), and |
| 8 | subsections (3) and (4) are added to that section, to read: |
| 9 | 316.085 Limitations on overtaking, passing, changing lanes |
| 10 | and changing course.-- |
| 11 | (3) A motor vehicle may not be driven outside of the |
| 12 | authorized lane of travel or over, across, or within a pavement |
| 13 | marking or traffic control device for the purpose of overtaking |
| 14 | or passing another vehicle except where the pavement marking or |
| 15 | traffic control device explicitly permits such overtaking or |
| 16 | passing. This prohibition does not apply to maneuvers taken to |
| 17 | avoid disabled vehicles or obstructions. |
| 18 | (4) A motor vehicle may not be driven from a direct course |
| 19 | in a lane on a highway until the driver has determined that the |
| 20 | vehicle is not entering a vehicular queue at a point ahead of |
| 21 | the last vehicle in the queue. As used in this subsection, the |
| 22 | term "queue" means more than one vehicle proceeding in the same |
| 23 | direction, traveling at less than the posted speed limit, and |
| 24 | aligned in one or more lanes for the purpose of exiting or |
| 25 | entering a roadway, merging, or traveling through a designated |
| 26 | construction zone. |
| 27 | Section 63. Subsection (1) of section 316.605, Florida |
| 28 | Statutes, is amended to read: |
| 29 | 316.605 Licensing of vehicles.-- |
| 30 | (1) Every vehicle, at all times while driven, stopped, or |
| 31 | parked upon any highways, roads, or streets of this state, shall |
| 32 | be licensed in the name of the owner thereof in accordance with |
| 33 | the laws of this state unless such vehicle is not required by |
| 34 | the laws of this state to be licensed in this state and shall, |
| 35 | except as otherwise provided in s. 320.0706 for front-end |
| 36 | registration license plates on truck tractors, display the |
| 37 | license plate or both of the license plates assigned to it by |
| 38 | the state, one on the rear and, if two, the other on the front |
| 39 | of the vehicle, each to be securely fastened to the vehicle |
| 40 | outside the main body of the vehicle in such manner as to |
| 41 | prevent the plates from swinging, with all letters, numerals, |
| 42 | printing, writing, and other identification marks upon the |
| 43 | plates regarding the word "Florida," the registration decal, and |
| 44 | the alphanumeric designation shall be clear and distinct and |
| 45 | free from defacement, mutilation, grease, and other obscuring |
| 46 | matter, so that they will be plainly visible and legible at all |
| 47 | times 100 feet from the rear or front. Nothing shall be placed |
| 48 | upon the face of a Florida plate except as permitted by law or |
| 49 | by rule or regulation of a governmental agency. No license |
| 50 | plates other than those furnished by the state shall be used. |
| 51 | However, if the vehicle is not required to be licensed in this |
| 52 | state, the license plates on such vehicle issued by another |
| 53 | state, by a territory, possession, or district of the United |
| 54 | States, or by a foreign country, substantially complying with |
| 55 | the provisions hereof, shall be considered as complying with |
| 56 | this chapter. A violation of this subsection is a noncriminal |
| 57 | traffic infraction, punishable as a nonmoving violation as |
| 58 | provided in chapter 318. |
| 59 | Section 64. Subsection (4) of section 316.613, Florida |
| 60 | Statutes, is amended to read: |
| 61 | 316.613 Child restraint requirements.-- |
| 62 | (4)(a) It is the legislative intent that all state, |
| 63 | county, and local law enforcement agencies, and safety councils, |
| 64 | in recognition of the problems with child death and injury from |
| 65 | unrestrained occupancy in motor vehicles, conduct a continuing |
| 66 | safety and public awareness campaign as to the magnitude of the |
| 67 | problem. |
| 68 | (b) The department may authorize the expenditure of funds |
| 69 | for the purchase of promotional items as part of the public |
| 70 | information and education campaigns provided for in this |
| 71 | subsection and ss. 316.614, 322.025, and 403.7145. |
| 72 | Section 65. Section 316.6131, Florida Statutes, is created |
| 73 | to read: |
| 74 | 316.6131 Educational expenditures.--The department may |
| 75 | authorize the expenditure of funds for the purchase of |
| 76 | educational items as part of the public information and |
| 77 | education campaigns promoting highway safety and awareness as |
| 78 | well as departmental community-based initiatives. Funds may be |
| 79 | expended for, but are not limited to, educational campaigns |
| 80 | provided in chapters 316, 320, and 322 and s. 403.7145. |
| 81 | Section 66. Section 317.0001, Florida Statutes, is amended |
| 82 | to read: |
| 83 | 317.0001 Short title.--This chapter Sections 317.0001- |
| 84 | 317.0013 may be cited as the "Florida Off-Highway Vehicle |
| 85 | Titling Act." |
| 86 | Section 67. Section 317.0003, Florida Statutes, is amended |
| 87 | to read: |
| 88 | 317.0003 Definitions.--As used in this chapter ss. |
| 89 | 317.0001-317.0013, the term: |
| 90 | (1) "ATV" means any motorized off-highway or all-terrain |
| 91 | vehicle 50 inches or less in width, having a dry weight of 900 |
| 92 | pounds or less, designed to travel on three or more low-pressure |
| 93 | tires, having a seat designed to be straddled by the operator |
| 94 | and handlebars for steering control, and intended for use by a |
| 95 | single operator and with no passenger. |
| 96 | (2) "Dealer" means any person authorized by the Department |
| 97 | of Revenue to buy, sell, resell, or otherwise distribute off- |
| 98 | highway vehicles. Such person must have a valid sales tax |
| 99 | certificate of registration issued by the Department of Revenue |
| 100 | and a valid commercial or occupational license required by any |
| 101 | county, municipality, or political subdivision of the state in |
| 102 | which the person operates. |
| 103 | (3) "Department" means the Department of Highway Safety |
| 104 | and Motor Vehicles. |
| 105 | (4) "Florida resident" means a person who has had a |
| 106 | principal place of domicile in this state for a period of more |
| 107 | than 6 consecutive months, who has registered to vote in this |
| 108 | state, who has made a statement of domicile pursuant to s. |
| 109 | 222.17, or who has filed for homestead tax exemption on property |
| 110 | in this state. |
| 111 | (5) "OHM" or "off-highway motorcycle" means any motor |
| 112 | vehicle used off the roads or highways of this state that has a |
| 113 | seat or saddle for the use of the rider and is designed to |
| 114 | travel with not more than two wheels in contact with the ground, |
| 115 | but excludes a tractor or a moped. |
| 116 | (6) "Off-highway vehicle" means any ATV, two-rider ATV, or |
| 117 | OHM that is used off the roads or highways of this state for |
| 118 | recreational purposes and that is not registered and licensed |
| 119 | for highway use pursuant to chapter 320. |
| 120 | (7) "Owner" means a person, other than a lienholder, |
| 121 | having the property in or title to an off-highway vehicle, |
| 122 | including a person entitled to the use or possession of an off- |
| 123 | highway vehicle subject to an interest held by another person, |
| 124 | reserved or created by agreement and securing payment of |
| 125 | performance of an obligation, but the term excludes a lessee |
| 126 | under a lease not intended as security. |
| 127 | (8) "Public lands" means lands within the state that are |
| 128 | available for public use and that are owned, operated, or |
| 129 | managed by a federal, state, county, or municipal governmental |
| 130 | entity. |
| 131 | (9) "Two-rider ATV" means any ATV that is specifically |
| 132 | designed by the manufacturer for a single operator and one |
| 133 | passenger. |
| 134 | Section 68. Subsection (1) of section 317.0004, Florida |
| 135 | Statutes, is amended to read: |
| 136 | 317.0004 Administration of off-highway vehicle titling |
| 137 | laws; records.-- |
| 138 | (1) The administration of off-highway vehicle titling laws |
| 139 | in this chapter ss. 317.0001-317.0013 is under the Department of |
| 140 | Highway Safety and Motor Vehicles, which shall provide for the |
| 141 | issuing, handling, and recording of all off-highway vehicle |
| 142 | titling applications and certificates, including the receipt and |
| 143 | accounting of off-highway vehicle titling fees. |
| 144 | Section 69. Section 317.0005, Florida Statutes, is amended |
| 145 | to read: |
| 146 | 317.0005 Rules, forms, and notices.-- |
| 147 | (1) The department may adopt rules pursuant to ss. |
| 148 | 120.536(1) and 120.54, which pertain to off-highway vehicle |
| 149 | titling, in order to implement the provisions of this chapter |
| 150 | ss. 317.0001-317.0013 conferring duties upon it. |
| 151 | (2) The department shall prescribe and provide suitable |
| 152 | forms for applications and other notices and forms necessary to |
| 153 | administer the provisions of this chapter ss. 317.0001-317.0013. |
| 154 | Section 70. Subsection (1) of section 317.0006, Florida |
| 155 | Statutes, is amended to read: |
| 156 | 317.0006 Certificate of title required.-- |
| 157 | (1) Any off-highway vehicle that is purchased by a |
| 158 | resident of this state after the effective date of this act or |
| 159 | that is owned by a resident and is operated on the public lands |
| 160 | of this state must be titled pursuant to this chapter ss. |
| 161 | 317.0001-317.0013. |
| 162 | Section 71. Section 317.0010, Florida Statutes, is amended |
| 163 | to read: |
| 164 | 317.0010 Disposition of fees.--Except as otherwise |
| 165 | specifically provided for in this chapter, the department shall |
| 166 | deposit all funds received under this chapter ss. 317.0001- |
| 167 | 317.0013, less administrative costs of $2 per title transaction, |
| 168 | into the Incidental Trust Fund of the Division of Forestry of |
| 169 | the Department of Agriculture and Consumer Services. |
| 170 | Section 72. Paragraph (c) of subsection (3) of section |
| 171 | 317.0012, Florida Statutes, is amended to read: |
| 172 | 317.0012 Crimes relating to certificates of title; |
| 173 | penalties.-- |
| 174 | (3) It is unlawful to: |
| 175 | (c) Use a false or fictitious name, give a false or |
| 176 | fictitious address, or make any false statement in any |
| 177 | application or affidavit required by this chapter ss. 317.0001- |
| 178 | 317.0013 or in a bill of sale or sworn statement of ownership or |
| 179 | otherwise commit a fraud in any application. |
| 180 |
|
| 181 | Any person who violates this subsection commits a felony of the |
| 182 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 183 | or s. 775.084. A violation of this subsection with respect to |
| 184 | any off-highway vehicle makes such off-highway vehicle |
| 185 | contraband which may be seized by a law enforcement agency and |
| 186 | forfeited under ss. 932.701-932.704. |
| 187 | Section 73. Section 317.0013, Florida Statutes, is amended |
| 188 | to read: |
| 189 | 317.0013 Nonmoving traffic violations.--Any person who |
| 190 | fails to comply with any provision of this chapter ss. 317.0001- |
| 191 | 317.0012 for which a penalty is not otherwise provided commits a |
| 192 | nonmoving traffic violation, punishable as provided in s. |
| 193 | 318.18. |
| 194 | Section 74. Subsection (4) of section 319.29, Florida |
| 195 | Statutes, is amended to read: |
| 196 | 319.29 Lost or destroyed certificates.-- |
| 197 | (4) The department shall implement a system to verify that |
| 198 | the application is signed by a person authorized to receive a |
| 199 | duplicate title certificate under this section if the address |
| 200 | shown on the application is different from the address shown for |
| 201 | the applicant on the records of the department. If the title |
| 202 | certificate is being delivered to someone other than the owner |
| 203 | of record, the identity of the person to whom the title |
| 204 | certificate is delivered must be verified and the documentation |
| 205 | of the verification must be maintained by the department. |
| 206 | Section 75. Subsections (25) and (26) of section 320.01, |
| 207 | Florida Statutes, are amended to read: |
| 208 | 320.01 Definitions, general.--As used in the Florida |
| 209 | Statutes, except as otherwise provided, the term: |
| 210 | (25) "Apportionable vehicle" means any vehicle, except |
| 211 | recreational vehicles, vehicles displaying restricted plates, |
| 212 | city pickup and delivery vehicles, buses used in transportation |
| 213 | of chartered parties, and government-owned vehicles, which is |
| 214 | used or intended for use in two or more member jurisdictions |
| 215 | that allocate or proportionally register vehicles and which is |
| 216 | used for the transportation of persons for hire or is designed, |
| 217 | used, or maintained primarily for the transportation of property |
| 218 | and: |
| 219 | (a) Is a power unit having a gross vehicle weight in |
| 220 | excess of 26,001 pounds or more; |
| 221 | (b) Is a power unit having three or more axles, regardless |
| 222 | of weight; or |
| 223 | (c) Is used in combination, when the weight of such |
| 224 | combination is exceeds 26,001 pounds or more gross vehicle |
| 225 | weight. |
| 226 |
|
| 227 | Vehicles, or combinations thereof, having a gross vehicle weight |
| 228 | of 26,001 pounds or less and two-axle vehicles may be |
| 229 | proportionally registered. |
| 230 | (26) "Commercial motor vehicle" means any vehicle that |
| 231 | which is not owned or operated by a governmental entity, that |
| 232 | which uses special fuel or motor fuel on the public highways, |
| 233 | and that which has a gross vehicle weight of 26,001 pounds or |
| 234 | more, or has three or more axles regardless of weight, or is |
| 235 | used in combination when the weight of the such combination is |
| 236 | exceeds 26,001 pounds or more gross vehicle weight. |
| 237 | Section 76. Subsection (3) of section 320.05, Florida |
| 238 | Statutes, is amended to read: |
| 239 | 320.05 Records of the department; inspection procedure; |
| 240 | lists and searches; fees.-- |
| 241 | (3)(a) The department is authorized, upon application of |
| 242 | any person and payment of the proper fees, to prepare and |
| 243 | furnish lists containing motor vehicle or vessel information in |
| 244 | a such form as the department may authorize, to search the |
| 245 | records of the department and make reports thereof, and to make |
| 246 | photographic copies of the department records and attestations |
| 247 | thereof. |
| 248 | (b) Fees therefor shall be charged and collected as |
| 249 | follows: |
| 250 | 1. For providing lists of motor vehicle or vessel records |
| 251 | for the entire state, or any part or parts thereof, divided |
| 252 | according to counties, a sum computed at a rate of not less than |
| 253 | 1 cent nor more than 5 cents per item. |
| 254 | 2. For providing noncertified photographic copies of motor |
| 255 | vehicle or vessel documents, $1 per page. |
| 256 | 3. For providing noncertified photographic copies of |
| 257 | micrographic records, $1 per page. |
| 258 | 4. For providing certified copies of motor vehicle or |
| 259 | vessel records, $3 per record. |
| 260 | 5. For providing noncertified computer-generated printouts |
| 261 | of motor vehicle or vessel records, 50 cents per record. |
| 262 | 6. For providing certified computer-generated printouts of |
| 263 | motor vehicle or vessel records, $3 per record. |
| 264 | 7. For providing electronic access to motor vehicle, |
| 265 | vessel, and mobile home registration data requested by tag, |
| 266 | vehicle identification number, title number, or decal number, 50 |
| 267 | cents per item, except that information provided via the |
| 268 | department's Internet website is free of charge. |
| 269 | 8. For providing electronic access to driver's license |
| 270 | status report by name, sex, and date of birth or by driver |
| 271 | license number, 50 cents per item. |
| 272 | 8.9. For providing lists of licensed mobile home dealers |
| 273 | and manufacturers and recreational vehicle dealers and |
| 274 | manufacturers, $15 per list. |
| 275 | 9.10. For providing lists of licensed motor vehicle |
| 276 | dealers, $25 per list. |
| 277 | 10.11. For each copy of a videotape record, $15 per tape. |
| 278 | 11.12. For each copy of the Division of Motor Vehicles |
| 279 | Procedures Manual, $25. |
| 280 | (c) Fees collected under pursuant to paragraph (b) shall |
| 281 | be deposited into the Highway Safety Operating Trust Fund. |
| 282 | (d) The department shall furnish the such information |
| 283 | without charge to any court or governmental entity. |
| 284 | (e) When motor vehicle, vessel, or mobile home |
| 285 | registration data is provided by electronic access through a tax |
| 286 | collector's office, a fee for the electronic access is not |
| 287 | required to be assessed. However, at the tax collector's |
| 288 | discretion, a fee equal to or less than the fee charged by the |
| 289 | department for the such information may be assessed by the tax |
| 290 | collector for the electronic access. Notwithstanding paragraph |
| 291 | (c), any funds collected by the tax collector as a result of |
| 292 | providing such access shall be retained by the tax collector. |
| 293 | Section 77. Subsection (4) of section 320.06, Florida |
| 294 | Statutes, is amended to read: |
| 295 | 320.06 Registration certificates, license plates, and |
| 296 | validation stickers generally.-- |
| 297 | (4) The corporation organized under chapter 946 may |
| 298 | manufacture license plates, validation stickers, and decals, as |
| 299 | well as temporary tags, disabled hang tags, vessel decals, and |
| 300 | fuel use decals, for the Department of Highway Safety and Motor |
| 301 | Vehicles as provided in this chapter and chapter 328 327. The |
| 302 | Department of Highway Safety and Motor Vehicles is not required |
| 303 | to obtain competitive bids in order to contract with the |
| 304 | corporation. |
| 305 | Section 78. Section 320.0607, Florida Statutes, is amended |
| 306 | to read: |
| 307 | 320.0607 Replacement license plates, validation decal, or |
| 308 | mobile home sticker.-- |
| 309 | (1) A Any law enforcement officer or department license |
| 310 | and registration inspector may at any time inspect a license |
| 311 | plate or validation decal for proper display and legibility as |
| 312 | prescribed by chapter 316. A damaged or defaced plate or decal |
| 313 | may be required to be replaced. |
| 314 | (2) When a license plate, mobile home sticker, or |
| 315 | validation decal has been lost, stolen, or destroyed, the owner |
| 316 | of the motor vehicle or mobile home for which the plate, |
| 317 | sticker, or decal was issued shall make application to the |
| 318 | department for a replacement. The application shall contain the |
| 319 | plate, sticker, or decal number being replaced and a statement |
| 320 | that the item was lost, stolen, or destroyed. If the application |
| 321 | includes a copy of the police report prepared in response to a |
| 322 | report of a stolen plate, sticker, or decal, such plate, |
| 323 | sticker, or decal must be replaced at no charge. |
| 324 | (3) The department shall implement a system to verify that |
| 325 | the replacement application is signed by a person authorized to |
| 326 | receive a replacement license plate or duplicate registration if |
| 327 | the address on the application is different from the address for |
| 328 | the applicant on the records of the department. If the |
| 329 | replacement license plate or duplicate registration is being |
| 330 | delivered to someone other than the owner of record, proof of |
| 331 | identity for that person must be verified and the physical |
| 332 | documentation of the verification must be maintained by the |
| 333 | department. |
| 334 | (4)(3) Except as provided in subsection (2), in all such |
| 335 | cases, upon filing of an application accompanied by a fee of $10 |
| 336 | plus applicable service charges, the department shall issue a |
| 337 | replacement plate, sticker, or decal as the case may be if it is |
| 338 | satisfied that the information reported in the application is |
| 339 | true. The replacement fee shall be deposited into the Highway |
| 340 | Safety Operating Trust Fund. |
| 341 | (5)(4) Any license plate, sticker, or decal lost in the |
| 342 | mail shall may be replaced at no charge. A Neither the service |
| 343 | charge or nor the replacement fee may not shall be applied to |
| 344 | the this replacement. However, the application for a replacement |
| 345 | must shall contain a statement that the license plate, sticker, |
| 346 | or decal was lost in the mail of such fact, the audit number of |
| 347 | the lost item, and the date issued. |
| 348 | (6)(5) Upon the issuance of an original license plate, the |
| 349 | applicant shall pay a fee of $10 to be deposited in the Highway |
| 350 | Safety Operating Trust Fund. |
| 351 | (7)(6) All funds derived from the sale of temporary tags |
| 352 | under the provisions of s. 320.131 shall be deposited in the |
| 353 | Highway Safety Operating Trust Fund. |
| 354 | Section 79. Section 320.0843, Florida Statutes, is amended |
| 355 | to read: |
| 356 | 320.0843 License plates for persons with disabilities |
| 357 | eligible for permanent disabled parking permits.-- |
| 358 | (1) An Any owner or lessee of a motor vehicle who resides |
| 359 | in this state and qualifies for a disabled parking permit under |
| 360 | s. 320.0848(2), upon application to the department and payment |
| 361 | of the license tax for a motor vehicle registered under s. |
| 362 | 320.08(2), (3)(a), (b), (c), or (e),(4)(a) or (b), (6)(a), or |
| 363 | (9)(c) or (d), shall be issued a license plate as provided by s. |
| 364 | 320.06 which, in lieu of the serial number prescribed by s. |
| 365 | 320.06, shall be stamped with the international wheelchair user |
| 366 | symbol after the serial number of the license plate. The license |
| 367 | plate entitles the person to all privileges afforded by a |
| 368 | parking permit issued under s. 320.0848. If more than one |
| 369 | registrant is listed on the registration issued under this |
| 370 | section, the eligible applicant for the license plate shall be |
| 371 | noted on the registration certificate. |
| 372 | (2) All applications for these such license plates must be |
| 373 | made to the department. |
| 374 | Section 80. Paragraph (f) of subsection (2) of section |
| 375 | 320.0848, Florida Statutes, is amended to read: |
| 376 | 320.0848 Persons who have disabilities; issuance of |
| 377 | disabled parking permits; temporary permits; permits for certain |
| 378 | providers of transportation services to persons who have |
| 379 | disabilities.-- |
| 380 | (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM |
| 381 | MOBILITY PROBLEMS.-- |
| 382 | (f) To obtain a replacement for a disabled parking permit |
| 383 | that has been lost or stolen, a person must submit an |
| 384 | application on a form prescribed by the department and must pay |
| 385 | a replacement fee in the amount of $1.00, to be retained by the |
| 386 | issuing agency. If the person submits with the application a |
| 387 | police report documenting that the permit was stolen, there is |
| 388 | no replacement fee. The department shall implement a system to |
| 389 | verify that the application for a disabled parking permit is |
| 390 | signed by a person authorized to receive a replacement or |
| 391 | duplicate disabled parking permit if the address on the |
| 392 | application is different from the address for the applicant on |
| 393 | the records of the department. If the replacement or duplicate |
| 394 | disabled parking permit is being delivered to someone other than |
| 395 | the owner of record, proof of identity for that person must be |
| 396 | verified and the physical documentation of the verification must |
| 397 | be maintained by the department. |
| 398 | Section 81. Subsection (4) of section 320.086, Florida |
| 399 | Statutes, is amended to read: |
| 400 | 320.086 Ancient or antique motor vehicles; "horseless |
| 401 | carriage," antique, or historical license plates.-- |
| 402 | (4) Any person who is the registered owner of a motor |
| 403 | vehicle as defined in this section that was and manufactured in |
| 404 | the model year 1975 1974 or earlier, may apply to the department |
| 405 | for permission to use a historical Florida license plate that |
| 406 | clearly represents the model year of the vehicle as a |
| 407 | personalized prestige license plate. This plate shall be |
| 408 | furnished by the such person and shall be presented to the |
| 409 | department with a reasonable fee to be determined by the |
| 410 | department for approval and for authentication that the historic |
| 411 | license plate and any applicable decals were issued by this |
| 412 | state in the same year as the model year of the car or truck. |
| 413 | The requirements of s. 320.0805(8)(b) do not apply to historical |
| 414 | plates authorized under this subsection. |
| 415 | Section 82. Section 322.025, Florida Statutes, is amended |
| 416 | to read: |
| 417 | 322.025 Driver improvement.-- |
| 418 | (1) The department may implement programs to improve the |
| 419 | driving ability of the drivers of this state. Such programs may |
| 420 | include, but are shall not be limited to, safety awareness |
| 421 | campaigns, driver training, and licensing improvement. |
| 422 | Motorcycle driver improvement programs implemented under |
| 423 | pursuant to this section or s. 322.0255 shall be funded by the |
| 424 | motorcycle safety education fee collected under pursuant to s. |
| 425 | 320.08(1)(c), which shall be deposited in the Highway Safety |
| 426 | Operating Trust Fund of the department and appropriated for that |
| 427 | purpose. |
| 428 | (2) The department may offer once during a driver's |
| 429 | lifetime to each driver who receives a points-warning letter |
| 430 | under s. 322.27(3)(f) or a restriction letter under s. 322.161 |
| 431 | the opportunity to attend, within 60 days after the date of such |
| 432 | letter, a basic driver improvement course approved by the |
| 433 | department. If the driver completes an approved course and |
| 434 | presents proof of completion to the department, the department |
| 435 | shall deduct three points from the citation that caused the |
| 436 | action from the driver's record and permanently record on the |
| 437 | driver's record that the one-time offer has been accepted and |
| 438 | used. This election is not available to any driver who has |
| 439 | attended a basic driver improvement course within the previous |
| 440 | 12 months. |
| 441 | Section 83. Paragraph (a) of subsection (1) of section |
| 442 | 322.09, Florida Statutes, is amended to read: |
| 443 | 322.09 Application of minors; responsibility for |
| 444 | negligence or misconduct of minor.-- |
| 445 | (1)(a) The application of any person under the age of 18 |
| 446 | years for a driver's license must be signed and verified before |
| 447 | a person authorized to administer oaths by the father, mother, |
| 448 | or guardian, by a secondary guardian if the primary guardian |
| 449 | dies before the minor reaches 18 years of age, or, if there is |
| 450 | no parent or guardian, by another responsible adult who is |
| 451 | willing to assume the obligation imposed under this chapter upon |
| 452 | a person signing the application of a minor. This section does |
| 453 | not apply to a person under the age of 18 years who is |
| 454 | emancipated by marriage. |
| 455 | Section 84. Section 322.11, Florida Statutes, is amended |
| 456 | to read: |
| 457 | 322.11 Revocation of license upon death of person signing |
| 458 | minor's application.--The department, upon receipt of |
| 459 | satisfactory evidence of the death of the person who signed the |
| 460 | application of a minor for a license, shall, 90 days after |
| 461 | giving written notice to the minor, cancel such license and may |
| 462 | shall not issue a new license until such time as the new |
| 463 | application, duly signed and verified, is made as required by |
| 464 | this chapter. This provision does shall not apply if in the |
| 465 | event the minor has attained the age of 18 years. |
| 466 | Section 85. Subsections (1) and paragraph (b) of |
| 467 | subsection (4) of section 322.12, Florida Statutes, are amended |
| 468 | to read: |
| 469 | 322.12 Examination of applicants.-- |
| 470 | (1) It is the intent of the Legislature that every |
| 471 | applicant for an original driver's license in this state be |
| 472 | required to pass an examination pursuant to this section. |
| 473 | However, the department may waive the knowledge, endorsement, |
| 474 | and skills tests for an applicant who is otherwise qualified and |
| 475 | who surrenders a valid driver's license from another state or a |
| 476 | province of Canada, or a valid driver's license issued by the |
| 477 | United States Armed Forces, if the driver applies for a Florida |
| 478 | license of an equal or lesser classification. Any applicant who |
| 479 | fails to pass the initial knowledge test will incur a $5 fee for |
| 480 | each subsequent test, to be deposited into the Highway Safety |
| 481 | Operating Trust Fund. Any applicant who fails to pass the |
| 482 | initial skills test will incur a $10 fee for each subsequent |
| 483 | test, to be deposited into the Highway Safety Operating Trust |
| 484 | Fund. A person who seeks to retain a hazardous-materials |
| 485 | endorsement, pursuant to s. 322.57(1)(e) 322.57(1)(d), must pass |
| 486 | the hazardous-materials test, upon surrendering his or her |
| 487 | commercial driver's license, if the person has not taken and |
| 488 | passed the hazardous-materials test within 2 years preceding his |
| 489 | or her application for a commercial driver's license in this |
| 490 | state. |
| 491 | (4) The examination for an applicant for a commercial |
| 492 | driver's license shall include a test of the applicant's |
| 493 | eyesight given by a driver's license examiner designated by the |
| 494 | department or by a licensed ophthalmologist, optometrist, or |
| 495 | physician and a test of the applicant's hearing given by a |
| 496 | driver's license examiner or a licensed physician. The |
| 497 | examination shall also include a test of the applicant's ability |
| 498 | to read and understand highway signs regulating, warning, and |
| 499 | directing traffic; his or her knowledge of the traffic laws of |
| 500 | this state pertaining to the class of motor vehicle which he or |
| 501 | she is applying to be licensed to operate, including laws |
| 502 | regulating driving under the influence of alcohol or controlled |
| 503 | substances, driving with an unlawful blood-alcohol level, and |
| 504 | driving while intoxicated; his or her knowledge of the effects |
| 505 | of alcohol and controlled substances and the dangers of driving |
| 506 | a motor vehicle after having consumed alcohol or controlled |
| 507 | substances; and his or her knowledge of any special skills, |
| 508 | requirements, or precautions necessary for the safe operation of |
| 509 | the class of vehicle which he or she is applying to be licensed |
| 510 | to operate. In addition, the examination shall include an actual |
| 511 | demonstration of the applicant's ability to exercise ordinary |
| 512 | and reasonable control in the safe operation of a motor vehicle |
| 513 | or combination of vehicles of the type covered by the license |
| 514 | classification which the applicant is seeking, including an |
| 515 | examination of the applicant's ability to perform an inspection |
| 516 | of his or her vehicle. |
| 517 | (b) A person who seeks to retain a hazardous-materials |
| 518 | endorsement must, upon renewal, pass the test for such |
| 519 | endorsement as specified in s. 322.57(1)(e) 322.57(1)(d), if the |
| 520 | person has not taken and passed the hazardous-materials test |
| 521 | within 2 years preceding his or her application for a commercial |
| 522 | driver's license in this state. |
| 523 | Section 86. Subsection (8) of section 322.121, Florida |
| 524 | Statutes, is amended to read: |
| 525 | 322.121 Periodic reexamination of all drivers.-- |
| 526 | (8) In addition to any other examination authorized by |
| 527 | this section, an applicant for a renewal of an endorsement |
| 528 | issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f) may |
| 529 | be required to complete successfully an examination of his or |
| 530 | her knowledge regarding state and federal rules, regulations, |
| 531 | and laws, governing the type of vehicle which he or she is |
| 532 | seeking an endorsement to operate. |
| 533 | Section 87. Subsection (11) of section 322.20, Florida |
| 534 | Statutes, is amended to read: |
| 535 | 322.20 Records of the department; fees; destruction of |
| 536 | records.-- |
| 537 | (11)(a) The department is authorized to charge the |
| 538 | following fees for the following services and documents: |
| 539 | 1. For providing a transcript of any one individual's |
| 540 | driver history record or any portion thereof for the past 3 |
| 541 | years or for searching for the such record when no record is |
| 542 | found to be on file....$2.10 |
| 543 | 2. For providing a transcript of any one individual's |
| 544 | driver history record or any portion thereof for the past 7 |
| 545 | years or for searching for the such record when no record is |
| 546 | found to be on file....$3.10 |
| 547 | 3. For providing a certified copy of a transcript of the |
| 548 | driver history record or any portion thereof for any one |
| 549 | individual....$3.10 |
| 550 | 4. For providing a certified photographic copy of a |
| 551 | document, per page....$1.00 |
| 552 | 5. For providing an exemplified record....$15.00 |
| 553 | 6. For providing photocopies of documents, papers, |
| 554 | letters, clearances, or license or insurance status reports, per |
| 555 | page....$0.50 |
| 556 | 7. For assisting persons in searching any one individual's |
| 557 | driver record at a terminal located at the department's general |
| 558 | headquarters in Tallahassee....$2.00 |
| 559 | 8. For providing electronic access to driver's license |
| 560 | status by name, gender, and date of birth, or by driver license |
| 561 | number, per item, except that information provided via the |
| 562 | department's Internet website shall be free of charge....$0.50 |
| 563 | (b) The department shall furnish the such information |
| 564 | without charge to any local, state, or federal law enforcement |
| 565 | agency or court upon proof satisfactory to the department as to |
| 566 | the purpose of the investigation. |
| 567 | Section 88. Subsection (2) of section 322.22, Florida |
| 568 | Statutes, is amended to read: |
| 569 | 322.22 Authority of department to cancel license, |
| 570 | identification card, vehicle or vessel registration, fuel-use |
| 571 | tax decal.-- |
| 572 | (2) Upon such cancellation, the licensee must surrender to |
| 573 | the department the license, identification card, vehicle or |
| 574 | vessel registration, or fuel-use tax decal so canceled. |
| 575 | Section 89. Paragraph (c) of subsection (2) of section |
| 576 | 322.292, Florida Statutes, is amended to read: |
| 577 | 322.292 DUI programs supervision; powers and duties of the |
| 578 | department.-- |
| 579 | (2) The department shall adopt rules to implement its |
| 580 | supervisory authority over DUI programs in accordance with the |
| 581 | procedures of chapter 120, including the establishment of |
| 582 | uniform standards of operation for DUI programs and the method |
| 583 | for setting and approving fees, as follows: |
| 584 | (c) Implement procedures for the granting and revoking of |
| 585 | licenses for DUI programs, including: |
| 586 | 1. A uniform application fee not to exceed $1,000 but in |
| 587 | an amount sufficient to cover the department's administrative |
| 588 | costs in processing and evaluating DUI program license |
| 589 | applications. The application fee shall not apply to programs |
| 590 | that apply for licensure to serve a county that does not have a |
| 591 | currently licensed DUI program or where the currently licensed |
| 592 | program has relinquished its license. |
| 593 | 2. In considering an application for approval of a DUI |
| 594 | program, the department shall determine whether improvements in |
| 595 | service may be derived from the operation of the DUI program and |
| 596 | the number of clients currently served in the circuit. The |
| 597 | department shall apply the following criteria: |
| 598 | a. The increased frequency of classes and availability of |
| 599 | locations of services offered by the applicant DUI program. |
| 600 | b. Services and fees offered by the applicant DUI program |
| 601 | and any existing DUI program. |
| 602 | c. The number of DUI clients currently served and |
| 603 | historical trends in the number of clients served in the |
| 604 | circuit. |
| 605 | d. The availability, accessibility, and service history of |
| 606 | any existing DUI program services. |
| 607 | e. The applicant DUI program's service history. |
| 608 | f. The availability of resources, including personnel, |
| 609 | demonstrated management capability, and capital and operating |
| 610 | expenditures of the applicant DUI program. |
| 611 | g. Improved services to minority and special needs |
| 612 | clients. |
| 613 | 3. Authority for competing applicants and currently |
| 614 | licensed DUI programs serving the same geographic area to |
| 615 | request an administrative hearing under chapter 120 to contest |
| 616 | the department's determination of need for an additional |
| 617 | licensed DUI program in that area. |
| 618 | 4. A requirement that the department revoke the license of |
| 619 | any DUI program that does not provide the services specified in |
| 620 | its application within 45 days after licensure and notify the |
| 621 | chief judge of that circuit of such revocation. |
| 622 | 5. A requirement that all applicants for initial licensure |
| 623 | as a DUI program in a particular circuit on and after the |
| 624 | effective date of this act must, at a minimum, satisfy each of |
| 625 | the following criteria: |
| 626 | a. Maintain a primary business office in the circuit which |
| 627 | is located in a permanent structure that is readily accessible |
| 628 | by public transportation, if public transportation is available. |
| 629 | The primary business office must be adequately staffed and |
| 630 | equipped to provide all DUI program support services, including |
| 631 | registration and a file for each person who registers for the |
| 632 | program. |
| 633 | b. Have a satellite office for registration of DUI |
| 634 | offenders in each county in the circuit which is located in a |
| 635 | permanent structure that is readily accessible by public |
| 636 | transportation, if public transportation is available. A |
| 637 | satellite office is not required in any county where the total |
| 638 | number of DUI convictions in the most recent calendar year is |
| 639 | less than 200. In a county where the total number of DUI |
| 640 | convictions in the most recent calendar year is less than 200 |
| 641 | and no satellite office is located in a permanent structure in |
| 642 | that county, another program provider otherwise meeting the |
| 643 | eligibility requirements of this section, upon recommendation of |
| 644 | the chief judge of the judicial circuit of that county, shall be |
| 645 | approved by the department to serve the county, and such |
| 646 | provider shall not be required to have a satellite office in |
| 647 | each county in the circuit. |
| 648 | c. Have a classroom in each county in the circuit which is |
| 649 | located in a permanent structure that is readily accessible by |
| 650 | public transportation, if public transportation is available. A |
| 651 | classroom is not required in any county where the total number |
| 652 | of DUI convictions in the most recent calendar year is less than |
| 653 | 100. A classroom may not be located within 250 feet of any |
| 654 | business that sells alcoholic beverages. However, a classroom |
| 655 | shall not be required to be relocated when a business selling |
| 656 | alcoholic beverages locates to within 250 feet of the classroom. |
| 657 | d. Have a plan for conducting all DUI education courses, |
| 658 | evaluation services, and other services required by the |
| 659 | department. The level I DUI education course must be taught in |
| 660 | four segments, with no more than 6 hours of classroom |
| 661 | instruction provided to any offender each day. All DUI education |
| 662 | courses must be in a classroom with face-to-face instruction and |
| 663 | interaction among offenders and an instructor. |
| 664 | e. Employ at least 1 full-time certified addiction |
| 665 | professional for the program at all times. |
| 666 | f. Document support from community agencies involved in |
| 667 | DUI education and substance abuse treatment in the circuit. |
| 668 | g. Have a volunteer board of directors and advisory |
| 669 | committee made up of citizens who reside in the circuit in which |
| 670 | licensure is sought. |
| 671 | h. Submit documentation of compliance with all applicable |
| 672 | federal, state, and local laws, including, but not limited to, |
| 673 | the Americans with Disabilities Act. |
| 674 | Section 90. Paragraph (c) of subsection (2) of section |
| 675 | 322.54, Florida Statutes, is amended to read: |
| 676 | 322.54 Classification.-- |
| 677 | (2) The department shall issue, pursuant to the |
| 678 | requirements of this chapter, drivers' licenses in accordance |
| 679 | with the following classifications: |
| 680 | (c) Any person, except a person who possesses a valid |
| 681 | Class A or a valid Class B driver's license, who drives a motor |
| 682 | vehicle combination having a gross vehicle weight rating, a |
| 683 | declared weight, or an actual weight, whichever is greatest, of |
| 684 | 26,001 pounds or more must possess a valid Class C driver's |
| 685 | license. Any person, except a person who possesses a valid Class |
| 686 | A or a valid Class B drivers license, who drives a motor vehicle |
| 687 | combination having a gross vehicle weight rating, a declared |
| 688 | weight, or an actual weight, whichever is greatest, of less than |
| 689 | 26,001 pounds and who is required to obtain an endorsement |
| 690 | pursuant to paragraph (1)(a), paragraph (1)(b), paragraph |
| 691 | (1)(c), paragraph (1)(d), or paragraph (1)(e), or paragraph |
| 692 | (1)(f) of s. 322.57, must possess a valid Class C driver's |
| 693 | license that is clearly restricted to the operation of a motor |
| 694 | vehicle or motor vehicle combination of less than 26,001 pounds. |
| 695 | Any person who possesses a valid Class C driver's license may, |
| 696 | subject to the appropriate restrictions and endorsements, drive |
| 697 | any class of motor vehicle, other than the type of motor vehicle |
| 698 | for which a Class A or a Class B driver's license is required, |
| 699 | within this state. |
| 700 | Section 91. Section 327.375, Florida Statutes, is created |
| 701 | to read: |
| 702 | 327.375 Commercial parasailing.-- |
| 703 | (1) "Commercial parasailing" means any activity involving |
| 704 | the towing of a person by a motorboat for consideration when: |
| 705 | (a) One or more persons are tethered to the towing vessel. |
| 706 | (b) The person or persons ascend above the water. |
| 707 | (c) The person or persons remain suspended above the water |
| 708 | while the vessel is underway. |
| 709 | (2) The commission shall regulate the use of commercial |
| 710 | parasailing by requiring, at a minimum, the licensing of persons |
| 711 | engaged in commercial parasailing and by requiring minimum |
| 712 | liability insurance necessary for commercial parasailing. In |
| 713 | order to recover the associated costs of regulating commercial |
| 714 | parasailing, the commission may impose an annual licensing fee |
| 715 | to be established by rule not to exceed $100 and a $10 |
| 716 | registration fee for each county in which the commercial |
| 717 | parasailing enterprise intends to provide service. The |
| 718 | commission may establish the requirements for minimum liability |
| 719 | insurance and maximum deductible amounts for that insurance by |
| 720 | rule. The commission has authority to adopt rules pursuant to |
| 721 | ss. 120.536(1) and 120.54 to implement the provisions of this |
| 722 | section. |
| 723 | (3) Any person engaged in commercial parasailing |
| 724 | operations shall meet the following operation requirements: |
| 725 | (a) Vessels engaged in commercial parasailing operations |
| 726 | must be designed and equipped for towing a person while |
| 727 | parasailing and must be equipped with a rear launch platform and |
| 728 | powered winch used to release and retrieve the tow line. |
| 729 | (b) All commercial parasail operators are required to have |
| 730 | a license for carrying passengers for hire issued by the United |
| 731 | States Coast Guard. |
| 732 | (c) All commercial parasailing operations shall include an |
| 733 | observer 18 years of age or older who is present in the vessel |
| 734 | at all times to monitor the progress of any airborne parasail |
| 735 | rider and parachute. |
| 736 | (d) All commercial parasail riders shall wear a United |
| 737 | States Coast Guard approved type I, type II, or type III |
| 738 | personal flotation device of the proper size and must be |
| 739 | connected to the towline and secured in a seat harness attached |
| 740 | to an ascending type of parachute. |
| 741 | (e) Commercial parasailing conducted in the Atlantic Ocean |
| 742 | and the Gulf of Mexico shall be restricted to not less than |
| 743 | three-eights nautical mile from the shore. This restriction |
| 744 | applies to the entire commercial parasailing apparatus, |
| 745 | including the vessel, towline, and rider. |
| 746 | (f) Commercial parasailing operations shall not be |
| 747 | conducted within 600 feet of any: |
| 748 | 1. Anchored vessel; |
| 749 | 2. Person in the water; |
| 750 | 3. Shore or seawall; or |
| 751 | 4. Structure, bridge, powerline, wharf, pier, dock, buoy, |
| 752 | platform, piling, channel marker, or other similar object. |
| 753 | (g) Commercial parasailing shall not be permitted on |
| 754 | bodies of water less than 1,200 feet in width from shore to |
| 755 | shore. |
| 756 | (h) All commercial parasailing towing vessels shall be |
| 757 | equipped with a functional VHF marine transceiver. |
| 758 | (i) Commercial parasailing shall be conducted only from |
| 759 | one-half hour after sunrise to one-half hour before sunset and |
| 760 | at no time during restricted visibility. |
| 761 | (j) Commercial parasailing is prohibited when there are |
| 762 | sustained winds of 20 knots or seas 5 feet or higher in the area |
| 763 | of operation. |
| 764 | (k) Towlines shall not exceed 800 feet in length. |
| 765 | (l) Commercial parasail operators shall only launch riders |
| 766 | from the flight deck of the vessels. |
| 767 | (m) No more than two persons shall be tethered to the |
| 768 | towing vessel and ascend above the water at any time. |
| 769 | (4) A person who violates this section commits a |
| 770 | misdemeanor of the second degree, punishable as provided in s. |
| 771 | 775.082 or s. 775.083. |
| 772 | Section 92. Subsection (2) of section 328.11, Florida |
| 773 | Statutes, is amended to read: |
| 774 | 328.11 Certificates Duplicate certificate of title; |
| 775 | expedited service; duplicate certificates.-- |
| 776 | (2) In addition to the fee imposed by subsection (1), the |
| 777 | Department of Highway Safety and Motor Vehicles shall charge a |
| 778 | fee of $5 for expedited service in issuing a duplicate |
| 779 | certificate of title. Application for such expedited service may |
| 780 | be made by mail or in person. The department shall issue each |
| 781 | certificate of title applied for under this subsection within 5 |
| 782 | working days after receipt of a proper application or shall |
| 783 | refund the additional $5 fee upon written request by the |
| 784 | applicant. |
| 785 |
|
| 786 |
|
| 787 | ================= T I T L E A M E N D M E N T ================= |
| 788 | On page 7, line(s) 16, |
| 789 | remove: All of said line |
| 790 |
|
| 791 | and insert: |
| 792 | amending s. 316.085, F.S.; prohibiting driving outside |
| 793 | authorized lanes or within pavement markings or traffic control |
| 794 | devices for certain purposes except under certain circumstances; |
| 795 | prohibiting a motor vehicle from entering a vehicular queue in |
| 796 | front of the last vehicle; defining "queue"; amending s. |
| 797 | 316.605, F.S.; revising provisions for display of license |
| 798 | plates; amending s. 316.613, F.S.; deleting provisions that |
| 799 | authorize the Department of Highway Safety and Motor Vehicles to |
| 800 | expend funds for certain purposes; creating s. 316.6131, F.S.; |
| 801 | providing for the department to authorize the expenditure of |
| 802 | funds for certain purposes; amending ss. 317.0001, 317.0003, |
| 803 | 317.0004, 317.0005, 317.0006, 317.0012, and 317.0013, F.S.; |
| 804 | revising references to incorporate changes made by the act; |
| 805 | amending s. 317.0010, F.S.; revising requirements for deposit of |
| 806 | certain funds; amending s. 319.29, F.S.; requiring the |
| 807 | department to verify the identity of certain persons receiving |
| 808 | title certificates and to maintain documentation of the |
| 809 | verification; amending s. 320.01, F.S.; revising the definitions |
| 810 | of "apportionable vehicle" and "commercial motor vehicle"; |
| 811 | amending s. 320.05, F.S.; removing fees for electronic access to |
| 812 | certain motor vehicle and vessel information; amending s. |
| 813 | 320.06, F.S.; correcting a cross reference; amending s. |
| 814 | 320.0607, F.S.; requiring the department to verify the identity |
| 815 | of certain persons receiving a replacement license plate or |
| 816 | duplicate registration and to maintain documentation of the |
| 817 | verification; amending s. 320.0843, F.S.; requiring that the |
| 818 | applicant eligible for a disabled parking plate be noted on the |
| 819 | registration certificate; amending s. 320.0848, F.S.; requiring |
| 820 | the department to verify the identity of certain persons |
| 821 | receiving a replacement or duplicate disabled parking permit and |
| 822 | to maintain documentation of the verification; amending s. |
| 823 | 320.086, F.S.; revising provisions relating to historical |
| 824 | license plates; amending s. 322.025, F.S.; authorizing the |
| 825 | department to offer an opportunity to attend a basic driver |
| 826 | improvement course for drivers who meet certain criteria; |
| 827 | requiring the department to deduct points from the driver's |
| 828 | record upon completion of the course; limiting availability of |
| 829 | the opportunity; amending s. 322.09, F.S.; requiring the |
| 830 | signature of a secondary guardian on a driver's license |
| 831 | application of a minor under certain circumstances; amending s. |
| 832 | 322.11, F.S.; providing for notice to a minor before canceling |
| 833 | the minor's license due to the death of the person who signed |
| 834 | the driver's license application; amending s. 322.12, 322.121, |
| 835 | and 322.54, F.S.; conforming references to changes made by the |
| 836 | act; amending s. 322.20, F.S.; authorizing the department to |
| 837 | charge fees for electronic access to certain driver license |
| 838 | information; requiring that certain information be available |
| 839 | free of charge on the department's Internet website; amending s. |
| 840 | 322.22, F.S.; requiring surrender of any identification card, |
| 841 | vehicle or vessel registration, or fuel-use tax decal under |
| 842 | certain circumstances; amending s. 322.292, F.S.; revising |
| 843 | requirements for initial licensure as a DUI program; creating s. |
| 844 | 327.375, F.S.; providing regulations for commercial parasailing; |
| 845 | defining "commercial parasailing"; providing for regulation by |
| 846 | the Fish and Wildlife Conservation Commission; requiring |
| 847 | licensing and liability insurance; providing for rules |
| 848 | establishing minimum liability and maximum deductible amounts; |
| 849 | authorizing the commission to adopt rules; providing commercial |
| 850 | parasailing operation requirements; providing penalties; |
| 851 | amending s. 328.11, F.S.; providing for expedited service |
| 852 | issuing certificates of title for vessels; providing a fee; |
| 853 | providing effective dates. |