HB 1809

CS

CHAMBER ACTION

2	The Committee on Finance & Tax recommends the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to motor vehicles, mobile homes, and
8	vessels; amending s. 261.03, F.S.; revising the definition
9	of "off-highway vehicle"; defining "two-rider ATV";
10	amending s. 261.05, F.S.; requiring the Off-Highway
11	Vehicle Recreation Advisory Committee to provide a report
12	to the Governor and the Legislature; amending s. 316.003,
13	F.S.; revising the definitions of "motorcycle" and
14	"motorized scooter"; defining "traffic signal preemption
15	system"; amending s. 316.006, F.S.; authorizing transfer
16	of traffic regulatory authority by interlocal agreement
17	from a municipality to a county; amending s. 316.0775,
18	F.S.; prohibiting unauthorized use or possession of a
19	traffic signal preemption system; providing penalties;
20	amending s. 316.122, F.S.; requiring the operator of a
21	vehicle turning left to yield to certain vehicles passing
22	on the left; providing penalties; creating s. 316.1576,
23	F.S.; providing clearance specifications for a railroad-
24	highway grade crossing; providing penalties; amending s.
25	316.183, F.S.; increasing the minimum speed limit on
26	interstate highways under certain circumstances; amending
27	s. 316.1932, F.S.; revising the requirements for printing
28	the warning of consent for certain testing for drugs or
29	alcohol on a driver's license; amending s. 316.194, F.S.;
30	authorizing traffic accident investigation officers to
31	remove vehicles under certain circumstances; amending s.
32	316.1967, F.S.; providing that the lessee of a vehicle,
33	rather than the owner, is responsible for parking ticket
34	violations under certain circumstances; amending s.
35	316.2074, F.S.; revising the definition of "all-terrain
36	vehicle"; amending s. 316.515, F.S.; authorizing the use
37	of certain agricultural tractors and agricultural
38	implements for the purpose of transporting certain
39	products; amending s. 316.613, F.S.; deleting provisions
40	that authorize the Department of Highway Safety and Motor
41	Vehicles to expend funds for certain purposes; creating s.
42	316.6131, F.S.; providing for the department to authorize
43	the expenditure of funds for certain purposes; amending s.
44	316.650, F.S.; providing exceptions to a prohibition
45	against using citations as evidence in a trial; amending
46	s. 317.0003, F.S.; revising the definition of "off-highway
47	vehicle"; defining "two-rider ATV"; amending s. 317.0007,
48	F.S.; authorizing the department to issue a validation
49	sticker as an additional proof of title for an off-highway
50	vehicle; providing for the replacement of lost or
51	destroyed off-highway vehicle validation stickers;
52	providing for disposition of fees; amending s. 317.0008,
53	F.S.; deleting a provision relating to the expedited
54	issuance of duplicate certificates of title for off-
55	highway vehicles; amending ss. 317.0001, 317.0004,
56	317.0005, 317.0006, 317.0010, 317.0012, and 317.0013,
57	F.S.; conforming cross references; creating s. 317.0014,
58	F.S.; establishing procedures for the issuance of a
59	certificate of title for an off-highway vehicle; providing
60	duties of the department; providing for a notice of lien
61	and lien satisfaction; providing for issuance of a
62	duplicate certificate; requiring return of certificate of
63	title under certain circumstances; providing penalties for
64	failure to return the certificate; providing for
65	electronic transmission of liens; creating s. 317.0015,
66	F.S.; providing for the applicability of certain
67	provisions of law to the titling of off-highway vehicles;
68	creating s. 317.0016, F.S.; providing for the expedited
69	issuance of titles for off-highway vehicles; providing for
70	a fee; providing for disposition of fees collected;
71	creating s. 317.0017, F.S.; prohibiting specified actions
72	relating to the issuance of titles for off-highway
73	vehicles; providing penalties; creating s. 317.0018, F.S.;
74	prohibiting the transfer of an off-highway vehicle without
75	delivery of a certificate of title; requiring certificate
76	of title; requiring surrender of said title under certain
77	circumstances; providing penalties for violations;
78	amending s. 318.14, F.S.; authorizing the department to
79	modify certain actions to suspend or revoke a driver's
80	license following certain notice of final disposition;
81	reenacting s. 318.14(9), F.S., relating to citation
82	procedures and proceedings, to incorporate the amendment
83	to s. 322.61, F.S., in a reference thereto; amending s.
84	318.15, F.S.; providing for disposition of fees; amending
85	s. 319.23, F.S.; requiring a licensed motor vehicle dealer
86	to notify the department of a motor vehicle or mobile home
87	acquired as a trade-in; requiring the department to update
88	its title record; amending s. 319.27, F.S.; correcting
89	obsolete cross references; amending s. 319.29, F.S.;
90	requiring the department to verify the identity of certain
91	persons receiving title certificates and to maintain
92	documentation of the verification; amending s. 320.01,
93	F.S.; revising the definitions of "motor vehicle,"
94	"apportionable vehicle," and "commercial motor vehicle";
95	amending s. 320.05, F.S.; removing fees for electronic
96	access to certain motor vehicle and vessel information;
97	amending s. 320.06, F.S.; correcting a cross reference;
98	amending s. 320.0601, F.S.; requiring that a transaction
99	of a long-term leased motor vehicle be registered in the
100	name of the lessee; amending s. 320.0605, F.S.; exempting
101	a vehicle registered as a fleet vehicle from the
102	requirement that the certificate of registration be
103	carried in the vehicle at all times; amending s. 320.0607,
104	F.S.; requiring the department to verify the identity of
105	certain persons receiving a replacement license plate or
106	duplicate registration and to maintain documentation of
107	the verification; amending s. 320.0843, F.S.; requiring
108	that the applicant eligible for a disabled parking plate
109	be noted on the registration certificate; amending s.
110	320.0848, F.S.; requiring the department to verify the
111	identity of certain persons receiving a replacement or
112	duplicate disabled parking permit and to maintain
113	documentation of the verification; amending s. 320.086,
114	F.S.; revising provisions relating to historical license
115	plates; amending s. 320.131, F.S.; authorizing the
116	department to provide for an electronic system for motor
117	vehicle dealers to use in issuing temporary tags;
118	providing penalties; amending s. 320.18, F.S.; authorizing
119	the department to cancel the vehicle or vessel
120	registration, driver's license, or identification card of
121	a person who pays certain fees or penalties with a
122	dishonored check; amending s. 320.27, F.S.; requiring
123	certain dealer principals to provide certification of
124	completing continuing education under certain
125	circumstances; providing education requirements; requiring
126	dealer schools to issue certificates of completion;
127	providing for required training and information seminars
128	to be conducted by licensed motor vehicle dealer training
129	schools; requiring motor vehicle dealers to maintain
130	records for a specified period; providing penalties for
131	failure to comply with specified requirements for issuing
132	temporary tags; amending s. 320.8249, F.S.; revising
133	provisions prohibiting certain acts by mobile home
134	installers; providing penalties; amending s. 322.01, F.S.;
135	excluding motorized scooters from the definitions of
136	"motorcycle" and "motor vehicle"; amending s. 322.05,
137	F.S.; removing requirements for a Class D driver's
138	license; amending s. 322.051, F.S.; revising
139	identification card application requirements; revising
140	timeframe for expiration of such cards; providing
141	requirements for issuance of such cards; prohibiting
142	waiver of the requirement for a fullface photograph or
143	digital image on such card; amending s. 322.07, F.S.;
144	removing requirements for a Class D driver's license;
145	amending s. 322.08, F.S.; revising driver's license
146	application requirements; amending s. 322.12, F.S.;
147	removing requirements for a Class D driver's license;
148	conforming cross references; amending s. 322.121, F.S.;
149	conforming cross references; amending s. 322.135, F.S.;
150	revising requirements for the deposit of certain fees for
151	a driver's license; revising requirements for the tax
152	collector in directing a licensee for examination or
153	reexamination; requiring county officers to pay certain
154	funds to the State Treasury by electronic funds transfer
155	within a specified period; amending s. 322.142, F.S.;
156	prohibiting waiver of the requirement for a fullface
157	photograph or digital image on a driver's license;
158	amending s. 322.161, F.S.; removing requirements for a
159	Class D driver's license; amending s. 322.17, F.S.,
160	relating to duplicate and replacement certificates;
161	conforming cross references; amending s. 322.18, F.S.;
162	revising timeframe for expiration of certain driver's
163	licenses; conforming cross references; amending s. 322.19,
164	F.S., relating to change of address or name; conforming
165	cross references; amending s. 322.20, F.S.; authorizing
166	the department to charge fees for electronic access to
167	certain driver license information; requiring that certain
168	information be available free of charge on the
169	department's Internet website; amending s. 322.21, F.S.;
170	removing requirements for a Class D driver's license;
171	requiring the department to set by rule a fee for a
172	hazardous-materials endorsement; providing for deposit of
173	fee proceeds; amending s. 322.22, F.S.; authorizing the
174	department to cancel any identification card, vehicle or
175	vessel registration, or fuel-use tax decal of a licensee
176	who fails to pay certain fees or pays certain fees or
177	penalties with a dishonored check; requiring surrender of
178	such card, registration, or decal; amending s. 322.251,
179	F.S.; removing requirements for a Class D driver's
180	license; amending s. 322.292, F.S.; requiring all DUI
181	education courses to be conducted in a classroom with
182	interaction among offenders and an instructor; revising
183	requirements for initial licensure as a DUI program;
184	amending ss. 322.30 and 322.53, F.S.; removing
185	requirements for a Class D driver's license; amending s.
186	322.54, F.S.; revising driver's license classification
187	requirements; removing requirements for a Class D driver's
188	license; conforming cross references; amending s. 322.57,
189	F.S.; providing testing requirements for school bus
190	drivers; revising driver's license classification
191	requirements; amending s. 322.58, F.S.; removing
192	requirements for a Class D driver's license; changing such
193	requirements to Class E driver's license requirements;
194	amending s. 322.61, F.S.; specifying additional violations
195	that disqualify a person from operating a commercial motor
196	vehicle; revising application to provide for violations
197	while operating a noncommercial motor vehicle; providing
198	penalties; removing requirements for a Class D driver's
199	license; amending s. 322.63, F.S.; revising provisions for
200	alcohol and drug testing of commercial motor vehicle
201	operators; revising the requirements for printing the
202	notice of consent for certain testing for drugs or alcohol
203	on a commercial driver's license; reenacting s.
204	322.64(14), F.S., relating to department review of
205	disqualification from operating a commercial motor
206	vehicle, to incorporate the amendment to s. 322.61, F.S.,
207	in a reference thereto; amending s. 328.11, F.S.;
208	providing for expedited service for issuance of
209	certificates of title for vessels; providing for a fee;
210	amending s. 713.78, F.S.; revising provisions for the
211	imposition of a wrecker operator's lien against a motor
212	vehicle, vessel, or mobile home; providing that such
213	provisions do not apply to any vehicle registered in the
214	name of a lessor; amending s. 832.06, F.S.; providing for
215	process and refunding by a state agency of certain
216	worthless checks received by a county tax collector;
217	providing effective dates.
218
219	Be It Enacted by the Legislature of the State of Florida:
220
221	Section 1.  Subsection (6) of section 261.03, Florida
222	Statutes, is amended, and subsection (11) is added to said
223	section, to read:
224	261.03  Definitions.--As used in this chapter, the term:
225	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
226	OHM that is used off the roads or highways of this state for
227	recreational purposes and that is not registered and licensed
228	for highway use under chapter 320.
229	(11)  "Two-rider ATV" means any ATV that is specifically
230	designed by the manufacturer for a single operator and one
231	passenger.
232	Section 2.  Subsection (2) of section 261.05, Florida
233	Statutes, is amended to read:
234	261.05  Duties and responsibilities of the Off-Highway
235	Vehicle Recreation Advisory Committee.--
236	(2)  The advisory committee shall study and make
237	recommendations to the Governor and the Legislature department
238	regarding off-highway vehicle safety and training and education
239	programs in the operation of such vehicles and shall provide a
240	report to the Governor, the President of the Senate, and the
241	Speaker of the House of Representatives by January 1, 2005.
242	Section 3.  Subsections (22) and (82) of section 316.003,
243	Florida Statutes, are amended, and subsection (84) is added to
244	said section, to read:
245	316.003  Definitions.--The following words and phrases,
246	when used in this chapter, shall have the meanings respectively
247	ascribed to them in this section, except where the context
248	otherwise requires:
249	(22)  MOTORCYCLE.--Any motor vehicle having a seat or
250	saddle for the use of the rider and designed to travel on not
251	more than three wheels in contact with the ground, but excluding
252	a tractor, a motorized scooter, or a moped.
253	(82)  MOTORIZED SCOOTER.--Any two or three-wheeled device,
254	other than a motorcycle, moped, or motorized bicycle, that has
255	handlebars, is designed to be stood or sat upon by the operator,
256	is powered by an electric motor or gasoline engine, and is
257	vehicle not having a seat or saddle for the use of the rider,
258	designed to travel on not more than three wheels, and not
259	capable of propelling the vehicle at a speed greater than 30
260	miles per hour on level ground when in proper working condition.
261	(84)  TRAFFIC SIGNAL PREEMPTION SYSTEM.--Any system or
262	device with the capability of activating a control mechanism
263	mounted on or near a traffic signal that alters a traffic
264	signal's timing cycle.
265	Section 4.  Subsection (2) of section 316.006, Florida
266	Statutes, is amended to read:
267	316.006  Jurisdiction.--Jurisdiction to control traffic is
268	vested as follows:
269	(2)  MUNICIPALITIES.--
270	(a)  Chartered municipalities shall have original
271	jurisdiction over all streets and highways located within their
272	boundaries, except state roads, and may place and maintain such
273	traffic control devices which conform to the manual and
274	specifications of the Department of Transportation upon all
275	streets and highways under their original jurisdiction as they
276	shall deem necessary to indicate and to carry out the provisions
277	of this chapter or to regulate, warn, or guide traffic.
278	(b)  A municipality may exercise jurisdiction over any
279	private road or roads, or over any limited access road or roads
280	owned or controlled by a special district, located within its
281	boundaries if the municipality and party or parties owning or
282	controlling such road or roads provide, by written agreement
283	approved by the governing body of the municipality, for
284	municipal traffic control jurisdiction over the road or roads
285	encompassed by such agreement. Pursuant thereto:
286	1.  Provision for reimbursement for actual costs of traffic
287	control and enforcement and for liability insurance and
288	indemnification by the party or parties, and such other terms as
289	are mutually agreeable, may be included in such an agreement.
290	2.  The exercise of jurisdiction provided for herein shall
291	be in addition to jurisdictional authority presently exercised
292	by municipalities under law, and nothing in this paragraph shall
293	be construed to limit or remove any such jurisdictional
294	authority. Such jurisdiction includes regulation of access to
295	such road or roads by security devices or personnel.
296	3.  Any such agreement may provide for the installation of
297	multiparty stop signs by the parties controlling the roads
298	covered by the agreement if a determination is made by such
299	parties that the signage will enhance traffic safety. Multiparty
300	stop signs must conform to the manual and specifications of the
301	Department of Transportation; however, minimum traffic volumes
302	may not be required for the installation of such signage.
303	Enforcement for the signs shall be as provided in s. 316.123.
304	(c)  Notwithstanding other provisions of law to the
305	contrary, a municipality may, by interlocal agreement with a
306	county, agree to transfer traffic regulatory authority over
307	areas within the municipality to the county.
308
309	This subsection shall not limit those counties which have the
310	charter powers to provide and regulate arterial, toll, and other
311	roads, bridges, tunnels, and related facilities from the proper
312	exercise of those powers by the placement and maintenance of
313	traffic control devices which conform to the manual and
314	specifications of the Department of Transportation on streets
315	and highways located within municipal boundaries.
316	Section 5.  Section 316.0775, Florida Statutes, is amended
317	to read:
318	316.0775  Interference with official traffic control
319	devices or railroad signs or signals.--
320	(1)  A No person may not shall, without lawful authority,
321	attempt to or in fact alter, deface, injure, knock down, or
322	remove any official traffic control device or any railroad sign
323	or signal or any inscription, shield, or insignia thereon, or
324	any other part thereof. A violation of this subsection section
325	is a criminal violation pursuant to s. 318.17 and shall be
326	punishable as set forth in s. 806.13 related to criminal
327	mischief and graffiti, beginning on or after July 1, 2000.
328	(2)  A person may not, without lawful authority, possess or
329	use any traffic signal preemption system as defined in s.
330	316.003. A person who violates this subsection commits a moving
331	violation, punishable as provided in chapter 318, and shall have
332	4 points assessed against his or her driver's license as set
333	forth in s. 322.27.
334	Section 6.  Section 316.122, Florida Statutes, is amended
335	to read:
336	316.122  Vehicle turning left.--The driver of a vehicle
337	intending to turn to the left within an intersection or into an
338	alley, private road, or driveway shall yield the right-of-way to
339	any vehicle approaching from the opposite direction, or any
340	vehicle lawfully passing on the left of the turning vehicle,
341	which is within the intersection or so close thereto as to
342	constitute an immediate hazard. A violation of this section is a
343	noncriminal traffic infraction, punishable as a moving violation
344	as provided in chapter 318.
345	Section 7.  Section 316.1576, Florida Statutes, is created
346	to read:
347	316.1576  Insufficient clearance at a railroad-highway
348	grade crossing.--
349	(1)  A person may not drive any vehicle through a railroad-
350	highway grade crossing that does not have sufficient space to
351	drive completely through the crossing without stopping.
352	(2)  A person may not drive any vehicle through a railroad-
353	highway grade crossing that does not have sufficient
354	undercarriage clearance to drive completely through the crossing
355	without stopping.
356	(3)  A violation of this section is a noncriminal traffic
357	infraction, punishable as a moving violation as provided in
358	chapter 318.
359	Section 8.  Subsection (2) of section 316.183, Florida
360	Statutes, is amended to read:
361	316.183  Unlawful speed.--
362	(2)  On all streets or highways, the maximum speed limits
363	for all vehicles must be 30 miles per hour in business or
364	residence districts, and 55 miles per hour at any time at all
365	other locations. However, with respect to a residence district,
366	a county or municipality may set a maximum speed limit of 20 or
367	25 miles per hour on local streets and highways after an
368	investigation determines that such a limit is reasonable. It is
369	not necessary to conduct a separate investigation for each
370	residence district. The minimum speed limit on all highways that
371	comprise a part of the National System of Interstate and Defense
372	Highways and have not fewer than four lanes is 40 miles per
373	hour, except that when the posted speed limit is 70 miles per
374	hour, the minimum speed limit is 50 miles per hour.
375	Section 9.  Paragraph (e) of subsection (1) of section
376	316.1932, Florida Statutes, is amended to read:
377	316.1932  Tests for alcohol, chemical substances, or
378	controlled substances; implied consent; refusal.--
379	(1)
380	(e)1.  By applying for a driver's license and by accepting
381	and using a driver's license, the person holding the driver's
382	license is deemed to have expressed his or her consent to the
383	provisions of this section.
384	2.  A nonresident or any other person driving in a status
385	exempt from the requirements of the driver's license law, by his
386	or her act of driving in such exempt status, is deemed to have
387	expressed his or her consent to the provisions of this section.
388	3.  A warning of the consent provision of this section
389	shall be printed above the signature line on each new or renewed
390	driver's license.
391	Section 10.  Paragraphs (a) and (b) of subsection (3) of
392	section 316.194, Florida Statutes, are amended to read:
393	316.194  Stopping, standing or parking outside of
394	municipalities.--
395	(3)(a)  Whenever any police officer or traffic accident
396	investigation officer finds a vehicle standing upon a highway in
397	violation of any of the foregoing provisions of this section,
398	the officer is authorized to move the vehicle, or require the
399	driver or other persons in charge of the vehicle to move the
400	vehicle same, to a position off the paved or main-traveled part
401	of the highway.
402	(b)  Officers and traffic accident investigation officers
403	may are hereby authorized to provide for the removal of any
404	abandoned vehicle to the nearest garage or other place of
405	safety, cost of such removal to be a lien against motor vehicle,
406	when an said abandoned vehicle is found unattended upon a bridge
407	or causeway or in any tunnel, or on any public highway in the
408	following instances:
409	1.  Where such vehicle constitutes an obstruction of
410	traffic;
411	2.  Where such vehicle has been parked or stored on the
412	public right-of-way for a period exceeding 48 hours, in other
413	than designated parking areas, and is within 30 feet of the
414	pavement edge; and
415	3.  Where an operative vehicle has been parked or stored on
416	the public right-of-way for a period exceeding 10 days, in other
417	than designated parking areas, and is more than 30 feet from the
418	pavement edge. However, the agency removing such vehicle shall
419	be required to report same to the Department of Highway Safety
420	and Motor Vehicles within 24 hours after of such removal.
421	Section 11.  Section 316.1967, Florida Statutes, is amended
422	to read:
423	316.1967  Liability for payment of parking ticket
424	violations and other parking violations.--
425	(1)  The owner of a vehicle is responsible and liable for
426	payment of any parking ticket violation unless the owner can
427	furnish evidence, when required by this subsection, that the
428	vehicle was, at the time of the parking violation, in the care,
429	custody, or control of another person. In such instances, the
430	owner of the vehicle is required, within a reasonable time after
431	notification of the parking violation, to furnish to the
432	appropriate law enforcement authorities an affidavit setting
433	forth the name, address, and driver's license number of the
434	person who leased, rented, or otherwise had the care, custody,
435	or control of the vehicle. The affidavit submitted under this
436	subsection is admissible in a proceeding charging a parking
437	ticket violation and raises the rebuttable presumption that the
438	person identified in the affidavit is responsible for payment of
439	the parking ticket violation. The owner of a vehicle is not
440	responsible for a parking ticket violation if the vehicle
441	involved was, at the time, stolen or in the care, custody, or
442	control of some person who did not have permission of the owner
443	to use the vehicle. The owner of a leased vehicle is not
444	responsible for a parking ticket violation and is not required
445	to submit an affidavit or the other evidence specified in this
446	section if the vehicle is registered in the name of the person
447	who leased the vehicle.
448	(2)  Any person who is issued a county or municipal parking
449	ticket by a parking enforcement specialist or officer is deemed
450	to be charged with a noncriminal violation and shall comply with
451	the directions on the ticket. If payment is not received or a
452	response to the ticket is not made within the time period
453	specified thereon, the county court or its traffic violations
454	bureau shall notify the registered owner of the vehicle that was
455	cited, or the registered lessee when the cited vehicle is
456	registered in the name of the person who leased the vehicle, by
457	mail to the address given on the motor vehicle registration, of
458	the ticket. Mailing the notice to this address constitutes
459	notification. Upon notification, the registered owner or
460	registered lessee shall comply with the court's directive.
461	(3)  Any person who fails to satisfy the court's directive
462	waives his or her right to pay the applicable civil penalty.
463	(4)  Any person who elects to appear before a designated
464	official to present evidence waives his or her right to pay the
465	civil penalty provisions of the ticket. The official, after a
466	hearing, shall make a determination as to whether a parking
467	violation has been committed and may impose a civil penalty not
468	to exceed $100 or the fine amount designated by county
469	ordinance, plus court costs. Any person who fails to pay the
470	civil penalty within the time allowed by the court is deemed to
471	have been convicted of a parking ticket violation, and the court
472	shall take appropriate measures to enforce collection of the
473	fine.
474	(5)  Any provision of subsections (2), (3), and (4) to the
475	contrary notwithstanding, chapter 318 does not apply to
476	violations of county parking ordinances and municipal parking
477	ordinances.
478	(6)  Any county or municipality may provide by ordinance
479	that the clerk of the court or the traffic violations bureau
480	shall supply the department with a magnetically encoded computer
481	tape reel or cartridge or send by other electronic means data
482	which is machine readable by the installed computer system at
483	the department, listing persons who have three or more
484	outstanding parking violations, including violations of s.
485	316.1955. Each county shall provide by ordinance that the clerk
486	of the court or the traffic violations bureau shall supply the
487	department with a magnetically encoded computer tape reel or
488	cartridge or send by other electronic means data that is machine
489	readable by the installed computer system at the department,
490	listing persons who have any outstanding violations of s.
491	316.1955 or any similar local ordinance that regulates parking
492	in spaces designated for use by persons who have disabilities.
493	The department shall mark the appropriate registration records
494	of persons who are so reported. Section 320.03(8) applies to
495	each person whose name appears on the list.
496	Section 12.  Subsection (2) of section 316.2074, Florida
497	Statutes, is amended to read:
498	316.2074  All-terrain vehicles.--
499	(2)  As used in this section, the term "all-terrain
500	vehicle" means any motorized off-highway vehicle 50 inches or
501	less in width, having a dry weight of 900 pounds or less,
502	designed to travel on three or more low-pressure tires, having a
503	seat designed to be straddled by the operator and handlebars for
504	steering control, and intended for use by a single operator with
505	no passenger. For the purposes of this section, "all-terrain
506	vehicle" also includes any two-rider ATV as defined in s.
507	317.0003.
508	Section 13.  Subsection (5) of section 316.515, Florida
509	Statutes, is amended to read:
510	316.515  Maximum width, height, length.--
511	(5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS, SAFETY
512	REQUIREMENTS.--Notwithstanding any other provisions of law,
513	straight trucks, agricultural tractors, and cotton module
514	movers, not exceeding 50 feet in length, or any combination of
515	up to and including three implements of husbandry including the
516	towing power unit, any agricultural implements attached to the
517	towing power unit, and any single agricultural trailer, with a
518	load thereon not exceeding 130 inches in width, or a self-
519	propelled agricultural implement or an agricultural tractor is
520	authorized for the purpose of transporting peanuts, grains,
521	soybeans, cotton, hay, straw, or other perishable farm products
522	from their point of production to the first point of change of
523	custody or of long-term storage, and for the purpose of
524	returning to such point of production or for the purpose of
525	moving the tractors, movers, or implements from one point of
526	agricultural production to another, by a person engaged in the
527	production of any such product or custom hauler, if such vehicle
528	or combination of vehicles otherwise complies with this section.
529	Such vehicles shall be operated in accordance with all safety
530	requirements prescribed by law and Department of Transportation
531	rules. The Department of Transportation may issue overlength
532	permits for cotton module movers greater than 50 feet but not
533	more than 55 feet in overall length.
534	Section 14.  Subsection (4) of section 316.613, Florida
535	Statutes, is amended to read:
536	316.613  Child restraint requirements.--
537	(4)(a)  It is the legislative intent that all state,
538	county, and local law enforcement agencies, and safety councils,
539	in recognition of the problems with child death and injury from
540	unrestrained occupancy in motor vehicles, conduct a continuing
541	safety and public awareness campaign as to the magnitude of the
542	problem.
543	(b)  The department may authorize the expenditure of funds
544	for the purchase of promotional items as part of the public
545	information and education campaigns provided for in this
546	subsection and ss. 316.614, 322.025, and 403.7145.
547	Section 15.  Section 316.6131, Florida Statutes, is created
548	to read:
549	316.6131  Educational expenditures.--The department may
550	authorize the expenditure of funds for the purchase of
551	educational items as part of the public information and
552	education campaigns promoting highway safety and awareness as
553	well as departmental community-based initiatives. Funds may be
554	expended for, but are not limited to, educational campaigns
555	provided in chapters 316, 320, and 322 and s. 403.7145.
556	Section 16.  Subsection (9) of section 316.650, Florida
557	Statutes, is amended to read:
558	316.650  Traffic citations.--
559	(9)  Such citations shall not be admissible evidence in any
560	trial, except when used as evidence of falsification, forgery,
561	uttering, fraud, or perjury, or when used as physical evidence
562	resulting from a forensic examination of the citation.
563	Section 17.  Section 317.0001, Florida Statutes, is amended
564	to read:
565	317.0001  Short title.--This chapter Sections 317.0001-
566	317.0013 may be cited as the "Florida Off-Highway Vehicle
567	Titling Act."
568	Section 18.  Section 317.0003, Florida Statutes, is amended
569	to read:
570	317.0003  Definitions.--As used in this chapter ss.
571	317.0001-317.0013, the term:
572	(1)  "ATV" means any motorized off-highway or all-terrain
573	vehicle 50 inches or less in width, having a dry weight of 900
574	pounds or less, designed to travel on three or more low-pressure
575	tires, having a seat designed to be straddled by the operator
576	and handlebars for steering control, and intended for use by a
577	single operator and with no passenger.
578	(2)  "Dealer" means any person authorized by the Department
579	of Revenue to buy, sell, resell, or otherwise distribute off-
580	highway vehicles. Such person must have a valid sales tax
581	certificate of registration issued by the Department of Revenue
582	and a valid commercial or occupational license required by any
583	county, municipality, or political subdivision of the state in
584	which the person operates.
585	(3)  "Department" means the Department of Highway Safety
586	and Motor Vehicles.
587	(4)  "Florida resident" means a person who has had a
588	principal place of domicile in this state for a period of more
589	than 6 consecutive months, who has registered to vote in this
590	state, who has made a statement of domicile pursuant to s.
591	222.17, or who has filed for homestead tax exemption on property
592	in this state.
593	(5)  "OHM" or "off-highway motorcycle" means any motor
594	vehicle used off the roads or highways of this state that has a
595	seat or saddle for the use of the rider and is designed to
596	travel with not more than two wheels in contact with the ground,
597	but excludes a tractor or a moped.
598	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
599	OHM that is used off the roads or highways of this state for
600	recreational purposes and that is not registered and licensed
601	for highway use pursuant to chapter 320.
602	(7)  "Owner" means a person, other than a lienholder,
603	having the property in or title to an off-highway vehicle,
604	including a person entitled to the use or possession of an off-
605	highway vehicle subject to an interest held by another person,
606	reserved or created by agreement and securing payment of
607	performance of an obligation, but the term excludes a lessee
608	under a lease not intended as security.
609	(8)  "Public lands" means lands within the state that are
610	available for public use and that are owned, operated, or
611	managed by a federal, state, county, or municipal governmental
612	entity.
613	(9)  "Two-rider ATV" means any ATV that is specifically
614	designed by the manufacturer for a single operator and one
615	passenger.
616	Section 19.  Subsection (1) of section 317.0004, Florida
617	Statutes, is amended to read:
618	317.0004  Administration of off-highway vehicle titling
619	laws; records.--
620	(1)  The administration of off-highway vehicle titling laws
621	in this chapter ss. 317.0001-317.0013 is under the Department of
622	Highway Safety and Motor Vehicles, which shall provide for the
623	issuing, handling, and recording of all off-highway vehicle
624	titling applications and certificates, including the receipt and
625	accounting of off-highway vehicle titling fees.
626	Section 20.  Section 317.0005, Florida Statutes, is amended
627	to read:
628	317.0005  Rules, forms, and notices.--
629	(1)  The department may adopt rules pursuant to ss.
630	120.536(1) and 120.54, which pertain to off-highway vehicle
631	titling, in order to implement the provisions of this chapter
632	ss. 317.0001-317.0013 conferring duties upon it.
633	(2)  The department shall prescribe and provide suitable
634	forms for applications and other notices and forms necessary to
635	administer the provisions of this chapter ss. 317.0001-317.0013.
636	Section 21.  Subsection (1) of section 317.0006, Florida
637	Statutes, is amended to read:
638	317.0006  Certificate of title required.--
639	(1)  Any off-highway vehicle that is purchased by a
640	resident of this state after the effective date of this act or
641	that is owned by a resident and is operated on the public lands
642	of this state must be titled pursuant to this chapter ss.
643	317.0001-317.0013.
644	Section 22.  Subsection (6) is added to section 317.0007,
645	Florida Statutes, to read:
646	317.0007  Application for and issuance of certificate of
647	title.--
648	(6)  In addition to a certificate of title, the department
649	may issue a validation sticker to be placed on the off-highway
650	vehicle as proof of the issuance of title required pursuant to
651	s. 317.0006(1). A validation sticker that is lost or destroyed
652	may, upon application, be replaced by the department or county
653	tax collector. The department and county tax collector may
654	charge and deposit the fees established in ss. 320.03(5),
655	320.031, and 320.04 for all original and replacement decals.
656	Section 23.  Section 317.0008, Florida Statutes, is amended
657	to read:
658	317.0008  Duplicate certificate of title.--
659	(1)  The department may issue a duplicate certificate of
660	title upon application by the person entitled to hold such a
661	certificate if the department is satisfied that the original
662	certificate has been lost, destroyed, or mutilated. A fee of $15
663	shall be charged for issuing a duplicate certificate.
664	(2)  In addition to the fee imposed by subsection (1), a
665	fee of $7 shall be charged for expedited service in issuing a
666	duplicate certificate of title. Application for such expedited
667	service may be made by mail or in person. The department shall
668	issue each certificate of title applied for under this
669	subsection within 5 working days after receipt of a proper
670	application or shall refund the additional $7 fee upon written
671	request by the applicant.
672	(2)(3)  If, following the issuance of an original,
673	duplicate, or corrected certificate of title by the department,
674	the certificate is lost in transit and is not delivered to the
675	addressee, the owner of the off-highway vehicle or the holder of
676	a lien thereon may, within 180 days after the date of issuance
677	of the certificate, apply to the department for reissuance of
678	the certificate. An additional fee may not be charged for
679	reissuance under this subsection.
680	(3)(4)  The department shall implement a system to verify
681	that the application is signed by a person authorized to receive
682	a duplicate certificate of title under this section if the
683	address shown on the application is different from the address
684	shown for the applicant on the records of the department.
685	Section 24.  Section 317.0010, Florida Statutes, is amended
686	to read:
687	317.0010  Disposition of fees.--Except as otherwise
688	specifically provided for in this chapter, the department shall
689	deposit all funds received under this chapter ss. 317.0001-
690	317.0013, less administrative costs of $2 per title transaction,
691	into the Incidental Trust Fund of the Division of Forestry of
692	the Department of Agriculture and Consumer Services.
693	Section 25.  Paragraph (c) of subsection (3) of section
694	317.0012, Florida Statutes, is amended to read:
695	317.0012  Crimes relating to certificates of title;
696	penalties.--
697	(3)  It is unlawful to:
698	(c)  Use a false or fictitious name, give a false or
699	fictitious address, or make any false statement in any
700	application or affidavit required by this chapter ss. 317.0001-
701	317.0013 or in a bill of sale or sworn statement of ownership or
702	otherwise commit a fraud in any application.
703
704	Any person who violates this subsection commits a felony of the
705	third degree, punishable as provided in s. 775.082, s. 775.083,
706	or s. 775.084. A violation of this subsection with respect to
707	any off-highway vehicle makes such off-highway vehicle
708	contraband which may be seized by a law enforcement agency and
709	forfeited under ss. 932.701-932.704.
710	Section 26.  Section 317.0013, Florida Statutes, is amended
711	to read:
712	317.0013  Nonmoving traffic violations.--Any person who
713	fails to comply with any provision of this chapter ss. 317.0001-
714	317.0012 for which a penalty is not otherwise provided commits a
715	nonmoving traffic violation, punishable as provided in s.
716	318.18.
717	Section 27.  Section 317.0014, Florida Statutes, is created
718	to read:
719	317.0014  Certificate of title; issuance in duplicate;
720	delivery; liens and encumbrances.--
721	(1)  The department shall assign a number to each
722	certificate of title and shall issue each certificate of title
723	and each corrected certificate in duplicate. The database record
724	shall serve as the duplicate title certificate required in this
725	section. One printed copy may be retained on file by the
726	department.
727	(2)  A duly authorized person shall sign the original
728	certificate of title and each corrected certificate and, if
729	there are no liens or encumbrances on the off-highway vehicle as
730	shown in the records of the department or as shown in the
731	application, shall deliver the certificate to the applicant or
732	to another person as directed by the applicant or person, agent,
733	or attorney submitting the application. If there are one or more
734	liens or encumbrances on the off-highway vehicle, the
735	certificate shall be delivered by the department to the first
736	lienholder as shown by department records or to the owner as
737	indicated in the notice of lien filed by the first lienholder.
738	If the notice of lien filed by the first lienholder indicates
739	that the certificate should be delivered to the first
740	lienholder, the department shall deliver to the first
741	lienholder, along with the certificate, a form to be
742	subsequently used by the lienholder as a satisfaction. If the
743	notice of lien filed by the first lienholder directs the
744	certificate of title to be delivered to the owner, then upon
745	delivery of the certificate of title by the department to the
746	owner, the department shall deliver to the first lienholder
747	confirmation of the receipt of the notice of lien and the date
748	the certificate of title was issued to the owner at the owner's
749	address shown on the notice of lien and a form to be
750	subsequently used by the lienholder as a satisfaction. If the
751	application for certificate shows the name of a first lienholder
752	different from the name of the first lienholder as shown by the
753	records of the department, the certificate may not be issued to
754	any person until after all parties who appear to hold a lien and
755	the applicant for the certificate have been notified of the
756	conflict in writing by the department by certified mail. If the
757	parties do not amicably resolve the conflict within 10 days
758	after the date the notice was mailed, the department shall serve
759	notice in writing by certified mail on all persons appearing to
760	hold liens on that particular vehicle, including the applicant
761	for the certificate, to show cause within 15 days following the
762	date the notice is mailed as to why it should not issue and
763	deliver the certificate to the person indicated in the notice of
764	lien filed by the lienholder whose name appears in the
765	application as the first lienholder without showing any lien or
766	liens as outstanding other than those appearing in the
767	application or those that have been filed subsequent to the
768	filing of the application for the certificate. If, within the
769	15-day period, any person other than the lienholder shown in the
770	application or a party filing a subsequent lien, in answer to
771	the notice to show cause, appears in person or by a
772	representative, or responds in writing, and files a written
773	statement under oath that his or her lien on that particular
774	vehicle is still outstanding, the department may not issue the
775	certificate to anyone until after the conflict has been settled
776	by the lien claimants involved or by a court of competent
777	jurisdiction. If the conflict is not settled amicably within 10
778	days after the final date for filing an answer to the notice to
779	show cause, the complaining party shall have 10 days in which to
780	obtain a ruling or stay order from a court of competent
781	jurisdiction. If a ruling or stay order is not issued and served
782	on the department within the 10-day period, it shall issue the
783	certificate showing no liens except those shown in the
784	application or thereafter filed to the original applicant if
785	there are no liens shown in the application and none are
786	thereafter filed, or to the person indicated in the notice of
787	lien filed by the lienholder whose name appears in the
788	application as the first lienholder if there are liens shown in
789	the application or thereafter filed. A duplicate certificate or
790	corrected certificate shall show only the lien or liens as shown
791	in the application and any subsequently filed liens that may be
792	outstanding.
793	(3)  Except as provided in subsection (4), the certificate
794	of title shall be retained by the first lienholder or the owner
795	as indicated in the notice of lien filed by the first
796	lienholder. If the first lienholder is in possession of the
797	certificate, the first lienholder is entitled to retain the
798	certificate until the first lien is satisfied.
799	(4)  If the owner of the vehicle, as shown on the title
800	certificate, desires to place a second or subsequent lien or
801	encumbrance against the vehicle when the title certificate is in
802	the possession of the first lienholder, the owner shall send a
803	written request to the first lienholder by certified mail, and
804	the first lienholder shall forward the certificate to the
805	department for endorsement. If the title certificate is in the
806	possession of the owner, the owner shall forward the certificate
807	to the department for endorsement. The department shall return
808	the certificate to either the first lienholder or to the owner,
809	as indicated in the notice of lien filed by the first
810	lienholder, after endorsing the second or subsequent lien on the
811	certificate and on the duplicate. If the first lienholder or
812	owner fails, neglects, or refuses to forward the certificate of
813	title to the department within 10 days after the date of the
814	owner's request, the department, on the written request of the
815	subsequent lienholder or an assignee of the lien, shall demand
816	of the first lienholder the return of the certificate for the
817	notation of the second or subsequent lien or encumbrance.
818	(5)(a)  Upon satisfaction of any first lien or encumbrance
819	recorded by the department, the owner of the vehicle, as shown
820	on the title certificate, or the person satisfying the lien is
821	entitled to demand and receive from the lienholder a
822	satisfaction of the lien. If the lienholder, upon satisfaction
823	of the lien and upon demand, fails or refuses to furnish a
824	satisfaction of the lien within 30 days after demand, he or she
825	is liable for all costs, damages, and expenses, including
826	reasonable attorney's fees, lawfully incurred by the titled
827	owner or person satisfying the lien in any suit brought in this
828	state for cancellation of the lien. The lienholder receiving
829	final payment as defined in s. 674.215 shall mail or otherwise
830	deliver a lien satisfaction and the certificate of title
831	indicating the satisfaction within 10 working days after receipt
832	of final payment or notify the person satisfying the lien that
833	the title is not available within 10 working days after receipt
834	of final payment. If the lienholder is unable to provide the
835	certificate of title and notifies the person of such, the
836	lienholder shall provide a lien satisfaction and is responsible
837	for the cost of a duplicate title, including expedited title
838	charges as provided in s. 317.0016. This paragraph does not
839	apply to electronic transactions under subsection (8).
840	(b)  Following satisfaction of a lien, the lienholder shall
841	enter a satisfaction thereof in the space provided on the face
842	of the certificate of title. If the certificate of title was
843	retained by the owner, the owner shall, within 5 days after
844	satisfaction of the lien, deliver the certificate of title to
845	the lienholder and the lienholder shall enter a satisfaction
846	thereof in the space provided on the face of the certificate of
847	title. If no subsequent liens are shown on the certificate of
848	title, the certificate shall be delivered by the lienholder to
849	the person satisfying the lien or encumbrance and an executed
850	satisfaction on a form provided by the department shall be
851	forwarded to the department by the lienholder within 10 days
852	after satisfaction of the lien.
853	(c)  If the certificate of title shows a subsequent lien
854	not then being discharged, an executed satisfaction of the first
855	lien shall be delivered by the lienholder to the person
856	satisfying the lien and the certificate of title showing
857	satisfaction of the first lien shall be forwarded by the
858	lienholder to the department within 10 days after satisfaction
859	of the lien.
860	(d)  If, upon receipt of a title certificate showing
861	satisfaction of the first lien, the department determines from
862	its records that there are no subsequent liens or encumbrances
863	upon the vehicle, the department shall forward to the owner, as
864	shown on the face of the title, a corrected certificate showing
865	no liens or encumbrances. If there is a subsequent lien not
866	being discharged, the certificate of title shall be reissued
867	showing the second or subsequent lienholder as the first
868	lienholder and shall be delivered to either the new first
869	lienholder or to the owner as indicated in the notice of lien
870	filed by the new first lienholder. If the certificate of title
871	is to be retained by the first lienholder on the reissued
872	certificate, the first lienholder is entitled to retain the
873	certificate of title except as provided in subsection (4) until
874	his or her lien is satisfied. Upon satisfaction of the lien, the
875	lienholder is subject to the procedures required of a first
876	lienholder by subsection (4) and this subsection.
877	(6)  When the original certificate of title cannot be
878	returned to the department by the lienholder and evidence
879	satisfactory to the department is produced that all liens or
880	encumbrances have been satisfied, upon application by the owner
881	for a duplicate copy of the certificate upon the form prescribed
882	by the department, accompanied by the fee prescribed in this
883	chapter, a duplicate copy of the certificate of title, without
884	statement of liens or encumbrances, shall be issued by the
885	department and delivered to the owner.
886	(7)  Any person who fails, within 10 days after receipt of
887	a demand by the department by certified mail, to return a
888	certificate of title to the department as required by subsection
889	(4) or who, upon satisfaction of a lien, fails within 10 days
890	after receipt of such demand to forward the appropriate document
891	to the department as required by paragraph (5)(b) or paragraph
892	(5)(c) commits a misdemeanor of the second degree, punishable as
893	provided in s. 775.082 or s. 775.083.
894	(8)  Notwithstanding any requirements in this section or in
895	s. 319.27 indicating that a lien on a vehicle shall be noted on
896	the face of the Florida certificate of title, if there are one
897	or more liens or encumbrances on the off-highway vehicle, the
898	department may electronically transmit the lien to the first
899	lienholder and notify the first lienholder of any additional
900	liens. Subsequent lien satisfactions may be electronically
901	transmitted to the department and must include the name and
902	address of the person or entity satisfying the lien. When
903	electronic transmission of liens and lien satisfactions is used,
904	the issuance of a certificate of title may be waived until the
905	last lien is satisfied and a clear certificate of title is
906	issued to the owner of the vehicle.
907	(9)  When sending any notice, the department is required to
908	use only the last known address, as shown by its records.
909	Section 28.  Section 317.0015, Florida Statutes, is created
910	to read:
911	317.0015  Application of law.--Sections 319.235, 319.241,
912	319.25, 319.27, 319.28, and 319.40 apply to all off-highway
913	vehicles that are required to be titled under this chapter.
914	Section 29.  Section 317.0016, Florida Statutes, is created
915	to read:
916	317.0016  Expedited service; applications; fees.--The
917	department shall provide, through its agents and for use by the
918	public, expedited service on title transfers, title issuances,
919	duplicate titles, recordation of liens, and certificates of
920	repossession. A fee of $7 shall be charged for this service,
921	which is in addition to the fees imposed by ss. 317.0007 and
922	317.0008, and $3.50 of this fee shall be retained by the
923	processing agency. All remaining fees shall be deposited in the
924	Incidental Trust Fund of the Division of Forestry of the
925	Department of Agriculture and Consumer Services. Application for
926	expedited service may be made by mail or in person. The
927	department shall issue each title applied for pursuant to this
928	section within 5 working days after receipt of the application
929	except for an application for a duplicate title certificate
930	covered by s. 317.0008(3), in which case the title must be
931	issued within 5 working days after compliance with the
932	department's verification requirements.
933	Section 30.  Section 317.0017, Florida Statutes, is created
934	to read:
935	317.0017  Offenses involving vehicle identification
936	numbers, applications, certificates, papers; penalty.--
937	(1)  A person may not:
938	(a)  Alter or forge any certificate of title to an off-
939	highway vehicle or any assignment thereof or any cancellation of
940	any lien on an off-highway vehicle.
941	(b)  Retain or use such certificate, assignment, or
942	cancellation knowing that it has been altered or forged.
943	(c)  Procure or attempt to procure a certificate of title
944	to an off-highway vehicle, or pass or attempt to pass a
945	certificate of title or any assignment thereof to an off-highway
946	vehicle, knowing or having reason to believe that the off-
947	highway vehicle has been stolen.
948	(d)  Possess, sell or offer for sale, conceal, or dispose
949	of in this state an off-highway vehicle, or major component part
950	thereof, on which any motor number or vehicle identification
951	number affixed by the manufacturer or by a state agency has been
952	destroyed, removed, covered, altered, or defaced, with knowledge
953	of such destruction, removal, covering, alteration, or
954	defacement, except as provided in s. 319.30(4).
955	(e)  Use a false or fictitious name, give a false or
956	fictitious address, or make any false statement in any
957	application or affidavit required under this chapter or in a
958	bill of sale or sworn statement of ownership or otherwise commit
959	a fraud in any application.
960	(2)  A person may not knowingly obtain goods, services,
961	credit, or money by means of an invalid, duplicate, fictitious,
962	forged, counterfeit, stolen, or unlawfully obtained certificate
963	of title, registration, bill of sale, or other indicia of
964	ownership of an off-highway vehicle.
965	(3)  A person may not knowingly obtain goods, services,
966	credit, or money by means of a certificate of title to an off-
967	highway vehicle, which certificate is required by law to be
968	surrendered to the department.
969	(4)  A person may not knowingly and with intent to defraud
970	have in his or her possession, sell, offer to sell, counterfeit,
971	or supply a blank, forged, fictitious, counterfeit, stolen, or
972	fraudulently or unlawfully obtained certificate of title, bill
973	of sale, or other indicia of ownership of an off-highway vehicle
974	or conspire to do any of the foregoing.
975	(5)  A person, firm, or corporation may not knowingly
976	possess, manufacture, sell or exchange, offer to sell or
977	exchange, supply in blank, or give away any counterfeit
978	manufacturer's or state-assigned identification number plates or
979	serial plates or any decal used for the purpose of identifying
980	an off-highway vehicle. A person, or an officer, agent, or
981	employee of any person, firm, or corporation, may not authorize,
982	direct, aid in exchange, or give away, or conspire to authorize,
983	direct, aid in exchange, or give away, such counterfeit
984	manufacturer's or state-assigned identification number plates or
985	serial plates or any decal. However, this subsection does not
986	apply to any approved replacement manufacturer's or state-
987	assigned identification number plates or serial plates or any
988	decal issued by the department or any state.
989	(6)  A person who violates any provision of this section
990	commits a felony of the third degree, punishable as provided in
991	s. 775.082, s. 775.083, or s. 775.084. Any off-highway vehicle
992	used in violation of this section constitutes contraband that
993	may be seized by a law enforcement agency and that is subject to
994	forfeiture proceedings pursuant to ss. 932.701-932.704. This
995	section is not exclusive of any other penalties prescribed by
996	any existing or future laws for the larceny or unauthorized
997	taking of off-highway vehicles but is supplementary thereto.
998	Section 31.  Section 317.0018, Florida Statutes, is created
999	to read:
1000	317.0018  Transfer without delivery of certificate;
1001	operation or use without certificate; failure to surrender;
1002	other violations.--Except as otherwise provided in this chapter,
1003	any person who:
1004	(1)  Purports to sell or transfer an off-highway vehicle
1005	without delivering to the purchaser or transferee of the vehicle
1006	a certificate of title to the vehicle duly assigned to the
1007	purchaser as provided in this chapter;
1008	(2)  Operates or uses in this state an off-highway vehicle
1009	for which a certificate of title is required without the
1010	certificate having been obtained in accordance with this
1011	chapter, or upon which the certificate of title has been
1012	canceled;
1013	(3)  Fails to surrender a certificate of title upon
1014	cancellation of the certificate by the department and notice
1015	thereof as prescribed in this chapter;
1016	(4)  Fails to surrender the certificate of title to the
1017	department as provided in this chapter in the case of the
1018	destruction, dismantling, or change of an off-highway vehicle in
1019	such respect that it is not the off-highway vehicle described in
1020	the certificate of title; or
1021	(5)  Violates any other provision of this chapter or a
1022	lawful rule adopted pursuant to this chapter,
1023
1024	shall be fined not more than $500 or imprisoned for not more
1025	than 6 months, or both, for each offense, unless otherwise
1026	specified.
1027	Section 32.  Subsection (7) of section 318.14, Florida
1028	Statutes, is amended to read:
1029	318.14  Noncriminal traffic infractions; exception;
1030	procedures.--
1031	(7)(a)  The official having jurisdiction over the
1032	infraction shall certify to the department within 10 days after
1033	payment of the civil penalty that the defendant has admitted to
1034	the infraction. If the charge results in a hearing, the official
1035	having jurisdiction shall certify to the department the final
1036	disposition within 10 days after of the hearing. All
1037	dispositions returned to the county requiring a correction shall
1038	be resubmitted to the department within 10 days after the
1039	notification of the error.
1040	(b)  If the official having jurisdiction over the traffic
1041	infraction submits the final disposition to the department more
1042	than 180 days after the final hearing or after payment of the
1043	civil penalty, the department may modify any resulting
1044	suspension or revocation action to begin as if the citation were
1045	reported in a timely manner.
1046	Section 33.  For the purpose of incorporating the amendment
1047	to section 322.61, Florida Statutes, in a reference thereto,
1048	subsection (9) of section 318.14, Florida Statutes, is reenacted
1049	to read:
1050	318.14  Noncriminal traffic infractions; exception;
1051	procedures.--
1052	(9)  Any person who is cited for an infraction under this
1053	section other than a violation of s. 320.0605, s. 320.07(3)(a)
1054	or (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may,
1055	in lieu of a court appearance, elect to attend in the location
1056	of his or her choice within this state a basic driver
1057	improvement course approved by the Department of Highway Safety
1058	and Motor Vehicles. In such a case, adjudication must be
1059	withheld; points, as provided by s. 322.27, may not be assessed;
1060	and the civil penalty that is imposed by s. 318.18(3) must be
1061	reduced by 18 percent; however, a person may not make an
1062	election under this subsection if the person has made an
1063	election under this subsection in the preceding 12 months. A
1064	person may make no more than five elections under this
1065	subsection. The requirement for community service under s.
1066	318.18(8) is not waived by a plea of nolo contendere or by the
1067	withholding of adjudication of guilt by a court.
1068	Section 34.  Effective July 1, 2004, subsection (2) of
1069	section 318.15, Florida Statutes, as amended by section 98 of
1070	chapter 2003-402, Laws of Florida, is amended to read:
1071	318.15  Failure to comply with civil penalty or to appear;
1072	penalty.--
1073	(2)  After suspension of the driver's license and privilege
1074	to drive of a person under subsection (1), the license and
1075	privilege may not be reinstated until the person complies with
1076	all obligations and penalties imposed on him or her under s.
1077	318.18 and presents to a driver license office a certificate of
1078	compliance issued by the court, together with a nonrefundable
1079	service fee of up to $37.50 imposed under s. 322.29, or pays the
1080	aforementioned service fee of up to $37.50 to the clerk of the
1081	court or tax collector clearing such suspension. If the fee is
1082	collected by the clerk of the court, $10 of the fee shall be
1083	remitted to the Department of Revenue for deposit into the
1084	Highway Safety Operating Trust Fund. If the fee is collected by
1085	the tax collector, $10 of the fee shall be remitted to the
1086	Department of Highway Safety and Motor Vehicles for deposit into
1087	the Highway Safety Operating Trust Fund. Such person shall also
1088	be in compliance with requirements of chapter 322 prior to
1089	reinstatement.
1090	Section 35.  Subsection (6) of section 319.23, Florida
1091	Statutes, is amended to read:
1092	319.23  Application for, and issuance of, certificate of
1093	title.--
1094	(6)  In the case of the sale of a motor vehicle or mobile
1095	home by a licensed dealer to a general purchaser, the
1096	certificate of title shall be obtained in the name of the
1097	purchaser by the dealer upon application signed by the
1098	purchaser, and in each other case such certificate shall be
1099	obtained by the purchaser. In each case of transfer of a motor
1100	vehicle or mobile home, the application for certificate of
1101	title, or corrected certificate, or assignment or reassignment,
1102	shall be filed within 30 days from the delivery of such motor
1103	vehicle or mobile home to the purchaser. An applicant shall be
1104	required to pay a fee of $10, in addition to all other fees and
1105	penalties required by law, for failing to file such application
1106	within the specified time. When a licensed dealer acquires a
1107	motor vehicle or mobile home as a trade-in, the dealer must file
1108	with the department a notice of sale signed by the seller. The
1109	department shall update its database for that title record to
1110	indicate "sold." A licensed dealer need not apply for a
1111	certificate of title for any motor vehicle or mobile home in
1112	stock acquired for stock purposes except as provided in s.
1113	319.225.
1114	Section 36.  Subsections (2) and (3) of section 319.27,
1115	Florida Statutes, are amended to read:
1116	319.27  Notice of lien on motor vehicles or mobile homes;
1117	notation on certificate; recording of lien.--
1118	(2)  No lien for purchase money or as security for a debt
1119	in the form of a security agreement, retain title contract,
1120	conditional bill of sale, chattel mortgage, or other similar
1121	instrument or any other nonpossessory lien, including a lien for
1122	child support, upon a motor vehicle or mobile home upon which a
1123	Florida certificate of title has been issued shall be
1124	enforceable in any of the courts of this state against creditors
1125	or subsequent purchasers for a valuable consideration and
1126	without notice, unless a sworn notice of such lien has been
1127	filed in the department and such lien has been noted upon the
1128	certificate of title of the motor vehicle or mobile home. Such
1129	notice shall be effective as constructive notice when filed. No
1130	interest of a statutory nonpossessory lienor; the interest of a
1131	nonpossessory execution, attachment, or equitable lienor; or the
1132	interest of a lien creditor as defined in s. 679.1021(1)(zz)
1133	679.301(3), if nonpossessory, shall be enforceable against
1134	creditors or subsequent purchasers for a valuable consideration
1135	unless such interest becomes a possessory lien or is noted upon
1136	the certificate of title for the subject motor vehicle or mobile
1137	home prior to the occurrence of the subsequent transaction.
1138	Provided the provisions of this subsection relating to a
1139	nonpossessory statutory lienor; a nonpossessory execution,
1140	attachment, or equitable lienor; or the interest of a lien
1141	creditor as defined in s. 679.1021(1)(zz) 679.301(3) shall not
1142	apply to liens validly perfected prior to October 1, 1988. The
1143	notice of lien shall provide the following information:
1144	(a)  The date of the lien if a security agreement, retain
1145	title contract, conditional bill of sale, chattel mortgage, or
1146	other similar instrument was executed prior to the filing of the
1147	notice of lien;
1148	(b)  The name and address of the registered owner;
1149	(c)  A description of the motor vehicle or mobile home,
1150	showing the make, type, and vehicle identification number; and
1151	(d)  The name and address of the lienholder.
1152	(3)(a)  A person may file a notice of lien with regard to a
1153	motor vehicle or mobile home before a security agreement, retain
1154	title contract, conditional bill of sale, chattel mortgage, or
1155	other similar instrument is executed granting a lien, mortgage,
1156	or encumbrance on, or a security interest in, such motor vehicle
1157	or mobile home.
1158	(b)  As applied to a determination of the respective rights
1159	of a secured party under this chapter and a lien creditor as
1160	defined by s. 679.1021(1)(zz) 679.301(3), or a nonpossessory
1161	statutory lienor, a security interest under this chapter shall
1162	be perfected upon the filing of the notice of lien with the
1163	department, the county tax collector, or their agents. Provided,
1164	however, the date of perfection of a security interest of such
1165	secured party shall be the same date as the execution of the
1166	security agreement or other similar instrument if the notice of
1167	lien is filed in accordance with this subsection within 15 days
1168	after the debtor receives possession of the motor vehicle or
1169	mobile home and executes such security agreement or other
1170	similar instrument. The date of filing of the notice of lien
1171	shall be the date of its receipt by the department central
1172	office in Tallahassee, if first filed there, or otherwise by the
1173	office of the county tax collector, or their agents.
1174	Section 37.  Subsection (4) of section 319.29, Florida
1175	Statutes, is amended to read:
1176	319.29  Lost or destroyed certificates.--
1177	(4)  The department shall implement a system to verify that
1178	the application is signed by a person authorized to receive a
1179	duplicate title certificate under this section if the address
1180	shown on the application is different from the address shown for
1181	the applicant on the records of the department. If the title
1182	certificate is being delivered to someone other than the owner
1183	of record, the identity of the person to whom the title
1184	certificate is delivered must be verified and the documentation
1185	of the verification must be maintained by the department.
1186	Section 38.  Paragraph (a) of subsection (1) and
1187	subsections (25) and (26) of section 320.01, Florida Statutes,
1188	are amended to read:
1189	320.01  Definitions, general.--As used in the Florida
1190	Statutes, except as otherwise provided, the term:
1191	(1)  "Motor vehicle" means:
1192	(a)  An automobile, motorcycle, truck, trailer,
1193	semitrailer, truck tractor and semitrailer combination, or any
1194	other vehicle operated on the roads of this state, used to
1195	transport persons or property, and propelled by power other than
1196	muscular power, but the term does not include traction engines,
1197	road rollers, such vehicles as run only upon a track, bicycles,
1198	motorized scooters as defined in s. 316.003, or mopeds.
1199	(25)  "Apportionable vehicle" means any vehicle, except
1200	recreational vehicles, vehicles displaying restricted plates,
1201	city pickup and delivery vehicles, buses used in transportation
1202	of chartered parties, and government-owned vehicles, which is
1203	used or intended for use in two or more member jurisdictions
1204	that allocate or proportionally register vehicles and which is
1205	used for the transportation of persons for hire or is designed,
1206	used, or maintained primarily for the transportation of property
1207	and:
1208	(a)  Is a power unit having a gross vehicle weight in
1209	excess of 26,001 pounds or more;
1210	(b)  Is a power unit having three or more axles, regardless
1211	of weight; or
1212	(c)  Is used in combination, when the weight of such
1213	combination is exceeds 26,001 pounds or more gross vehicle
1214	weight.
1215
1216	Vehicles, or combinations thereof, having a gross vehicle weight
1217	of 26,001 pounds or less and two-axle vehicles may be
1218	proportionally registered.
1219	(26)  "Commercial motor vehicle" means any vehicle that
1220	which is not owned or operated by a governmental entity, that
1221	which uses special fuel or motor fuel on the public highways,
1222	and that which has a gross vehicle weight of 26,001 pounds or
1223	more, or has three or more axles regardless of weight, or is
1224	used in combination when the weight of the such combination is
1225	exceeds 26,001 pounds or more gross vehicle weight.
1226	Section 39.  Subsection (3) of section 320.05, Florida
1227	Statutes, is amended to read:
1228	320.05  Records of the department; inspection procedure;
1229	lists and searches; fees.--
1230	(3)(a)  The department is authorized, upon application of
1231	any person and payment of the proper fees, to prepare and
1232	furnish lists containing motor vehicle or vessel information in
1233	a such form as the department may authorize, to search the
1234	records of the department and make reports thereof, and to make
1235	photographic copies of the department records and attestations
1236	thereof.
1237	(b)  Fees therefor shall be charged and collected as
1238	follows:
1239	1.  For providing lists of motor vehicle or vessel records
1240	for the entire state, or any part or parts thereof, divided
1241	according to counties, a sum computed at a rate of not less than
1242	1 cent nor more than 5 cents per item.
1243	2.  For providing noncertified photographic copies of motor
1244	vehicle or vessel documents, $1 per page.
1245	3.  For providing noncertified photographic copies of
1246	micrographic records, $1 per page.
1247	4.  For providing certified copies of motor vehicle or
1248	vessel records, $3 per record.
1249	5.  For providing noncertified computer-generated printouts
1250	of motor vehicle or vessel records, 50 cents per record.
1251	6.  For providing certified computer-generated printouts of
1252	motor vehicle or vessel records, $3 per record.
1253	7.  For providing electronic access to motor vehicle,
1254	vessel, and mobile home registration data requested by tag,
1255	vehicle identification number, title number, or decal number, 50
1256	cents per item, except that information provided via the
1257	department's Internet website is free of charge.
1258	8.  For providing electronic access to driver's license
1259	status report by name, sex, and date of birth or by driver
1260	license number, 50 cents per item.
1261	8.9.  For providing lists of licensed mobile home dealers
1262	and manufacturers and recreational vehicle dealers and
1263	manufacturers, $15 per list.
1264	9.10.  For providing lists of licensed motor vehicle
1265	dealers, $25 per list.
1266	10.11.  For each copy of a videotape record, $15 per tape.
1267	11.12.  For each copy of the Division of Motor Vehicles
1268	Procedures Manual, $25.
1269	(c)  Fees collected under pursuant to paragraph (b) shall
1270	be deposited into the Highway Safety Operating Trust Fund.
1271	(d)  The department shall furnish the such information
1272	without charge to any court or governmental entity.
1273	(e)  When motor vehicle, vessel, or mobile home
1274	registration data is provided by electronic access through a tax
1275	collector's office, a fee for the electronic access is not
1276	required to be assessed. However, at the tax collector's
1277	discretion, a fee equal to or less than the fee charged by the
1278	department for the such information may be assessed by the tax
1279	collector for the electronic access. Notwithstanding paragraph
1280	(c), any funds collected by the tax collector as a result of
1281	providing such access shall be retained by the tax collector.
1282	Section 40.  Subsection (4) of section 320.06, Florida
1283	Statutes, is amended to read:
1284	320.06  Registration certificates, license plates, and
1285	validation stickers generally.--
1286	(4)  The corporation organized under chapter 946 may
1287	manufacture license plates, validation stickers, and decals, as
1288	well as temporary tags, disabled hang tags, vessel decals, and
1289	fuel use decals, for the Department of Highway Safety and Motor
1290	Vehicles as provided in this chapter and chapter 328 327. The
1291	Department of Highway Safety and Motor Vehicles is not required
1292	to obtain competitive bids in order to contract with the
1293	corporation.
1294	Section 41.  Section 320.0601, Florida Statutes, is amended
1295	to read:
1296	320.0601  Lease and rental car companies; identification of
1297	vehicles as for-hire.--
1298	(1)  A rental car company may not rent in this state any
1299	for-hire vehicle, other than vehicles designed to transport
1300	cargo, that has affixed to its exterior any bumper stickers,
1301	insignias, or advertising that identifies the vehicle as a
1302	rental vehicle.
1303	(2)  As used in this section, the term:
1304	(a)  "Bumper stickers, insignias, or advertising" does not
1305	include:
1306	1.  Any emblem of no more than two colors which is less
1307	than 2 inches by 4 inches, which is placed on the rental car for
1308	inventory purposes only, and which does not display the name or
1309	logo of the rental car company; or
1310	2.  Any license required by the law of the state in which
1311	the vehicle is registered.
1312	(b)  "Rent in this state" means to sign a rental contract
1313	in this state or to deliver a car to a renter in this state.
1314	(3)  A rental car company that leases a motor vehicle that
1315	is found to be in violation of this section shall be punished by
1316	a fine of $500 per occurrence.
1317	(4)  All original and transfer transactions of long-term
1318	leased motor vehicles must be registered in the name of the
1319	lessee.
1320	Section 42.  Section 320.0605, Florida Statutes, is amended
1321	to read:
1322	320.0605  Certificate of registration; possession required;
1323	exception.--The registration certificate or an official copy
1324	thereof, a true copy of a rental or lease agreement issued for a
1325	motor vehicle or issued for a replacement vehicle in the same
1326	registration period, a temporary receipt printed upon self-
1327	initiated electronic renewal of a registration via the Internet,
1328	or a cab card issued for a vehicle registered under the
1329	International Registration Plan shall, at all times while the
1330	vehicle is being used or operated on the roads of this state, be
1331	in the possession of the operator thereof or be carried in the
1332	vehicle for which issued and shall be exhibited upon demand of
1333	any authorized law enforcement officer or any agent of the
1334	department, except for a vehicle registered under s. 320.0657.
1335	The provisions of this section do not apply during the first 30
1336	days after purchase of a replacement vehicle. A violation of
1337	this section is a noncriminal traffic infraction, punishable as
1338	a nonmoving violation as provided in chapter 318.
1339	Section 43.  Section 320.0607, Florida Statutes, is amended
1340	to read:
1341	320.0607  Replacement license plates, validation decal, or
1342	mobile home sticker.--
1343	(1)  A Any law enforcement officer or department license
1344	and registration inspector may at any time inspect a license
1345	plate or validation decal for proper display and legibility as
1346	prescribed by chapter 316. A damaged or defaced plate or decal
1347	may be required to be replaced.
1348	(2)  When a license plate, mobile home sticker, or
1349	validation decal has been lost, stolen, or destroyed, the owner
1350	of the motor vehicle or mobile home for which the plate,
1351	sticker, or decal was issued shall make application to the
1352	department for a replacement. The application shall contain the
1353	plate, sticker, or decal number being replaced and a statement
1354	that the item was lost, stolen, or destroyed. If the application
1355	includes a copy of the police report prepared in response to a
1356	report of a stolen plate, sticker, or decal, such plate,
1357	sticker, or decal must be replaced at no charge.
1358	(3)  The department shall implement a system to verify that
1359	the replacement application is signed by a person authorized to
1360	receive a replacement license plate or duplicate registration if
1361	the address on the application is different from the address for
1362	the applicant on the records of the department. If the
1363	replacement license plate or duplicate registration is being
1364	delivered to someone other than the owner of record, proof of
1365	identity for that person must be verified and the physical
1366	documentation of the verification must be maintained by the
1367	department.
1368	(4)(3)  Except as provided in subsection (2), in all such
1369	cases, upon filing of an application accompanied by a fee of $10
1370	plus applicable service charges, the department shall issue a
1371	replacement plate, sticker, or decal as the case may be if it is
1372	satisfied that the information reported in the application is
1373	true. The replacement fee shall be deposited into the Highway
1374	Safety Operating Trust Fund.
1375	(5)(4)  Any license plate, sticker, or decal lost in the
1376	mail shall may be replaced at no charge. A Neither the service
1377	charge or nor the replacement fee may not shall be applied to
1378	the this replacement. However, the application for a replacement
1379	must shall contain a statement that the license plate, sticker,
1380	or decal was lost in the mail of such fact, the audit number of
1381	the lost item, and the date issued.
1382	(6)(5)  Upon the issuance of an original license plate, the
1383	applicant shall pay a fee of $10 to be deposited in the Highway
1384	Safety Operating Trust Fund.
1385	(7)(6)  All funds derived from the sale of temporary tags
1386	under the provisions of s. 320.131 shall be deposited in the
1387	Highway Safety Operating Trust Fund.
1388	Section 44.  Section 320.0843, Florida Statutes, is amended
1389	to read:
1390	320.0843  License plates for persons with disabilities
1391	eligible for permanent disabled parking permits.--
1392	(1)  An Any owner or lessee of a motor vehicle who resides
1393	in this state and qualifies for a disabled parking permit under
1394	s. 320.0848(2), upon application to the department and payment
1395	of the license tax for a motor vehicle registered under s.
1396	320.08(2), (3)(a), (b), (c), or (e),(4)(a) or (b), (6)(a), or
1397	(9)(c) or (d), shall be issued a license plate as provided by s.
1398	320.06 which, in lieu of the serial number prescribed by s.
1399	320.06, shall be stamped with the international wheelchair user
1400	symbol after the serial number of the license plate. The license
1401	plate entitles the person to all privileges afforded by a
1402	parking permit issued under s. 320.0848. If more than one
1403	registrant is listed on the registration issued under this
1404	section, the eligible applicant for the license plate shall be
1405	noted on the registration certificate.
1406	(2)  All applications for these such license plates must be
1407	made to the department.
1408	Section 45.  Paragraph (f) of subsection (2) of section
1409	320.0848, Florida Statutes, is amended to read:
1410	320.0848  Persons who have disabilities; issuance of
1411	disabled parking permits; temporary permits; permits for certain
1412	providers of transportation services to persons who have
1413	disabilities.--
1414	(2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
1415	MOBILITY PROBLEMS.--
1416	(f)  To obtain a replacement for a disabled parking permit
1417	that has been lost or stolen, a person must submit an
1418	application on a form prescribed by the department and must pay
1419	a replacement fee in the amount of $1.00, to be retained by the
1420	issuing agency. If the person submits with the application a
1421	police report documenting that the permit was stolen, there is
1422	no replacement fee. The department shall implement a system to
1423	verify that the application for a disabled parking permit is
1424	signed by a person authorized to receive a replacement or
1425	duplicate disabled parking permit if the address on the
1426	application is different from the address for the applicant on
1427	the records of the department. If the replacement or duplicate
1428	disabled parking permit is being delivered to someone other than
1429	the owner of record, proof of identity for that person must be
1430	verified and the physical documentation of the verification must
1431	be maintained by the department.
1432	Section 46.  Subsection (4) of section 320.086, Florida
1433	Statutes, is amended to read:
1434	320.086  Ancient or antique motor vehicles; "horseless
1435	carriage," antique, or historical license plates.--
1436	(4)  Any person who is the registered owner of a motor
1437	vehicle as defined in this section that was and manufactured in
1438	the model year 1975 1974 or earlier, may apply to the department
1439	for permission to use a historical Florida license plate that
1440	clearly represents the model year of the vehicle as a
1441	personalized prestige license plate. This plate shall be
1442	furnished by the such person and shall be presented to the
1443	department with a reasonable fee to be determined by the
1444	department for approval and for authentication that the historic
1445	license plate and any applicable decals were issued by this
1446	state in the same year as the model year of the car or truck.
1447	The requirements of s. 320.0805(8)(b) do not apply to historical
1448	plates authorized under this subsection.
1449	Section 47.  Subsection (8) is added to section 320.131,
1450	Florida Statutes, to read:
1451	320.131  Temporary tags.--
1452	(8)  The department may administer an electronic system for
1453	licensed motor vehicle dealers to use in issuing temporary tags.
1454	Upon issuing a temporary tag, the dealer shall access the
1455	electronic system and enter the appropriate vehicle and owner
1456	information within the timeframe specified by department rule.
1457	If a dealer fails to comply with the department's requirements
1458	for issuing temporary tags using the electronic system, the
1459	department may deny, suspend, or revoke a license under s.
1460	320.27(9)(b)16. upon proof that the licensee has failed to
1461	comply with the department's requirements.
1462	Section 48.  Subsection (1) of section 320.18, Florida
1463	Statutes, is amended to read:
1464	320.18  Withholding registration.--
1465	(1)  The department may withhold the registration of any
1466	motor vehicle or mobile home the owner of which has failed to
1467	register it under the provisions of law for any previous period
1468	or periods for which it appears registration should have been
1469	made in this state, until the tax for such period or periods is
1470	paid. The department may cancel any vehicle or vessel
1471	registration, driver's license, identification card, license
1472	plate or fuel-use tax decal if the owner uses a dishonored check
1473	to pay pays for the vehicle or vessel registration, driver's
1474	license, identification card, or license plate, fuel-use tax
1475	decal; to pay any administrative, delinquency, or reinstatement
1476	fee; or to pay any tax liability, penalty, or interest specified
1477	in chapter 207 by a dishonored check, or if the vehicle owner or
1478	motor carrier has failed to pay a penalty for a weight or safety
1479	violation issued by the Department of Transportation Motor
1480	Carrier Compliance Office. The Department of Transportation and
1481	the Department of Highway Safety and Motor Vehicles may impound
1482	any commercial motor vehicle that has a canceled license plate
1483	or fuel-use tax decal until the tax liability, penalty, and
1484	interest specified in chapter 207, the license tax, or the fuel-
1485	use decal fee, and applicable administrative fees have been paid
1486	for by certified funds.
1487	Section 49.  Paragraph (a) of subsection (4), subsection
1488	(6), and paragraph (b) of subsection (9) of section 320.27,
1489	Florida Statutes, are amended to read:
1490	320.27  Motor vehicle dealers.--
1491	(4)  LICENSE CERTIFICATE.--
1492	(a)  A license certificate shall be issued by the
1493	department in accordance with such application when the
1494	application is regular in form and in compliance with the
1495	provisions of this section. The license certificate may be in
1496	the form of a document or a computerized card as determined by
1497	the department. The actual cost of each original, additional, or
1498	replacement computerized card shall be borne by the licensee and
1499	is in addition to the fee for licensure. Such license, when so
1500	issued, entitles the licensee to carry on and conduct the
1501	business of a motor vehicle dealer. Each license issued to a
1502	franchise motor vehicle dealer expires annually on December 31
1503	unless revoked or suspended prior to that date. Each license
1504	issued to an independent or wholesale dealer or auction expires
1505	annually on April 30 unless revoked or suspended prior to that
1506	date. Not less than 60 days prior to the license expiration
1507	date, the department shall deliver or mail to each licensee the
1508	necessary renewal forms. Each independent dealer shall certify
1509	that the dealer principal (owner, partner, officer of the
1510	corporation, or director) has completed 8 hours of continuing
1511	education prior to filing the renewal forms with the department.
1512	Such certification shall be filed once every 2 years commencing
1513	with the 2006 renewal period. The continuing education shall
1514	include at least 2 hours of training in legal or legislative
1515	issues, 1 hour of training in department issues, and 5 hours of
1516	training in relevant motor vehicle industry topics. Continuing
1517	education shall be provided by dealer schools licensed under
1518	paragraph (b) either in a classroom setting or by
1519	correspondence. Such schools shall provide certificates of
1520	completion to the department and the customer, which shall be
1521	filed with the license renewal form, and such schools may charge
1522	a fee for providing continuing education. Any licensee who does
1523	not file his or her application and fees and any other requisite
1524	documents, as required by law, with the department at least 30
1525	days prior to the license expiration date shall cease to engage
1526	in business as a motor vehicle dealer on the license expiration
1527	date. A renewal filed with the department within 45 days after
1528	the expiration date shall be accompanied by a delinquent fee of
1529	$100. Thereafter, a new application is required, accompanied by
1530	the initial license fee. A license certificate duly issued by
1531	the department may be modified by endorsement to show a change
1532	in the name of the licensee, provided, as shown by affidavit of
1533	the licensee, the majority ownership interest of the licensee
1534	has not changed or the name of the person appearing as
1535	franchisee on the sales and service agreement has not changed.
1536	Modification of a license certificate to show any name change as
1537	herein provided shall not require initial licensure or
1538	reissuance of dealer tags; however, any dealer obtaining a name
1539	change shall transact all business in and be properly identified
1540	by that name. All documents relative to licensure shall reflect
1541	the new name. In the case of a franchise dealer, the name change
1542	shall be approved by the manufacturer, distributor, or importer.
1543	A licensee applying for a name change endorsement shall pay a
1544	fee of $25 which fee shall apply to the change in the name of a
1545	main location and all additional locations licensed under the
1546	provisions of subsection (5). Each initial license application
1547	received by the department shall be accompanied by verification
1548	that, within the preceding 6 months, the applicant, or one or
1549	more of his or her designated employees, has attended a training
1550	and information seminar conducted by a licensed motor vehicle
1551	dealer training school the department. Such seminar shall
1552	include, but is not limited to, statutory dealer requirements,
1553	which requirements include required bookkeeping and
1554	recordkeeping procedures, requirements for the collection of
1555	sales and use taxes, and such other information that in the
1556	opinion of the department will promote good business practices.
1557	No seminar may exceed 8 hours in length.
1558	(6)  RECORDS TO BE KEPT BY LICENSEE.--Every licensee shall
1559	keep a book or record in such form as shall be prescribed or
1560	approved by the department for a period of 5 years, in which the
1561	licensee shall keep a record of the purchase, sale, or exchange,
1562	or receipt for the purpose of sale, of any motor vehicle, the
1563	date upon which any temporary tag was issued, the date of title
1564	transfer, and a description of such motor vehicle together with
1565	the name and address of the seller, the purchaser, and the
1566	alleged owner or other person from whom such motor vehicle was
1567	purchased or received or to whom it was sold or delivered, as
1568	the case may be. Such description shall include the
1569	identification or engine number, maker's number, if any, chassis
1570	number, if any, and such other numbers or identification marks
1571	as may be thereon and shall also include a statement that a
1572	number has been obliterated, defaced, or changed, if such is the
1573	fact.
1574	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
1575	(b)  The department may deny, suspend, or revoke any
1576	license issued hereunder or under the provisions of s. 320.77 or
1577	s. 320.771 upon proof that a licensee has committed, with
1578	sufficient frequency so as to establish a pattern of wrongdoing
1579	on the part of a licensee, violations of one or more of the
1580	following activities:
1581	1.  Representation that a demonstrator is a new motor
1582	vehicle, or the attempt to sell or the sale of a demonstrator as
1583	a new motor vehicle without written notice to the purchaser that
1584	the vehicle is a demonstrator. For the purposes of this section,
1585	a "demonstrator," a "new motor vehicle," and a "used motor
1586	vehicle" shall be defined as under s. 320.60.
1587	2.  Unjustifiable refusal to comply with a licensee's
1588	responsibility under the terms of the new motor vehicle warranty
1589	issued by its respective manufacturer, distributor, or importer.
1590	However, if such refusal is at the direction of the
1591	manufacturer, distributor, or importer, such refusal shall not
1592	be a ground under this section.
1593	3.  Misrepresentation or false, deceptive, or misleading
1594	statements with regard to the sale or financing of motor
1595	vehicles which any motor vehicle dealer has, or causes to have,
1596	advertised, printed, displayed, published, distributed,
1597	broadcast, televised, or made in any manner with regard to the
1598	sale or financing of motor vehicles.
1599	4.  Failure by any motor vehicle dealer to provide a
1600	customer or purchaser with an odometer disclosure statement and
1601	a copy of any bona fide written, executed sales contract or
1602	agreement of purchase connected with the purchase of the motor
1603	vehicle purchased by the customer or purchaser.
1604	5.  Failure of any motor vehicle dealer to comply with the
1605	terms of any bona fide written, executed agreement, pursuant to
1606	the sale of a motor vehicle.
1607	6.  Failure to apply for transfer of a title as prescribed
1608	in s. 319.23(6).
1609	7.  Use of the dealer license identification number by any
1610	person other than the licensed dealer or his or her designee.
1611	8.  Failure to continually meet the requirements of the
1612	licensure law.
1613	9.  Representation to a customer or any advertisement to
1614	the public representing or suggesting that a motor vehicle is a
1615	new motor vehicle if such vehicle lawfully cannot be titled in
1616	the name of the customer or other member of the public by the
1617	seller using a manufacturer's statement of origin as permitted
1618	in s. 319.23(1).
1619	10.  Requirement by any motor vehicle dealer that a
1620	customer or purchaser accept equipment on his or her motor
1621	vehicle which was not ordered by the customer or purchaser.
1622	11.  Requirement by any motor vehicle dealer that any
1623	customer or purchaser finance a motor vehicle with a specific
1624	financial institution or company.
1625	12.  Requirement by any motor vehicle dealer that the
1626	purchaser of a motor vehicle contract with the dealer for
1627	physical damage insurance.
1628	13.  Perpetration of a fraud upon any person as a result of
1629	dealing in motor vehicles, including, without limitation, the
1630	misrepresentation to any person by the licensee of the
1631	licensee's relationship to any manufacturer, importer, or
1632	distributor.
1633	14.  Violation of any of the provisions of s. 319.35 by any
1634	motor vehicle dealer.
1635	15.  Sale by a motor vehicle dealer of a vehicle offered in
1636	trade by a customer prior to consummation of the sale, exchange,
1637	or transfer of a newly acquired vehicle to the customer, unless
1638	the customer provides written authorization for the sale of the
1639	trade-in vehicle prior to delivery of the newly acquired
1640	vehicle.
1641	16.  Willful failure to comply with any administrative rule
1642	adopted by the department or the provisions of s. 320.131(8).
1643	17.  Violation of chapter 319, this chapter, or ss.
1644	559.901-559.9221, which has to do with dealing in or repairing
1645	motor vehicles or mobile homes. Additionally, in the case of
1646	used motor vehicles, the willful violation of the federal law
1647	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1648	the consumer sales window form.
1649	Section 50.  Subsections (1) and (9) of section 320.8249,
1650	Florida Statutes, are amended, and subsection (10) of said
1651	section is reenacted, to read:
1652	320.8249  Mobile home installers license.--
1653	(1)  Any person who installs a engages in mobile home
1654	installation shall obtain a mobile home installers license from
1655	the Bureau of Mobile Home and Recreational Vehicle Construction
1656	of the Department of Highway Safety and Motor Vehicles pursuant
1657	to this section. Said license shall be renewed annually, and
1658	each licensee shall pay a fee of $150.
1659	(9)  A No licensed person or nor licensed applicant may not
1660	shall:
1661	(a)  Obtain a mobile home installers license by fraud or
1662	misrepresentation.
1663	(b)  Be convicted or found guilty of, or enter a plea of
1664	nolo contendere to, regardless of adjudication, a crime in any
1665	jurisdiction which directly relates to the practice of mobile
1666	home installation or the ability to practice.
1667	(c)  Violate any lawful order of the department or any
1668	other law of this state, including any provision of chapter 319
1669	or this chapter.
1670	(d)  Commit fraud or deceit in the practice of contracting.
1671	(e)  Commit incompetence or misconduct in the practice of
1672	contracting.
1673	(f)  Commit gross negligence, repeated negligence, or
1674	negligence resulting in a significant danger to life or
1675	property.
1676	(g)  Commit violations of the installation standards for
1677	mobile homes or manufactured homes contained in rules 15C-1 and
1678	15C-2 15C-1.0102 to 15C-1.0104, Florida Administrative Code.
1679	(10)  Any licensed person or license applicant who violates
1680	any provision of subsection (9) may have any of the following
1681	disciplinary penalties imposed by the department:
1682	(a)  License revocation;
1683	(b)  License suspension;
1684	(c)  A fine not to exceed $1,000 per violation;
1685	(d)  A requirement to take and pass, or retake and pass,
1686	the department-approved examination;
1687	(e)  Probation;
1688	(f)  Probation subject to such restriction of practice as
1689	the department chooses to impose;
1690	(g)  A notice of noncompliance; or
1691	(h)  Refusal of licensure application.
1692	Section 51.  Subsections (25) and (26) of section 322.01,
1693	Florida Statutes, are amended to read:
1694	322.01  Definitions.--As used in this chapter:
1695	(25)  "Motorcycle" means a motor vehicle powered by a motor
1696	with a displacement of more than 50 cubic centimeters, having a
1697	seat or saddle for the use of the rider, and designed to travel
1698	on not more than three wheels in contact with the ground, but
1699	excluding a tractor, a or moped, or a motorized scooter as
1700	defined in s. 316.003.
1701	(26)  "Motor vehicle" means any self-propelled vehicle,
1702	including a motor vehicle combination, not operated upon rails
1703	or guideway, excluding vehicles moved solely by human power,
1704	motorized wheelchairs, motorized scooters as defined in s.
1705	316.003, and motorized bicycles as defined in s. 316.003.
1706	Section 52.  Subsections (4) and (10) of section 322.05,
1707	Florida Statutes, are amended to read:
1708	322.05  Persons not to be licensed.--The department may not
1709	issue a license:
1710	(4)  Except as provided by this subsection, to any person,
1711	as a Class A licensee, Class B licensee, or Class C licensee, or
1712	Class D licensee, who is under the age of 18 years. A person age
1713	16 or 17 years who applies for a Class D driver's license is
1714	subject to all the requirements and provisions of paragraphs
1715	(2)(a) and (b) and ss. 322.09 and 322.16(2) and (3). The
1716	department may require of any such applicant for a Class D
1717	driver's license such examination of the qualifications of the
1718	applicant as the department considers proper, and the department
1719	may limit the use of any license granted as it considers proper.
1720	(10)  To any person, when the department has good cause to
1721	believe that the operation of a motor vehicle on the highways by
1722	such person would be detrimental to public safety or welfare.
1723	Deafness alone shall not prevent the person afflicted from being
1724	issued a Class D or Class E driver's license.
1725	Section 53.  Subsections (1) and (2) of section 322.051,
1726	Florida Statutes, are amended, and subsection (8) is added to
1727	said section, to read:
1728	322.051  Identification cards.--
1729	(1)  Any person who is 12 years of age or older, or any
1730	person who has a disability, regardless of age, who applies for
1731	a disabled parking permit under s. 320.0848, may be issued an
1732	identification card by the department upon completion of an
1733	application and payment of an application fee.
1734	(a)  Each such application shall include the following
1735	information regarding the applicant:
1736	1.  Full name (first, middle or maiden, and last), gender,
1737	social security card number, county of residence and mailing
1738	address, country of birth, and a brief description.
1739	2.  Proof of birth date satisfactory to the department.
1740	3.  Proof of identity satisfactory to the department. Such
1741	proof must include one of the following documents issued to the
1742	applicant:
1743	a.  A driver's license record or identification card record
1744	from another jurisdiction that required the applicant to submit
1745	a document for identification which is substantially similar to
1746	a document required under sub-subparagraph b., sub-subparagraph
1747	c., sub-subparagraph d., sub-subparagraph e., or sub-
1748	subparagraph f., or sub-subparagraph g.;
1749	b.  A certified copy of a United States birth certificate;
1750	c.  A valid United States passport;
1751	d.  A naturalization certificate issued by the United
1752	States Department of Justice;
1753	e.d.  An alien registration receipt card (green card);
1754	f.e.  An employment authorization card issued by the United
1755	States Department of Justice; or
1756	g.f.  Proof of nonimmigrant classification provided by the
1757	United States Department of Justice, for an original
1758	identification card. In order to prove such nonimmigrant
1759	classification, applicants may produce but are not limited to
1760	the following documents:
1761	(I)  A notice of hearing from an immigration court
1762	scheduling a hearing on any proceeding.
1763	(II)  A notice from the Board of Immigration Appeals
1764	acknowledging pendency of an appeal.
1765	(III)  Notice of the approval of an application for
1766	adjustment of status issued by the United States Immigration and
1767	Naturalization Service.
1768	(IV)  Any official documentation confirming the filing of a
1769	petition for asylum status or any other relief issued by the
1770	United States Immigration and Naturalization Service.
1771	(V)  Notice of action transferring any pending matter from
1772	another jurisdiction to Florida, issued by the United States
1773	Immigration and Naturalization Service.
1774	(VI)  Order of an immigration judge or immigration officer
1775	granting any relief that authorizes the alien to live and work
1776	in the United States including, but not limited to asylum.
1777
1778	Presentation of any of the foregoing documents described in sub-
1779	subparagraph f. or sub-subparagraph g. entitles shall entitle
1780	the applicant to an identification card a driver's license or
1781	temporary permit for a period not to exceed the expiration date
1782	of the document presented or 2 years, whichever first occurs.
1783	(b)  An application for an identification card must be
1784	signed and verified by the applicant in a format designated by
1785	the department before a person authorized to administer oaths.
1786	The fee for an identification card is $3, including payment for
1787	the color photograph or digital image of the applicant.
1788	(c)  Each such applicant may include fingerprints and any
1789	other unique biometric means of identity.
1790	(2)(a)  Every identification card shall expire, unless
1791	canceled earlier, on the sixth fourth birthday of the applicant
1792	following the date of original issue. However, if an individual
1793	is 60 years of age or older, and has an identification card
1794	issued under this section, the card shall not expire unless done
1795	so by cancellation by the department or by the death of the
1796	cardholder. Renewal of any identification card shall be made for
1797	a term which shall expire on the sixth fourth birthday of the
1798	applicant following expiration of the identification card
1799	renewed, unless surrendered earlier. Any application for renewal
1800	received later than 90 days after expiration of the
1801	identification card shall be considered the same as an
1802	application for an original identification card. The renewal fee
1803	for an identification card shall be $10, of which $4 shall be
1804	deposited into the General Revenue Fund and $6 into the Highway
1805	Safety Operating Trust Fund. The department shall, at the end of
1806	6 4 years and 6 months after the issuance or renewal of an
1807	identification card, destroy any record of the card if it has
1808	expired and has not been renewed, unless the cardholder is 60
1809	years of age or older.
1810	(b)  Notwithstanding any other provision of this chapter,
1811	if an applicant establishes his or her identity for an
1812	identification card using a document authorized under sub-
1813	subparagraph (1)(a)3.e. (a)3.d., the identification card shall
1814	expire on the sixth fourth birthday of the applicant following
1815	the date of original issue or upon first renewal or duplicate
1816	issued after implementation of this section. After an initial
1817	showing of such documentation, he or she is exempted from having
1818	to renew or obtain a duplicate in person.
1819	(c)  Notwithstanding any other provisions of this chapter,
1820	if an applicant establishes his or her identity for an
1821	identification card using an identification document authorized
1822	under sub-subparagraph (1)(a)3.f. or sub-subparagraph (1)(a)3.g.
1823	sub-subparagraphs (a)3.e.-f., the identification card shall
1824	expire 2 years after the date of issuance or upon the expiration
1825	date cited on the United States Department of Justice documents,
1826	whichever date first occurs, and may not be renewed or obtain a
1827	duplicate except in person.
1828	(8)  The department shall, on receipt of the required fee,
1829	issue to each qualified applicant for an identification card a
1830	color photographic or digital image identification card bearing
1831	a fullface photograph or digital image of the identification
1832	card holder. Notwithstanding the provisions of chapter 761, the
1833	requirement for a fullface photograph or digital image of the
1834	identification card holder shall not be waived. A space shall be
1835	provided upon which the identification card holder shall affix
1836	his or her usual signature, as required in s. 322.14, in the
1837	presence of an authorized agent of the department so as to
1838	ensure that such signature becomes a part of the identification
1839	card.
1840	Section 54.  Subsections (2) and (3) of section 322.07,
1841	Florida Statutes, are amended to read:
1842	322.07  Instruction permits and temporary licenses.--
1843	(2)  The department may, in its discretion, issue a
1844	temporary permit to an applicant for a Class D or Class E
1845	driver's license permitting him or her to operate a motor
1846	vehicle of the type for which a Class D or Class E driver's
1847	license is required while the department is completing its
1848	investigation and determination of all facts relative to such
1849	applicant's right to receive a driver's license. Such permit
1850	must be in his or her immediate possession while operating a
1851	motor vehicle, and it shall be invalid when the applicant's
1852	license has been issued or for good cause has been refused.
1853	(3)  Any person who, except for his or her lack of
1854	instruction in operating a Class D or commercial motor vehicle,
1855	would otherwise be qualified to obtain a Class D or commercial
1856	driver's license under this chapter, may apply for a temporary
1857	Class D or temporary commercial instruction permit. The
1858	department shall issue such a permit entitling the applicant,
1859	while having the permit in his or her immediate possession, to
1860	drive a Class D or commercial motor vehicle on the highways,
1861	provided that:
1862	(a)  The applicant possesses a valid driver's license
1863	issued in any state; and
1864	(b)  The applicant, while operating a Class D or commercial
1865	motor vehicle, is accompanied by a licensed driver who is 21
1866	years of age or older, who is licensed to operate the class of
1867	vehicle being operated, and who is actually occupying the
1868	closest seat to the right of the driver.
1869	Section 55.  Subsection (2) of section 322.08, Florida
1870	Statutes, is amended to read:
1871	322.08  Application for license.--
1872	(2)  Each such application shall include the following
1873	information regarding the applicant:
1874	(a)  Full name (first, middle or maiden, and last), gender,
1875	social security card number, county of residence and mailing
1876	address, country of birth, and a brief description.
1877	(b)  Proof of birth date satisfactory to the department.
1878	(c)  Proof of identity satisfactory to the department. Such
1879	proof must include one of the following documents issued to the
1880	applicant:
1881	1.  A driver's license record or identification card record
1882	from another jurisdiction that required the applicant to submit
1883	a document for identification which is substantially similar to
1884	a document required under subparagraph 2., subparagraph 3.,
1885	subparagraph 4., subparagraph 5., or subparagraph 6., or
1886	subparagraph 7.;
1887	2.  A certified copy of a United States birth certificate;
1888	3.  A valid United States passport;
1889	4.  A naturalization certificate issued by the United
1890	States Department of Justice;
1891	5.4.  An alien registration receipt card (green card);
1892	6.5.  An employment authorization card issued by the United
1893	States Department of Justice; or
1894	7.6.  Proof of nonimmigrant classification provided by the
1895	United States Department of Justice for an original driver's
1896	license. In order to prove nonimmigrant classification, an
1897	applicant may produce documents including, but not limited to,
1898	the following:
1899	a.  A notice of hearing from an immigration court
1900	scheduling a hearing on any proceeding.
1901	b.  A notice from the Board of Immigration Appeals
1902	acknowledging pendency of an appeal.
1903	c.  A notice of the approval of an application for
1904	adjustment of status issued by the United States Immigration and
1905	Naturalization Service.
1906	d.  Any official documentation confirming the filing of a
1907	petition for asylum status or any other relief issued by the
1908	United States Immigration and Naturalization Service.
1909	e.  A notice of action transferring any pending matter from
1910	another jurisdiction to this state issued by the United States
1911	Immigration and Naturalization Service.
1912	f.  An order of an immigration judge or immigration officer
1913	granting any relief that authorizes the alien to live and work
1914	in the United States, including, but not limited to, asylum.
1915
1916	Presentation of any of the documents in subparagraph 6. or
1917	subparagraph 7. entitles the applicant to a driver's license or
1918	temporary permit for a period not to exceed the expiration date
1919	of the document presented or 2 years, whichever occurs first.
1920	(d)  Whether the applicant has previously been licensed to
1921	drive, and, if so, when and by what state, and whether any such
1922	license or driving privilege has ever been disqualified,
1923	revoked, or suspended, or whether an application has ever been
1924	refused, and, if so, the date of and reason for such
1925	disqualification, suspension, revocation, or refusal.
1926	(e)  Each such application may include fingerprints and
1927	other unique biometric means of identity.
1928	Section 56.  Subsections (1) and (3) and paragraph (b) of
1929	subsection (4) of section 322.12, Florida Statutes, are amended
1930	to read:
1931	322.12  Examination of applicants.--
1932	(1)  It is the intent of the Legislature that every
1933	applicant for an original driver's license in this state be
1934	required to pass an examination pursuant to this section.
1935	However, the department may waive the knowledge, endorsement,
1936	and skills tests for an applicant who is otherwise qualified and
1937	who surrenders a valid driver's license from another state or a
1938	province of Canada, or a valid driver's license issued by the
1939	United States Armed Forces, if the driver applies for a Florida
1940	license of an equal or lesser classification. Any applicant who
1941	fails to pass the initial knowledge test will incur a $5 fee for
1942	each subsequent test, to be deposited into the Highway Safety
1943	Operating Trust Fund. Any applicant who fails to pass the
1944	initial skills test will incur a $10 fee for each subsequent
1945	test, to be deposited into the Highway Safety Operating Trust
1946	Fund. A person who seeks to retain a hazardous-materials
1947	endorsement, pursuant to s. 322.57(1)(e) 322.57(1)(d), must pass
1948	the hazardous-materials test, upon surrendering his or her
1949	commercial driver's license, if the person has not taken and
1950	passed the hazardous-materials test within 2 years preceding his
1951	or her application for a commercial driver's license in this
1952	state.
1953	(3)  For an applicant for a Class D or a Class E driver's
1954	license, such examination shall include a test of the
1955	applicant's eyesight given by the driver's license examiner
1956	designated by the department or by a licensed ophthalmologist,
1957	optometrist, or physician and a test of the applicant's hearing
1958	given by a driver's license examiner or a licensed physician.
1959	The examination shall also include a test of the applicant's
1960	ability to read and understand highway signs regulating,
1961	warning, and directing traffic; his or her knowledge of the
1962	traffic laws of this state, including laws regulating driving
1963	under the influence of alcohol or controlled substances, driving
1964	with an unlawful blood-alcohol level, and driving while
1965	intoxicated; and his or her knowledge of the effects of alcohol
1966	and controlled substances upon persons and the dangers of
1967	driving a motor vehicle while under the influence of alcohol or
1968	controlled substances and shall include an actual demonstration
1969	of ability to exercise ordinary and reasonable control in the
1970	operation of a motor vehicle.
1971	(4)  The examination for an applicant for a commercial
1972	driver's license shall include a test of the applicant's
1973	eyesight given by a driver's license examiner designated by the
1974	department or by a licensed ophthalmologist, optometrist, or
1975	physician and a test of the applicant's hearing given by a
1976	driver's license examiner or a licensed physician. The
1977	examination shall also include a test of the applicant's ability
1978	to read and understand highway signs regulating, warning, and
1979	directing traffic; his or her knowledge of the traffic laws of
1980	this state pertaining to the class of motor vehicle which he or
1981	she is applying to be licensed to operate, including laws
1982	regulating driving under the influence of alcohol or controlled
1983	substances, driving with an unlawful blood-alcohol level, and
1984	driving while intoxicated; his or her knowledge of the effects
1985	of alcohol and controlled substances and the dangers of driving
1986	a motor vehicle after having consumed alcohol or controlled
1987	substances; and his or her knowledge of any special skills,
1988	requirements, or precautions necessary for the safe operation of
1989	the class of vehicle which he or she is applying to be licensed
1990	to operate. In addition, the examination shall include an actual
1991	demonstration of the applicant's ability to exercise ordinary
1992	and reasonable control in the safe operation of a motor vehicle
1993	or combination of vehicles of the type covered by the license
1994	classification which the applicant is seeking, including an
1995	examination of the applicant's ability to perform an inspection
1996	of his or her vehicle.
1997	(b)  A person who seeks to retain a hazardous-materials
1998	endorsement must, upon renewal, pass the test for such
1999	endorsement as specified in s. 322.57(1)(e) 322.57(1)(d), if the
2000	person has not taken and passed the hazardous-materials test
2001	within 2 years preceding his or her application for a commercial
2002	driver's license in this state.
2003	Section 57.  Subsection (8) of section 322.121, Florida
2004	Statutes, is amended to read:
2005	322.121  Periodic reexamination of all drivers.--
2006	(8)  In addition to any other examination authorized by
2007	this section, an applicant for a renewal of an endorsement
2008	issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f) may
2009	be required to complete successfully an examination of his or
2010	her knowledge regarding state and federal rules, regulations,
2011	and laws, governing the type of vehicle which he or she is
2012	seeking an endorsement to operate.
2013	Section 58.  Subsections (1) and (4) of section 322.135,
2014	Florida Statutes, are amended, and subsection (9) is added to
2015	said section, to read:
2016	322.135  Driver's license agents.--
2017	(1)  The department may, upon application, authorize any or
2018	all of the tax collectors in the several counties of the state,
2019	subject to the requirements of law, in accordance with rules of
2020	the department, to serve as its agent for the provision of
2021	specified driver's license services.
2022	(a)  These services shall be limited to the issuance of
2023	driver's licenses and identification cards as authorized by this
2024	chapter.
2025	(b)  Each tax collector who is authorized by the department
2026	to provide driver's license services shall bear all costs
2027	associated with providing those services.
2028	(c)  A fee of $5.25 is to be charged, in addition to the
2029	fees set forth in this chapter, for any driver's license issued
2030	or renewed by a tax collector. One dollar of the $5.25 fee must
2031	be deposited into the Highway Safety Operating Trust Fund.
2032	(4)  A tax collector may not issue or renew a driver's
2033	license if he or she has any reason to believe that the licensee
2034	or prospective licensee is physically or mentally unqualified to
2035	operate a motor vehicle. The tax collector may shall direct any
2036	such licensee to the department for examination or reexamination
2037	under s. 322.221.
2038	(9)  Notwithstanding chapter 116, each county officer
2039	within this state who is authorized to collect funds provided
2040	for in this chapter shall pay all sums officially received by
2041	the officer into the State Treasury no later than 5 working days
2042	after the close of the business day on which the officer
2043	received the funds. Payment by county officers to the state
2044	shall be made by means of electronic funds transfer.
2045	Section 59.  Subsection (1) of section 322.142, Florida
2046	Statutes, is amended to read:
2047	322.142  Color photographic or digital imaged licenses.--
2048	(1)  The department shall, upon receipt of the required
2049	fee, issue to each qualified applicant for a an original
2050	driver's license a color photographic or digital imaged driver's
2051	license bearing a fullface photograph or digital image of the
2052	licensee. Notwithstanding chapter 761, the requirement for a
2053	fullface photograph or digital image of the licensee may not be
2054	waived. A space shall be provided upon which the licensee shall
2055	affix his or her usual signature, as required in s. 322.14, in
2056	the presence of an authorized agent of the department so as to
2057	ensure that such signature becomes a part of the license.
2058	Section 60.  Subsections (3) and (4) of section 322.161,
2059	Florida Statutes, are renumbered as subsections (2) and (3),
2060	respectively, and paragraph (a) of subsection (1) and present
2061	subsection (2) of said section are amended to read:
2062	322.161  High-risk drivers; restricted licenses.--
2063	(1)(a)  Notwithstanding any provision of law to the
2064	contrary, the department shall restrict the driving privilege of
2065	any Class D or Class E licensee who is age 15 through 17 and who
2066	has accumulated six or more points pursuant to s. 318.14,
2067	excluding parking violations, within a 12-month period.
2068	(2)(a)  Any Class E licensee who is age 15 through 17 and
2069	who has accumulated six or more points pursuant to s. 318.14,
2070	excluding parking violations, within a 12-month period shall not
2071	be eligible to obtain a Class D license for a period of no less
2072	than 1 year. The period of ineligibility shall begin on the date
2073	of conviction for the violation that results in the licensee's
2074	accumulation of six or more points.
2075	(b)  The period of ineligibility shall automatically expire
2076	after 1 year if the licensee does not accumulate any additional
2077	points. If the licensee accumulates any additional points, then
2078	the period of ineligibility shall be extended 90 days for each
2079	point. The period of ineligibility shall also automatically
2080	expire upon the licensee's 18th birthday if no other grounds for
2081	ineligibility exist.
2082	Section 61.  Subsection (3) of section 322.17, Florida
2083	Statutes, is amended to read:
2084	322.17  Duplicate and replacement certificates.--
2085	(3)  Notwithstanding any other provisions of this chapter,
2086	if a licensee establishes his or her identity for a driver's
2087	license using an identification document authorized under s.
2088	322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
2089	obtain a duplicate or replacement instruction permit or driver's
2090	license except in person and upon submission of an
2091	identification document authorized under s. 322.08(2)(c)6. or 7
2092	s. 322.08(2)(c)5.-6.
2093	Section 62.  Subsections (2) and (4) of section 322.18,
2094	Florida Statutes, are amended to read:
2095	322.18  Original applications, licenses, and renewals;
2096	expiration of licenses; delinquent licenses.--
2097	(2)  Each applicant who is entitled to the issuance of a
2098	driver's license, as provided in this section, shall be issued a
2099	driver's license, as follows:
2100	(a)  An applicant applying for an original issuance shall
2101	be issued a driver's license which expires at midnight on the
2102	licensee's birthday which next occurs on or after the sixth
2103	anniversary of the date of issue.
2104	(b)  An applicant applying for a renewal issuance or
2105	renewal extension shall be issued a driver's license or renewal
2106	extension sticker which expires at midnight on the licensee's
2107	birthday which next occurs 4 years after the month of expiration
2108	of the license being renewed, except that a driver whose driving
2109	record reflects no convictions for the preceding 3 years shall
2110	be issued a driver's license or renewal extension sticker which
2111	expires at midnight on the licensee's birthday which next occurs
2112	6 years after the month of expiration of the license being
2113	renewed.
2114	(c)  Notwithstanding any other provision of this chapter,
2115	if an applicant establishes his or her identity for a driver's
2116	license using a document authorized under s. 322.08(2)(c)5. s.
2117	322.08(2)(c)4., the driver's license shall expire in accordance
2118	with paragraph (b). After an initial showing of such
2119	documentation, he or she is exempted from having to renew or
2120	obtain a duplicate in person.
2121	(d)  Notwithstanding any other provision of this chapter,
2122	if applicant establishes his or her identity for a driver's
2123	license using a document authorized in s. 322.08(2)(c)6. or 7.
2124	s. 322.08(2)(c)5. or 6., the driver's license shall expire 2 4
2125	years after the date of issuance or upon the expiration date
2126	cited on the United States Department of Justice documents,
2127	whichever date first occurs.
2128	(e)  Notwithstanding any other provision of this chapter,
2129	an applicant applying for an original or renewal issuance of a
2130	commercial driver's license as defined in s. 322.01(7), with a
2131	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
2132	shall be issued a driver's license that expires at midnight on
2133	the licensee's birthday that next occurs 4 years after the month
2134	of expiration of the license being issued or renewed.
2135	(4)(a)  Except as otherwise provided in this chapter, all
2136	licenses shall be renewable every 4 years or 6 years, depending
2137	upon the terms of issuance and shall be issued or extended upon
2138	application, payment of the fees required by s. 322.21, and
2139	successful passage of any required examination, unless the
2140	department has reason to believe that the licensee is no longer
2141	qualified to receive a license.
2142	(b)  Notwithstanding any other provision of this chapter,
2143	if an applicant establishes his or her identity for a driver's
2144	license using a document authorized under s. 322.08(2)(c)5. s.
2145	322.08(2)(c)4., the license, upon an initial showing of such
2146	documentation, is exempted from having to renew or obtain a
2147	duplicate in person, unless the renewal or duplication coincides
2148	with the periodic reexamination of a driver as required pursuant
2149	to s. 322.121.
2150	(c)  Notwithstanding any other provision of this chapter,
2151	if a licensee establishes his or her identity for a driver's
2152	license using an identification document authorized under s.
2153	322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the licensee may
2154	not renew the driver's license except in person and upon
2155	submission of an identification document authorized under s.
2156	322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's license
2157	renewed under this paragraph expires 4 years after the date of
2158	issuance or upon the expiration date cited on the United States
2159	Department of Justice documents, whichever date first occurs.
2160	Section 63.  Subsection (4) of section 322.19, Florida
2161	Statutes, is amended to read:
2162	322.19  Change of address or name.--
2163	(4)  Notwithstanding any other provision of this chapter,
2164	if a licensee established his or her identity for a driver's
2165	license using an identification document authorized under s.
2166	322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
2167	change his or her name or address except in person and upon
2168	submission of an identification document authorized under s.
2169	322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6.
2170	Section 64.  Subsection (11) of section 322.20, Florida
2171	Statutes, is amended to read:
2172	322.20  Records of the department; fees; destruction of
2173	records.--
2174	(11)(a)  The department is authorized to charge the
2175	following fees for the following services and documents:
2176	1.  For providing a transcript of any one individual's
2177	driver history record or any portion thereof for the past 3
2178	years or for searching for the such record when no record is
2179	found to be on file....$2.10
2180	2.  For providing a transcript of any one individual's
2181	driver history record or any portion thereof for the past 7
2182	years or for searching for the such record when no record is
2183	found to be on file....$3.10
2184	3.  For providing a certified copy of a transcript of the
2185	driver history record or any portion thereof for any one
2186	individual....$3.10
2187	4.  For providing a certified photographic copy of a
2188	document, per page....$1.00
2189	5.  For providing an exemplified record....$15.00
2190	6.  For providing photocopies of documents, papers,
2191	letters, clearances, or license or insurance status reports, per
2192	page....$0.50
2193	7.  For assisting persons in searching any one individual's
2194	driver record at a terminal located at the department's general
2195	headquarters in Tallahassee....$2.00
2196	8.  For providing electronic access to driver's license
2197	status by name, gender, and date of birth, or by driver license
2198	number, per item, except that information provided via the
2199	department's Internet website shall be free of charge....$0.50
2200	(b)  The department shall furnish the such information
2201	without charge to any local, state, or federal law enforcement
2202	agency or court upon proof satisfactory to the department as to
2203	the purpose of the investigation.
2204	Section 65.  Subsection (1) of section 322.21, Florida
2205	Statutes, is amended to read:
2206	322.21  License fees; procedure for handling and collecting
2207	fees.--
2208	(1)  Except as otherwise provided herein, the fee for:
2209	(a)  An original or renewal commercial driver's license is
2210	$50, which shall include the fee for driver education provided
2211	by s. 1003.48; however, if an applicant has completed training
2212	and is applying for employment or is currently employed in a
2213	public or nonpublic school system that requires the commercial
2214	license, the fee shall be the same as for a Class E driver's
2215	license. A delinquent fee of $1 shall be added for a renewal
2216	made not more than 12 months after the license expiration date.
2217	(b)  An original Class D or Class E driver's license is
2218	$20, which shall include the fee for driver's education provided
2219	by s. 1003.48; however, if an applicant has completed training
2220	and is applying for employment or is currently employed in a
2221	public or nonpublic school system that requires a commercial
2222	driver license, the fee shall be the same as for a Class E
2223	license.
2224	(c)  The renewal or extension of a Class D or Class E
2225	driver's license or of a license restricted to motorcycle use
2226	only is $15, except that a delinquent fee of $1 shall be added
2227	for a renewal or extension made not more than 12 months after
2228	the license expiration date. The fee provided in this paragraph
2229	shall include the fee for driver's education provided by s.
2230	1003.48.
2231	(d)  An original driver's license restricted to motorcycle
2232	use only is $20, which shall include the fee for driver's
2233	education provided by s. 1003.48.
2234	(e)  Each endorsement required by s. 322.57 is $5.
2235	(f)  A hazardous-materials endorsement, as required by s.
2236	322.57(1)(e), shall be set by the department by rule and shall
2237	reflect the cost of the required criminal history check,
2238	including the cost of the state and federal fingerprint check,
2239	and the cost to the department of providing and issuing the
2240	license. The fee shall not exceed $100. This fee shall be
2241	deposited in the Highway Safety Operating Trust Fund.
2242	Section 66.  Section 322.22, Florida Statutes, is amended
2243	to read:
2244	322.22  Authority of department to cancel license,
2245	identification card, vehicle or vessel registration, fuel-use
2246	tax decal.--
2247	(1)  The department is authorized to cancel any driver's
2248	license, upon determining that the licensee was not entitled to
2249	the issuance thereof, or that the licensee failed to give the
2250	required or correct information in his or her application or
2251	committed any fraud in making such application, or that the
2252	licensee has two or more licenses on file with the department,
2253	each in a different name but bearing the photograph of the
2254	licensee, unless the licensee has complied with the requirements
2255	of this chapter in obtaining the licenses. The department may
2256	cancel any driver's license, identification card, vehicle or
2257	vessel registration, or fuel-use tax decal if the licensee fails
2258	to pay the correct fee or uses a dishonored check to pay pays
2259	for the driver's license, identification card, vehicle or vessel
2260	registration, or fuel-use tax decal; to pay any tax liability,
2261	penalty, or interest specified in chapter 207; or to pay pays
2262	any administrative, delinquency, or reinstatement fee by a
2263	dishonored check.
2264	(2)  Upon such cancellation, the licensee must surrender to
2265	the department the license, identification card, vehicle or
2266	vessel registration, or fuel-use tax decal so canceled.
2267	Section 67.  Subsections (4) and (5) of section 322.251,
2268	Florida Statutes, are amended to read:
2269	322.251  Notice of cancellation, suspension, revocation, or
2270	disqualification of license.--
2271	(4)  A person whose privilege to operate a commercial motor
2272	vehicle is temporarily disqualified may, upon surrendering his
2273	or her commercial driver's license, be issued a Class D or Class
2274	E driver's license, valid for the length of his or her unexpired
2275	commercial driver's license, at no cost. Such person may, upon
2276	the completion of his or her disqualification, be issued a
2277	commercial driver's license, of the type disqualified, for the
2278	remainder of his or her unexpired license period. Any such
2279	person shall pay the reinstatement fee provided in s. 322.21
2280	before being issued a commercial driver's license.
2281	(5)  A person whose privilege to operate a commercial motor
2282	vehicle is permanently disqualified may, upon surrendering his
2283	or her commercial driver's license, be issued a Class D or Class
2284	E driver's license, if he or she is otherwise qualified to
2285	receive such license. Any such person shall be issued a Class D
2286	or Class E license, valid for the remainder of his or her
2287	unexpired license period, at no cost.
2288	Section 68.  Paragraph (c) of subsection (2) of section
2289	322.292, Florida Statutes, is amended to read:
2290	322.292  DUI programs supervision; powers and duties of the
2291	department.--
2292	(2)  The department shall adopt rules to implement its
2293	supervisory authority over DUI programs in accordance with the
2294	procedures of chapter 120, including the establishment of
2295	uniform standards of operation for DUI programs and the method
2296	for setting and approving fees, as follows:
2297	(c)  Implement procedures for the granting and revoking of
2298	licenses for DUI programs, including:
2299	1.  A uniform application fee not to exceed $1,000 but in
2300	an amount sufficient to cover the department's administrative
2301	costs in processing and evaluating DUI program license
2302	applications. The application fee shall not apply to programs
2303	that apply for licensure to serve a county that does not have a
2304	currently licensed DUI program or where the currently licensed
2305	program has relinquished its license.
2306	2.  In considering an application for approval of a DUI
2307	program, the department shall determine whether improvements in
2308	service may be derived from the operation of the DUI program and
2309	the number of clients currently served in the circuit. The
2310	department shall apply the following criteria:
2311	a.  The increased frequency of classes and availability of
2312	locations of services offered by the applicant DUI program.
2313	b.  Services and fees offered by the applicant DUI program
2314	and any existing DUI program.
2315	c.  The number of DUI clients currently served and
2316	historical trends in the number of clients served in the
2317	circuit.
2318	d.  The availability, accessibility, and service history of
2319	any existing DUI program services.
2320	e.  The applicant DUI program's service history.
2321	f.  The availability of resources, including personnel,
2322	demonstrated management capability, and capital and operating
2323	expenditures of the applicant DUI program.
2324	g.  Improved services to minority and special needs
2325	clients.
2326	3.  Authority for competing applicants and currently
2327	licensed DUI programs serving the same geographic area to
2328	request an administrative hearing under chapter 120 to contest
2329	the department's determination of need for an additional
2330	licensed DUI program in that area.
2331	4.  A requirement that the department revoke the license of
2332	any DUI program that does not provide the services specified in
2333	its application within 45 days after licensure and notify the
2334	chief judge of that circuit of such revocation.
2335	5.  A requirement that all applicants for initial licensure
2336	as a DUI program in a particular circuit on and after the
2337	effective date of this act must, at a minimum, satisfy each of
2338	the following criteria:
2339	a.  Maintain a primary business office in the circuit which
2340	is located in a permanent structure that is readily accessible
2341	by public transportation, if public transportation is available.
2342	The primary business office must be adequately staffed and
2343	equipped to provide all DUI program support services, including
2344	registration and a file for each person who registers for the
2345	program.
2346	b.  Have a satellite office for registration of DUI
2347	offenders in each county in the circuit which is located in a
2348	permanent structure that is readily accessible by public
2349	transportation, if public transportation is available. A
2350	satellite office is not required in any county where the total
2351	number of DUI convictions in the most recent calendar year is
2352	less than 200. In a county where the total number of DUI
2353	convictions in the most recent calendar year is less than 200
2354	and no satellite office serves that county, another program
2355	provider, upon recommendation of the chief judge of the judicial
2356	circuit of that county, shall be approved by the department to
2357	serve the county, and such provider shall not be required to
2358	have a satellite office in each county in the circuit.
2359	c.  Have a classroom in each county in the circuit which is
2360	located in a permanent structure that is readily accessible by
2361	public transportation, if public transportation is available. A
2362	classroom is not required in any county where the total number
2363	of DUI convictions in the most recent calendar year is less than
2364	100. A classroom may not be located within 250 feet of any
2365	business that sells alcoholic beverages. However, a classroom
2366	shall not be required to be relocated when a business selling
2367	alcoholic beverages locates to within 250 feet of the classroom.
2368	d.  Have a plan for conducting all DUI education courses,
2369	evaluation services, and other services required by the
2370	department. The level I DUI education course must be taught in
2371	four segments, with no more than 6 hours of classroom
2372	instruction provided to any offender each day. All DUI education
2373	courses must be in a classroom with face-to-face instruction and
2374	interaction among offenders and an instructor.
2375	e.  Employ at least 1 full-time certified addiction
2376	professional for the program at all times.
2377	f.  Document support from community agencies involved in
2378	DUI education and substance abuse treatment in the circuit.
2379	g.  Have a volunteer board of directors and advisory
2380	committee made up of citizens who reside in the circuit in which
2381	licensure is sought.
2382	h.  Submit documentation of compliance with all applicable
2383	federal, state, and local laws, including, but not limited to,
2384	the Americans with Disabilities Act.
2385	Section 69.  Section 322.30, Florida Statutes, is amended
2386	to read:
2387	322.30  No operation under foreign license during
2388	suspension, revocation, or disqualification in this state.--
2389	(1)  Any resident or nonresident whose driver's license or
2390	right or privilege to operate a motor vehicle in this state has
2391	been suspended, revoked, or disqualified as provided in this
2392	chapter, shall not operate a motor vehicle in this state under a
2393	license, permit, or registration certificate issued by any other
2394	jurisdiction or otherwise during such suspension, revocation, or
2395	disqualification until a new license is obtained.
2396	(2)  Notwithstanding subsection (1), any commercial motor
2397	vehicle operator whose privilege to operate such vehicle is
2398	disqualified may operate a motor vehicle in this state as a
2399	Class D or Class E licensee, if authorized by this chapter.
2400	Section 70.  Subsections (4), (5), and (6) of section
2401	322.53, Florida Statutes, are amended to read:
2402	322.53  License required; exemptions.--
2403	(4)  A resident who is exempt from obtaining a commercial
2404	driver's license pursuant to paragraph (2)(a) or paragraph
2405	(2)(c) and who drives a commercial motor vehicle must obtain a
2406	Class D driver's license endorsed to authorize the operation of
2407	the particular type of vehicle for which his or her exemption is
2408	granted.
2409	(4)(5)  A resident who is exempt from obtaining a
2410	commercial driver's license pursuant to paragraph (2)(b),
2411	paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may
2412	drive a commercial motor vehicle pursuant to the exemption
2413	granted in paragraph (2)(b), paragraph (2)(d), paragraph (2)(e),
2414	or paragraph (2)(f) if he or she possesses a valid Class D or
2415	Class E driver's license or a military license.
2416	(5)(6)  The department shall adopt rules and enter into
2417	necessary agreements with other jurisdictions to provide for the
2418	operation of commercial vehicles by nonresidents pursuant to the
2419	exemption granted in subsection (2).
2420	Section 71.  Subsection (2) of section 322.54, Florida
2421	Statutes, is amended to read:
2422	322.54  Classification.--
2423	(2)  The department shall issue, pursuant to the
2424	requirements of this chapter, drivers' licenses in accordance
2425	with the following classifications:
2426	(a)  Any person who drives a motor vehicle combination
2427	having a gross vehicle weight rating, a declared weight, or an
2428	actual weight, whichever is greatest, of 26,001 pounds or more
2429	must possess a valid Class A driver's license, provided the
2430	gross vehicle weight rating, declared weight, or actual weight,
2431	whichever is greatest, of the vehicle being towed is more than
2432	10,000 pounds. Any person who possesses a valid Class A driver's
2433	license may, subject to the appropriate restrictions and
2434	endorsements, drive any class of motor vehicle within this
2435	state.
2436	(b)  Any person, except a person who possesses a valid
2437	Class A driver's license, who drives a motor vehicle having a
2438	gross vehicle weight rating, a declared weight, or an actual
2439	weight, whichever is greatest, of 26,001 pounds or more must
2440	possess a valid Class B driver's license. Any person, except a
2441	person who possesses a valid Class A driver's license, who
2442	drives such vehicle towing a vehicle having a gross vehicle
2443	weight rating, a declared weight, or an actual weight, whichever
2444	is greatest, of 10,000 pounds or less must possess a valid Class
2445	B driver's license. Any person who possesses a valid Class B
2446	driver's license may, subject to the appropriate restrictions
2447	and endorsements, drive any class of motor vehicle, other than
2448	the type of motor vehicle for which a Class A driver's license
2449	is required, within this state.
2450	(c)  Any person, except a person who possesses a valid
2451	Class A or a valid Class B driver's license, who drives a motor
2452	vehicle combination having a gross vehicle weight rating, a
2453	declared weight, or an actual weight, whichever is greatest, of
2454	26,001 pounds or more must possess a valid Class C driver's
2455	license. Any person who drives a motor vehicle combination
2456	having a gross vehicle weight rating, a declared weight, or an
2457	actual weight, whichever is greatest, of less than 26,001 pounds
2458	and who is required to obtain an endorsement pursuant to
2459	paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph
2460	(1)(d), or paragraph (1)(e), or paragraph (1)(f) of s. 322.57,
2461	must possess a valid Class C driver's license that is clearly
2462	restricted to the operation of a motor vehicle or motor vehicle
2463	combination of less than 26,001 pounds. Any person who possesses
2464	a valid Class C driver's license may, subject to the appropriate
2465	restrictions and endorsements, drive any class of motor vehicle,
2466	other than the type of motor vehicle for which a Class A or a
2467	Class B driver's license is required, within this state.
2468	(d)  Any person, except a person who possesses a valid
2469	Class A, valid Class B, or valid Class C driver's license, who
2470	drives a truck or a truck tractor having a gross vehicle weight
2471	rating, a declared weight, or an actual weight, whichever is
2472	greatest, of 8,000 pounds or more but less than 26,001 pounds,
2473	or which has a width of more than 80 inches must possess a valid
2474	Class D driver's license. Any person who possesses a valid Class
2475	D driver's license may, subject to the appropriate restrictions
2476	and endorsements, drive any type of motor vehicle, other than
2477	the type of motor vehicle for which a Class A, Class B, or Class
2478	C driver's license is required, within this state.
2479	(d)(e)  Any person, except a person who possesses a valid
2480	Class A, valid Class B, or valid Class C, or valid Class D
2481	driver's license, who drives a motor vehicle must possess a
2482	valid Class E driver's license. Any person who possesses a valid
2483	Class E driver's license may, subject to the appropriate
2484	restrictions and endorsements, drive any type of motor vehicle,
2485	other than the type of motor vehicle for which a Class A, Class
2486	B, or Class C, or Class D driver's license is required, within
2487	this state.
2488	Section 72.  Subsections (1) and (2) of section 322.57,
2489	Florida Statutes, are amended to read:
2490	322.57  Tests of knowledge concerning specified vehicles;
2491	endorsement; nonresidents; violations.--
2492	(1)  In addition to fulfilling any other driver's licensing
2493	requirements of this chapter, a person who:
2494	(a)  Drives a double or triple trailer must successfully
2495	complete a test of his or her knowledge concerning the safe
2496	operation of such vehicles.
2497	(b)  Drives a passenger vehicle must successfully complete
2498	a test of his or her knowledge concerning the safe operation of
2499	such vehicles and a test of his or her driving skill in such a
2500	vehicle.
2501	(c)  Drives a school bus must successfully complete a test
2502	of his or her knowledge concerning the safe operation of such
2503	vehicles and a test of his or her driving skill in such a
2504	vehicle.
2505	(d)(c)  Drives a tank vehicle must successfully complete a
2506	test of his or her knowledge concerning the safe operation of
2507	such vehicles.
2508	(e)(d)  Drives a vehicle that transports hazardous
2509	materials and that is required to be placarded in accordance
2510	with Title 49 C.F.R. part 172, subpart F, must successfully
2511	complete a test of his or her knowledge concerning the safe
2512	operation of such vehicles. Knowledge tests for hazardous-
2513	materials endorsements may not be administered orally for
2514	individuals applying for an initial hazardous-materials
2515	endorsement after June 30, 1994.
2516	(f)(e)  Operates a tank vehicle transporting hazardous
2517	materials must successfully complete the tests required in
2518	paragraphs (d) (c) and (e) (d) so that the department may issue
2519	a single endorsement permitting him or her to operate such tank
2520	vehicle.
2521	(g)(f)  Drives a motorcycle must successfully complete a
2522	test of his or her knowledge concerning the safe operation of
2523	such vehicles and a test of his or her driving skills on such
2524	vehicle. A person who successfully completes such tests shall be
2525	issued an endorsement if he or she is licensed to drive another
2526	type of motor vehicle. A person who successfully completes such
2527	tests and who is not licensed to drive another type of motor
2528	vehicle shall be issued a Class E driver's license that is
2529	clearly restricted to motorcycle use only.
2530	(2)  Before driving or operating any vehicle listed in
2531	subsection (1), a person must obtain an endorsement on his or
2532	her driver's license. An endorsement under paragraph (a),
2533	paragraph (b), paragraph (c), paragraph (d), or paragraph (e),
2534	or paragraph (f) of subsection (1) shall be issued only to
2535	persons who possess a valid Class A, valid Class B, or valid
2536	Class C driver's license. A person who drives a motor vehicle or
2537	motor vehicle combination that requires an endorsement under
2538	this subsection and who drives a motor vehicle or motor vehicle
2539	combination having a gross vehicle weight rating, a declared
2540	weight, or an actual weight, whichever is greatest, of less than
2541	26,000 pounds shall be issued a Class C driver's license that is
2542	clearly restricted to the operation of a motor vehicle or motor
2543	vehicle combination of less than 26,000 pounds.
2544	Section 73.  Paragraph (a) of subsection (1) of section
2545	322.58, Florida Statutes, is amended to read:
2546	322.58  Holders of chauffeur's licenses; effect of
2547	classified licensure.--
2548	(1)  In order to provide for the classified licensure of
2549	commercial motor vehicle drivers, the department shall require
2550	persons who have valid chauffeur's licenses to report on or
2551	after April 1, 1991, to the department for classified licensure,
2552	according to a schedule developed by the department.
2553	(a)  Any person who holds a valid chauffeur's license may
2554	continue to operate vehicles for which a Class E D driver's
2555	license is required until his or her chauffeur's license
2556	expires.
2557	Section 74.  Subsections (1), (2), (3), and (7) of section
2558	322.61, Florida Statutes, are amended, and subsections (4) and
2559	(5) of said section are reenacted, to read:
2560	322.61  Disqualification from operating a commercial motor
2561	vehicle.--
2562	(1)  A person who, within a 3-year period, is convicted of
2563	two of the following serious traffic violations or any
2564	combination thereof, arising in separate incidents committed in
2565	a commercial motor vehicle shall, in addition to any other
2566	applicable penalties, be disqualified from operating a
2567	commercial motor vehicle for a period of 60 days. A person who,
2568	within a 3-year period, is convicted of two of the following
2569	serious traffic violations or any combination thereof arising in
2570	separate incidents committed in a noncommercial motor vehicle
2571	shall, in addition to any other applicable penalties, be
2572	disqualified from operating a commercial motor vehicle for a
2573	period of 60 days if such convictions result in the suspension,
2574	revocation, or cancellation of the licenseholder's driving
2575	privilege:
2576	(a)  A violation of any state or local law relating to
2577	motor vehicle traffic control, other than a parking violation, a
2578	weight violation, or a vehicle equipment violation, arising in
2579	connection with a crash resulting in death or personal injury to
2580	any person;
2581	(b)  Reckless driving, as defined in s. 316.192;
2582	(c)  Careless driving, as defined in s. 316.1925;
2583	(d)  Fleeing or attempting to elude a law enforcement
2584	officer, as defined in s. 316.1935;
2585	(e)  Unlawful speed of 15 miles per hour or more above the
2586	posted speed limit;
2587	(f)  Driving a commercial motor vehicle, owned by such
2588	person, which is not properly insured;
2589	(g)  Improper lane change, as defined in s. 316.085; or
2590	(h)  Following too closely, as defined in s. 316.0895;
2591	(i)  Driving a commercial motor vehicle without obtaining a
2592	commercial driver's license;
2593	(j)  Driving a commercial motor vehicle without a
2594	commercial driver's license in possession; or
2595	(k)  Driving a commercial motor vehicle without the proper
2596	class of commercial driver's license or without the proper
2597	endorsement.
2598	(2)  Any person who, within a 3-year period, is convicted
2599	of three serious traffic violations specified in subsection (1)
2600	or any combination thereof, arising in separate incidents
2601	committed in a commercial motor vehicle shall, in addition to
2602	any other applicable penalties, including, but not limited to,
2603	the penalty provided in subsection (1), be disqualified from
2604	operating a commercial motor vehicle for a period of 120 days. A
2605	person who, within a 3-year period, is convicted of three
2606	serious traffic violations specified in subsection (1) or any
2607	combination thereof arising in separate incidents committed in a
2608	noncommercial motor vehicle shall, in addition to any other
2609	applicable penalties, including, but not limited to, the penalty
2610	provided in subsection (1), be disqualified from operating a
2611	commercial motor vehicle for a period of 120 days if such
2612	convictions result in the suspension, revocation, or
2613	cancellation of the licenseholder's driving privilege.
2614	(3)  Except as provided in subsection (4), any person who
2615	is convicted of one of the following offenses shall, in addition
2616	to any other applicable penalties, be disqualified from
2617	operating a commercial motor vehicle for a period of 1 year:
2618	(a)  Driving a commercial motor vehicle while he or she is
2619	under the influence of alcohol or a controlled substance;
2620	(b)  Driving a commercial motor vehicle while the alcohol
2621	concentration of his or her blood, breath, or urine is .04
2622	percent or higher;
2623	(c)  Leaving the scene of a crash involving a commercial
2624	motor vehicle driven by such person;
2625	(d)  Using a commercial motor vehicle in the commission of
2626	a felony;
2627	(e)  Driving a commercial motor vehicle while in possession
2628	of a controlled substance; or
2629	(f)  Refusing to submit to a test to determine his or her
2630	alcohol concentration while driving a commercial motor vehicle;
2631	(g)  Driving a commercial motor vehicle while the
2632	licenseholder's commercial driver's license is suspended,
2633	revoked, or canceled or while the licenseholder is disqualified
2634	from driving a commercial motor vehicle; or
2635	(h)  Causing a fatality through the negligent operation of
2636	a commercial motor vehicle.
2637	(4)  Any person who is transporting hazardous materials in
2638	a vehicle that is required to be placarded in accordance with
2639	Title 49 C.F.R. part 172, subpart F shall, upon conviction of an
2640	offense specified in subsection (3), be disqualified from
2641	operating a commercial motor vehicle for a period of 3 years.
2642	The penalty provided in this subsection shall be in addition to
2643	any other applicable penalty.
2644	(5)  Any person who is convicted of two violations
2645	specified in subsection(3), or any combination thereof, arising
2646	in separate incidents shall be permanently disqualified from
2647	operating a commercial motor vehicle. The penalty provided in
2648	this subsection shall be in addition to any other applicable
2649	penalty.
2650	(7)  A person whose privilege to operate a commercial motor
2651	vehicle is disqualified under this section may, if otherwise
2652	qualified, be issued a Class D or Class E driver's license,
2653	pursuant to s. 322.251.
2654	Section 75.  Subsection (1) and paragraph (a) of subsection
2655	(3) of section 322.63, Florida Statutes, are amended to read:
2656	322.63  Alcohol or drug testing; commercial motor vehicle
2657	operators.--
2658	(1)  A person who accepts the privilege extended by the
2659	laws of this state of operating a commercial motor vehicle
2660	within this state shall, by so operating such commercial motor
2661	vehicle, be deemed to have given his or her consent to submit to
2662	an approved chemical or physical test of his or her blood or,
2663	breath, or urine for the purpose of determining his or her
2664	alcohol concentration and to a urine test or for the purpose of
2665	detecting the presence of chemical substances as set forth in s.
2666	877.111 or of controlled substances.
2667	(a)  By applying for a commercial driver's license and by
2668	accepting and using a commercial driver's license, the person
2669	holding the commercial driver's license is deemed to have
2670	expressed his or her consent to the provisions of this section.
2671	(b)  Any person who drives a commercial motor vehicle
2672	within this state and who is not required to obtain a commercial
2673	driver's license in this state is, by his or her act of driving
2674	a commercial motor vehicle within this state, deemed to have
2675	expressed his or her consent to the provisions of this section.
2676	(c)  A notification of the consent provision of this
2677	section shall be printed above the signature line on each new or
2678	renewed commercial driver's license issued after March 31, 1991.
2679	(3)(a)  The breath and blood physical and chemical tests
2680	authorized in this section shall be administered substantially
2681	in accordance with rules adopted by the Department of Law
2682	Enforcement.
2683	Section 76.  For the purpose of incorporating the amendment
2684	to section 322.61, Florida Statutes, in a reference thereto,
2685	subsection (14) of section 322.64, Florida Statutes, is
2686	reenacted to read:
2687	322.64  Holder of commercial driver's license; driving with
2688	unlawful blood-alcohol level; refusal to submit to breath,
2689	urine, or blood test.--
2690	(14)  The decision of the department under this section
2691	shall not be considered in any trial for a violation of s.
2692	316.193, s. 322.61, or s. 322.62, nor shall any written
2693	statement submitted by a person in his or her request for
2694	departmental review under this section be admissible into
2695	evidence against him or her in any such trial. The disposition
2696	of any related criminal proceedings shall not affect a
2697	disqualification imposed pursuant to this section.
2698	Section 77.  Subsection (2) of section 328.11, Florida
2699	Statutes, is amended to read:
2700	328.11  Certificates Duplicate certificate of title;
2701	expedited service; duplicate certificates.--
2702	(2)  In addition to the fee imposed by subsection (1), the
2703	Department of Highway Safety and Motor Vehicles shall charge a
2704	fee of $5 for expedited service in issuing a duplicate
2705	certificate of title. Application for such expedited service may
2706	be made by mail or in person. The department shall issue each
2707	certificate of title applied for under this subsection within 5
2708	working days after receipt of a proper application or shall
2709	refund the additional $5 fee upon written request by the
2710	applicant.
2711	Section 78.  Paragraphs (c) and (f) of subsection (13) of
2712	section 713.78, Florida Statutes, are amended to read:
2713	713.78  Liens for recovering, towing, or storing vehicles
2714	and vessels.--
2715	(13)
2716	(c)1.  The registered owner of a vehicle, vessel, or mobile
2717	home may dispute a wrecker operator's lien, by notifying the
2718	department of the dispute in writing on forms provided by the
2719	department, if at least one of the following applies:
2720	a.  The registered owner presents a notarized bill of sale
2721	proving that the vehicle, vessel, or mobile home was sold in a
2722	private or casual sale before the vehicle, vessel, or mobile
2723	home was recovered, towed, or stored.
2724	b.  The registered owner presents proof that the Florida
2725	certificate of title of the vehicle, vessel, or mobile home was
2726	sold to a licensed dealer as defined in s. 319.001 before the
2727	vehicle, vessel, or mobile home was recovered, towed, or stored.
2728	c.  The records of the department were marked "sold" prior
2729	to the date of the tow.
2730
2731	If the registered owner's dispute of a wrecker operator's lien
2732	complies with one of these criteria, the department shall
2733	immediately remove the registered owner's name from the list of
2734	those persons who may not be issued a license plate or
2735	revalidation sticker for any motor vehicle under s. 320.03(8),
2736	thereby allowing issuance of a license plate or revalidation
2737	sticker. If the vehicle, vessel, or mobile home is owned jointly
2738	by more than one person, each registered owner must dispute the
2739	wrecker operator's lien in order to be removed from the list.
2740	However, the department shall deny any dispute and maintain the
2741	registered owner's name on the list of those persons who may not
2742	be issued a license plate or revalidation sticker for any motor
2743	vehicle under s. 320.03(8) if the wrecker operator has provided
2744	the department with a certified copy of the judgment of a court
2745	which orders the registered owner to pay the wrecker operator's
2746	lien claimed under this section. In such a case, the amount of
2747	the wrecker operator's lien allowed by paragraph (b) may be
2748	increased to include no more than $500 of the reasonable costs
2749	and attorney's fees incurred in obtaining the judgment. The
2750	department's action under this subparagraph is ministerial in
2751	nature, shall not be considered final agency action, and is
2752	appealable only to the county court for the county in which the
2753	vehicle, vessel, or mobile home was ordered removed.
2754	2.  A person against whom a wrecker operator's lien has
2755	been imposed may alternatively obtain a discharge of the lien by
2756	filing a complaint, challenging the validity of the lien or the
2757	amount thereof, in the county court of the county in which the
2758	vehicle, vessel, or mobile home was ordered removed. Upon filing
2759	of the complaint, the person may have her or his name removed
2760	from the list of those persons who may not be issued a license
2761	plate or revalidation sticker for any motor vehicle under s.
2762	320.03(8), thereby allowing issuance of a license plate or
2763	revalidation sticker, upon posting with the court a cash or
2764	surety bond or other adequate security equal to the amount of
2765	the wrecker operator's lien to ensure the payment of such lien
2766	in the event she or he does not prevail. Upon the posting of the
2767	bond and the payment of the applicable fee set forth in s.
2768	28.24, the clerk of the court shall issue a certificate
2769	notifying the department of the posting of the bond and
2770	directing the department to release the wrecker operator's lien.
2771	Upon determining the respective rights of the parties, the court
2772	may award damages and costs in favor of the prevailing party.
2773	3.  If a person against whom a wrecker operator's lien has
2774	been imposed does not object to the lien, but cannot discharge
2775	the lien by payment because the wrecker operator has moved or
2776	gone out of business, the person may have her or his name
2777	removed from the list of those persons who may not be issued a
2778	license plate or revalidation sticker for any motor vehicle
2779	under s. 320.03(8), thereby allowing issuance of a license plate
2780	or revalidation sticker, upon posting with the clerk of court in
2781	the county in which the vehicle, vessel, or mobile home was
2782	ordered removed, a cash or surety bond or other adequate
2783	security equal to the amount of the wrecker operator's lien.
2784	Upon the posting of the bond and the payment of the application
2785	fee set forth in s. 28.24, the clerk of the court shall issue a
2786	certificate notifying the department of the posting of the bond
2787	and directing the department to release the wrecker operator's
2788	lien. The department shall mail to the wrecker operator, at the
2789	address upon the lien form, notice that the wrecker operator
2790	must claim the security within 60 days, or the security will be
2791	released back to the person who posted it. At the conclusion of
2792	the 60 days, the department shall direct the clerk as to which
2793	party is entitled to payment of the security, less applicable
2794	clerk's fees.
2795	4.  A wrecker operator's lien expires 5 years after filing.
2796	(f)  This subsection applies only to the annual renewal in
2797	the registered owner's birth month of a motor vehicle
2798	registration and does not apply to the transfer of a
2799	registration of a motor vehicle sold by a motor vehicle dealer
2800	licensed under chapter 320, except for the transfer of
2801	registrations which is inclusive of the annual renewals. This
2802	subsection does not apply to any vehicle registered in the name
2803	of the lessor. This subsection does not affect the issuance of
2804	the title to a motor vehicle, notwithstanding s. 319.23(7)(b).
2805	Section 79.  Subsection (1) of section 832.06, Florida
2806	Statutes, is amended to read:
2807	832.06  Prosecution for worthless checks given tax
2808	collector for licenses or taxes; refunds.--
2809	(1)  Whenever any person, firm, or corporation violates the
2810	provisions of s. 832.05 by drawing, making, uttering, issuing,
2811	or delivering to any county tax collector any check, draft, or
2812	other written order on any bank or depository for the payment of
2813	money or its equivalent for any tag, title, lien, tax (except ad
2814	valorem taxes), penalty, or fee relative to a boat, airplane,
2815	motor vehicle, driver license, or identification card; any
2816	occupational license, beverage license, or sales or use tax; or
2817	any hunting or fishing license, the county tax collector, after
2818	the exercise of due diligence to locate the person, firm, or
2819	corporation which drew, made, uttered, issued, or delivered the
2820	check, draft, or other written order for the payment of money,
2821	or to collect the same by the exercise of due diligence and
2822	prudence, shall swear out a complaint in the proper court
2823	against the person, firm, or corporation for the issuance of the
2824	worthless check or draft. If the state attorney cannot sign the
2825	information due to lack of proof, as determined by the state
2826	attorney in good faith, for a prima facie case in court, or, if
2827	the amount of the worthless check or draft is $150 or less, he
2828	or she shall issue a certificate so stating to the tax
2829	collector. If payment of the dishonored check, draft, or other
2830	written order, together with court costs expended, is not
2831	received in full by the county tax collector within 30 days
2832	after service of the warrant, 30 days after conviction, or 60
2833	days after the collector swears out the complaint or receives
2834	the certificate of the state attorney, whichever is first, the
2835	county tax collector shall make a written report to this effect
2836	to the Department of Highway Safety and Motor Vehicles relative
2837	to motor vehicles and vessels, to the Department of Revenue
2838	relative to occupational licenses and the sales and use tax, to
2839	the Division of Alcoholic Beverages and Tobacco of the
2840	Department of Business and Professional Regulation relative to
2841	beverage licenses, or to the Fish and Wildlife Conservation
2842	Commission relative to hunting and fishing licenses, containing
2843	a statement of the amount remaining unpaid on the worthless
2844	check or draft. If the information is not signed, the
2845	certificate of the state attorney is issued, and the written
2846	report of the amount remaining unpaid is made, the county tax
2847	collector may request the sum be forthwith refunded by the
2848	appropriate governmental entity, agency, or department. If a
2849	warrant has been issued and served, he or she shall certify to
2850	that effect, together with the court costs and amount remaining
2851	unpaid on the check. The county tax collector may request that
2852	the sum of money certified by him or her be forthwith refunded
2853	by the Department of Highway Safety and Motor Vehicles, the
2854	Department of Revenue, the Division of Alcoholic Beverages and
2855	Tobacco of the Department of Business and Professional
2856	Regulation, or the Fish and Wildlife Conservation Commission to
2857	the county tax collector. Within 30 days after receipt of the
2858	request, the Department of Highway Safety and Motor Vehicles,
2859	the Department of Revenue, the Division of Alcoholic Beverages
2860	and Tobacco of the Department of Business and Professional
2861	Regulation, or the Fish and Wildlife Conservation Commission,
2862	upon being satisfied as to the correctness of the certificate of
2863	the tax collector, or the report, shall refund to the county tax
2864	collector the sums of money so certified or reported. If any
2865	officer of any court issuing the warrant is unable to serve it
2866	within 60 days after the issuance and delivery of it to the
2867	officer for service, the officer shall make a written return to
2868	the county tax collector to this effect. Thereafter, the county
2869	tax collector may certify that the warrant has been issued and
2870	that service has not been had upon the defendant and further
2871	certify the amount of the worthless check or draft and the
2872	amount of court costs expended by the county tax collector, and
2873	the county tax collector may file the certificate with the
2874	Department of Highway Safety and Motor Vehicles relative to
2875	motor vehicles and vessels, with the Department of Revenue
2876	relative to occupational licenses and the sales and use tax,
2877	with the Division of Alcoholic Beverages and Tobacco of the
2878	Department of Business and Professional Regulation relative to
2879	beverage licenses, or with the Fish and Wildlife Conservation
2880	Commission relative to hunting and fishing licenses, together
2881	with a request that the sums of money so certified be forthwith
2882	refunded by the Department of Highway Safety and Motor Vehicles,
2883	the Department of Revenue, the Division of Alcoholic Beverages
2884	and Tobacco of the Department of Business and Professional
2885	Regulation, or the Fish and Wildlife Conservation Commission to
2886	the county tax collector, and within 30 days after receipt of
2887	the request, the Department of Highway Safety and Motor
2888	Vehicles, the Department of Revenue, the Division of Alcoholic
2889	Beverages and Tobacco of the Department of Business and
2890	Professional Regulation, or the Fish and Wildlife Conservation
2891	Commission, upon being satisfied as to the correctness of the
2892	certificate, shall refund the sums of money so certified to the
2893	county tax collector.
2894	Section 80.  Except as otherwise expressly provided in this
2895	act, this act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.