HB 1479

1	A bill to be entitled
2	An act relating to highway safety and motor vehicles;
3	terminating the DUI Programs Coordination Trust Fund;
4	providing for the disposition of the balances in and
5	revenues of the trust fund; prescribing procedures for
6	the termination of the trust fund; amending s. 17.61,
7	F.S.; removing the DUI Programs Coordination Trust
8	Fund from provisions requiring the Department of
9	Highway Safety and Motor Vehicles to retain moneys in
10	that fund for investment; amending s. 215.20, F.S.;
11	removing the DUI Programs Coordination Trust Fund from
12	the list of trust funds subject to a statutory service
13	charge; amending s. 316.126, F.S.; requiring drivers
14	of vehicles to behave in a specified fashion when
15	approaching emergency vehicles or wreckers; amending
16	s. 316.2085, F.S.; prohibiting a person under 16 years
17	of age from operating a motorcycle or moped; amending
18	s. 316.251, F.S.; conforming a cross-reference;
19	amending s. 318.18, F.S.; revising distribution of an
20	additional civil penalty for failure to comply with
21	the court's requirements or pay specified civil
22	penalties; amending s. 319.14, F.S.; prohibiting a
23	person from knowingly offering for sale, selling,
24	transferring, or exchanging certain vehicles until the
25	department has stamped in a conspicuous place on the
26	certificate of title words stating that the vehicle is
27	a custom vehicle or street rod vehicle; defining the
28	terms "custom vehicle" and "street rod vehicle";
29	providing that a person who does not make the required
30	disclosures commits a misdemeanor of the second
31	degree; providing penalties; amending s. 319.32, F.S.;
32	requiring that certain specified fees be charged for
33	certain vehicle inspections; amending s. 319.40, F.S.;
34	authorizing the department to issue an electronic
35	certificate of title in lieu of printing a paper
36	title; authorizing the department to collect and use
37	e-mail addresses in lieu of the United States Postal
38	Service to notify motor vehicle owners and
39	registrants; amending s. 320.023, F.S.; requiring that
40	voluntary contributions collected by the department be
41	deposited into and distributed from the Motor Vehicle
42	License Clearing Trust Fund; providing for the
43	implementation of a certain litigation settlement;
44	providing for eligibility and procedures to collect
45	the credit; providing for funding; providing for
46	expiration of the provision; amending s. 320.05, F.S.;
47	authorizing the department to provide public access to
48	the National Motor Vehicle Title Information System in
49	a specified manner; requiring the department to adopt
50	a fee schedule to provide for the public-access
51	service; amending s. 320.0607, F.S.; increasing fees
52	for certain license plates; amending s. 320.08, F.S.;
53	conforming a cross-reference; amending s. 320.08048,
54	F.S.; increasing fees for sample license plates;
55	amending s. 320.0863, F.S.; deleting definitions for
56	"custom vehicle" and "street rod" to conform to
57	changes made by the act; amending s. 320.203, F.S.;
58	providing for the disposition of biennial license tax
59	moneys; amending s. 320.27, F.S.; removing certain
60	information from the application form for motor
61	vehicle dealers; providing additional grounds for the
62	department to deny, suspend, or revoke a license
63	issued to a motor vehicle dealer; providing that an
64	insurer may cancel the surety bond of a motor vehicle
65	dealer by giving written notice of the cancellation to
66	the department; providing for an effective date of the
67	cancellation; requiring the department to revoke,
68	suspend, or deny the license issued to a motor vehicle
69	dealer if the dealer conducts business during the
70	license period without having in full force and effect
71	a surety bond that complies with the law; requiring
72	each motor vehicle dealer to deliver to the department
73	evidence of a new or continued garage liability
74	insurance policy; requiring certain policy limits;
75	requiring the department to notify the insurance
76	company of the licensee in writing if the license for
77	the motor vehicle dealer has been denied, suspended,
78	or revoked; requiring the insurance company to notify
79	the department of payment of a claim or cancellation
80	of insurance; requiring the department to revoke,
81	suspend, or deny the license issued to a motor vehicle
82	dealer if a dealer conducts business during the
83	license period without having in full force and effect
84	a liability insurance policy; amending s. 320.642,
85	F.S.; requiring the department to assess a licensee
86	fee and service charge in connection with establishing
87	an additional motor vehicle dealership or relocating
88	an existing dealership within a community or territory
89	where the same line-make vehicle is presently
90	represented by a franchised motor vehicle dealer or
91	dealers; amending s. 320.77, F.S.; providing that an
92	insurer may cancel the surety bond of a mobile home
93	dealer by giving written notice of the cancellation to
94	the department; providing for an effective date of the
95	cancellation; requiring the department to revoke,
96	suspend, or deny the license issued to a mobile home
97	dealer if the dealer conducts business during the
98	license period without having in full force and effect
99	a surety bond that complies with the law; requiring
100	each mobile home dealer to deliver to the department
101	evidence of a new or continued garage liability
102	insurance policy; requiring certain policy limits;
103	requiring the department to notify the insurance
104	company of the licensee in writing if the license for
105	the mobile home dealer has been denied, suspended, or
106	revoked; requiring the insurance company to notify the
107	department of payment of a claim or cancellation of
108	insurance; requiring the department to revoke,
109	suspend, or deny the license issued to a mobile home
110	dealer if a dealer conducts business during the
111	license period without having in full force and effect
112	a liability insurance policy; amending s. 320.95,
113	F.S.; authorizing the department to collect and use e-
114	mail addresses in lieu of the United States Postal
115	Service to notify motor vehicle owners and
116	registrants; amending s. 322.03, F.S.; removing an
117	exception to provisions requiring a person to
118	surrender a driver's license issued in another
119	jurisdiction to qualify for a driver's license in this
120	state; removing provisions for a driver's license
121	valid in Florida only; providing for part-time
122	residents of the state issued a license that is valid
123	within this state only to continue to hold such
124	license until the next regularly scheduled renewal;
125	providing a termination date for "Florida only"
126	licenses; amending s. 322.051, F.S.; revising
127	provisions for the issuance of a duplicate
128	identification card to provide for collection and
129	distribution of the fee under specified provisions;
130	amending s. 322.08, F.S.; prohibiting the department
131	from issuing a driver's license or identification card
132	to an applicant if the applicant holds a valid
133	driver's license or identification card issued by
134	another state; amending s. 322.095, F.S.; eliminating
135	the requirement that all instructors teaching in
136	traffic law and substance abuse education courses be
137	certified by the department; amending s. 322.201,
138	F.S.; providing that certain records of the department
139	or the clerk of the court are admissible in evidence
140	in all courts of the state; removing a requirement for
141	such certification; amending s. 322.22, F.S.;
142	authorizing the department to cancel identification
143	cards under certain conditions; requiring the
144	identification card holder to surrender the canceled
145	card; amending s. 322.2615, F.S.; eliminating the
146	requirement that a copy of the crash report be
147	submitted to the department within 5 days after
148	issuing the notice of suspension; defining the term
149	"lawful breath, blood, or urine test"; amending s.
150	322.27, F.S.; authorizing the department to suspend
151	the identification card of any person; providing the
152	grounds to suspend an identification card without
153	preliminary hearing under certain circumstances;
154	amending s. 322.271, F.S.; authorizing the department
155	to modify a revocation, cancellation, or suspension
156	order; providing that the department may waive the
157	hearing process for suspensions and revocations upon
158	request by the driver under certain circumstances;
159	amending s. 322.28, F.S.; providing for the period of
160	suspension or revocation of a license for certain DUI
161	offenses; providing for imposition when a person is
162	convicted of two offenses; amending s. 322.293, F.S.;
163	providing for the administration of the DUI programs
164	of the department; amending s. 322.64, F.S.; providing
165	for disqualification of a driver of a commercial motor
166	vehicle for certain violations; amending s. 328.30,
167	F.S.; providing that the department may issue an
168	electronic certificate of title for a vessel in lieu
169	of printing a paper title; authorizing the department
170	to collect and use e-mail addresses in lieu of the
171	United States Postal Service to notify vessel owners
172	and registrants; amending s. 328.72, F.S.; defining
173	the term "extended registration period"; providing for
174	registration fees for vessels; amending s. 328.80,
175	F.S.; providing that the department may accept any
176	vessel application by electronic or telephonic means;
177	authorizing the department to collect and use e-mail
178	addresses in lieu of the United States Postal Service
179	to notify vessel owners and registrants; providing an
180	effective date.
181
182	Be It Enacted by the Legislature of the State of Florida:
183
184	Section 1.  (1)  The DUI Programs Coordination Trust Fund
185	within the Department of Highway Safety and Motor Vehicles,
186	FLAIR number 76-2-172, is terminated.
187	(2)  All current balances remaining in, and all revenues
188	of, the trust fund shall be transferred to the Highway Safety
189	Operating Trust Fund within the Department of Highway Safety and
190	Motor Vehicles, FLAIR number 76-2-009.
191	(3)  The Department of Highway Safety and Motor Vehicles
192	shall pay any outstanding debts and obligations of the
193	terminated fund as soon as practicable and the Chief Financial
194	Officer shall close out and remove the terminated fund from the
195	various state accounting systems using generally accepted
196	accounting principles concerning warrants outstanding, assets,
197	and liabilities.
198	Section 2.  Paragraph (c) of subsection (3) of section
199	17.61, Florida Statutes, is amended to read:
200	17.61  Chief Financial Officer; powers and duties in the
201	investment of certain funds.--
202	(3)
203	(c)  Except as provided in this paragraph and except for
204	moneys described in paragraph (d), the following agencies shall
205	not invest trust fund moneys as provided in this section, but
206	shall retain such moneys in their respective trust funds for
207	investment, with interest appropriated to the General Revenue
208	Fund, pursuant to s. 17.57:
209	1.  The Agency for Health Care Administration, except for
210	the Tobacco Settlement Trust Fund.
211	2.  The Agency for Persons with Disabilities, except for:
212	a.  The Federal Grants Trust Fund.
213	b.  The Tobacco Settlement Trust Fund.
214	3.  The Department of Children and Family Services, except
215	for:
216	a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
217	b.  The Social Services Block Grant Trust Fund.
218	c.  The Tobacco Settlement Trust Fund.
219	d.  The Working Capital Trust Fund.
220	4.  The Department of Community Affairs, only for the
221	Operating Trust Fund.
222	5.  The Department of Corrections.
223	6.  The Department of Elderly Affairs, except for:
224	a.  The Federal Grants Trust Fund.
225	b.  The Tobacco Settlement Trust Fund.
226	7.  The Department of Health, except for:
227	a.  The Federal Grants Trust Fund.
228	b.  The Grants and Donations Trust Fund.
229	c.  The Maternal and Child Health Block Grant Trust Fund.
230	d.  The Tobacco Settlement Trust Fund.
231	8.  The Department of Highway Safety and Motor Vehicles,
232	only for:
233	a.  The DUI Programs Coordination Trust Fund.
234	b.  the Security Deposits Trust Fund.
235	9.  The Department of Juvenile Justice.
236	10.  The Department of Law Enforcement.
237	11.  The Department of Legal Affairs.
238	12.  The Department of State, only for:
239	a.  The Grants and Donations Trust Fund.
240	b.  The Records Management Trust Fund.
241	13.  The Executive Office of the Governor, only for:
242	a.  The Economic Development Transportation Trust Fund.
243	b.  The Economic Development Trust Fund.
244	14.  The Florida Public Service Commission, only for the
245	Florida Public Service Regulatory Trust Fund.
246	15.  The Justice Administrative Commission.
247	16.  The state courts system.
248	Section 3.  Subsection (4) of section 215.20, Florida
249	Statutes, is amended to read:
250	215.20  Certain income and certain trust funds to
251	contribute to the General Revenue Fund.--
252	(4)  The income of a revenue nature deposited in the
253	following described trust funds, by whatever name designated, is
254	that from which the appropriations authorized by subsection (3)
255	shall be made:
256	(a)  Within the Agency for Health Care Administration, the
257	Health Care Trust Fund.
258	(b)  Within the Agency for Workforce Innovation:
259	1.  The Employment Security Administration Trust Fund.
260	2.  The Special Employment Security Administration Trust
261	Fund.
262	(c)  Within the Department of Agriculture and Consumer
263	Services:
264	1.  The Conservation and Recreation Lands Program Trust
265	Fund.
266	2.  The General Inspection Trust Fund and subsidiary
267	accounts thereof, unless a different percentage is authorized by
268	s. 570.20.
269	3.  The Division of Licensing Trust Fund.
270	(d)  Within the Department of Business and Professional
271	Regulation:
272	1.  The Administrative Trust Fund.
273	2.  The Alcoholic Beverage and Tobacco Trust Fund.
274	3.  The Cigarette Tax Collection Trust Fund.
275	4.  The Division of Florida Condominiums, Timeshares, and
276	Mobile Homes Trust Fund.
277	5.  The Hotel and Restaurant Trust Fund, with the exception
278	of those fees collected for the purpose of funding of the
279	hospitality education program as stated in s. 509.302.
280	6.  The Professional Regulation Trust Fund.
281	7.  The trust funds administered by the Division of Pari-
282	mutuel Wagering.
283	(e)  Within the Department of Children and Family Services:
284	1.  The Administrative Trust Fund.
285	2.  The Child Welfare Training Trust Fund.
286	3.  The Domestic Violence Trust Fund.
287	4.  The Grants and Donations Trust Fund.
288	5.  The Operations and Maintenance Trust Fund.
289	(f)  Within the Department of Citrus, the Florida Citrus
290	Advertising Trust Fund, including transfers from any subsidiary
291	accounts thereof, unless a different percentage is authorized in
292	s. 601.15(7).
293	(g)  Within the Department of Community Affairs, the
294	Operating Trust Fund.
295	(h)  Within the Department of Education:
296	1.  The Educational Certification and Service Trust Fund.
297	2.  The Phosphate Research Trust Fund.
298	(i)  Within the Department of Elderly Affairs:
299	1.  The Administrative Trust Fund.
300	2.  The Federal Grants Trust Fund.
301	3.  The Grants and Donations Trust Fund.
302	4.  The Operations and Maintenance Trust Fund.
303	(j)  Within the Department of Environmental Protection:
304	1.  The Administrative Trust Fund.
305	2.  The Air Pollution Control Trust Fund.
306	3.  The Conservation and Recreation Lands Trust Fund.
307	4.  The Ecosystem Management and Restoration Trust Fund.
308	5.  The Environmental Laboratory Trust Fund.
309	6.  The Florida Coastal Protection Trust Fund.
310	7.  The Florida Permit Fee Trust Fund.
311	8.  The Grants and Donations Trust Fund.
312	9.  The Inland Protection Trust Fund.
313	10.  The Internal Improvement Trust Fund.
314	11.  The Land Acquisition Trust Fund.
315	12.  The Minerals Trust Fund.
316	13.  The Nonmandatory Land Reclamation Trust Fund.
317	14.  The State Park Trust Fund.
318	15.  The Water Quality Assurance Trust Fund.
319	16.  The Working Capital Trust Fund.
320	(k)  Within the Department of Financial Services:
321	1.  The Agents County Tax Trust Fund.
322	2.  The Insurance Regulatory Trust Fund.
323	3.  The Special Disability Trust Fund.
324	4.  The Workers' Compensation Administration Trust Fund.
325	(l)  Within the Department of Health:
326	1.  The Administrative Trust Fund.
327	2.  The Brain and Spinal Cord Injury Program Trust Fund.
328	3.  The Donations Trust Fund.
329	4.  The Emergency Medical Services Trust Fund.
330	5.  The Epilepsy Services Trust Fund.
331	6.  The Florida Drug, Device, and Cosmetic Trust Fund.
332	7.  The Grants and Donations Trust Fund.
333	8.  The Medical Quality Assurance Trust Fund.
334	9.  The Nursing Student Loan Forgiveness Trust Fund.
335	10.  The Planning and Evaluation Trust Fund.
336	11.  The Radiation Protection Trust Fund.
337	(m)  Within the Department of Highway Safety and Motor
338	Vehicles, the DUI Programs Coordination Trust Fund.
339	(m)(n)  Within the Department of Legal Affairs, the Crimes
340	Compensation Trust Fund.
341	(n)(o)  Within the Department of Management Services:
342	1.  The Administrative Trust Fund.
343	2.  The Architects Incidental Trust Fund.
344	3.  The Bureau of Aircraft Trust Fund.
345	4.  The Florida Facilities Pool Working Capital Trust Fund.
346	5.  The Grants and Donations Trust Fund.
347	6.  The Police and Firefighters' Premium Tax Trust Fund.
348	7.  The Public Employees Relations Commission Trust Fund.
349	8.  The State Personnel System Trust Fund.
350	9.  The Supervision Trust Fund.
351	10.  The Working Capital Trust Fund.
352	(o)(p)  Within the Department of Revenue:
353	1.  The Additional Court Cost Clearing Trust Fund.
354	2.  The Administrative Trust Fund.
355	3.  The Certification Program Trust Fund.
356	4.  The Fuel Tax Collection Trust Fund.
357	5.  The Local Alternative Fuel User Fee Clearing Trust
358	Fund.
359	6.  The Local Option Fuel Tax Trust Fund.
360	7.  The Motor Vehicle Rental Surcharge Clearing Trust Fund.
361	8.  The Motor Vehicle Warranty Trust Fund.
362	9.  The Oil and Gas Tax Trust Fund.
363	10.  The Operations Trust Fund.
364	11.  The Severance Tax Solid Mineral Trust Fund.
365	12.  The State Alternative Fuel User Fee Clearing Trust
366	Fund.
367	13.  All taxes levied on motor fuels other than gasoline
368	levied pursuant to the provisions of s. 206.87(1)(a).
369	(p)(q)  Within the Department of State:
370	1.  The Records Management Trust Fund.
371	2.  The trust funds administered by the Division of
372	Historical Resources.
373	(q)(r)  Within the Department of Transportation, all income
374	derived from outdoor advertising and overweight violations which
375	is deposited in the State Transportation Trust Fund.
376	(r)(s)  Within the Department of Veterans' Affairs:
377	1.  The Grants and Donations Trust Fund.
378	2.  The Operations and Maintenance Trust Fund.
379	3.  The State Homes for Veterans Trust Fund.
380	(s)(t)  Within the Division of Administrative Hearings, the
381	Administrative Trust Fund.
382	(t)(u)  Within the Fish and Wildlife Conservation
383	Commission:
384	1.  The Conservation and Recreation Lands Program Trust
385	Fund.
386	2.  The Florida Panther Research and Management Trust Fund.
387	3.  The Land Acquisition Trust Fund.
388	4.  The Marine Resources Conservation Trust Fund, with the
389	exception of those fees collected for recreational saltwater
390	fishing licenses as provided in s. 379.354.
391	(u)(v)  Within the Florida Public Service Commission, the
392	Florida Public Service Regulatory Trust Fund.
393	(v)(w)  Within the Justice Administrative Commission, the
394	Indigent Criminal Defense Trust Fund.
395	(w)(x)  Within the Office of Financial Regulation of the
396	Financial Services Commission:
397	1.  The Administrative Trust Fund.
398	2.  The Anti-Fraud Trust Fund.
399	3.  The Financial Institutions' Regulatory Trust Fund.
400	4.  The Regulatory Trust Fund.
401
402	The enumeration of the foregoing moneys or trust funds does
403	shall not prohibit the applicability of s. 215.24 should the
404	Governor determine that for the reasons mentioned in s. 215.24
405	the money or trust funds should be exempt herefrom, as it is the
406	purpose of this law to exempt income from its force and effect
407	when, by the operation of this law, federal matching funds or
408	contributions or private grants to any trust fund would be lost
409	to the state.
410	Section 4.  Subsection (1) of section 316.126, Florida
411	Statutes, is amended to read:
412	316.126  Operation of vehicles and actions of pedestrians
413	on approach of authorized emergency vehicle.--
414	(1)(a)  Upon the immediate approach of an authorized
415	emergency vehicle, while en route to meet an existing emergency,
416	the driver of every other vehicle shall, when such emergency
417	vehicle is giving audible signals by siren, exhaust whistle, or
418	other adequate device, or visible signals by the use of
419	displayed blue or red lights, yield the right-of-way to the
420	emergency vehicle and shall immediately proceed to a position
421	parallel to, and as close as reasonable to the closest edge of
422	the curb of the roadway, clear of any intersection and shall
423	stop and remain in position until the authorized emergency
424	vehicle has passed, unless otherwise directed by any law
425	enforcement officer.
426	(b)  When an authorized emergency vehicle making use of any
427	visual signals is parked or a wrecker displaying amber rotating
428	or flashing lights is performing a recovery or loading on the
429	roadside, the driver of every other vehicle, as soon as it is
430	safe:
431	1.  Shall vacate the lane closest to the emergency vehicle
432	or wrecker when driving on an interstate highway or other
433	highway with two or more lanes traveling in the direction of the
434	emergency vehicle or wrecker, except when otherwise directed by
435	a law enforcement officer. If such movement cannot be safely
436	accomplished, the driver shall reduce speed as provided in
437	subparagraph 2.
438	2.  Shall slow to a speed that is 20 miles per hour less
439	than the posted speed limit when the posted speed limit is 25
440	miles per hour or greater; or travel at 5 miles per hour when
441	the posted speed limit is 20 miles per hour or less, when
442	driving on a two-lane road, except when otherwise directed by a
443	law enforcement officer.
444	(c)  The Department of Highway Safety and Motor Vehicles
445	shall provide an educational awareness campaign informing the
446	motoring public about the Move Over Act. The department shall
447	provide information about the Move Over Act in all newly printed
448	driver's license educational materials after July 1, 2002.
449
450	This section does shall not relieve the driver of an authorized
451	emergency vehicle from the duty to drive with due regard for the
452	safety of all persons using the highway.
453	Section 5.  Subsection (6) of section 316.2085, Florida
454	Statutes, is amended to read:
455	316.2085  Riding on motorcycles or mopeds.--
456	(6)  A person under 16 years of age may not:
457	(a)  Operate a motorcycle or moped that has a motor with
458	more than 150 cubic centimeters displacement.
459	(b)  Rent a motorcycle or a moped.
460	Section 6.  Subsection (2) of section 316.251, Florida
461	Statutes, is amended to read:
462	316.251  Maximum bumper heights.--
463	(2)  "New motor vehicles" as defined in s. 319.001(9),
464	"antique automobiles" as defined in s. 320.08, "horseless
465	carriages" as defined in s. 320.086, and "street rods" as
466	defined in s. 319.14(1)(c) 320.0863 shall be excluded from the
467	requirements of this section.
468	Section 7.  Paragraph (a) of subsection (8) of section
469	318.18, Florida Statutes, is amended to read:
470	318.18  Amount of penalties.--The penalties required for a
471	noncriminal disposition pursuant to s. 318.14 or a criminal
472	offense listed in s. 318.17 are as follows:
473	(8)(a)  Any person who fails to comply with the court's
474	requirements or who fails to pay the civil penalties specified
475	in this section within the 30-day period provided for in s.
476	318.14 must pay an additional civil penalty of $16, $2.50 $6.50
477	of which must be remitted to the Department of Revenue for
478	deposit in the General Revenue Fund, and $13.50 $9.50 of which
479	must be remitted to the Department of Revenue for deposit in the
480	Highway Safety Operating Trust Fund. Of this additional civil
481	penalty of $16, $4 is not revenue for purposes of s. 28.36 and
482	may not be used in establishing the budget of the clerk of the
483	court under that section or s. 28.35. The department shall
484	contract with the Florida Association of Court Clerks, Inc., to
485	design, establish, operate, upgrade, and maintain an automated
486	statewide Uniform Traffic Citation Accounting System to be
487	operated by the clerks of the court which shall include, but not
488	be limited to, the accounting for traffic infractions by type, a
489	record of the disposition of the citations, and an accounting
490	system for the fines assessed and the subsequent fine amounts
491	paid to the clerks of the court. On or before December 1, 2001,
492	the clerks of the court must provide the information required by
493	this chapter to be transmitted to the department by electronic
494	transmission pursuant to the contract.
495	Section 8.  Section 319.14, Florida Statutes, is amended to
496	read:
497	319.14  Sale of motor vehicles registered or used as
498	taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
499	and nonconforming vehicles, custom vehicles, or street rod
500	vehicles.--
501	(1)(a)  A No person may not shall knowingly offer for sale,
502	sell, or exchange any vehicle that has been licensed,
503	registered, or used as a taxicab, police vehicle, or short-term-
504	lease vehicle, or a vehicle that has been repurchased by a
505	manufacturer pursuant to a settlement, determination, or
506	decision under chapter 681, until the department has stamped in
507	a conspicuous place on the certificate of title of the vehicle,
508	or its duplicate, words stating the nature of the previous use
509	of the vehicle or the title has been stamped "Manufacturer's Buy
510	Back" to reflect that the vehicle is a nonconforming vehicle. If
511	the certificate of title or duplicate was not so stamped upon
512	initial issuance thereof or if, subsequent to initial issuance
513	of the title, the use of the vehicle is changed to a use
514	requiring the notation provided for in this section, the owner
515	or lienholder of the vehicle shall surrender the certificate of
516	title or duplicate to the department before prior to offering
517	the vehicle for sale, and the department shall stamp the
518	certificate or duplicate as required herein. If When a vehicle
519	has been repurchased by a manufacturer pursuant to a settlement,
520	determination, or decision under chapter 681, the title shall be
521	stamped "Manufacturer's Buy Back" to reflect that the vehicle is
522	a nonconforming vehicle.
523	(b)  A No person may not shall knowingly offer for sale,
524	sell, or exchange a rebuilt vehicle until the department has
525	stamped in a conspicuous place on the certificate of title for
526	the vehicle words stating that the vehicle has been rebuilt or
527	assembled from parts, or is a kit car, glider kit, replica, or
528	flood vehicle, custom vehicle, or street rod vehicle unless
529	proper application for a certificate of title for a vehicle that
530	is rebuilt or assembled from parts, or is a kit car, glider kit,
531	replica, or flood vehicle, custom vehicle, or street rod vehicle
532	has been made to the department in accordance with this chapter
533	and the department has conducted the physical examination of the
534	vehicle to assure the identity of the vehicle and all major
535	component parts, as defined in s. 319.30(1), which have been
536	repaired or replaced. Thereafter, the department shall affix a
537	decal to the vehicle, in the manner prescribed by the
538	department, showing the vehicle to be rebuilt.
539	(c)  As used in this section, the term:
540	1.  "Police vehicle" means a motor vehicle owned or leased
541	by the state or a county or municipality and used in law
542	enforcement.
543	2.a.  "Short-term-lease vehicle" means a motor vehicle
544	leased without a driver and under a written agreement to one or
545	more persons from time to time for a period of less than 12
546	months.
547	b.  "Long-term-lease vehicle" means a motor vehicle leased
548	without a driver and under a written agreement to one person for
549	a period of 12 months or longer.
550	c.  "Lease vehicle" includes both short-term-lease vehicles
551	and long-term-lease vehicles.
552	3.  "Rebuilt vehicle" means a motor vehicle or mobile home
553	built from salvage or junk, as defined in s. 319.30(1).
554	4.  "Assembled from parts" means a motor vehicle or mobile
555	home assembled from parts or combined from parts of motor
556	vehicles or mobile homes, new or used. "Assembled from parts"
557	does not mean a motor vehicle defined as a "rebuilt vehicle" in
558	subparagraph 3., which has been declared a total loss pursuant
559	to s. 319.30.
560	5.  "Kit car" means a motor vehicle assembled with a kit
561	supplied by a manufacturer to rebuild a wrecked or outdated
562	motor vehicle with a new body kit.
563	6.  "Glider kit" means a vehicle assembled with a kit
564	supplied by a manufacturer to rebuild a wrecked or outdated
565	truck or truck tractor.
566	7.  "Replica" means a complete new motor vehicle
567	manufactured to look like an old vehicle.
568	8.  "Flood vehicle" means a motor vehicle or mobile home
569	that has been declared to be a total loss pursuant to s.
570	319.30(3)(a) resulting from damage caused by water.
571	9.  "Nonconforming vehicle" means a motor vehicle which has
572	been purchased by a manufacturer pursuant to a settlement,
573	determination, or decision under chapter 681.
574	10.  "Settlement" means an agreement entered into between a
575	manufacturer and a consumer that occurs after a dispute is
576	submitted to a program, or an informal dispute settlement
577	procedure established by a manufacturer or is approved for
578	arbitration before the New Motor Vehicle Arbitration Board as
579	defined in s. 681.102.
580	11.  "Custom vehicle" means a motor vehicle that:
581	a.  Is 25 years of age or older and of a model year after
582	1948, or was manufactured to resemble a vehicle that is 25 years
583	of age or older and of a model year after 1948; and
584	b.  Has been altered from the manufacturer's original
585	design or has a body constructed from nonoriginal materials.
586
587	The model year and year of manufacture which the body of a
588	custom vehicle resembles is the model year and year of
589	manufacture listed on the certificate of title, regardless of
590	when the vehicle was actually manufactured.
591	12.  "Street rod" means a motor vehicle that:
592	a.  Is a model year of 1948 or older or was manufactured
593	after 1948 to resemble a vehicle of a model year of 1948 or
594	older; and
595	b.  Has been altered from the manufacturer's original
596	design or has a body constructed from nonoriginal materials.
597
598	The model year and year of manufacture which the body of a
599	street rod resembles is the model year and year of manufacture
600	listed on the certificate of title, regardless of when the
601	vehicle was actually manufactured.
602	(2)  A No person may not shall knowingly sell, exchange, or
603	transfer a vehicle referred to in subsection (1) without, before
604	prior to consummating the sale, exchange, or transfer,
605	disclosing in writing to the purchaser, customer, or transferee
606	the fact that the vehicle has previously been titled,
607	registered, or used as a taxicab, police vehicle, or short-term-
608	lease vehicle, or is a vehicle that is rebuilt or assembled from
609	parts, or is a kit car, glider kit, replica, or flood vehicle,
610	or is a nonconforming vehicle, custom vehicle, or street rod
611	vehicle, as the case may be.
612	(3)  Any person who, with intent to offer for sale or
613	exchange any vehicle referred to in subsection (1), knowingly or
614	intentionally advertises, publishes, disseminates, circulates,
615	or places before the public in any communications medium,
616	whether directly or indirectly, any offer to sell or exchange
617	the vehicle shall clearly and precisely state in each such offer
618	that the vehicle has previously been titled, registered, or used
619	as a taxicab, police vehicle, or short-term-lease vehicle or
620	that the vehicle or mobile home is a vehicle that is rebuilt or
621	assembled from parts, or is a kit car, glider kit, replica, or
622	flood vehicle, or is a nonconforming vehicle, custom vehicle, or
623	street rod vehicle, as the case may be. Any person who violates
624	this subsection commits a misdemeanor of the second degree,
625	punishable as provided in s. 775.082 or s. 775.083.
626	(4)  If When a certificate of title, including a foreign
627	certificate, is branded to reflect a condition or prior use of
628	the titled vehicle, the brand must be noted on the registration
629	certificate of the vehicle and such brand shall be carried
630	forward on all subsequent certificates of title and registration
631	certificates issued for the life of the vehicle.
632	(5)  Any person who knowingly sells, exchanges, or offers
633	to sell or exchange a motor vehicle or mobile home contrary to
634	the provisions of this section or any officer, agent, or
635	employee of a person who knowingly authorizes, directs, aids in,
636	or consents to the sale, exchange, or offer to sell or exchange
637	a motor vehicle or mobile home contrary to the provisions of
638	this section commits a misdemeanor of the second degree,
639	punishable as provided in s. 775.082 or s. 775.083.
640	(6)  Any person who removes a rebuilt decal from a rebuilt
641	vehicle with the intent to conceal the rebuilt status of the
642	vehicle commits a felony of the third degree, punishable as
643	provided in s. 775.082, s. 775.083, or s. 775.084.
644	(7)  This section applies to a mobile home, travel trailer,
645	camping trailer, truck camper, or fifth-wheel recreation trailer
646	only when the such mobile home or vehicle is a rebuilt vehicle
647	or is assembled from parts.
648	(8)  A No person is not shall be liable or accountable in
649	any civil action arising out of a violation of this section if
650	the designation of the previous use or condition of the motor
651	vehicle is not noted on the certificate of title and
652	registration certificate of the vehicle which was received by,
653	or delivered to, such person, unless the such person has
654	actively concealed the prior use or condition of the vehicle
655	from the purchaser.
656	(9)  Subsections (1), (2), and (3) do not apply to the
657	transfer of ownership of a motor vehicle after the motor vehicle
658	has ceased to be used as a lease vehicle and the ownership has
659	been transferred to an owner for private use or to the transfer
660	of ownership of a nonconforming vehicle with 36,000 or more
661	miles on its odometer, or 34 months whichever is later and the
662	ownership has been transferred to an owner for private use. Such
663	owner, as shown on the title certificate, may request the
664	department to issue a corrected certificate of title that does
665	not contain the statement of the previous use of the vehicle as
666	a lease vehicle or condition as a nonconforming vehicle.
667	Section 9.  Subsection (1) of section 319.32, Florida
668	Statutes, is amended to read:
669	319.32  Fees; service charges; disposition.--
670	(1)  The department shall charge a fee of $24 for each
671	original certificate of title except for a certificate of title
672	for a motor vehicle for hire registered under s. 320.08(6), for
673	which the title fee shall be $3, $24 for each duplicate copy of
674	a certificate of title except for a certificate of title for a
675	motor vehicle for hire registered under s. 320.08(6), for which
676	the title fee shall be $3, $2 for each salvage certificate of
677	title, and $3 for each assignment by a lienholder. The
678	department It shall also charge a fee of $2 for noting a lien on
679	a title certificate, which fee shall include the services for
680	the subsequent issuance of a corrected certificate or
681	cancellation of lien when that lien is satisfied. If an
682	application for a certificate of title is for a vehicle that is
683	required to have a physical examination as defined in s.
684	319.14(1) rebuilt vehicle, the department shall charge an
685	additional fee of $40 for each initial inspection and $20 for
686	each subsequent inspection. The physical examination of the
687	vehicle must include, but need not be limited to, verification
688	of the vehicle identification number and verification of the
689	bill of sale or title for major components conducting a physical
690	examination of the vehicle to assure its identity. In addition
691	to all other fees charged, a sum of $1 shall be paid for the
692	issuance of an original or duplicate certificate of title to
693	cover the cost of materials used for security purposes.
694	Section 10.  Section 319.40, Florida Statutes, is amended
695	to read:
696	319.40  Transactions by electronic or telephonic means.--
697	(1)  The department is authorized to accept any application
698	provided for under this chapter by electronic or telephonic
699	means.
700	(2)  The department may issue an electronic certificate of
701	title in lieu of printing a paper title.
702	(3)  The department may collect and use e-mail addresses of
703	motor vehicle owners and registrants as a notification method in
704	lieu of the United States Postal Service.
705	Section 11.  Paragraph (c) of subsection (5) of section
706	320.023, Florida Statutes, is amended to read:
707	320.023  Requests to establish voluntary checkoff on motor
708	vehicle registration application.--
709	(5)  A voluntary contribution collected and distributed
710	under this chapter, or any interest earned from those
711	contributions, may not be used for commercial or for-profit
712	activities nor for general or administrative expenses, except as
713	authorized by law.
714	(c)  Any voluntary contributions authorized by law must be
715	deposited into and distributed from the Motor Vehicle License
716	Clearing Trust Fund shall only be distributed to an organization
717	under an appropriation by the Legislature.
718	Section 12.  Implementation of litigation settlement
719	provisions of Collier v. Dickinson.--
720	(1)  Any person who held a driver's license, identification
721	card, or motor vehicle registration that was valid between June
722	1, 2000, and September 30, 2004, is eligible to receive a single
723	$1 credit on a new or renewed motor vehicle registration between
724	July 1, 2009, and June 30, 2010.
725	(2)  The revenue generated by s. 320.08046, Florida
726	Statutes, and deposited into the General Revenue Fund shall fund
727	the $1 credit.
728	(3)  This section expires July 1, 2011.
729	Section 13.  Present subsection (5) of section 320.05,
730	Florida Statutes, is redesignated as subsection (6), and a new
731	subsection (5) is added to that section, to read:
732	320.05  Records of the department; inspection procedure;
733	lists and searches; fees.--
734	(5)  The department may provide public access to the
735	National Motor Vehicle Title Information System via an
736	authorized connection with the American Association of Motor
737	Vehicle Administrators in order to access out-of-state motor
738	vehicle records. The department shall adopt a fee schedule to
739	provide for the public-access service, which may not exceed the
740	actual cost of providing the service.
741	Section 14.  Subsections (3) and (5) of section 320.0607,
742	Florida Statutes, are amended to read:
743	320.0607  Replacement license plates, validation decal, or
744	mobile home sticker.--
745	(3)  Except as provided in subsection (2), in all such
746	cases, upon filing of an application accompanied by a fee of $12
747	$10 plus applicable service charges, the department shall issue
748	a replacement plate, sticker, or decal as the case may be if it
749	is satisfied that the information reported in the application is
750	true. The replacement fee shall be deposited into the Highway
751	Safety Operating Trust Fund.
752	(5)  Upon the issuance of an original license plate, the
753	applicant shall pay a fee of $12 $10 to be deposited in the
754	Highway Safety Operating Trust Fund.
755	Section 15.  Paragraph (a) of subsection (2) of section
756	320.08, Florida Statutes, is amended to read:
757	320.08  License taxes.--Except as otherwise provided
758	herein, there are hereby levied and imposed annual license taxes
759	for the operation of motor vehicles, mopeds, motorized bicycles
760	as defined in s. 316.003(2), and mobile homes, as defined in s.
761	320.01, which shall be paid to and collected by the department
762	or its agent upon the registration or renewal of registration of
763	the following:
764	(2)  AUTOMOBILES FOR PRIVATE USE.--
765	(a)  An ancient or antique automobile, as defined in s.
766	320.086, or a street rod, as defined in s. 319.14(1)(c)
767	320.0863: $7.50 flat.
768	Section 16.  Subsection (1) of section 320.08048, Florida
769	Statutes, is amended to read:
770	320.08048  Sample license plates.--
771	(1)  The department is authorized, upon application and
772	payment of a $12 $10 fee per plate, to provide one or more
773	sample regular issuance license plates or specialty license
774	plates based upon availability.
775	Section 17.  Section 320.0863, Florida Statutes, is amended
776	to read:
777	320.0863  Custom vehicles and street rods; registration and
778	license plates.--
779	(1)  As used in this section, the term:
780	(a)  "blue dot tail light" means a red lamp that contains a
781	blue or purple insert that is not more than one inch in diameter
782	and is installed in the rear of a motor vehicle.
783	(b)  "Custom vehicle" means a motor vehicle that:
784	1.  Is 25 years old or older and of a model year after 1948
785	or was manufactured to resemble a vehicle that is 25 years old
786	or older and of a model year after 1948; and
787	2.  Has been altered from the manufacturer's original
788	design or has a body constructed from nonoriginal materials.
789	(c)  "Street rod" means a motor vehicle that:
790	1.  Is of a model year of 1948 or older or was manufactured
791	after 1948 to resemble a vehicle of a model year of 1948 or
792	older; and
793	2.  Has been altered from the manufacturer's original
794	design or has a body constructed from nonoriginal materials.
795	(2)  The model year and year of manufacture which the body
796	of a custom vehicle or street rod resembles is the model year
797	and year of manufacture listed on the certificate of title,
798	regardless of when the vehicle was actually manufactured.
799	(2)(3)  To register a street rod or custom vehicle as
800	defined in s. 319.14(1)(c), the owner shall apply to the
801	department by submitting a completed application form and
802	providing:
803	(a)  The license tax prescribed by s. 320.08(2)(a) and a
804	processing fee of $3;
805	(b)  A written statement that the vehicle will not be used
806	for general daily transportation but will be maintained for
807	occasional transportation, exhibitions, club activities,
808	parades, tours, or other functions of public interest and
809	similar uses; and
810	(c)  A written statement that the vehicle meets state
811	equipment and safety requirements for motor vehicles. However,
812	the vehicle must meet only the requirements that were in effect
813	in this state as a condition of sale in the year listed as the
814	model year on the certificate of title.
815	(3)(4)  The registration numbers and special license plates
816	assigned to such vehicles shall run in a separate series,
817	commencing with "Custom Vehicle 1" or "Street Rod 1,"
818	respectively, and the plates shall be of a distinguishing color
819	and design.
820	(4)(5)(a)  A vehicle registered under this section is
821	exempt from any law or local ordinance that requires periodic
822	vehicle inspections or the use and inspection of emission
823	controls.
824	(b)  Such vehicle may also be equipped with blue dot tail
825	lights for stop lamps, rear turning indicator lamps, rear hazard
826	lamps, and rear reflectors.
827	Section 18.  Subsection (1) of section 320.203, Florida
828	Statutes, is amended to read:
829	320.203  Disposition of biennial license tax moneys.--
830	(1)  Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or
831	(b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76
832	and pursuant to s. 216.351, after the provisions of s.
833	320.20(1), (2), (3), and (4), and (5) are fulfilled, an amount
834	equal to 50 percent of revenues collected from the biennial
835	registrations created in s. 320.07 shall be retained in the
836	Motor Vehicle License Clearing Trust Fund, authorized in s.
837	215.32(2)(b)2.f., until July 1. After July 1 of the subsequent
838	fiscal year, an amount equal to 50 percent of revenues collected
839	from the biennial registrations created in s. 320.07 shall be
840	distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b),
841	(6), (7), (8), (9), (10), or (11), 320.08058, 328.76, and
842	320.20(1), (2), (3), and (4), and (5).
843	Section 19.  Present subsections (3) and (9) through (14)
844	of section 320.27, Florida Statutes, are amended, and a new
845	subsection (11) is added to that section, to read:
846	320.27  Motor vehicle dealers.--
847	(3)  APPLICATION AND FEE.--The application for the license
848	shall be in such form as may be prescribed by the department and
849	shall be subject to such rules with respect thereto as may be so
850	prescribed by it. Such application shall be verified by oath or
851	affirmation and shall contain a full statement of the name and
852	birth date of the person or persons applying therefor; the name
853	of the firm or copartnership, with the names and places of
854	residence of all members thereof, if such applicant is a firm or
855	copartnership; the names and places of residence of the
856	principal officers, if the applicant is a body corporate or
857	other artificial body; the name of the state under whose laws
858	the corporation is organized; the present and former place or
859	places of residence of the applicant; and prior business in
860	which the applicant has been engaged and the location thereof.
861	Such application shall describe the exact location of the place
862	of business and shall state whether the place of business is
863	owned by the applicant and when acquired, or, if leased, a true
864	copy of the lease shall be attached to the application. The
865	applicant shall certify that the location provides an adequately
866	equipped office and is not a residence; that the location
867	affords sufficient unoccupied space upon and within which
868	adequately to store all motor vehicles offered and displayed for
869	sale; and that the location is a suitable place where the
870	applicant can in good faith carry on such business and keep and
871	maintain books, records, and files necessary to conduct such
872	business, which will be available at all reasonable hours to
873	inspection by the department or any of its inspectors or other
874	employees. The applicant shall certify that the business of a
875	motor vehicle dealer is the principal business which shall be
876	conducted at that location. Such application shall contain a
877	statement that the applicant is either franchised by a
878	manufacturer of motor vehicles, in which case the name of each
879	motor vehicle that the applicant is franchised to sell shall be
880	included, or an independent (nonfranchised) motor vehicle
881	dealer. Such application shall contain such other relevant
882	information as may be required by the department, including
883	evidence that the applicant is insured under a garage liability
884	insurance policy or a general liability insurance policy coupled
885	with a business automobile policy, which shall include, at a
886	minimum, $25,000 combined single-limit liability coverage
887	including bodily injury and property damage protection and
888	$10,000 personal injury protection. Franchise dealers must
889	submit a garage liability insurance policy, and all other
890	dealers must submit a garage liability insurance policy or a
891	general liability insurance policy coupled with a business
892	automobile policy. Such policy shall be for the license period,
893	and evidence of a new or continued policy shall be delivered to
894	the department at the beginning of each license period. Upon
895	making initial application, the applicant shall pay to the
896	department a fee of $300 in addition to any other fees now
897	required by law; upon making a subsequent renewal application,
898	the applicant shall pay to the department a fee of $75 in
899	addition to any other fees now required by law. Upon making an
900	application for a change of location, the person shall pay a fee
901	of $50 in addition to any other fees now required by law. The
902	department shall, in the case of every application for initial
903	licensure, verify whether certain facts set forth in the
904	application are true. Each applicant, general partner in the
905	case of a partnership, or corporate officer and director in the
906	case of a corporate applicant, must file a set of fingerprints
907	with the department for the purpose of determining any prior
908	criminal record or any outstanding warrants. The department
909	shall submit the fingerprints to the Department of Law
910	Enforcement for state processing and forwarding to the Federal
911	Bureau of Investigation for federal processing. The actual cost
912	of state and federal processing shall be borne by the applicant
913	and is in addition to the fee for licensure. The department may
914	issue a license to an applicant pending the results of the
915	fingerprint investigation, which license is fully revocable if
916	the department subsequently determines that any facts set forth
917	in the application are not true or correctly represented.
918	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
919	(a)  The department may deny, suspend, or revoke any
920	license issued under this section, hereunder or under the
921	provisions of s. 320.77 or s. 320.771, upon proof that a
922	licensee has committed any of the following activities:
923	1.  Commission of fraud or willful misrepresentation in
924	application for or in obtaining a license.
925	2.  Conviction of a felony.
926	3.  Failure to honor a bank draft or check given to a motor
927	vehicle dealer for the purchase of a motor vehicle by another
928	motor vehicle dealer within 10 days after notification that the
929	bank draft or check has been dishonored. If the transaction is
930	disputed, the maker of the bank draft or check shall post a bond
931	in accordance with the provisions of s. 559.917, and a no
932	proceeding for revocation or suspension may not shall be
933	commenced until the dispute is resolved.
934	4.  Failure to honor a bank draft or check given to the
935	department for payment of any fees within 10 days after
936	notification that the bank draft or check has been dishonored.
937	If the transaction is disputed, the maker of the bank draft or
938	check shall post a bond in accordance with s. 559.917, and a
939	proceeding for revocation or suspension may not be commenced
940	until the dispute is resolved.
941	(b)  The department may deny, suspend, or revoke any
942	license issued hereunder or under the provisions of s. 320.77 or
943	s. 320.771 upon proof that a licensee has committed, with
944	sufficient frequency so as to establish a pattern of wrongdoing
945	on the part of a licensee, violations of one or more of the
946	following activities:
947	1.  Representation that a demonstrator is a new motor
948	vehicle, or the attempt to sell or the sale of a demonstrator as
949	a new motor vehicle without written notice to the purchaser that
950	the vehicle is a demonstrator. For the purposes of this section,
951	the terms a "demonstrator," a "new motor vehicle," and a "used
952	motor vehicle" have the same meaning shall be defined as in
953	under s. 320.60.
954	2.  Unjustifiable refusal to comply with a licensee's
955	responsibility under the terms of the new motor vehicle warranty
956	issued by its respective manufacturer, distributor, or importer.
957	However, if such refusal is at the direction of the
958	manufacturer, distributor, or importer, such refusal may shall
959	not be a ground under this section.
960	3.  Misrepresentation or false, deceptive, or misleading
961	statements with regard to the sale or financing of motor
962	vehicles which any motor vehicle dealer has, or causes to have,
963	advertised, printed, displayed, published, distributed,
964	broadcast, televised, or made in any manner with regard to the
965	sale or financing of motor vehicles.
966	4.  Failure by any motor vehicle dealer to provide a
967	customer or purchaser with an odometer disclosure statement and
968	a copy of any bona fide written, executed sales contract or
969	agreement of purchase connected with the purchase of the motor
970	vehicle purchased by the customer or purchaser.
971	5.  Failure of any motor vehicle dealer to comply with the
972	terms of any bona fide written, executed agreement, pursuant to
973	the sale of a motor vehicle.
974	6.  Failure to apply for transfer of a title as prescribed
975	in s. 319.23(6).
976	7.  Use of the dealer license identification number by any
977	person other than the licensed dealer or his or her designee.
978	8.  Failure to continually meet the requirements of the
979	licensure law.
980	9.  Representation to a customer or any advertisement to
981	the public representing or suggesting that a motor vehicle is a
982	new motor vehicle if the such vehicle lawfully cannot be titled
983	in the name of the customer or other member of the public by the
984	seller using a manufacturer's statement of origin as permitted
985	in s. 319.23(1).
986	10.  Requirement by any motor vehicle dealer that a
987	customer or purchaser accept equipment on his or her motor
988	vehicle which was not ordered by the customer or purchaser.
989	11.  Requirement by any motor vehicle dealer that any
990	customer or purchaser finance a motor vehicle with a specific
991	financial institution or company.
992	12.  Requirement by any motor vehicle dealer that the
993	purchaser of a motor vehicle contract with the dealer for
994	physical damage insurance.
995	13.  Perpetration of a fraud upon any person as a result of
996	dealing in motor vehicles, including, without limitation, the
997	misrepresentation to any person by the licensee of the
998	licensee's relationship to any manufacturer, importer, or
999	distributor.
1000	14.  Violation of any of the provisions of s. 319.35 by any
1001	motor vehicle dealer.
1002	15.  Sale by a motor vehicle dealer of a vehicle offered in
1003	trade by a customer before prior to consummation of the sale,
1004	exchange, or transfer of a newly acquired vehicle to the
1005	customer, unless the customer provides written authorization for
1006	the sale of the trade-in vehicle before prior to delivery of the
1007	newly acquired vehicle.
1008	16.  Willful failure to comply with any administrative rule
1009	adopted by the department or the provisions of s. 320.131(8).
1010	17.  Violation of chapter 319, this chapter, or ss.
1011	559.901-559.9221, which has to do with dealing in or repairing
1012	motor vehicles or mobile homes. Additionally, in the case of
1013	used motor vehicles, the willful violation of the federal law
1014	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1015	the consumer sales window form.
1016	18.  Failure to maintain evidence of notification to the
1017	owner or coowner of a vehicle regarding registration or titling
1018	fees owed as required in s. 320.02(16).
1019	19.  Failure to register a mobile home salesperson with the
1020	department as required by this section.
1021	20.  Failure to obtain an off-premises permit as required
1022	in subsection (5).
1023	(c)  If When a motor vehicle dealer is convicted of a crime
1024	which results in his or her being prohibited from continuing in
1025	that capacity, the dealer may not continue in any capacity
1026	within the industry. The offender shall have no financial
1027	interest, management, sales, or other role in the operation of a
1028	dealership. Further, the offender may not derive income from the
1029	dealership beyond reasonable compensation for the sale of his or
1030	her ownership interest in the business.
1031	(10)  SURETY BOND OR IRREVOCABLE LETTER OF CREDIT
1032	REQUIRED.--
1033	(a)  Annually, before any license is shall be issued to a
1034	motor vehicle dealer, the applicant-dealer of new or used motor
1035	vehicles shall deliver to the department a good and sufficient
1036	surety bond or irrevocable letter of credit, executed by the
1037	applicant-dealer as principal, in the sum of $25,000.
1038	(b)  Surety bonds and irrevocable letters of credit must
1039	shall be in a form to be approved by the department and shall be
1040	conditioned that the motor vehicle dealer shall comply with the
1041	conditions of any written contract made by the such dealer in
1042	connection with the sale or exchange of any motor vehicle and
1043	shall not violate any of the provisions of chapter 319 and this
1044	chapter in the conduct of the business for which the dealer is
1045	licensed. Such bonds and letters of credit shall be to the
1046	department and in favor of any person in a retail or wholesale
1047	transaction who shall suffer any loss as a result of any
1048	violation of the conditions hereinabove contained. If When the
1049	department determines that a person has incurred a loss as a
1050	result of a violation of chapter 319 or this chapter, it shall
1051	notify the person in writing of the existence of the bond or
1052	letter of credit. Such bonds and letters of credit shall be for
1053	the license period, and a new bond or letter of credit or a
1054	proper continuation certificate shall be delivered to the
1055	department at the beginning of each license period. However, the
1056	aggregate liability of the surety in any one year shall in no
1057	event exceed the sum of the bond or, in the case of a letter of
1058	credit, the aggregate liability of the issuing bank may shall
1059	not exceed the sum of the credit.
1060	(c)  Surety bonds must shall be executed by a surety
1061	company authorized to do business in the state as surety, and
1062	irrevocable letters of credit shall be issued by a bank
1063	authorized to do business in the state as a bank.
1064	(d)  Irrevocable letters of credit shall be engaged by a
1065	bank as an agreement to honor demands for payment as specified
1066	in this section.
1067	(e)  The department shall, upon denial, suspension, or
1068	revocation of any license, notify the surety company of the
1069	licensee, or bank issuing an irrevocable letter of credit for
1070	the licensee, in writing, that the license has been denied,
1071	suspended, or revoked and shall state the reason for such
1072	denial, suspension, or revocation.
1073	(f)  Any surety company which pays any claim against the
1074	bond of any licensee or any bank which honors a demand for
1075	payment as a condition specified in a letter of credit of a
1076	licensee shall notify the department in writing that such action
1077	has been taken and shall state the amount of the claim or
1078	payment.
1079	(g)  Any surety company which cancels the bond of any
1080	licensee or any bank which cancels an irrevocable letter of
1081	credit shall notify the department in writing of such
1082	cancellation, giving reason for the cancellation. The insurer
1083	may cancel the surety bond by giving written notice of the
1084	cancellation to the department. The cancellation of the surety
1085	bond is effective no earlier than 30 days after the notice is
1086	received by the department.
1087	(h)  The department shall revoke, suspend, or deny a
1088	dealer's license issued under this chapter if the dealer
1089	conducts business during the license period without having in
1090	full force and effect a surety bond that complies with this
1091	subsection.
1092	(11)  LIABILITY INSURANCE REQUIRED.--
1093	(a)  Annually, before any license is issued to a franchised
1094	motor vehicle dealer, the applicant for the dealer's license
1095	shall deliver to the department evidence of a new or continued
1096	garage liability insurance policy, executed by the applicant as
1097	principal, which includes, at a minimum, $25,000 combined
1098	single-limit liability coverage, including bodily injury and
1099	property damage protection, and $10,000 personal injury
1100	protection. The policy must cover the period of the issued
1101	license.
1102	(b)  Annually, before any license is issued to any other
1103	motor vehicle dealer not included in paragraph (a), the
1104	applicant shall deliver to the department evidence of a new or
1105	continued garage liability insurance policy, or general
1106	liability insurance policy, coupled with a business automobile
1107	policy executed by the applicant as principal, which includes,
1108	at a minimum, $25,000 combined single-limit liability coverage,
1109	including bodily injury and property damage protection, and
1110	$10,000 personal injury protection. The policy must cover the
1111	period of the issued license.
1112	(c)  The insurance requirements set forth in paragraphs (a)
1113	and (b) must be in a form approved by the department and must be
1114	conditioned on the motor vehicle dealer complying with the
1115	conditions of any written contract made by the dealer in
1116	connection with the sale or exchange of any recreational vehicle
1117	and not violating any provision of chapter 319 or this chapter
1118	in the conduct of the business for which the dealer is licensed.
1119	Such evidence of liability insurance shall be to the department
1120	and in favor of any person in a retail or wholesale transaction
1121	who suffers any loss as a result of a violation of this section.
1122	If the department determines that a person has incurred a loss
1123	as a result of a violation of chapter 319 or this chapter, the
1124	department shall notify the person in writing of the existence
1125	of the garage liability insurance.
1126	(d)  The liability insurance shall be executed by an
1127	insurance company authorized to do business in the state.
1128	(e)  The department shall, upon denial, suspension, or
1129	revocation of any license, notify the insurance company of the
1130	licensee in writing that the license has been denied, suspended,
1131	or revoked and state the reason for the denial, suspension, or
1132	revocation.
1133	(f)  An insurance company that pays any claim against the
1134	bond of any licensee shall notify the department in writing that
1135	such action has been taken and state the amount of the claim or
1136	payment.
1137	(g)  An insurance company that cancels the insurance of any
1138	licensee shall notify the department in writing of such
1139	cancellation, giving reason for the cancellation. The insurance
1140	company may cancel the liability insurance by giving written
1141	notice of the cancellation to the department. The cancellation
1142	of the liability insurance is effective no earlier than 30 days
1143	after the notice is received by the department.
1144	(h)  The department shall revoke, suspend, or deny a
1145	dealer's license issued under this chapter if the dealer
1146	conducts business during the license period without having in
1147	full force and effect liability insurance that complies with
1148	this subsection.
1149	(12)(11)  INJUNCTION.--In addition to the remedies provided
1150	in this chapter and notwithstanding the existence of any
1151	adequate remedy at law, the department may apply is authorized
1152	to make application to any circuit court of the state, and such
1153	circuit court shall have jurisdiction, upon a hearing and for
1154	cause shown, to grant a temporary or permanent injunction, or
1155	both, restraining any person from acting as a motor vehicle
1156	dealer under the terms of this section without being properly
1157	licensed hereunder, from violating or continuing to violate any
1158	of the provisions of chapter 319, this chapter, or ss. 559.901-
1159	559.9221, or for failing or refusing to comply with the
1160	requirements of chapter 319, this chapter, or ss. 559.901-
1161	559.9221, or any rule or regulation adopted thereunder, such
1162	injunction to be issued without bond. A single act in violation
1163	of the provisions of chapter 319, this chapter, or chapter 559
1164	is shall be sufficient to authorize the issuance of an
1165	injunction.
1166	(13)(12)  CIVIL FINES; PROCEDURE.--In addition to the
1167	exercise of other powers provided in this section, the
1168	department may levy and collect a civil fine, in an amount not
1169	to exceed $1,000 for each violation, against any licensee if it
1170	finds that the licensee has violated any provision of this
1171	section or has violated any other law of this state or the
1172	federal law and administrative rule set forth in paragraph
1173	(9)(a) related to dealing in motor vehicles. A Any licensee is
1174	shall be entitled to a hearing pursuant to chapter 120 if the
1175	licensee contests the fine levied, or about to be levied, upon
1176	him or her.
1177	(14)(13)  DEPOSIT AND USE OF FEES.--The fees charged
1178	applicants for both the required background investigation and
1179	the computerized card as provided in this section shall be
1180	deposited into the Highway Safety Operating Trust Fund and shall
1181	be used to cover the cost of such service.
1182	(15)(14)  EXEMPTION.--The provisions of This section does
1183	do not apply to persons who sell or deliver motorized disability
1184	access vehicles as defined in s. 320.01.
1185	Section 20.  Subsection (1) of section 320.642, Florida
1186	Statutes, is amended to read:
1187	320.642  Dealer licenses in areas previously served;
1188	procedure.--
1189	(1)  Any licensee who proposes to establish an additional
1190	motor vehicle dealership or permit the relocation of an existing
1191	dealer to a location within a community or territory where the
1192	same line-make vehicle is presently represented by a franchised
1193	motor vehicle dealer or dealers shall give written notice of its
1194	intention to the department. Such notice shall state:
1195	(a)  The specific location at which the additional or
1196	relocated motor vehicle dealership will be established.
1197	(b)  The date on or after which the licensee intends to be
1198	engaged in business with the additional or relocated motor
1199	vehicle dealer at the proposed location.
1200	(c)  The identity of all motor vehicle dealers who are
1201	franchised to sell the same line-make vehicle with licensed
1202	locations in the county or any contiguous county to the county
1203	where the additional or relocated motor vehicle dealer is
1204	proposed to be located.
1205	(d)  The names and addresses of the dealer-operator and
1206	principal investors in the proposed additional or relocated
1207	motor vehicle dealership.
1208
1209	Immediately upon receipt of such notice the department shall
1210	cause a notice to be published in the Florida Administrative
1211	Weekly. The published notice shall state that a petition or
1212	complaint by any dealer with standing to protest pursuant to
1213	subsection (3) must be filed not more than 30 days from the date
1214	of publication of the notice in the Florida Administrative
1215	Weekly. The published notice shall describe and identify the
1216	proposed dealership sought to be licensed, and the department
1217	shall mail cause a copy of the notice to be mailed to those
1218	dealers identified in the licensee's notice under paragraph (c).
1219	The department shall assess the licensee a fee of $75 to pay for
1220	the cost of publication and a service charge of $2.50 for each
1221	publication that is handled in connection with establishing an
1222	additional motor vehicle dealership or relocating an existing
1223	dealership.
1224	Section 21.  Subsection (16) of section 320.77, Florida
1225	Statutes, is amended, and subsection (17) is added to that
1226	section, to read:
1227	320.77  License required of mobile home dealers.--
1228	(16)  SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF
1229	CREDIT REQUIRED.--
1230	(a)  Before any license is shall be issued or renewed, the
1231	applicant or licensee shall deliver to the department a good and
1232	sufficient surety bond, cash bond, or irrevocable letter of
1233	credit, executed by the applicant or licensee as principal. The
1234	bond or irrevocable letter of credit shall be in a form to be
1235	approved by the department and must shall be conditioned upon
1236	the dealer's complying with the conditions of any written
1237	contract made by the dealer in connection with the sale,
1238	exchange, or improvement of any mobile home and his or her not
1239	violating any of the provisions of chapter 319 or this chapter
1240	in the conduct of the business for which the dealer is licensed.
1241	The bond or irrevocable letter of credit shall be to the
1242	department and in favor of any retail customer who shall suffer
1243	any loss as a result of any violation of the conditions
1244	contained in this section. The bond or irrevocable letter of
1245	credit shall be for the license period, and a new bond or
1246	irrevocable letter of credit or a proper continuation
1247	certificate shall be delivered to the department at the
1248	beginning of each license period. However, the aggregate
1249	liability of the surety in any one license year may not shall in
1250	no event exceed the sum of such bond, or, in the case of a
1251	letter of credit, the aggregate liability of the issuing bank
1252	may shall not exceed the sum of the credit. The amount of the
1253	bond required shall be as follows:
1254	1.  A single dealer who buys, sells, or deals in mobile
1255	homes and who has four or fewer supplemental licenses shall
1256	provide a surety bond, cash bond, or irrevocable letter of
1257	credit executed by the dealer applicant or licensee in the
1258	amount of $25,000.
1259	2.  A single dealer who buys, sells, or deals in mobile
1260	homes and who has more than four supplemental licenses shall
1261	provide a surety bond, cash bond, or irrevocable letter of
1262	credit executed by the dealer applicant or licensee in the
1263	amount of $50,000.
1264
1265	For the purposes of this paragraph, any person who buys, sells,
1266	or deals in both mobile homes and recreational vehicles shall
1267	provide the same surety bond required of dealers who buy, sell,
1268	or deal in mobile homes only.
1269	(b)  Surety bonds shall be executed by a surety company
1270	authorized to do business in the state as surety, and
1271	irrevocable letters of credit shall be issued by a bank
1272	authorized to do business in the state as a bank.
1273	(c)  Irrevocable letters of credit shall be engaged by a
1274	bank as an agreement to honor demands for payment as specified
1275	in this section.
1276	(d)  The department shall, upon denial, suspension, or
1277	revocation of any license, notify the surety company of the
1278	licensee or bank issuing an irrevocable letter of credit for the
1279	licensee, in writing, that the license has been denied,
1280	suspended, or revoked and shall state the reason for such
1281	denial, suspension, or revocation.
1282	(e)  Any surety company that pays any claim against the
1283	bond of any licensee or any bank that honors a demand for
1284	payment as a condition specified in a letter of credit of a
1285	licensee shall notify the department, in writing, that such
1286	action has been taken and shall state the amount of the claim or
1287	payment.
1288	(f)  Any surety company that cancels the bond of any
1289	licensee or any bank that cancels an irrevocable letter of
1290	credit shall notify the department, in writing, of such
1291	cancellation, giving reason for the cancellation. The insurer
1292	may cancel the surety bond by giving written notice of the
1293	cancellation to the department. The cancellation of the surety
1294	bond is effective no earlier than 30 days after the notice is
1295	received by the department.
1296	(g)  The department shall revoke, suspend, or deny a
1297	dealer's license issued under this chapter if the dealer
1298	conducts business during the license period without having in
1299	full force and effect a surety bond that complies with this
1300	subsection.
1301	(17)  GARAGE LIABILITY INSURANCE REQUIRED.--Any person who
1302	buys, sells, or deals in both mobile homes and recreational
1303	vehicles shall provide the same garage liability insurance
1304	required of dealers who buy, sell, or deal only in recreational
1305	vehicles.
1306	(a)  Before any license is issued or renewed, the applicant
1307	shall deliver to the department evidence of a new or continued
1308	garage liability insurance policy or a general liability
1309	insurance policy coupled with a business automobile policy,
1310	executed by the applicant as principal, which shall include, at
1311	minimum, $25,000 combined single-limit liability coverage,
1312	including bodily injury and property damage protection, and
1313	$10,000 personal injury protection. The policy shall be for the
1314	license period.
1315	(b)  Proof of garage liability must be in a form approved
1316	by the department and conditioned upon the dealer complying with
1317	the conditions of any written contract made by that dealer in
1318	connection with the sale, exchange, or improvement of any
1319	recreational vehicle and not violating any provision of chapter
1320	319 or this chapter in the conduct of the business for which he
1321	or she is licensed. The garage liability insurance shall be to
1322	the department and in favor of any retail customer who suffers
1323	any loss as a result of any violation of this section.
1324	(c)  The department shall, upon denial, suspension, or
1325	revocation of any license, notify the insurance company of the
1326	licensee in writing that the license has been denied, suspended,
1327	or revoked and state the reason for such denial, suspension, or
1328	revocation.
1329	(d)  An insurance company that pays any claim against the
1330	bond of any licensee shall notify the department in writing that
1331	such action has been taken and the amount of the claim or
1332	payment.
1333	(e)  An insurance company that cancels the insurance of any
1334	licensee shall notify the department in writing of the
1335	cancellation, giving the reason for the cancellation. The
1336	insurance company may cancel the liability insurance by giving
1337	written notice of the cancellation to the department. The
1338	cancellation of the liability insurance is effective no earlier
1339	than 30 days after the notice is received by the department.
1340	(f)  The department shall revoke, suspend, or deny a
1341	dealer's license issued under this chapter if the dealer
1342	conducts business during the license period without having in
1343	full force and effect garage liability insurance that complies
1344	with this subsection.
1345	Section 22.  Section 320.95, Florida Statutes, is amended
1346	to read:
1347	320.95  Transactions by electronic or telephonic means.--
1348	(1)  The department may is authorized to accept any
1349	application provided for under this chapter by electronic or
1350	telephonic means.
1351	(2)  The department may collect and use e-mail addresses of
1352	motor vehicle owners and registrants as a notification method in
1353	lieu of the United States Postal Service.
1354	Section 23.  Subsection (1) of section 322.03, Florida
1355	Statutes, is amended to read:
1356	322.03  Drivers must be licensed; penalties.--
1357	(1)  Except as otherwise authorized in this chapter, a
1358	person may not drive any motor vehicle upon a highway in this
1359	state unless such person has a valid driver's license issued
1360	under the provisions of this chapter.
1361	(a)  A person who drives a commercial motor vehicle may
1362	shall not receive a driver's license unless and until he or she
1363	surrenders to the department all driver's licenses in his or her
1364	possession issued to him or her by any other jurisdiction or
1365	makes an affidavit that he or she does not possess a driver's
1366	license. Any such person who fails to surrender such licenses or
1367	who makes a false affidavit concerning such licenses commits is
1368	guilty of a misdemeanor of the first degree, punishable as
1369	provided in s. 775.082 or s. 775.083.
1370	(b)  A person who does not drive a commercial motor vehicle
1371	is not required to surrender a license issued by another
1372	jurisdiction, upon a showing to the department that such license
1373	is necessary because of employment or part-time residence. Any
1374	person who retains a driver's license because of employment or
1375	part-time residence shall, upon qualifying for a license in this
1376	state, be issued a driver's license which shall be valid within
1377	this state only. All surrendered licenses may be returned by the
1378	department to the issuing jurisdiction together with information
1379	that the licensee is now licensed in a new jurisdiction or may
1380	be destroyed by the department, which shall notify the issuing
1381	jurisdiction of such destruction. A person may not have more
1382	than one valid Florida driver's license at any time.
1383	(c)  Part-time residents of this state issued a license
1384	that is valid within this state only under paragraph (b) as that
1385	paragraph existed before June 30, 2009, may continue to hold
1386	such license until the next regularly scheduled renewal.
1387	Licenses that are identified as "Valid in Florida Only" may not
1388	be issued or renewed effective July 1, 2009. This paragraph
1389	expires June 30, 2017.
1390	Section 24.  Subsection (3) of section 322.051, Florida
1391	Statutes, is amended to read:
1392	322.051  Identification cards.--
1393	(3)  If an identification card issued under this section is
1394	lost, destroyed, or mutilated or a new name is acquired, the
1395	person to whom it was issued may obtain a duplicate upon
1396	furnishing satisfactory proof of such fact to the department and
1397	upon payment of the applicable fee under s. 322.21 a fee of $10
1398	for such duplicate, $2.50 of which shall be deposited into the
1399	General Revenue Fund and $7.50 into the Highway Safety Operating
1400	Trust Fund. The fee must shall include payment for the color
1401	photograph or digital image of the applicant. Any person who
1402	loses an identification card and who, after obtaining a
1403	duplicate, finds the original card shall immediately surrender
1404	the original card to the department. The same documentary
1405	evidence must shall be furnished for a duplicate as for an
1406	original identification card.
1407	Section 25.  Present subsection (6) of section 322.08,
1408	Florida Statutes, is redesignated as subsection (7), and a new
1409	subsection (6) is added to that section, to read:
1410	322.08  Application for license.--
1411	(6)  The department may not issue a driver's license or
1412	identification card, as described in s. 322.051, to an applicant
1413	who holds a valid driver's license or identification card issued
1414	by another state.
1415	Section 26.  Subsection (1) of section 322.095, Florida
1416	Statutes, is amended to read:
1417	322.095  Traffic law and substance abuse education program
1418	for driver's license applicants.--
1419	(1)  The Department of Highway Safety and Motor Vehicles
1420	must approve traffic law and substance abuse education courses
1421	that must be completed by applicants for a Florida driver's
1422	license. The curricula for the courses must provide instruction
1423	on the physiological and psychological consequences of the abuse
1424	of alcohol and other drugs, the societal and economic costs of
1425	alcohol and drug abuse, the effects of alcohol and drug abuse on
1426	the driver of a motor vehicle, and the laws of this state
1427	relating to the operation of a motor vehicle. All instructors
1428	teaching the courses shall be certified by the department.
1429	Section 27.  Section 322.201, Florida Statutes, is amended
1430	to read:
1431	322.201  Records as evidence.--A copy, computer copy, or
1432	transcript of all abstracts of crash reports and all abstracts
1433	of court records of convictions received by the department and
1434	the complete driving record of any individual duly certified by
1435	machine imprint of the department or by machine imprint of the
1436	clerk of a court shall be received as evidence in all courts of
1437	this state without further authentication, provided the same is
1438	otherwise admissible in evidence. Further, any court or the
1439	office of the clerk of any court of this state which is
1440	electronically connected by a terminal device to the computer
1441	data center of the department may use as evidence in any case
1442	the information obtained by this device from the records of the
1443	department without need of such certification; however, if a
1444	genuine issue as to the authenticity of such information is
1445	raised by a party or by the court, the court in its sound
1446	discretion may require that a record certified by the department
1447	be submitted for admission into evidence. For such computer
1448	copies generated by a terminal device of a court or clerk of
1449	court, entry in a driver's record that the notice required by s.
1450	322.251 was given shall constitute sufficient evidence that such
1451	notice was given.
1452	Section 28.  Section 322.22, Florida Statutes, is amended
1453	to read:
1454	322.22  Authority of department to cancel license or
1455	identification card.--
1456	(1)  The department may is authorized to cancel any
1457	driver's license or identification card, upon determining that
1458	the licensee or identification card holder was not entitled to
1459	the issuance thereof, or that the licensee or identification
1460	card holder failed to give the required or correct information
1461	in his or her application or committed any fraud in making such
1462	application, or that the licensee or identification card holder
1463	has two or more licenses on file with the department, each in a
1464	different name but bearing the photograph of the licensee or
1465	identification card holder, unless the licensee or
1466	identification card holder has complied with the requirements of
1467	this chapter in obtaining the licenses or identification cards.
1468	The department may cancel any driver's license, identification
1469	card, vehicle or vessel registration, or fuel-use decal if the
1470	licensee or identification card holder fails to pay the correct
1471	fee or pays for the driver's license, identification card,
1472	vehicle or vessel registration, or fuel-use decal; pays any tax
1473	liability, penalty, or interest specified in chapter 207; or
1474	pays any administrative, delinquency, or reinstatement fee by a
1475	dishonored check.
1476	(2)  Upon such cancellation, the licensee or identification
1477	card holder must surrender to the department the license or
1478	identification card so canceled.
1479	Section 29.  Subsection (2) of section 322.2615, Florida
1480	Statutes, is amended, and subsection (17) is added to that
1481	section, to read:
1482	322.2615  Suspension of license; right to review.--
1483	(2)  Except as provided in paragraph (1)(a), the law
1484	enforcement officer shall forward to the department, within 5
1485	days after issuing the notice of suspension, the driver's
1486	license; an affidavit stating the officer's grounds for belief
1487	that the person was driving or in actual physical control of a
1488	motor vehicle while under the influence of alcoholic beverages
1489	or chemical or controlled substances; the results of any breath
1490	or blood test or an affidavit stating that a breath, blood, or
1491	urine test was requested by a law enforcement officer or
1492	correctional officer and that the person refused to submit; the
1493	officer's description of the person's field sobriety test, if
1494	any; and the notice of suspension; and a copy of the crash
1495	report, if any. The failure of the officer to submit materials
1496	within the 5-day period specified in this subsection and in
1497	subsection (1) does not affect the department's ability to
1498	consider any evidence submitted at or prior to the hearing. The
1499	officer may also submit a copy of the crash report or a copy of
1500	a videotape of the field sobriety test or the attempt to
1501	administer such test. Materials submitted to the department by a
1502	law enforcement agency or correctional agency shall be
1503	considered self-authenticating and shall be in the record for
1504	consideration by the hearing officer. Notwithstanding s.
1505	316.066(7), the crash report shall be considered by the hearing
1506	officer.
1507	(17)  Notwithstanding s. 316.1932, the term "lawful breath,
1508	blood, or urine test" means any test approved by the Department
1509	of Law Enforcement.
1510	Section 30.  Section 322.27, Florida Statutes, is amended
1511	to read:
1512	322.27  Authority of department to suspend or revoke
1513	license or identification card.--
1514	(1)  Notwithstanding any provisions to the contrary in
1515	chapter 120, the department may is hereby authorized to suspend
1516	the license or identification card of any person without
1517	preliminary hearing upon a showing of its records or other
1518	sufficient evidence that the licensee or identification card
1519	holder:
1520	(a)  Has committed an offense for which mandatory
1521	revocation of license is required upon conviction. A law
1522	enforcement agency must provide information to the department
1523	within 24 hours after any traffic fatality or when the law
1524	enforcement agency initiates action under pursuant to s.
1525	316.1933;
1526	(b)  Has been convicted of a violation of any traffic law
1527	which resulted in a crash that caused the death or personal
1528	injury of another or property damage in excess of $500;
1529	(c)  Is incompetent to drive a motor vehicle;
1530	(d)  Has permitted an unlawful or fraudulent use of such
1531	license or identification card or has knowingly been a party to
1532	the obtaining of a license or identification card by fraud or
1533	misrepresentation or to display, or represent as one's own, any
1534	driver's license or identification card not issued him or her.
1535	Provided, However, no provision of this section does not shall
1536	be construed to include the provisions of s. 322.32(1);
1537	(e)  Has committed an offense in another state which if
1538	committed in this state would be grounds for suspension or
1539	revocation; or
1540	(f)  Has committed a second or subsequent violation of s.
1541	316.172(1) within a 5-year period of any previous violation.
1542	(2)  The department shall suspend the license of any person
1543	without preliminary hearing upon a showing of its records that
1544	the licensee has been convicted in any court having jurisdiction
1545	over offenses committed under this chapter or any other law of
1546	this state regulating the operation of a motor vehicle on the
1547	highways, upon direction of the court, when the court feels that
1548	the seriousness of the offense and the circumstances surrounding
1549	the conviction warrant the suspension of the licensee's driving
1550	privilege.
1551	(3)  There is established a point system for evaluation of
1552	convictions of violations of motor vehicle laws or ordinances,
1553	and violations of applicable provisions of s. 403.413(6)(b) when
1554	such violations involve the use of motor vehicles, for the
1555	determination of the continuing qualification of any person to
1556	operate a motor vehicle. The department is authorized to suspend
1557	the license of any person upon showing of its records or other
1558	good and sufficient evidence that the licensee has been
1559	convicted of violation of motor vehicle laws or ordinances, or
1560	applicable provisions of s. 403.413(6)(b), amounting to 12 or
1561	more points as determined by the point system. The suspension
1562	shall be for a period of not more than 1 year.
1563	(a)  When a licensee accumulates 12 points within a 12-
1564	month period, the period of suspension shall be for not more
1565	than 30 days.
1566	(b)  When a licensee accumulates 18 points, including
1567	points upon which suspension action is taken under paragraph
1568	(a), within an 18-month period, the suspension shall be for a
1569	period of not more than 3 months.
1570	(c)  When a licensee accumulates 24 points, including
1571	points upon which suspension action is taken under paragraphs
1572	(a) and (b), within a 36-month period, the suspension shall be
1573	for a period of not more than 1 year.
1574	(d)  The point system shall have as its basic element a
1575	graduated scale of points assigning relative values to
1576	convictions of the following violations:
1577	1.  Reckless driving, willful and wanton--4 points.
1578	2.  Leaving the scene of a crash resulting in property
1579	damage of more than $50--6 points.
1580	3.  Unlawful speed resulting in a crash--6 points.
1581	4.  Passing a stopped school bus--4 points.
1582	5.  Unlawful speed:
1583	a.  Not in excess of 15 miles per hour of lawful or posted
1584	speed--3 points.
1585	b.  In excess of 15 miles per hour of lawful or posted
1586	speed--4 points.
1587	6.  A violation of a traffic control signal device as
1588	provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
1589	7.  All other moving violations (including parking on a
1590	highway outside the limits of a municipality)--3 points.
1591	However, no points shall be imposed for a violation of s.
1592	316.0741 or s. 316.2065(12).
1593	8.  Any moving violation covered above, excluding unlawful
1594	speed, resulting in a crash--4 points.
1595	9.  Any conviction under s. 403.413(6)(b)--3 points.
1596	10.  Any conviction under s. 316.0775(2)--4 points.
1597	(e)  A conviction in another state of a violation therein
1598	which, if committed in this state, would be a violation of the
1599	traffic laws of this state, or a conviction of an offense under
1600	any federal law substantially conforming to the traffic laws of
1601	this state, except a violation of s. 322.26, may be recorded
1602	against a driver on the basis of the same number of points
1603	received had the conviction been made in a court of this state.
1604	(f)  In computing the total number of points, when the
1605	licensee reaches the danger zone, the department is authorized
1606	to send the licensee a warning letter advising that any further
1607	convictions may result in suspension of his or her driving
1608	privilege.
1609	(g)  The department shall administer and enforce the
1610	provisions of this law and may make rules and regulations
1611	necessary for its administration.
1612	(h)  Three points shall be deducted from the driver history
1613	record of any person whose driving privilege has been suspended
1614	only once pursuant to this subsection and has been reinstated,
1615	if such person has complied with all other requirements of this
1616	chapter.
1617	(i)  This subsection shall not apply to persons operating a
1618	nonmotorized vehicle for which a driver's license is not
1619	required.
1620	(4)  The department, in computing the points and period of
1621	time for suspensions under this section, shall use the offense
1622	date of all convictions.
1623	(5)  The department shall revoke the license of any person
1624	designated a habitual offender, as set forth in s. 322.264, and
1625	such person shall not be eligible to be relicensed for a minimum
1626	of 5 years from the date of revocation, except as provided for
1627	in s. 322.271. Any person whose license is revoked may, by
1628	petition to the department, show cause why his or her license
1629	should not be revoked.
1630	(6)  The department shall revoke the driving privilege of
1631	any person who is convicted of a felony for the possession of a
1632	controlled substance if, at the time of such possession, the
1633	person was driving or in actual physical control of a motor
1634	vehicle. A person whose driving privilege has been revoked
1635	pursuant to this subsection shall not be eligible to receive a
1636	limited business or employment purpose license during the term
1637	of such revocation.
1638	(7)  Review of an order of suspension or revocation shall
1639	be by writ of certiorari as provided in s. 322.31.
1640	Section 31.  Subsection (2) of section 322.271, Florida
1641	Statutes, is amended to read:
1642	322.271  Authority to modify revocation, cancellation, or
1643	suspension order.--
1644	(2)(a)  At Upon such hearing, the person whose license has
1645	been suspended, canceled, or revoked may show that such
1646	suspension, cancellation, or revocation of his or her license
1647	causes a serious hardship and precludes the person from person's
1648	carrying out his or her normal business occupation, trade, or
1649	employment and that the use of the person's license in the
1650	normal course of his or her business is necessary to the proper
1651	support of the person or his or her family.
1652	(a)  Except as otherwise provided in this subsection, the
1653	department shall require proof of the successful completion of
1654	the applicable department-approved driver training course
1655	operating pursuant to s. 318.1451 or DUI program substance abuse
1656	education course and evaluation as provided in s. 316.193(5).
1657	Letters of recommendation from respected business persons in the
1658	community, law enforcement officers, or judicial officers may
1659	also be required to determine whether the such person should be
1660	permitted to operate a motor vehicle on a restricted basis for
1661	business or employment use only and in determining whether such
1662	person can be trusted to so operate a motor vehicle. If a
1663	driver's license has been suspended under the point system or
1664	under pursuant to s. 322.2615, the department shall require
1665	proof of enrollment in the applicable department-approved driver
1666	training course or licensed DUI program substance abuse
1667	education course, including evaluation and treatment, if
1668	referred, and may require letters of recommendation described in
1669	this paragraph subsection to determine if the driver should be
1670	reinstated on a restricted basis. If the such person fails to
1671	complete the approved course within 90 days after reinstatement
1672	or subsequently fails to complete treatment, if applicable, the
1673	department shall cancel his or her driver's license until the
1674	course and treatment, if applicable, is successfully completed,
1675	notwithstanding the terms of the court order or any suspension
1676	or revocation of the driving privilege. The department may
1677	temporarily reinstate the driving privilege on a restricted
1678	basis upon verification from the DUI program that the offender
1679	has reentered and is currently participating in treatment and
1680	has completed the DUI education course and evaluation
1681	requirement. If the DUI program notifies the department of the
1682	second failure to complete treatment, the department shall
1683	reinstate the driving privilege only after notice of completion
1684	of treatment from the DUI program. The privilege of driving on a
1685	limited or restricted basis for business or employment use may
1686	shall not be granted to a person who has been convicted of a
1687	violation of s. 316.193 until completion of the DUI program
1688	substance abuse education course and evaluations as provided in
1689	s. 316.193(5). Except as provided in paragraph (c) (b), the
1690	privilege of driving on a limited or restricted basis for
1691	business or employment use may shall not be granted to a person
1692	whose license is revoked pursuant to s. 322.28 or suspended
1693	pursuant to s. 322.2615 and who has been convicted of a
1694	violation of s. 316.193 two or more times or whose license has
1695	been suspended two or more times for refusal to submit to a test
1696	pursuant to s. 322.2615 or former s. 322.261.
1697	(b)  The department may waive the hearing process for
1698	suspensions and revocations upon request by the driver if the
1699	driver has enrolled or completed the applicable driver training
1700	course approved under s. 318.1451 or the DUI program substance
1701	abuse education course and evaluation provided in s. 316.193(5).
1702	However, the department may not waive the hearing for
1703	suspensions or revocations that involve death or serious bodily
1704	injury, multiple convictions for violations of s. 316.193
1705	pursuant to s. 322.27(5), or a second or subsequent suspension
1706	or revocation pursuant to the same provision of this chapter.
1707	This paragraph does not preclude the department from requiring a
1708	hearing for any suspension or revocation that it determines is
1709	warranted based on the severity of the offense.
1710	(c)(b)  A person whose license has been revoked for a
1711	period of 5 years or less pursuant to s. 322.28(2)(a) may, upon
1712	the expiration of 12 months after the date the said revocation
1713	was imposed, petition the department for reinstatement of his or
1714	her driving privilege on a restricted basis. A person whose
1715	license has been revoked for a period of more than 5 years under
1716	s. 322.28(2)(a) may, upon the expiration of 24 months after the
1717	date the revocation was imposed, petition the department for
1718	reinstatement of his or her driving privilege on a restricted
1719	basis. Reinstatement under of the driving privilege pursuant to
1720	this subsection is shall be restricted to business or employment
1721	purposes only. In addition, the department shall require such
1722	persons upon reinstatement to have not driven and to have been
1723	drug free for at least 12 months immediately before the prior to
1724	such reinstatement, to be supervised by a DUI program licensed
1725	by the department, and to report to the program at least three
1726	times a year as required by the program for the duration of the
1727	revocation period for supervision. Such supervision includes
1728	shall include evaluation, education, referral into treatment,
1729	and other activities required by the department. Such persons
1730	shall assume reasonable costs of supervision. If the such person
1731	fails to comply with the required supervision, the program shall
1732	report the failure to the department, and the department shall
1733	cancel the such person's driving privilege. This paragraph does
1734	not apply to any person whose driving privilege has been
1735	permanently revoked.
1736	(d)(c)  For the purpose of this section, a previous
1737	conviction of driving under the influence, driving while
1738	intoxicated, driving with an unlawful blood-alcohol level, or
1739	any other similar alcohol-related or drug-related offense
1740	outside this state or a previous conviction of former s.
1741	316.1931, former s. 316.028, or former s. 860.01 is shall be
1742	considered a previous conviction for violation of s. 316.193.
1743	(e)(d)  The department, based upon review of the licensee's
1744	application for reinstatement, may require use of an ignition
1745	interlock device pursuant to s. 322.2715.
1746	Section 32.  Paragraph (a) of subsection (2) of section
1747	322.28, Florida Statutes, is amended to read:
1748	322.28  Period of suspension or revocation.--
1749	(2)  In a prosecution for a violation of s. 316.193 or
1750	former s. 316.1931, the following provisions apply:
1751	(a)  Upon conviction of the driver, the court, along with
1752	imposing sentence, shall revoke the driver's license or driving
1753	privilege of the person so convicted, effective on the date of
1754	conviction, and shall prescribe the period of such revocation in
1755	accordance with the following provisions:
1756	1.  Upon a first conviction, or any conviction that does
1757	not fall under subparagraph 2. or subparagraph 3., for a
1758	violation of the provisions of s. 316.193 or former s. 316.1931,
1759	except a violation resulting in death, the driver's license or
1760	driving privilege shall be revoked for not less than 180 days or
1761	more than 1 year.
1762	2.  Upon a second conviction for an offense that occurs
1763	within a period of 5 years after the date of a prior conviction
1764	for a violation of the provisions of s. 316.193 or former s.
1765	316.1931 or a combination of such sections, the driver's license
1766	or driving privilege shall be revoked for not less than 5 years.
1767	3.  Upon a third conviction for an offense that occurs
1768	within a period of 10 years after the date of a prior conviction
1769	for the violation of the provisions of s. 316.193 or former s.
1770	316.1931 or a combination of such sections, the driver's license
1771	or driving privilege shall be revoked for not less than 10
1772	years.
1773
1774	For the purposes of this paragraph, a previous conviction
1775	outside this state for driving under the influence, driving
1776	while intoxicated, driving with an unlawful blood-alcohol level,
1777	or any other alcohol-related or drug-related traffic offense
1778	similar to the offense of driving under the influence as
1779	proscribed by s. 316.193 will be considered a previous
1780	conviction for violation of s. 316.193, and a conviction for
1781	violation of former s. 316.028, former s. 316.1931, or former s.
1782	860.01 is considered a conviction for violation of s. 316.193.
1783	Additionally, if a person has two offenses for violating s.
1784	316.193 pending at the same time which were committed on
1785	different offense dates and the person is subsequently convicted
1786	for each violation, the court shall impose the sanction as if
1787	the first conviction preceded the offense date of the second
1788	conviction.
1789	Section 33.  Section 322.293, Florida Statutes, is amended
1790	to read:
1791	322.293  DUI Programs Coordination Trust Fund; assessment;
1792	disposition.--
1793	(1)  The DUI Programs Coordination Trust Fund shall be
1794	administered by the department, and the costs of administration
1795	shall be paid borne by the revenue collections provided in this
1796	section fund. All funds received by the department DUI Programs
1797	Coordination Trust Fund shall be used solely for the purposes
1798	set forth in this chapter and for the general operation of the
1799	department section and s. 322.292. However, if the Legislature
1800	passes legislation consolidating existing trust funds assigned
1801	to the department, all funds remaining in and deposited to the
1802	DUI Programs Coordination Trust Fund shall be transferred to the
1803	consolidated trust funds, subject to their being earmarked for
1804	use solely for the purposes set forth in this section and s.
1805	322.292.
1806	(2)  Each DUI program shall assess $12 against each person
1807	enrolling in a DUI program at the time of enrollment, including
1808	persons who transfer to or from a program in another state. In
1809	addition, second and third offenders and those offenders under
1810	permanent driver's-license revocation who are evaluated for
1811	eligibility for license restrictions under s. 322.271(2) s.
1812	322.271(2)(b) and (4) shall be assessed $12 upon enrollment in
1813	the program and upon each subsequent anniversary date while they
1814	are in the program, for the duration of the license period.
1815	(3)  All assessments collected under this section shall be
1816	deposited in the Highway Safety Operating forwarded to the DUI
1817	Programs Coordination Trust Fund within 30 days after the last
1818	day of the month in which the assessment was received.
1819	Section 34.  Subsection (1), paragraph (b) of subsection
1820	(7), and subsection (8) of section 322.64, Florida Statutes, are
1821	amended to read:
1822	322.64  Holder of commercial driver's license; persons
1823	operating a commercial motor vehicle; driving with unlawful
1824	blood-alcohol level; refusal to submit to breath, urine, or
1825	blood test.--
1826	(1)(a)  A law enforcement officer or correctional officer
1827	shall, on behalf of the department, disqualify from operating
1828	any commercial motor vehicle a person who while operating or in
1829	actual physical control of a commercial motor vehicle is
1830	arrested for a violation of s. 316.193, relating to unlawful
1831	blood-alcohol level or breath-alcohol level, or a person who has
1832	refused to submit to a breath, urine, or blood test authorized
1833	by s. 322.63 or s. 316.1932 arising out of the operation or
1834	actual physical control of a commercial motor vehicle. A law
1835	enforcement officer or correctional officer shall, on behalf of
1836	the department, disqualify the holder of a commercial driver's
1837	license from operating any commercial motor vehicle if the
1838	licenseholder, while operating or in actual physical control of
1839	a motor vehicle, is arrested for a violation of s. 316.193,
1840	relating to unlawful blood-alcohol level or breath-alcohol
1841	level, or refused to submit to a breath, urine, or blood test
1842	authorized by s. 322.63 or s. 316.1932. Upon disqualification of
1843	the person, the officer shall take the person's driver's license
1844	and issue the person a 10-day temporary permit for the operation
1845	of noncommercial vehicles only if the person is otherwise
1846	eligible for the driving privilege and shall issue the person a
1847	notice of disqualification. If the person has been given a
1848	blood, breath, or urine test, the results of which are not
1849	available to the officer at the time of the arrest, the agency
1850	employing the officer shall transmit such results to the
1851	department within 5 days after receipt of the results. If the
1852	department then determines that the person had a blood-alcohol
1853	level or breath-alcohol level of 0.08 or higher, the department
1854	shall disqualify the person from operating a commercial motor
1855	vehicle pursuant to subsection (3).
1856	(b)  The disqualification under paragraph (a) shall be
1857	pursuant to, and the notice of disqualification shall inform the
1858	driver of, the following:
1859	1.a.  The driver refused to submit to a lawful breath,
1860	blood, or urine test and he or she is disqualified from
1861	operating a commercial motor vehicle for a period of 1 year, for
1862	a first refusal, or permanently, if he or she has previously
1863	been disqualified under this section as a result of a refusal to
1864	submit to such a test; or
1865	b.  The driver was driving or in actual physical control of
1866	a commercial motor vehicle, or any motor vehicle if the driver
1867	holds a commercial driver's license, had an unlawful blood-
1868	alcohol level or breath-alcohol level of 0.08 or higher, and his
1869	or her driving privilege shall be disqualified for a period of 1
1870	year for a first offense or permanently disqualified if his or
1871	her driving privilege has been previously disqualified under
1872	this section.
1873	2.  The disqualification period for operating commercial
1874	vehicles shall commence on the date of issuance of the notice of
1875	disqualification.
1876	3.  The driver may request a formal or informal review of
1877	the disqualification by the department within 10 days after the
1878	date of issuance of the notice of disqualification.
1879	4.  The temporary permit issued at the time of
1880	disqualification expires at midnight of the 10th day following
1881	the date of disqualification.
1882	5.  The driver may submit to the department any materials
1883	relevant to the disqualification.
1884	(7)  In a formal review hearing under subsection (6) or an
1885	informal review hearing under subsection (4), the hearing
1886	officer shall determine by a preponderance of the evidence
1887	whether sufficient cause exists to sustain, amend, or invalidate
1888	the disqualification. The scope of the review shall be limited
1889	to the following issues:
1890	(b)  If the person was disqualified from operating a
1891	commercial motor vehicle for refusal to submit to a breath,
1892	blood, or urine test:
1893	1.  Whether the law enforcement officer had probable cause
1894	to believe that the person was driving or in actual physical
1895	control of a commercial motor vehicle, or any motor vehicle if
1896	the driver holds a commercial driver's license, in this state
1897	while he or she had any alcohol, chemical substances, or
1898	controlled substances in his or her body.
1899	2.  Whether the person refused to submit to the test after
1900	being requested to do so by a law enforcement officer or
1901	correctional officer.
1902	3.  Whether the person was told that if he or she refused
1903	to submit to such test he or she would be disqualified from
1904	operating a commercial motor vehicle for a period of 1 year or,
1905	if previously disqualified under this section in the case of a
1906	second refusal, permanently.
1907	(8)  Based on the determination of the hearing officer
1908	pursuant to subsection (7) for both informal hearings under
1909	subsection (4) and formal hearings under subsection (6), the
1910	department shall:
1911	(a)  Sustain the disqualification for a period of 1 year
1912	for a first refusal, or permanently if such person has been
1913	previously disqualified from operating a commercial motor
1914	vehicle under this section as a result of a refusal to submit to
1915	such tests. The disqualification period commences on the date of
1916	the arrest or issuance of the notice of disqualification,
1917	whichever is later.
1918	(b)  Sustain the disqualification:
1919	1.  For a period of 1 year if the person was driving or in
1920	actual physical control of a commercial motor vehicle, or any
1921	motor vehicle if the driver holds a commercial driver's license,
1922	and had an unlawful blood-alcohol level or breath-alcohol level
1923	of 0.08 or higher; or
1924	2.  Permanently if the person has been previously
1925	disqualified from operating a commercial motor vehicle under
1926	this section or his or her driving privilege has been previously
1927	suspended for driving or being in actual physical control of a
1928	commercial motor vehicle, or any motor vehicle if the driver
1929	holds a commercial driver's license, and had an unlawful blood-
1930	alcohol level or breath-alcohol level of 0.08 or higher.
1931
1932	The disqualification period commences on the date of the arrest
1933	or issuance of the notice of disqualification.
1934	Section 35.  Section 328.30, Florida Statutes, is amended
1935	to read:
1936	328.30  Transactions by electronic or telephonic means.--
1937	(1)  The department may is authorized to accept any
1938	application provided for under this chapter by electronic or
1939	telephonic means.
1940	(2)  The department may issue an electronic certificate of
1941	title in lieu of printing a paper title.
1942	(3)  The department may collect and use e-mail addresses of
1943	vessel owners and registrants as a notification method in lieu
1944	of the United States Postal Service.
1945	Section 36.  Subsection (12) of section 328.72, Florida
1946	Statutes, is amended to read:
1947	328.72  Classification; registration; fees and charges;
1948	surcharge; disposition of fees; fines; marine turtle stickers.--
1949	(12)  REGISTRATION.--
1950	(a)  "Registration period" is a period of 12 months during
1951	which a vessel registration is valid.
1952	(b)  "Extended registration period" means a period of 24
1953	months during which a vessel registration is valid.
1954	(c)(b)  Any vessel owner who is subject to registration
1955	under subparagraph (d)(c)1. is eligible for an extended
1956	registration period that begins the first day of the birth month
1957	of the owner and ends the last day of the month immediately
1958	preceding the owner's birth month 24 months after the beginning
1959	of the registration period. If the vessel is registered in the
1960	name of more than one person, the birth month of the person
1961	whose name first appears on the registration shall be used to
1962	determine the extended registration period. For a vessel subject
1963	to this extended registration period, the renewal period is the
1964	30-day period ending at midnight on the vessel owner's date of
1965	birth.
1966	(d)(c)  The following registration periods and renewal
1967	periods are established:
1968	1.  For vessels owned by individuals, the registration
1969	period begins the first day of the birth month of the owner and
1970	ends the last day of the month immediately preceding the owner's
1971	birth month in the succeeding year. If the vessel is registered
1972	in the name of more than one person, the birth month of the
1973	person whose name first appears on the registration shall be
1974	used to determine the registration period. For a vessel subject
1975	to this registration period, the renewal period is the 30-day
1976	period ending at midnight on the vessel owner's date of birth.
1977	2.  For vessels owned by companies, corporations,
1978	governmental entities, and registrations issued to dealers and
1979	manufacturers, the registration period begins July 1 and ends
1980	June 30. The renewal period is the 30-day period beginning June
1981	1.
1982	(e)  Registration fees shall be prorated on a monthly basis
1983	when the registration period is other than 12 months or 24
1984	months. An annual registration may not exceed 15 months and a
1985	biennial registration may not exceed 27 months.
1986	Section 37.  Section 328.80, Florida Statutes, is amended
1987	to read:
1988	328.80  Transactions by electronic or telephonic means.--
1989	(1)  The department may commission is authorized to accept
1990	any application provided for under this chapter by electronic or
1991	telephonic means.
1992	(2)  The department may collect and use e-mail addresses of
1993	vessel owners and registrants as a notification method in lieu
1994	of the United States Postal Service.
1995	Section 38.  This act shall take effect July 1, 2009.

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