| 1 | A bill to be entitled |
| 2 | An act relating to highway safety and motor vehicles; |
| 3 | providing for the implementation of a certain litigation |
| 4 | settlement; providing eligibility and procedures to |
| 5 | collect a credit on new or renewal registrations; |
| 6 | providing a funding mechanism for the credit; requiring |
| 7 | the credit amounts to be deducted from specified moneys |
| 8 | deposited into the General Revenue Fund; authorizing |
| 9 | recipients to return the credit; providing that the |
| 10 | credits are contingent on court approval of a final |
| 11 | settlement; providing for expiration; reenacting and |
| 12 | amending s. 20.24, F.S., relating to creation and |
| 13 | organization of the Department of Highway Safety and Motor |
| 14 | Vehicles; removing a provision for a Bureau of Motor |
| 15 | Vehicle Inspection within the department; amending s. |
| 16 | 316.003, F.S.; revising the definition of the term |
| 17 | "motorcycle" to include tri-vehicles; defining the term |
| 18 | "tri-vehicle" for purposes of the Florida Uniform Traffic |
| 19 | Control Law; amending s. 316.0741, F.S.; revising the |
| 20 | definition of the term "hybrid vehicle" to include tri- |
| 21 | vehicles that are inherently low-emission vehicles; |
| 22 | amending s. 316.126, F.S.; requiring drivers of vehicles |
| 23 | to behave in a specified fashion when approaching |
| 24 | emergency vehicles or wreckers; amending s. 316.2085, |
| 25 | F.S.; revising requirements for motorcycle and moped |
| 26 | license tags; prohibiting devices and methods that conceal |
| 27 | or obscure the license tag; amending s. 316.2122, F.S.; |
| 28 | authorizing mini truck operation on local roads and urban |
| 29 | minor arterial roads with specified restrictions; amending |
| 30 | s. 319.30, F.S.; revising the definitions of the terms |
| 31 | "certificate of title," "derelict motor vehicle," and |
| 32 | "derelict motor vehicle certificate"; defining the term |
| 33 | "seller"; revising provisions for a derelict motor vehicle |
| 34 | to be dismantled or converted to scrap metal; requiring |
| 35 | derelict vehicle certificate applications received by |
| 36 | salvage motor vehicle dealers and secondary metals |
| 37 | recyclers to contain the identification card number of the |
| 38 | seller or owner; providing that towing operators may not |
| 39 | use a derelict motor vehicle certificate application to |
| 40 | transport, sell, or dispose of a motor vehicle at a |
| 41 | salvage motor vehicle dealer or metal recycler without |
| 42 | obtaining the title or certificate of destruction; |
| 43 | providing penalties; amending s. 320.01, F.S.; revising |
| 44 | the definition of the term "motorcycle"; defining the term |
| 45 | "mini truck"; amending s. 320.08, F.S.; providing an |
| 46 | annual license tax for the operation of tri-vehicles; |
| 47 | creating s. 320.0847, F.S.; providing for issuance of |
| 48 | license plates for low-speed vehicles and mini trucks; |
| 49 | amending s. 320.0848, F.S.; providing that a certifying |
| 50 | physician may sign a parking permit application on behalf |
| 51 | of a disabled person unable to physically visit a driver |
| 52 | license or tax collector's office; amending s. 322.01, |
| 53 | F.S.; revising the definition of the term "motorcycle" to |
| 54 | include tri-vehicles; defining the term "tri-vehicle" as |
| 55 | used in provisions for driver's licenses; amending s. |
| 56 | 322.0261, F.S.; requiring the department to screen crash |
| 57 | reports to identify a third crash by the same operator |
| 58 | within a specified period after the driver's first crash; |
| 59 | requiring a driver who is convicted of or who pleads nolo |
| 60 | contendere to a traffic offense giving rise to three or |
| 61 | more crashes within a specified period to attend a |
| 62 | department-approved driver improvement course in order to |
| 63 | maintain his or her driving privileges; providing for |
| 64 | content of the driving course; requiring successful |
| 65 | completion of a behind-the-wheel examination; requiring |
| 66 | that the department cancel an operator's driver's license |
| 67 | if the operator fails to complete the course within a |
| 68 | specified time; amending s. 322.03, F.S.; providing for |
| 69 | part-time residents of the state to be issued a license |
| 70 | that is valid within this state only and continue to hold |
| 71 | such license until the next regularly scheduled renewal; |
| 72 | providing a termination date for Florida-only licenses; |
| 73 | amending s. 322.08, F.S.; prohibiting the department from |
| 74 | issuing a driver's license or identification card to an |
| 75 | applicant if the applicant holds a valid driver's license |
| 76 | or identification card issued by any state; amending s. |
| 77 | 322.125, F.S.; directing the department to adopt rules |
| 78 | with respect to its Medical Advisory Board; amending s. |
| 79 | 322.271, F.S.; authorizing the department to modify a |
| 80 | revocation, cancellation, or suspension order; providing |
| 81 | that the department may waive the hearing process for |
| 82 | suspensions and revocations upon request by the driver |
| 83 | under certain circumstances; amending s. 322.64, F.S.; |
| 84 | providing for disqualification of a driver of a commercial |
| 85 | motor vehicle for certain violations; providing effective |
| 86 | dates. |
| 87 |
|
| 88 | Be It Enacted by the Legislature of the State of Florida: |
| 89 |
|
| 90 | Section 1. Implementation of litigation settlement |
| 91 | provisions of Collier v. Dickinson.-- |
| 92 | (1) Any person who held a driver's license, identification |
| 93 | card, or motor vehicle registration that was valid between June |
| 94 | 1, 2000, and September 30, 2004, is eligible to receive a single |
| 95 | $1 credit on a new or renewed motor vehicle registration between |
| 96 | July 1, 2009, and June 30, 2010. |
| 97 | (2) Notwithstanding the provisions of s. 320.08046, |
| 98 | Florida Statutes, the 58 percent of the surcharge levied under |
| 99 | s. 320.08046, Florida Statutes, that is to be deposited into the |
| 100 | General Revenue Fund pursuant to that section shall be used to |
| 101 | fund the $1 credit authorized in subsection (1). |
| 102 | (3) Eligible recipients may elect to return their credit. |
| 103 | (4) The Department of Highway Safety and Motor Vehicles |
| 104 | may only allow the credits authorized in subsection (1) if the |
| 105 | United States District Court for the Southern District of |
| 106 | Florida grants an order finally approving the settlement |
| 107 | agreement in Collier, et al. v. Dickinson, et al., case number |
| 108 | 04-21351-DV-JEM. |
| 109 | (5) This section takes effect upon this act becoming a law |
| 110 | and expires July 1, 2011. |
| 111 | Section 2. Section 20.24, Florida Statutes, is reenacted |
| 112 | and amended to read: |
| 113 | 20.24 Department of Highway Safety and Motor |
| 114 | Vehicles.--There is created a Department of Highway Safety and |
| 115 | Motor Vehicles. |
| 116 | (1) The head of the Department of Highway Safety and Motor |
| 117 | Vehicles is the Governor and Cabinet. |
| 118 | (2) The following divisions, and bureaus within the |
| 119 | divisions, of the Department of Highway Safety and Motor |
| 120 | Vehicles are established: |
| 121 | (a) Division of the Florida Highway Patrol. |
| 122 | (b) Division of Driver Licenses. |
| 123 | (c) Division of Motor Vehicles. |
| 124 | 1. Bureau of Motor Vehicle Inspection. |
| 125 | Section 3. Section 320.08046, Florida Statutes, reads: |
| 126 | 320.08046 Surcharge on license tax; General Revenue |
| 127 | Fund.--There is levied on each license tax imposed under s. |
| 128 | 320.08, except those set forth in s. 320.08(11), a surcharge in |
| 129 | the amount of $1, which shall be collected in the same manner as |
| 130 | the license tax. Of the proceeds of the license tax surcharge, |
| 131 | 58 percent shall be deposited into the General Revenue Fund and |
| 132 | 42 percent shall be deposited into the Grants and Donations |
| 133 | Trust Fund in the Department of Juvenile Justice to fund the |
| 134 | community juvenile justice partnership grants program. |
| 135 | Section 4. Effective September 1, 2009, subsection (22) of |
| 136 | section 316.003, Florida Statutes, is amended, and subsection |
| 137 | (86) is added to that section, to read: |
| 138 | 316.003 Definitions.--The following words and phrases, |
| 139 | when used in this chapter, shall have the meanings respectively |
| 140 | ascribed to them in this section, except where the context |
| 141 | otherwise requires: |
| 142 | (22) MOTORCYCLE.--Any motor vehicle having a seat or |
| 143 | saddle for the use of the rider and designed to travel on not |
| 144 | more than three wheels in contact with the ground, but excluding |
| 145 | a tractor, or a moped, or tri-vehicle. |
| 146 | (86) TRI-VEHICLE.--An enclosed three-wheeled passenger |
| 147 | vehicle that is designed to operate with three wheels in contact |
| 148 | with the ground; has a minimum unladen weight of 900 pounds; has |
| 149 | a single, completely enclosed, occupant compartment; is produced |
| 150 | by its manufacturer in a minimum quantity of 300 in any calendar |
| 151 | year; and is equipped with: |
| 152 | (a) Seats that are certified by the vehicle manufacturer |
| 153 | to meet the requirements of Federal Motor Vehicle Safety |
| 154 | Standard No. 207, Seating Systems, Title 49, C.F.R. s. 571.207. |
| 155 | (b) A steering wheel used to maneuver the vehicle. |
| 156 | (c) A propulsion unit located either forward or aft of the |
| 157 | enclosed occupant compartment. |
| 158 | (d) A seat belt for each vehicle occupant certified to |
| 159 | meet the requirements of Federal Motor Vehicle Safety Standard |
| 160 | No. 209, Seat Belt Assemblies, Title 49, C.F.R. s. 571.209. |
| 161 | (e) A windshield and appropriate windshield wipers meeting |
| 162 | the requirements of Federal Motor Vehicle Safety Standard No. |
| 163 | 205, Glazing Materials, Title 49, C.F.R. s. 571.205 and Federal |
| 164 | Motor Vehicle Safety Standard No. 212, Windshield Wiper |
| 165 | Assemblies, Title 49, C.F.R. s. 571.212. |
| 166 | (f) A vehicle structure certified by the vehicle |
| 167 | manufacturer to meet the requirements of Federal Motor Vehicle |
| 168 | Safety Standard No. 216, Roof Crush Resistance, Title 49, C.F.R. |
| 169 | s. 571.216. |
| 170 | Section 5. Effective September 1, 2009, subsection (1) of |
| 171 | section 316.0741, Florida Statutes, is amended to read: |
| 172 | 316.0741 High-occupancy-vehicle lanes.-- |
| 173 | (1) As used in this section, the term: |
| 174 | (a) "High-occupancy-vehicle lane" or "HOV lane" means a |
| 175 | lane of a public roadway designated for use by vehicles in which |
| 176 | there is more than one occupant unless otherwise authorized by |
| 177 | federal law. |
| 178 | (b) "Hybrid vehicle" means a motor vehicle: |
| 179 | 1. That draws propulsion energy from onboard sources of |
| 180 | stored energy which are both an internal combustion or heat |
| 181 | engine using combustible fuel and a rechargeable energy-storage |
| 182 | system; and |
| 183 | 2. That, in the case of a passenger automobile or light |
| 184 | truck, has received a certificate of conformity under the Clean |
| 185 | Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the |
| 186 | equivalent qualifying California standards for a low-emission |
| 187 | vehicle; or |
| 188 | 2. That, in the case of a tri-vehicle, is an inherently |
| 189 | low-emission vehicle (ILEV) in accordance with subsection (4). |
| 190 | Section 6. Subsection (1) of section 316.126, Florida |
| 191 | Statutes, is amended to read: |
| 192 | 316.126 Operation of vehicles and actions of pedestrians |
| 193 | on approach of authorized emergency vehicle.-- |
| 194 | (1)(a) Upon the immediate approach of an authorized |
| 195 | emergency vehicle, while en route to meet an existing emergency, |
| 196 | the driver of every other vehicle shall, when such emergency |
| 197 | vehicle is giving audible signals by siren, exhaust whistle, or |
| 198 | other adequate device, or visible signals by the use of |
| 199 | displayed blue or red lights, yield the right-of-way to the |
| 200 | emergency vehicle and shall immediately proceed to a position |
| 201 | parallel to, and as close as reasonable to the closest edge of |
| 202 | the curb of the roadway, clear of any intersection and shall |
| 203 | stop and remain in position until the authorized emergency |
| 204 | vehicle has passed, unless otherwise directed by any law |
| 205 | enforcement officer. |
| 206 | (b) When an authorized emergency vehicle making use of any |
| 207 | visual signals is parked or a wrecker displaying amber rotating |
| 208 | or flashing lights is performing a recovery or loading on the |
| 209 | roadside, the driver of every other vehicle, as soon as it is |
| 210 | safe: |
| 211 | 1. Shall vacate the lane closest to the emergency vehicle |
| 212 | or wrecker when driving on an interstate highway or other |
| 213 | highway with two or more lanes traveling in the direction of the |
| 214 | emergency vehicle or wrecker, except when otherwise directed by |
| 215 | a law enforcement officer. If such movement cannot be safely |
| 216 | accomplished, the driver shall reduce speed as provided in |
| 217 | subparagraph 2. |
| 218 | 2. Shall slow to a speed that is 20 miles per hour less |
| 219 | than the posted speed limit when the posted speed limit is 25 |
| 220 | miles per hour or greater; or travel at 5 miles per hour when |
| 221 | the posted speed limit is 20 miles per hour or less, when |
| 222 | driving on a two-lane road, except when otherwise directed by a |
| 223 | law enforcement officer. |
| 224 | (c) The Department of Highway Safety and Motor Vehicles |
| 225 | shall provide an educational awareness campaign informing the |
| 226 | motoring public about the Move Over Act. The department shall |
| 227 | provide information about the Move Over Act in all newly printed |
| 228 | driver's license educational materials after July 1, 2002. |
| 229 |
|
| 230 | This section does shall not relieve the driver of an authorized |
| 231 | emergency vehicle from the duty to drive with due regard for the |
| 232 | safety of all persons using the highway. |
| 233 | Section 7. Subsection (3) of section 316.2085, Florida |
| 234 | Statutes, is amended to read: |
| 235 | 316.2085 Riding on motorcycles or mopeds.-- |
| 236 | (3) The license tag of a motorcycle or moped must be |
| 237 | permanently affixed horizontally to the vehicle ground and may |
| 238 | not be adjusted or capable of being flipped up. A device for or |
| 239 | method of concealing or obscuring the legibility of the license |
| 240 | tag of a motorcycle may not be installed or used. |
| 241 | Section 8. Section 316.2122, Florida Statutes, is amended |
| 242 | to read: |
| 243 | 316.2122 Operation of a low-speed vehicle or mini truck on |
| 244 | certain roadways.--The operation of a low-speed vehicle, as |
| 245 | defined in s. 320.01(42), or a mini truck as defined in s. |
| 246 | 320.01(45) on any road as defined in s. 334.03(15) or (33), is |
| 247 | authorized with the following restrictions: |
| 248 | (1) A low-speed vehicle or mini truck may be operated only |
| 249 | on streets where the posted speed limit is 35 miles per hour or |
| 250 | less. This does not prohibit a low-speed vehicle or mini truck |
| 251 | from crossing a road or street at an intersection where the road |
| 252 | or street has a posted speed limit of more than 35 miles per |
| 253 | hour. |
| 254 | (2) A low-speed vehicle must be equipped with headlamps, |
| 255 | stop lamps, turn signal lamps, taillamps, reflex reflectors, |
| 256 | parking brakes, rearview mirrors, windshields, seat belts, and |
| 257 | vehicle identification numbers. |
| 258 | (3) A low-speed vehicle or mini truck must be registered |
| 259 | and insured in accordance with s. 320.02 and titled pursuant to |
| 260 | chapter 319. |
| 261 | (4) Any person operating a low-speed vehicle or mini truck |
| 262 | must have in his or her possession a valid driver's license. |
| 263 | (5) A county or municipality may prohibit the operation of |
| 264 | low-speed vehicles or mini trucks on any road under its |
| 265 | jurisdiction if the governing body of the county or municipality |
| 266 | determines that such prohibition is necessary in the interest of |
| 267 | safety. |
| 268 | (6) The Department of Transportation may prohibit the |
| 269 | operation of low-speed vehicles or mini trucks on any road under |
| 270 | its jurisdiction if it determines that such prohibition is |
| 271 | necessary in the interest of safety. |
| 272 | Section 9. Effective July 1, 2009, paragraphs (c), (e), |
| 273 | and (f) of subsection (1), paragraphs (b) and (c) of subsection |
| 274 | (2), and paragraph (a) of subsection (7) of section 319.30, |
| 275 | Florida Statutes, are amended, paragraphs (f) and (g) of |
| 276 | subsection (8) are redesignated as paragraphs (g) and (h), |
| 277 | respectively, a new paragraph (f) is added to subsection (8), |
| 278 | and paragraph (v) is added to subsection (1) of that section, to |
| 279 | read: |
| 280 | 319.30 Definitions; dismantling, destruction, change of |
| 281 | identity of motor vehicle or mobile home; salvage.-- |
| 282 | (1) As used in this section, the term: |
| 283 | (c) "Certificate of title" means a record that serves as |
| 284 | evidence of ownership of a vehicle, whether such record is a |
| 285 | paper certificate authorized by the department or by another |
| 286 | motor vehicle department authorized to issue titles in another |
| 287 | state or a certificate consisting of information stored in |
| 288 | electronic form in the department's database. |
| 289 | (e) "Derelict motor vehicle" means any motor vehicle as |
| 290 | defined in s. 320.01(1) or mobile home as defined in s. |
| 291 | 320.01(2), with or without all parts, major parts, or major |
| 292 | component parts, which is valued under $1,000, is at least 10 |
| 293 | model years old beginning with the model year of the vehicle |
| 294 | being year 1, and is in such condition that its highest or |
| 295 | primary value is for sale, transport, or delivery to a licensed |
| 296 | salvage motor vehicle dealer or registered secondary metals |
| 297 | recycler for dismantling its component parts or conversion to |
| 298 | scrap metal. |
| 299 | (f) "Derelict motor vehicle certificate" means a |
| 300 | certificate issued by the department which serves as evidence |
| 301 | that a derelict motor vehicle will be dismantled or converted to |
| 302 | scrap metal. The certificate is obtained by completing a |
| 303 | derelict motor vehicle certificate application authorized by the |
| 304 | department completed by the derelict motor vehicle owner, the |
| 305 | owner's authorized transporter when different from the owner, |
| 306 | and the licensed salvage motor vehicle dealer or the registered |
| 307 | secondary metals recycler and submitted to the department for |
| 308 | cancellation of the title record of the derelict motor vehicle. |
| 309 | A derelict motor vehicle certificate may be reassigned only one |
| 310 | time if the derelict motor vehicle certificate was completed by |
| 311 | a licensed salvage motor vehicle dealer and the derelict motor |
| 312 | vehicle was sold to a secondary metals recycler. |
| 313 | (v) "Seller" means a person who has physical possession of |
| 314 | and responsibility for a derelict motor vehicle and attests that |
| 315 | all attempts to locate the lawful titled owner have been |
| 316 | exhausted. A seller does not include a towing company, a repair |
| 317 | shop, or a landlord unless such company, shop, or landlord has |
| 318 | obtained a certificate of title, salvage certificate of title, |
| 319 | or certificate of destruction in its own name. |
| 320 | (2) |
| 321 | (b)1. When a motor vehicle, recreational vehicle, or |
| 322 | mobile home is sold, transported, or delivered to a salvage |
| 323 | motor vehicle dealer, it shall be accompanied by: |
| 324 | a. A valid certificate of title issued in the name of the |
| 325 | seller or properly endorsed, as required in s. 319.22, over to |
| 326 | the seller; |
| 327 | b. A valid salvage certificate of title issued in the name |
| 328 | of the seller or properly endorsed, as required in s. 319.22, |
| 329 | over to the seller; or |
| 330 | c. A valid certificate of destruction issued in the name |
| 331 | of the seller or properly endorsed over to the seller. |
| 332 | 2. Any person who willfully and deliberately violates this |
| 333 | paragraph by selling, transporting, delivering, purchasing, or |
| 334 | receiving a motor vehicle, recreational vehicle, or mobile home |
| 335 | without obtaining a properly endorsed certificate of title, |
| 336 | salvage certificate of title, or certificate of destruction from |
| 337 | the owner commits a felony of the third degree, punishable as |
| 338 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 339 | (c)1. When a derelict motor vehicle is sold, transported, |
| 340 | or delivered to a licensed salvage motor vehicle dealer, the |
| 341 | purchaser shall record the date of purchase and the name, |
| 342 | address, and personal identification card number of the person |
| 343 | selling the derelict motor vehicle, and it shall be accompanied |
| 344 | by: |
| 345 | a. A valid certificate of title issued in the name of the |
| 346 | seller or properly endorsed, as required in s. 319.22, over to |
| 347 | the seller; |
| 348 | b. A valid salvage certificate of title issued in the name |
| 349 | of the seller or properly endorsed, as required in s. 319.22, |
| 350 | over to the seller; or |
| 351 | c. A valid certificate of destruction issued in the name |
| 352 | of the seller or properly endorsed over to the seller. |
| 353 | 2. If the certificate of title, salvage certificate of |
| 354 | title, or certificate of destruction is not available, a |
| 355 | derelict motor vehicle certificate application shall be |
| 356 | completed by the seller or owner of the motor vehicle or mobile |
| 357 | home, the seller's or owner's authorized transporter, and the |
| 358 | licensed salvage motor vehicle dealer at the time of sale, |
| 359 | transport, or delivery to the licensed salvage motor vehicle |
| 360 | dealer. The derelict motor vehicle certificate application shall |
| 361 | be used by the seller or owner, the seller's or owner's |
| 362 | authorized transporter, and the licensed salvage motor vehicle |
| 363 | dealer to obtain a derelict motor vehicle certificate from the |
| 364 | department. The identifying number on the personal |
| 365 | identification card of the seller or owner must be recorded on |
| 366 | the derelict motor vehicle certificate application. The derelict |
| 367 | motor vehicle certificate application must be accompanied by a |
| 368 | copy of the seller's or owner's personal identification card if |
| 369 | the personal identification card is not a driver's license or |
| 370 | identification card issued by this state. The licensed salvage |
| 371 | motor vehicle dealer shall secure the motor vehicle or mobile |
| 372 | home for 3 full business days, excluding weekends and holidays, |
| 373 | before destroying or dismantling the derelict motor vehicle and |
| 374 | shall follow all reporting procedures established by the |
| 375 | department, including electronic notification to the department |
| 376 | or delivery of the original derelict motor vehicle certificate |
| 377 | application to an agent of the department within 24 hours after |
| 378 | receiving the derelict motor vehicle. |
| 379 | 3. Any person who willfully and deliberately violates this |
| 380 | paragraph by selling, transporting, delivering, purchasing, or |
| 381 | receiving a derelict motor vehicle without obtaining a |
| 382 | certificate of title, salvage certificate of title, certificate |
| 383 | of destruction, or derelict motor vehicle certificate |
| 384 | application; enters false or fictitious information on a |
| 385 | derelict motor vehicle certificate application; does not |
| 386 | complete the derelict motor vehicle certificate application as |
| 387 | required; does not obtain a copy of the seller's or owner's |
| 388 | personal identification card when required; or does not make the |
| 389 | required notification to the department; or destroys or |
| 390 | dismantles a derelict motor vehicle without waiting the required |
| 391 | 3 full business days commits a felony of the third degree, |
| 392 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 393 | (7)(a) In the event of a purchase by a secondary metals |
| 394 | recycler, that has been issued a certificate of registration |
| 395 | number, of: |
| 396 | 1. Materials, prepared materials, or parts from any seller |
| 397 | for purposes other than the processing of such materials, |
| 398 | prepared materials, or parts, the purchaser shall obtain such |
| 399 | documentation as may be required by this section and shall |
| 400 | record the seller's name and address, date of purchase, and the |
| 401 | personal identification card number of the person delivering |
| 402 | such items. |
| 403 | 2. Parts or prepared materials from any seller for |
| 404 | purposes of the processing of such parts or prepared materials, |
| 405 | the purchaser shall record the seller's name and address and |
| 406 | date of purchase and, in the event of a purchase transaction |
| 407 | consisting primarily of parts or prepared materials, the |
| 408 | personal identification card number of the person delivering |
| 409 | such items. |
| 410 | 3. Materials from another secondary metals recycler for |
| 411 | purposes of the processing of such materials, the purchaser |
| 412 | shall record the seller's name and address and date of purchase. |
| 413 | 4.a. Motor vehicles, recreational vehicles, mobile homes, |
| 414 | or derelict motor vehicles from other than a secondary metals |
| 415 | recycler for purposes of the processing of such motor vehicles, |
| 416 | recreational vehicles, mobile homes, or derelict motor vehicles, |
| 417 | the purchaser shall record the date of purchase and the name, |
| 418 | address, and personal identification card number of the person |
| 419 | selling such items and shall obtain the following documentation |
| 420 | from the seller with respect to each item purchased: |
| 421 | (I) A valid certificate of title issued in the name of the |
| 422 | seller or properly endorsed, as required in s. 319.22, over to |
| 423 | the seller; |
| 424 | (II) A valid salvage certificate of title issued in the |
| 425 | name of the seller or properly endorsed, as required in s. |
| 426 | 319.22, over to the seller; |
| 427 | (III)(II) A valid certificate of destruction issued in the |
| 428 | name of the seller or properly endorsed over to the seller; or |
| 429 | (IV)(III) A valid derelict motor vehicle certificate |
| 430 | obtained from the department completed by a licensed salvage |
| 431 | motor vehicle dealer and properly reassigned to the secondary |
| 432 | metals recycler. |
| 433 | b. If a valid certificate of title, salvage certificate of |
| 434 | title, certificate of destruction, or derelict motor vehicle |
| 435 | certificate is not available and the motor vehicle or mobile |
| 436 | home is a derelict motor vehicle, a derelict motor vehicle |
| 437 | certificate application shall be completed by the seller or |
| 438 | owner of the motor vehicle or mobile home, the seller's or |
| 439 | owner's authorized transporter, and the registered secondary |
| 440 | metals recycler at the time of sale, transport, or delivery to |
| 441 | the registered secondary metals recycler. The derelict motor |
| 442 | vehicle certificate application shall be used by the seller or |
| 443 | owner, the seller's or owner's authorized transporter, and the |
| 444 | registered secondary metals recycler to obtain a derelict motor |
| 445 | vehicle certificate from the department. The identifying number |
| 446 | on the personal identification card of the seller or owner must |
| 447 | be recorded on the derelict motor vehicle certificate |
| 448 | application. The derelict motor vehicle certificate application |
| 449 | must be accompanied by a copy of the seller's or owner's |
| 450 | personal identification card if the personal identification card |
| 451 | is not a driver's license or identification card issued by this |
| 452 | state. The registered secondary metals recycler shall secure the |
| 453 | derelict motor vehicle for 3 full business days, excluding |
| 454 | weekends and holidays, before destroying or dismantling the |
| 455 | derelict motor vehicle and shall follow all reporting procedures |
| 456 | established by the department, including electronic notification |
| 457 | to the department or delivery of the original derelict motor |
| 458 | vehicle certificate application to an agent of the department |
| 459 | within 24 hours after receiving the derelict motor vehicle. |
| 460 | c. Any person who willfully and deliberately violates this |
| 461 | subparagraph by selling, transporting, delivering, purchasing, |
| 462 | or receiving a motor vehicle, recreational motor vehicle, mobile |
| 463 | home, or derelict motor vehicle without obtaining a certificate |
| 464 | of title, salvage certificate of title, certificate of |
| 465 | destruction, or derelict motor vehicle certificate, or derelict |
| 466 | motor vehicle certificate application; enters false or |
| 467 | fictitious information on a derelict motor vehicle certificate |
| 468 | application; does not complete the derelict motor vehicle |
| 469 | certificate application as required; does not obtain a copy of |
| 470 | the seller's or owner's personal identification card when |
| 471 | required; or does not make the required notification to the |
| 472 | department; or destroys or dismantles a derelict motor vehicle |
| 473 | without waiting the required 3 full business days commits a |
| 474 | felony of the third degree, punishable as provided in s. |
| 475 | 775.082, s. 775.083, or s. 775.084. |
| 476 | 5. Major parts from other than a secondary metals recycler |
| 477 | for purposes of the processing of such major parts, the |
| 478 | purchaser shall record the seller's name, address, date of |
| 479 | purchase, and the personal identification card number of the |
| 480 | person delivering such items, as well as the vehicle |
| 481 | identification number, if available, of each major part |
| 482 | purchased. |
| 483 | (8) |
| 484 | (f) This section does not authorize any person who is |
| 485 | engaged in the business of recovering, towing, or storing |
| 486 | vehicles pursuant to s. 713.78 and claims a lien for performing |
| 487 | labor or services on a motor vehicle or mobile home pursuant to |
| 488 | s. 713.58 or claims a motor vehicle or mobile home has remained |
| 489 | on a premises after tenancy has terminated pursuant to s. |
| 490 | 715.104 to use a derelict motor vehicle certificate application |
| 491 | for the purpose of transporting, selling, or disposing of a |
| 492 | motor vehicle at a salvage motor vehicle dealer or metal |
| 493 | recycler without obtaining the title or certificate of |
| 494 | destruction required under s. 713.58, s. 713.78, or s. 715.104. |
| 495 | Any person who transports, sells, or disposes of any motor |
| 496 | vehicle or mobile home that was recovered, towed, or stored |
| 497 | pursuant to s. 713.78 and claims a lien for performing labor or |
| 498 | services on a motor vehicle or mobile home pursuant to s. 713.58 |
| 499 | or claims a motor vehicle or mobile home has remained on a |
| 500 | premises after tenancy has terminated pursuant to s. 715.104 |
| 501 | with a derelict motor vehicle certificate application commits a |
| 502 | felony of the third degree, punishable as provided in s. |
| 503 | 775.082, s. 775.083, or s. 775.084. |
| 504 | (g)(f) The department is authorized to adopt rules |
| 505 | pursuant to ss. 120.536(1) and 120.54 establishing policies and |
| 506 | procedures to administer and enforce this section. |
| 507 | (h)(g) The department shall charge a fee of $3 for each |
| 508 | derelict motor vehicle certificate delivered to the department |
| 509 | or one of its agents for processing and shall mark the title |
| 510 | record canceled. A service charge may be collected under s. |
| 511 | 320.04. |
| 512 | (9) Except as otherwise provided in this section, any |
| 513 | person who violates this section commits a felony of the third |
| 514 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 515 | 775.084. |
| 516 | Section 10. Subsection (27) of section 320.01, Florida |
| 517 | Statutes, is amended, and subsection (45) is added to that |
| 518 | section, to read: |
| 519 | 320.01 Definitions, general.--As used in the Florida |
| 520 | Statutes, except as otherwise provided, the term: |
| 521 | (27) "Motorcycle" means any motor vehicle having a seat or |
| 522 | saddle for the use of the rider and designed to travel on not |
| 523 | more than three wheels in contact with the ground, but excluding |
| 524 | a tractor, a moped, or a vehicle in which the operator is |
| 525 | enclosed by a cabin unless it meets the requirements set forth |
| 526 | by the National Highway Traffic Safety Administration for a |
| 527 | motorcycle. The term "motorcycle" does not include a tractor or |
| 528 | a moped. |
| 529 | (45) "Mini truck" means any four-wheeled, reduced- |
| 530 | dimension truck that does not have a National Highway Traffic |
| 531 | Safety Administration truck classification, with a top speed of |
| 532 | 55 miles per hour, and which is equipped with headlamps, stop |
| 533 | lamps, turn signal lamps, taillamps, reflex reflectors, parking |
| 534 | brakes, rearview mirrors, windshields, and seat belts. |
| 535 | Section 11. Effective September 1, 2009, section 320.08, |
| 536 | Florida Statutes, is amended to read: |
| 537 | 320.08 License taxes.--Except as otherwise provided |
| 538 | herein, there are hereby levied and imposed annual license taxes |
| 539 | for the operation of motor vehicles, mopeds, motorized bicycles |
| 540 | as defined in s. 316.003(2), tri-vehicles, and mobile homes, as |
| 541 | defined in s. 320.01, which shall be paid to and collected by |
| 542 | the department or its agent upon the registration or renewal of |
| 543 | registration of the following: |
| 544 | (1) MOTORCYCLES AND MOPEDS.-- |
| 545 | (a) Any motorcycle: $10 flat. |
| 546 | (b) Any moped: $5 flat. |
| 547 | (c) Upon registration of any motorcycle, motor-driven |
| 548 | cycle, or moped there shall be paid in addition to the license |
| 549 | taxes specified in this subsection a nonrefundable motorcycle |
| 550 | safety education fee in the amount of $2.50. The proceeds of |
| 551 | such additional fee shall be deposited in the Highway Safety |
| 552 | Operating Trust Fund to fund a motorcycle driver improvement |
| 553 | program implemented pursuant to s. 322.025, the Florida |
| 554 | Motorcycle Safety Education Program established in s. 322.0255, |
| 555 | or the general operations of the department. |
| 556 | (d) An ancient or antique motorcycle: $10 flat. |
| 557 | (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.-- |
| 558 | (a) An ancient or antique automobile, as defined in s. |
| 559 | 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat. |
| 560 | (b) Net weight of less than 2,500 pounds: $14.50 flat. |
| 561 | (c) Net weight of 2,500 pounds or more, but less than |
| 562 | 3,500 pounds: $22.50 flat. |
| 563 | (d) Net weight of 3,500 pounds or more: $32.50 flat. |
| 564 | (3) TRUCKS.-- |
| 565 | (a) Net weight of less than 2,000 pounds: $14.50 flat. |
| 566 | (b) Net weight of 2,000 pounds or more, but not more than |
| 567 | 3,000 pounds: $22.50 flat. |
| 568 | (c) Net weight more than 3,000 pounds, but not more than |
| 569 | 5,000 pounds: $32.50 flat. |
| 570 | (d) A truck defined as a "goat," or any other vehicle when |
| 571 | used in the field by a farmer or in the woods for the purpose of |
| 572 | harvesting a crop, including naval stores, during such |
| 573 | harvesting operations, and which is not principally operated |
| 574 | upon the roads of the state: $7.50 flat. A "goat" is a motor |
| 575 | vehicle designed, constructed, and used principally for the |
| 576 | transportation of citrus fruit within citrus groves or for the |
| 577 | transportation of crops on farms, and which can also be used for |
| 578 | the hauling of associated equipment or supplies, including |
| 579 | required sanitary equipment, and the towing of farm trailers. |
| 580 | (e) An ancient or antique truck, as defined in s. 320.086: |
| 581 | $7.50 flat. |
| 582 | (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS |
| 583 | VEHICLE WEIGHT.-- |
| 584 | (a) Gross vehicle weight of 5,001 pounds or more, but less |
| 585 | than 6,000 pounds: $45 flat. |
| 586 | (b) Gross vehicle weight of 6,000 pounds or more, but less |
| 587 | than 8,000 pounds: $65 flat. |
| 588 | (c) Gross vehicle weight of 8,000 pounds or more, but less |
| 589 | than 10,000 pounds: $76 flat. |
| 590 | (d) Gross vehicle weight of 10,000 pounds or more, but |
| 591 | less than 15,000 pounds: $87 flat. |
| 592 | (e) Gross vehicle weight of 15,000 pounds or more, but |
| 593 | less than 20,000 pounds: $131 flat. |
| 594 | (f) Gross vehicle weight of 20,000 pounds or more, but |
| 595 | less than 26,001 pounds: $186 flat. |
| 596 | (g) Gross vehicle weight of 26,001 pounds or more, but |
| 597 | less than 35,000: $240 flat. |
| 598 | (h) Gross vehicle weight of 35,000 pounds or more, but |
| 599 | less than 44,000 pounds: $300 flat. |
| 600 | (i) Gross vehicle weight of 44,000 pounds or more, but |
| 601 | less than 55,000 pounds: $572 flat. |
| 602 | (j) Gross vehicle weight of 55,000 pounds or more, but |
| 603 | less than 62,000 pounds: $678 flat. |
| 604 | (k) Gross vehicle weight of 62,000 pounds or more, but |
| 605 | less than 72,000 pounds: $800 flat. |
| 606 | (l) Gross vehicle weight of 72,000 pounds or more: $979 |
| 607 | flat. |
| 608 | (m) Notwithstanding the declared gross vehicle weight, a |
| 609 | truck tractor used within a 150-mile radius of its home address |
| 610 | shall be eligible for a license plate for a fee of $240 flat if: |
| 611 | 1. The truck tractor is used exclusively for hauling |
| 612 | forestry products; or |
| 613 | 2. The truck tractor is used primarily for the hauling of |
| 614 | forestry products, and is also used for the hauling of |
| 615 | associated forestry harvesting equipment used by the owner of |
| 616 | the truck tractor. |
| 617 | (n) A truck tractor or heavy truck, not operated as a for- |
| 618 | hire vehicle, which is engaged exclusively in transporting raw, |
| 619 | unprocessed, and nonmanufactured agricultural or horticultural |
| 620 | products within a 150-mile radius of its home address, shall be |
| 621 | eligible for a restricted license plate for a fee of $65 flat, |
| 622 | if such vehicle's declared gross vehicle weight is less than |
| 623 | 44,000 pounds; or $240 flat, if such vehicle's declared gross |
| 624 | vehicle weight is 44,000 pounds or more and such vehicle only |
| 625 | transports: |
| 626 | 1. From the point of production to the point of primary |
| 627 | manufacture; |
| 628 | 2. From the point of production to the point of assembling |
| 629 | the same; or |
| 630 | 3. From the point of production to a shipping point of |
| 631 | either a rail, water, or motor transportation company. |
| 632 |
|
| 633 | Such not-for-hire truck tractors and heavy trucks used |
| 634 | exclusively in transporting raw, unprocessed, and |
| 635 | nonmanufactured agricultural or horticultural products may be |
| 636 | incidentally used to haul farm implements and fertilizers when |
| 637 | delivered direct to the growers. The department may require any |
| 638 | such documentation deemed necessary to determine eligibility |
| 639 | prior to issuance of this license plate. For the purpose of this |
| 640 | paragraph, "not-for-hire" means the owner of the motor vehicle |
| 641 | must also be the owner of the raw, unprocessed, and |
| 642 | nonmanufactured agricultural or horticultural product, or the |
| 643 | user of the farm implements and fertilizer being delivered. |
| 644 | (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; |
| 645 | SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-- |
| 646 | (a)1. A semitrailer drawn by a GVW truck tractor by means |
| 647 | of a fifth-wheel arrangement: $10 flat per registration year or |
| 648 | any part thereof. |
| 649 | 2. A semitrailer drawn by a GVW truck tractor by means of |
| 650 | a fifth-wheel arrangement: $50 flat per permanent registration. |
| 651 | (b) A motor vehicle equipped with machinery and designed |
| 652 | for the exclusive purpose of well drilling, excavation, |
| 653 | construction, spraying, or similar activity, and which is not |
| 654 | designed or used to transport loads other than the machinery |
| 655 | described above over public roads: $32.50 flat. |
| 656 | (c) A school bus used exclusively to transport pupils to |
| 657 | and from school or school or church activities or functions |
| 658 | within their own county: $30 flat. |
| 659 | (d) A wrecker, as defined in s. 320.01(40), which is used |
| 660 | to tow a vessel as defined in s. 327.02(39), a disabled, |
| 661 | abandoned, stolen-recovered, or impounded motor vehicle as |
| 662 | defined in s. 320.01(38), or a replacement motor vehicle as |
| 663 | defined in s. 320.01(39): $30 flat. |
| 664 | (e) A wrecker, as defined in s. 320.01(40), which is used |
| 665 | to tow any motor vehicle, regardless of whether or not such |
| 666 | motor vehicle is a disabled motor vehicle as defined in s. |
| 667 | 320.01(38), a replacement motor vehicle as defined in s. |
| 668 | 320.01(39), a vessel as defined in s. 327.02(39), or any other |
| 669 | cargo, as follows: |
| 670 | 1. Gross vehicle weight of 10,000 pounds or more, but less |
| 671 | than 15,000 pounds: $87 flat. |
| 672 | 2. Gross vehicle weight of 15,000 pounds or more, but less |
| 673 | than 20,000 pounds: $131 flat. |
| 674 | 3. Gross vehicle weight of 20,000 pounds or more, but less |
| 675 | than 26,000 pounds: $186 flat. |
| 676 | 4. Gross vehicle weight of 26,000 pounds or more, but less |
| 677 | than 35,000 pounds: $240 flat. |
| 678 | 5. Gross vehicle weight of 35,000 pounds or more, but less |
| 679 | than 44,000 pounds: $300 flat. |
| 680 | 6. Gross vehicle weight of 44,000 pounds or more, but less |
| 681 | than 55,000 pounds: $572 flat. |
| 682 | 7. Gross vehicle weight of 55,000 pounds or more, but less |
| 683 | than 62,000 pounds: $678 flat. |
| 684 | 8. Gross vehicle weight of 62,000 pounds or more, but less |
| 685 | than 72,000 pounds: $800 flat. |
| 686 | 9. Gross vehicle weight of 72,000 pounds or more: $979 |
| 687 | flat. |
| 688 | (f) A hearse or ambulance: $30 flat. |
| 689 | (6) MOTOR VEHICLES FOR HIRE.-- |
| 690 | (a) Under nine passengers: $12.50 flat plus $1 per cwt. |
| 691 | (b) Nine passengers and over: $12.50 flat plus $1.50 per |
| 692 | cwt. |
| 693 | (7) TRAILERS FOR PRIVATE USE.-- |
| 694 | (a) Any trailer weighing 500 pounds or less: $5 flat per |
| 695 | year or any part thereof. |
| 696 | (b) Net weight over 500 pounds: $2.50 flat plus 75 cents |
| 697 | per cwt. |
| 698 | (8) TRAILERS FOR HIRE.-- |
| 699 | (a) Net weight under 2,000 pounds: $2.50 flat plus $1 per |
| 700 | cwt. |
| 701 | (b) Net weight 2,000 pounds or more: $10 flat plus $1 per |
| 702 | cwt. |
| 703 | (9) RECREATIONAL VEHICLE-TYPE UNITS.-- |
| 704 | (a) A travel trailer or fifth-wheel trailer, as defined by |
| 705 | s. 320.01(1)(b), that does not exceed 35 feet in length: $20 |
| 706 | flat. |
| 707 | (b) A camping trailer, as defined by s. 320.01(1)(b)2.: |
| 708 | $10 flat. |
| 709 | (c) A motor home, as defined by s. 320.01(1)(b)4.: |
| 710 | 1. Net weight of less than 4,500 pounds: $20 flat. |
| 711 | 2. Net weight of 4,500 pounds or more: $35 flat. |
| 712 | (d) A truck camper as defined by s. 320.01(1)(b)3.: |
| 713 | 1. Net weight of less than 4,500 pounds: $20 flat. |
| 714 | 2. Net weight of 4,500 pounds or more: $35 flat. |
| 715 | (e) A private motor coach as defined by s. 320.01(1)(b)5.: |
| 716 | 1. Net weight of less than 4,500 pounds: $20 flat. |
| 717 | 2. Net weight of 4,500 pounds or more: $35 flat. |
| 718 | (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS; |
| 719 | 35 FEET TO 40 FEET.-- |
| 720 | (a) Park trailers.--Any park trailer, as defined in s. |
| 721 | 320.01(1)(b)7.: $25 flat. |
| 722 | (b) A travel trailer or fifth-wheel trailer, as defined in |
| 723 | s. 320.01(1)(b), that exceeds 35 feet: $25 flat. |
| 724 | (11) MOBILE HOMES.-- |
| 725 | (a) A mobile home not exceeding 35 feet in length: $20 |
| 726 | flat. |
| 727 | (b) A mobile home over 35 feet in length, but not |
| 728 | exceeding 40 feet: $25 flat. |
| 729 | (c) A mobile home over 40 feet in length, but not |
| 730 | exceeding 45 feet: $30 flat. |
| 731 | (d) A mobile home over 45 feet in length, but not |
| 732 | exceeding 50 feet: $35 flat. |
| 733 | (e) A mobile home over 50 feet in length, but not |
| 734 | exceeding 55 feet: $40 flat. |
| 735 | (f) A mobile home over 55 feet in length, but not |
| 736 | exceeding 60 feet: $45 flat. |
| 737 | (g) A mobile home over 60 feet in length, but not |
| 738 | exceeding 65 feet: $50 flat. |
| 739 | (h) A mobile home over 65 feet in length: $80 flat. |
| 740 | (12) DEALER AND MANUFACTURER LICENSE PLATES.--A franchised |
| 741 | motor vehicle dealer, independent motor vehicle dealer, marine |
| 742 | boat trailer dealer, or mobile home dealer and manufacturer |
| 743 | license plate: $12.50 flat. |
| 744 | (13) EXEMPT OR OFFICIAL LICENSE PLATES.--Any exempt or |
| 745 | official license plate: $3 flat. |
| 746 | (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.--A motor |
| 747 | vehicle for hire operated wholly within a city or within 25 |
| 748 | miles thereof: $12.50 flat plus $1.50 per cwt. |
| 749 | (15) TRANSPORTER.--Any transporter license plate issued to |
| 750 | a transporter pursuant to s. 320.133: $75 flat. |
| 751 | Section 12. Section 320.0847, Florida Statutes, is created |
| 752 | to read: |
| 753 | 320.0847 Mini truck and low-speed vehicle license |
| 754 | plates.-- |
| 755 | (1) The department shall issue a license plate to the |
| 756 | owner or lessee of any vehicle registered as a low-speed vehicle |
| 757 | as defined in s. 320.01(42) or a mini truck as defined in s. |
| 758 | 320.01(45) upon payment of the appropriate license taxes and |
| 759 | fees prescribed in s. 320.08. |
| 760 | (2) The license plate for a low-speed vehicle or mini |
| 761 | truck shall comply with the provisions of s. 320.06. |
| 762 | Section 13. Effective November 1, 2009, paragraph (a) of |
| 763 | subsection (2) of section 320.0848, Florida Statutes, is amended |
| 764 | to read: |
| 765 | 320.0848 Persons who have disabilities; issuance of |
| 766 | disabled parking permits; temporary permits; permits for certain |
| 767 | providers of transportation services to persons who have |
| 768 | disabilities.-- |
| 769 | (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM |
| 770 | MOBILITY PROBLEMS.-- |
| 771 | (a) The disabled parking permit is a placard that can be |
| 772 | placed in a motor vehicle so as to be visible from the front and |
| 773 | rear of the vehicle. Each side of the placard must have the |
| 774 | international symbol of accessibility in a contrasting color in |
| 775 | the center so as to be visible. One side of the placard must |
| 776 | display the applicant's driver's license number or state |
| 777 | identification card number along with a warning that the |
| 778 | applicant must have such identification at all times while using |
| 779 | the parking permit. A validation sticker must also be issued |
| 780 | with each disabled parking permit, showing the month and year of |
| 781 | expiration on each side of the placard. Validation stickers must |
| 782 | be of the size specified by the Department of Highway Safety and |
| 783 | Motor Vehicles and must be affixed to the disabled parking |
| 784 | permits. The disabled parking permits must use the same colors |
| 785 | as license plate validations. If the severity of the disability |
| 786 | prevents a disabled person from physically visiting or being |
| 787 | transported to a driver's license or tax collector's office to |
| 788 | obtain a driver's license or identification card, a certifying |
| 789 | physician can sign the exemption section of the department's |
| 790 | parking permit application to exempt the disabled person from |
| 791 | being issued a driver's license or identification card for the |
| 792 | number to be displayed on the parking permit. |
| 793 | Section 14. Effective September 1, 2009, subsection (26) |
| 794 | of section 322.01, Florida Statutes, is amended, and subsection |
| 795 | (46) is added to that section, to read: |
| 796 | 322.01 Definitions.--As used in this chapter: |
| 797 | (26) "Motorcycle" means a motor vehicle powered by a motor |
| 798 | with a displacement of more than 50 cubic centimeters, having a |
| 799 | seat or saddle for the use of the rider, and designed to travel |
| 800 | on not more than three wheels in contact with the ground, but |
| 801 | excluding a tractor, or moped, or tri-vehicle. |
| 802 | (46) "Tri-vehicle" means an enclosed three-wheeled |
| 803 | passenger vehicle that is designed to operate with three wheels |
| 804 | in contact with the ground; has a minimum unladen weight of 900 |
| 805 | pounds; has a single, completely enclosed, occupant compartment; |
| 806 | is produced by its manufacturer in a minimum quantity of 300 in |
| 807 | any calendar year; and is equipped with: |
| 808 | (a) Seats that are certified by the vehicle manufacturer |
| 809 | to meet the requirements of Federal Motor Vehicle Safety |
| 810 | Standard No. 207, Seating Systems, Title 49, C.F.R. s. 571.207. |
| 811 | (b) A steering wheel used to maneuver the vehicle. |
| 812 | (c) A propulsion unit located either forward or aft of the |
| 813 | enclosed occupant compartment. |
| 814 | (d) A seat belt for each vehicle occupant certified to |
| 815 | meet the requirements of Federal Motor Vehicle Safety Standard |
| 816 | No. 209, Seat Belt Assemblies, Title 49, C.F.R. s. 571.209. |
| 817 | (e) A windshield and appropriate windshield wipers meeting |
| 818 | the requirements of Federal Motor Vehicle Safety Standard No. |
| 819 | 205, Glazing Materials, Title 49, C.F.R. s. 571.205 and Federal |
| 820 | Motor Vehicle Safety Standard No. 212, Windshield Wiper |
| 821 | Assemblies, Title 49, C.F.R. s. 571.212. |
| 822 | (f) A vehicle structure certified by the vehicle |
| 823 | manufacturer to meet the requirements of Federal Motor Vehicle |
| 824 | Safety Standard No. 216, Roof Crush Resistance, Title 49, C.F.R. |
| 825 | s. 571.216. |
| 826 | Section 15. Effective January 1, 2010, section 322.0261, |
| 827 | Florida Statutes, is amended to read: |
| 828 | 322.0261 Driver improvement course; requirement to |
| 829 | maintain driving privileges; failure to complete; department |
| 830 | approval of course.-- |
| 831 | (1) The department shall screen crash reports received |
| 832 | under s. 316.066 or s. 324.051 to identify crashes involving the |
| 833 | following: |
| 834 | (a) A crash involving death or a bodily injury requiring |
| 835 | transport to a medical facility; or |
| 836 | (b) A second crash by the same operator within the |
| 837 | previous 2-year period involving property damage in an apparent |
| 838 | amount of at least $500; or |
| 839 | (c) A third crash by the same operator within 36 months |
| 840 | after the first crash. |
| 841 | (2) With respect to an operator convicted of, or who |
| 842 | pleaded nolo contendere to, a traffic offense giving rise to a |
| 843 | crash identified in paragraph (1)(a) or paragraph (1)(b) |
| 844 | pursuant to subsection (1), the department shall require that |
| 845 | the operator, in addition to other applicable penalties, attend |
| 846 | a department-approved driver improvement course in order to |
| 847 | maintain his or her driving privileges. If the operator fails to |
| 848 | complete the course within 90 days after of receiving notice |
| 849 | from the department, the operator's driver's license shall be |
| 850 | canceled by the department until the course is successfully |
| 851 | completed. |
| 852 | (3) With respect to an operator convicted of, or who |
| 853 | pleaded nolo contendere to, a traffic offense giving rise to a |
| 854 | crash identified in paragraph (1)(c), the department shall |
| 855 | require that the operator, in addition to other applicable |
| 856 | penalties, attend a department-approved driver improvement |
| 857 | course in order to maintain his or her driving privileges. The |
| 858 | course must include behind-the-wheel instruction and an |
| 859 | assessment of the operator's ability to safely operate a motor |
| 860 | vehicle. Successful completion of a behind-the-wheel examination |
| 861 | is required in order to receive completion credit for the |
| 862 | course. If the operator fails to complete the course within 90 |
| 863 | days after receiving notice from the department, the operator's |
| 864 | driver's license shall be canceled by the department until the |
| 865 | course is successfully completed. |
| 866 | (4)(3) The department shall identify any operator |
| 867 | convicted of, or who pleaded nolo contendere to, a second |
| 868 | violation of s. 316.074(1) or s. 316.075(1)(c)1., which |
| 869 | violation occurred within 12 months after the first violation, |
| 870 | and shall require that operator, in addition to other applicable |
| 871 | penalties, to attend a department-approved driver improvement |
| 872 | course in order to maintain driving privileges. If the operator |
| 873 | fails to complete the course within 90 days after receiving |
| 874 | notice from the department, the operator's driver license shall |
| 875 | be canceled by the department until the course is successfully |
| 876 | completed. |
| 877 | (5)(4) In determining whether to approve a driver |
| 878 | improvement course for the purposes of this section, the |
| 879 | department shall consider course content designed to promote |
| 880 | safety, driver awareness, crash avoidance techniques, and other |
| 881 | factors or criteria to improve driver performance from a safety |
| 882 | viewpoint. |
| 883 | Section 16. Effective November 1, 2009, subsection (1) of |
| 884 | section 322.03, Florida Statutes, is amended to read: |
| 885 | 322.03 Drivers must be licensed; penalties.-- |
| 886 | (1) Except as otherwise authorized in this chapter, a |
| 887 | person may not drive any motor vehicle upon a highway in this |
| 888 | state unless such person has a valid driver's license issued |
| 889 | under the provisions of this chapter. |
| 890 | (a) A person who drives a commercial motor vehicle may |
| 891 | shall not receive a driver's license unless and until he or she |
| 892 | surrenders to the department all driver's licenses in his or her |
| 893 | possession issued to him or her by any other jurisdiction or |
| 894 | makes an affidavit that he or she does not possess a driver's |
| 895 | license. Any such person who fails to surrender such licenses or |
| 896 | who makes a false affidavit concerning such licenses commits is |
| 897 | guilty of a misdemeanor of the first degree, punishable as |
| 898 | provided in s. 775.082 or s. 775.083. |
| 899 | (b) A person who does not drive a commercial motor vehicle |
| 900 | is not required to surrender a license issued by another |
| 901 | jurisdiction, upon a showing to the department that such license |
| 902 | is necessary because of employment or part-time residence. Any |
| 903 | person who retains a driver's license because of employment or |
| 904 | part-time residence shall, upon qualifying for a license in this |
| 905 | state, be issued a driver's license which shall be valid within |
| 906 | this state only. All surrendered licenses may be returned by the |
| 907 | department to the issuing jurisdiction together with information |
| 908 | that the licensee is now licensed in a new jurisdiction or may |
| 909 | be destroyed by the department, which shall notify the issuing |
| 910 | jurisdiction of such destruction. A person may not have more |
| 911 | than one valid Florida driver's license at any time. |
| 912 | (c) Part-time residents of this state issued a license |
| 913 | that is valid within this state only under paragraph (b) as that |
| 914 | paragraph existed before November 1, 2009, may continue to hold |
| 915 | such license until the next issuance of a Florida driver's |
| 916 | license or identification card. Licenses that are identified as |
| 917 | "Valid in Florida Only" may not be issued or renewed effective |
| 918 | November 1, 2009. This paragraph expires June 30, 2017. |
| 919 | Section 17. Effective November 1, 2009, subsection (6) of |
| 920 | section 322.08, Florida Statutes, is renumbered as subsection |
| 921 | (7), and new subsection (6) is added to that section, to read: |
| 922 | 322.08 Application for license.-- |
| 923 | (6) The department may not issue a driver's license or |
| 924 | identification card, as described in s. 322.051, to an applicant |
| 925 | if the applicant holds a valid driver's license or |
| 926 | identification card issued by any state. |
| 927 | Section 18. Section 322.125, Florida Statutes, is amended |
| 928 | to read: |
| 929 | 322.125 Medical Advisory Board.-- |
| 930 | (1) There shall be a Medical Advisory Board composed of |
| 931 | not fewer than 12 or more than 25 members, at least one of whom |
| 932 | must be 60 years of age or older and all but one of whose |
| 933 | medical and other specialties must relate to driving abilities, |
| 934 | which number must include a doctor of medicine who is employed |
| 935 | by the Department of Highway Safety and Motor Vehicles in |
| 936 | Tallahassee, who shall serve as administrative officer for the |
| 937 | board. The executive director of the Department of Highway |
| 938 | Safety and Motor Vehicles shall recommend persons to serve as |
| 939 | board members. Every member but two must be a doctor of medicine |
| 940 | licensed to practice medicine in this or any other state and |
| 941 | must be a member in good standing of the Florida Medical |
| 942 | Association or the Florida Osteopathic Association. One member |
| 943 | must be an optometrist licensed to practice optometry in this |
| 944 | state and must be a member in good standing of the Florida |
| 945 | Optometric Association. One member must be a chiropractic |
| 946 | physician licensed to practice chiropractic medicine in this |
| 947 | state. Members shall be approved by the Cabinet and shall serve |
| 948 | 4-year staggered terms. The board membership must, to the |
| 949 | maximum extent possible, consist of equal representation of the |
| 950 | disciplines of the medical community treating the mental or |
| 951 | physical disabilities that could affect the safe operation of |
| 952 | motor vehicles. |
| 953 | (2) The advisory board shall meet at the call of its |
| 954 | chair, at the request of a majority of its membership, at the |
| 955 | request of the department, or at such times as may be prescribed |
| 956 | by its rules. |
| 957 | (3)(a) The board shall advise the department on medical |
| 958 | criteria and vision standards relating to the licensing of |
| 959 | drivers. In fulfillment of this duty, the board shall assist the |
| 960 | department in developing, and keeping current with medical and |
| 961 | scientific advancements, coded restrictions to be placed upon |
| 962 | drivers' licenses of persons whose medical condition warrants a |
| 963 | requirement that they wear medical identification bracelets when |
| 964 | operating a motor vehicle, pursuant to s. 322.16(1)(d). |
| 965 | (b) Upon request of the department, the board shall report |
| 966 | to the department on the individual physical and mental |
| 967 | qualifications of a licensed driver or applicant. When a board |
| 968 | member acts directly as a consultant to the department, a board |
| 969 | member's individual review and evaluation of physical and mental |
| 970 | qualifications of a licensed driver or applicant is exempt from |
| 971 | the provisions of s. 286.011. |
| 972 | (4) Reports received or made by the board or its members |
| 973 | for the purpose of assisting the department in determining |
| 974 | whether a person is qualified to be licensed are for the |
| 975 | confidential use of the board or the department and may not be |
| 976 | divulged to any person except the licensed driver or applicant |
| 977 | or used as evidence in any trial, and are exempt from the |
| 978 | provisions of s. 119.07(1), except that the reports may be |
| 979 | admitted in proceedings under s. 322.271 or s. 322.31. Any |
| 980 | person conducting an examination pursuant to this section may be |
| 981 | compelled to testify concerning his or her observations and |
| 982 | findings in such proceedings. |
| 983 | (5) There shall be no monetary liability on the part of, |
| 984 | and no cause of action for damages shall arise against, any |
| 985 | member of the board for any action taken without intentional |
| 986 | fraud in carrying out the provisions of this section. |
| 987 | (6) Members of the board shall be entitled to per diem and |
| 988 | travel expenses pursuant to s. 112.061. |
| 989 | (7) The department shall adopt such rules and regulations |
| 990 | necessary to carry out the purpose of this section. |
| 991 | Section 19. Subsection (2) of section 322.271, Florida |
| 992 | Statutes, is amended to read: |
| 993 | 322.271 Authority to modify revocation, cancellation, or |
| 994 | suspension order.-- |
| 995 | (2)(a) At Upon such hearing, the person whose license has |
| 996 | been suspended, canceled, or revoked may show that such |
| 997 | suspension, cancellation, or revocation of his or her license |
| 998 | causes a serious hardship and precludes the person from person's |
| 999 | carrying out his or her normal business occupation, |
| 1000 | employment and that the use of the person's license in |
| 1001 | normal course of his or her business is necessary to the |
| 1002 | support of the person or his or her family. |
| 1003 | (a) Except as otherwise provided in this subsection, the |
| 1004 | department shall require proof of the successful completion of |
| 1005 | the applicable department-approved driver training course |
| 1006 | operating pursuant to s. 318.1451 or DUI program substance abuse |
| 1007 | education course and evaluation as provided in s. 316.193(5). |
| 1008 | Letters of recommendation from respected business persons in the |
| 1009 | community, law enforcement officers, or judicial officers may |
| 1010 | also be required to determine whether the such person should be |
| 1011 | permitted to operate a motor vehicle on a restricted basis for |
| 1012 | business or employment use only and in determining whether such |
| 1013 | person can be trusted to so operate a motor vehicle. If a |
| 1014 | driver's license has been suspended under the point system or |
| 1015 | under pursuant to s. 322.2615, the department shall require |
| 1016 | proof of enrollment in the applicable department-approved driver |
| 1017 | training course or licensed DUI program substance abuse |
| 1018 | education course, including evaluation and treatment, if |
| 1019 | referred, and may require letters of recommendation described in |
| 1020 | this paragraph subsection to determine if the driver should be |
| 1021 | reinstated on a restricted basis. If the such person fails to |
| 1022 | complete the approved course within 90 days after reinstatement |
| 1023 | or subsequently fails to complete treatment, if applicable, the |
| 1024 | department shall cancel his or her driver's license until the |
| 1025 | course and treatment, if applicable, is successfully completed, |
| 1026 | notwithstanding the terms of the court order or any suspension |
| 1027 | or revocation of the driving privilege. The department may |
| 1028 | temporarily reinstate the driving privilege on a restricted |
| 1029 | basis upon verification from the DUI program that the offender |
| 1030 | has reentered and is currently participating in treatment and |
| 1031 | has completed the DUI education course and evaluation |
| 1032 | requirement. If the DUI program notifies the department of the |
| 1033 | second failure to complete treatment, the department shall |
| 1034 | reinstate the driving privilege only after notice of completion |
| 1035 | of treatment from the DUI program. The privilege of driving on a |
| 1036 | limited or restricted basis for business or employment use may |
| 1037 | shall not be granted to a person who has been convicted of a |
| 1038 | violation of s. 316.193 until completion of the DUI program |
| 1039 | substance abuse education course and evaluations as provided in |
| 1040 | s. 316.193(5). Except as provided in paragraph (c) (b), the |
| 1041 | privilege of driving on a limited or restricted basis for |
| 1042 | business or employment use may shall not be granted to a person |
| 1043 | whose license is revoked pursuant to s. 322.28 or suspended |
| 1044 | pursuant to s. 322.2615 and who has been convicted of a |
| 1045 | violation of s. 316.193 two or more times or whose license has |
| 1046 | been suspended two or more times for refusal to submit to a test |
| 1047 | pursuant to s. 322.2615 or former s. 322.261. |
| 1048 | (b) The department may waive the hearing process for |
| 1049 | suspensions and revocations upon request by the driver if the |
| 1050 | driver has enrolled in or completed the applicable driver |
| 1051 | training course approved under s. 318.1451 or the DUI program |
| 1052 | substance abuse education course and evaluation provided in s. |
| 1053 | 316.193(5). However, the department may not waive the hearing |
| 1054 | for suspensions or revocations that involve death or serious |
| 1055 | bodily injury, multiple convictions for violations of s. 316.193 |
| 1056 | pursuant to s. 322.27(5), or a second or subsequent suspension |
| 1057 | or revocation pursuant to the same provision of this chapter. |
| 1058 | This paragraph does not preclude the department from requiring a |
| 1059 | hearing for any suspension or revocation that it determines is |
| 1060 | warranted based on the severity of the offense. |
| 1061 | (c)(b) A person whose license has been revoked for a |
| 1062 | period of 5 years or less pursuant to s. 322.28(2)(a) may, upon |
| 1063 | the expiration of 12 months after the date the said revocation |
| 1064 | was imposed, petition the department for reinstatement of his or |
| 1065 | her driving privilege on a restricted basis. A person whose |
| 1066 | license has been revoked for a period of more than 5 years under |
| 1067 | s. 322.28(2)(a) may, upon the expiration of 24 months after the |
| 1068 | date the revocation was imposed, petition the department for |
| 1069 | reinstatement of his or her driving privilege on a restricted |
| 1070 | basis. Reinstatement under of the driving privilege pursuant to |
| 1071 | this subsection is shall be restricted to business or employment |
| 1072 | purposes only. In addition, the department shall require such |
| 1073 | persons upon reinstatement to have not driven and to have been |
| 1074 | drug free for at least 12 months immediately before the prior to |
| 1075 | such reinstatement, to be supervised by a DUI program licensed |
| 1076 | by the department, and to report to the program at least three |
| 1077 | times a year as required by the program for the duration of the |
| 1078 | revocation period for supervision. Such supervision includes |
| 1079 | shall include evaluation, education, referral into treatment, |
| 1080 | and other activities required by the department. Such persons |
| 1081 | shall assume reasonable costs of supervision. If the such person |
| 1082 | fails to comply with the required supervision, the program shall |
| 1083 | report the failure to the department, and the department shall |
| 1084 | cancel the such person's driving privilege. This paragraph does |
| 1085 | not apply to any person whose driving privilege has been |
| 1086 | permanently revoked. |
| 1087 | (d)(c) For the purpose of this section, a previous |
| 1088 | conviction of driving under the influence, driving while |
| 1089 | intoxicated, driving with an unlawful blood-alcohol level, or |
| 1090 | any other similar alcohol-related or drug-related offense |
| 1091 | outside this state or a previous conviction of former s. |
| 1092 | 316.1931, former s. 316.028, or former s. 860.01 is shall be |
| 1093 | considered a previous conviction for violation of s. 316.193. |
| 1094 | (e)(d) The department, based upon review of the licensee's |
| 1095 | application for reinstatement, may require use of an ignition |
| 1096 | interlock device pursuant to s. 322.2715. |
| 1097 | Section 20. Subsection (1), paragraph (b) of subsection |
| 1098 | (7), and subsection (8) of section 322.64, Florida Statutes, are |
| 1099 | amended to read: |
| 1100 | 322.64 Holder of commercial driver's license; persons |
| 1101 | operating a commercial motor vehicle; driving with unlawful |
| 1102 | blood-alcohol level; refusal to submit to breath, urine, or |
| 1103 | blood test.-- |
| 1104 | (1)(a) A law enforcement officer or correctional officer |
| 1105 | shall, on behalf of the department, disqualify from operating |
| 1106 | any commercial motor vehicle a person who while operating or in |
| 1107 | actual physical control of a commercial motor vehicle is |
| 1108 | arrested for a violation of s. 316.193, relating to unlawful |
| 1109 | blood-alcohol level or breath-alcohol level, or a person who has |
| 1110 | refused to submit to a breath, urine, or blood test authorized |
| 1111 | by s. 322.63 or s. 316.1932 arising out of the operation or |
| 1112 | actual physical control of a commercial motor vehicle. A law |
| 1113 | enforcement officer or correctional officer shall, on behalf of |
| 1114 | the department, disqualify the holder of a commercial driver's |
| 1115 | license from operating any commercial motor vehicle if the |
| 1116 | licenseholder, while operating or in actual physical control of |
| 1117 | a motor vehicle, is arrested for a violation of s. 316.193, |
| 1118 | relating to unlawful blood-alcohol level or breath-alcohol |
| 1119 | level, or refused to submit to a breath, urine, or blood test |
| 1120 | authorized by s. 322.63 or s. 316.1932. Upon disqualification of |
| 1121 | the person, the officer shall take the person's driver's license |
| 1122 | and issue the person a 10-day temporary permit for the operation |
| 1123 | of noncommercial vehicles only if the person is otherwise |
| 1124 | eligible for the driving privilege and shall issue the person a |
| 1125 | notice of disqualification. If the person has been given a |
| 1126 | blood, breath, or urine test, the results of which are not |
| 1127 | available to the officer at the time of the arrest, the agency |
| 1128 | employing the officer shall transmit such results to the |
| 1129 | department within 5 days after receipt of the results. If the |
| 1130 | department then determines that the person had a blood-alcohol |
| 1131 | level or breath-alcohol level of 0.08 or higher, the department |
| 1132 | shall disqualify the person from operating a commercial motor |
| 1133 | vehicle pursuant to subsection (3). |
| 1134 | (b) The disqualification under paragraph (a) shall be |
| 1135 | pursuant to, and the notice of disqualification shall inform the |
| 1136 | driver of, the following: |
| 1137 | 1.a. The driver refused to submit to a lawful breath, |
| 1138 | blood, or urine test and he or she is disqualified from |
| 1139 | operating a commercial motor vehicle for a period of 1 year, for |
| 1140 | a first refusal, or permanently, if he or she has previously |
| 1141 | been disqualified under this section as a result of a refusal to |
| 1142 | submit to such a test; or |
| 1143 | b. The driver was driving or in actual physical control of |
| 1144 | a commercial motor vehicle, or any motor vehicle if the driver |
| 1145 | holds a commercial driver's license, had an unlawful blood- |
| 1146 | alcohol level or breath-alcohol level of 0.08 or higher, and his |
| 1147 | or her driving privilege shall be disqualified for a period of 1 |
| 1148 | year for a first offense or permanently disqualified if his or |
| 1149 | her driving privilege has been previously disqualified under |
| 1150 | this section. |
| 1151 | 2. The disqualification period for operating commercial |
| 1152 | vehicles shall commence on the date of issuance of the notice of |
| 1153 | disqualification. |
| 1154 | 3. The driver may request a formal or informal review of |
| 1155 | the disqualification by the department within 10 days after the |
| 1156 | date of issuance of the notice of disqualification. |
| 1157 | 4. The temporary permit issued at the time of |
| 1158 | disqualification expires at midnight of the 10th day following |
| 1159 | the date of disqualification. |
| 1160 | 5. The driver may submit to the department any materials |
| 1161 | relevant to the disqualification. |
| 1162 | (7) In a formal review hearing under subsection (6) or an |
| 1163 | informal review hearing under subsection (4), the hearing |
| 1164 | officer shall determine by a preponderance of the evidence |
| 1165 | whether sufficient cause exists to sustain, amend, or invalidate |
| 1166 | the disqualification. The scope of the review shall be limited |
| 1167 | to the following issues: |
| 1168 | (b) If the person was disqualified from operating a |
| 1169 | commercial motor vehicle for refusal to submit to a breath, |
| 1170 | blood, or urine test: |
| 1171 | 1. Whether the law enforcement officer had probable cause |
| 1172 | to believe that the person was driving or in actual physical |
| 1173 | control of a commercial motor vehicle, or any motor vehicle if |
| 1174 | the driver holds a commercial driver's license, in this state |
| 1175 | while he or she had any alcohol, chemical substances, or |
| 1176 | controlled substances in his or her body. |
| 1177 | 2. Whether the person refused to submit to the test after |
| 1178 | being requested to do so by a law enforcement officer or |
| 1179 | correctional officer. |
| 1180 | 3. Whether the person was told that if he or she refused |
| 1181 | to submit to such test he or she would be disqualified from |
| 1182 | operating a commercial motor vehicle for a period of 1 year or, |
| 1183 | if previously disqualified under this section in the case of a |
| 1184 | second refusal, permanently. |
| 1185 | (8) Based on the determination of the hearing officer |
| 1186 | pursuant to subsection (7) for both informal hearings under |
| 1187 | subsection (4) and formal hearings under subsection (6), the |
| 1188 | department shall: |
| 1189 | (a) Sustain the disqualification for a period of 1 year |
| 1190 | for a first refusal, or permanently if such person has been |
| 1191 | previously disqualified from operating a commercial motor |
| 1192 | vehicle under this section as a result of a refusal to submit to |
| 1193 | such tests. The disqualification period commences on the date of |
| 1194 | the arrest or issuance of the notice of disqualification, |
| 1195 | whichever is later. |
| 1196 | (b) Sustain the disqualification: |
| 1197 | 1. For a period of 1 year if the person was driving or in |
| 1198 | actual physical control of a commercial motor vehicle, or any |
| 1199 | motor vehicle if the driver holds a commercial driver's license, |
| 1200 | and had an unlawful blood-alcohol level or breath-alcohol level |
| 1201 | of 0.08 or higher; or |
| 1202 | 2. Permanently if the person has been previously |
| 1203 | disqualified from operating a commercial motor vehicle under |
| 1204 | this section or his or her driving privilege has been previously |
| 1205 | suspended for driving or being in actual physical control of a |
| 1206 | commercial motor vehicle, or any motor vehicle if the driver |
| 1207 | holds a commercial driver's license, and had an unlawful blood- |
| 1208 | alcohol level or breath-alcohol level of 0.08 or higher. |
| 1209 |
|
| 1210 | The disqualification period commences on the date of the arrest |
| 1211 | or issuance of the notice of disqualification. |
| 1212 | Section 21. Except as otherwise expressly provided in this |
| 1213 | act, this act shall take effect July 1, 2009. |