Florida Senate - 2009 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 1778
Barcode 961988
606-03017K-09
Proposed Committee Substitute by the Committee on Transportation
and Economic Development Appropriations
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; terminating the DUI Programs
4 Coordination Trust Fund within the Department of
5 Highway Safety and Motor Vehicles; transferring the
6 current balances in and revenues of the trust fund to
7 the Highway Safety Operating Trust Fund within the
8 department; requiring that the department pay any
9 outstanding debts and obligations of the fund;
10 requiring that the Chief Financial Officer close out
11 and remove the trust fund from the state accounting
12 systems; amending ss. 17.61 and 215.20, F.S.; deleting
13 references to the DUI Programs Coordination Trust Fund
14 within the Department of Highway Safety and Motor
15 Vehicles; amending s. 316.066, F.S.; increasing the
16 fee for a copy of a crash report provided by a
17 certified traffic records center; amending s. 316.605,
18 F.S.; deleting a reference to registration decal to
19 conform to changes made by the act; amending s.
20 318.15, F.S.; increasing the service charge relating
21 to the suspension of a driver’s license; amending s.
22 319.23, F.S.; increasing the fee relating to an
23 application for a certificate of title; amending s.
24 319.32, F.S.; requiring an additional fee for each
25 subsequent inspection of a vehicle that receives a
26 physical examination; providing that the proceeds from
27 such fees be deposited into the General Revenue Fund
28 and the Highway Safety Operating Trust Fund; amending
29 ss. 319.323 and 319.324, F.S.; increasing the fee
30 relating to expedited service on title transfers,
31 title issuances, duplicate titles, recordation of
32 liens, and certificates of repossession; conforming
33 provisions to changes made by the act; amending s.
34 319.33, F.S.; deleting references to decals for the
35 identification of a motor vehicle; ss. 319.34 and
36 320.02, F.S.; conforming provisions to changes made by
37 the act; amending s. 320.023, F.S.; requiring that any
38 voluntary contribution on a motor vehicle registration
39 application be deposited into and distributed from the
40 Motor Vehicle License Clearing Trust Fund; s. 320.025,
41 F.S.; conforming provisions to changes made by the
42 act; amending s. 320.03, F.S.; increasing a fee on
43 license registrations to cover the costs of the
44 Florida Real Time Vehicle Information System; amending
45 s. 320.031, F.S.; conforming provisions to changes
46 made by the act; amending s. 320.04, F.S.; revising
47 provisions relating to service charges for the
48 issuance of registration certificates for a vehicle,
49 vessel, or mobile home to conform to changes made by
50 the act; amending s. 320.05, F.S.; revising provisions
51 relating to fees for providing lists of motor vehicle
52 or vessel records; amending s. 320.055, F.S.; deleting
53 provisions relating to driver’s license registration
54 periods and renewal periods; amending ss. 320.06 and
55 320.0607, F.S.; extending the period for which
56 registration license plates are issued and replaced;
57 increasing fees for the replacement of such plates;
58 amending ss. 320.061, 320.07, and 320.071, F.S.;
59 conforming provisions to changes made by the act;
60 amending s. 320.08, F.S.; increasing the annual
61 license taxes imposed for the operation of motor
62 vehicles, mopeds, motorized bicycles, and mobile
63 homes; providing that a certain portion of each tax be
64 deposited into the General Revenue Fund; revising
65 provisions to changes made by the act; amending s.
66 320.08035, F.S.; conforming a cross-reference;
67 amending s. 320.08046, F.S.; increasing the surcharge
68 levied on each license tax; increasing the percentage
69 of the proceeds of such surcharge for deposit into the
70 General Revenue Fund; amending s. 320.0805, F.S.;
71 increasing the processing fee for personalized
72 prestige license plates; amending s. 320.08056, F.S.;
73 increasing the processing fee for specialty license
74 plates; amending s. 320.0807, F.S.; conforming a
75 cross-reference; amending s. 320.081, F.S.; revising
76 provisions relating to the distribution of annual
77 license taxes imposed on mobile homes, park trailers,
78 travel trailers, and fifth-wheel trailers exceeding 35
79 feet in body length; requiring that such distribution
80 be made by payment by warrant drawn by the Chief
81 Financial Officer upon the treasury on a monthly basis
82 from the License Tax Collection Trust Fund; amending
83 s. 320.084, F.S.; revising provisions relating to
84 license plates for certain disabled veterans to
85 conform to changes made by the act; conforming a
86 cross-reference; amending s. 320.086, F.S.; conforming
87 provisions to changes made by the act; amending s.
88 320.0894, F.S.; deleting provisions relating to Gold
89 Star license plates to conform to changes made by the
90 act; amending ss. 320.10, 320.26, and 320.261, F.S.;
91 conforming provisions to changes made by the act;
92 amending s. 320.822, F.S.; deleting the definition of
93 the term “seal” or “label”; repealing s. 320.824,
94 F.S.; deleting provisions authorizing the department
95 to adopt rules relating to the uniform mobile home
96 standards; deleting provisions authorizing the
97 department or its agent to enter a place or
98 establishment where mobile homes are manufactured,
99 sold, or offered for sale; amending s. 320.8245, F.S.;
100 conforming provisions to changes made by the act;
101 amending s. 320.8249, F.S.; conforming a cross
102 reference; repealing s. 320.8255, F.S.; relating to
103 mobile home inspections; amending ss. 320.827 and
104 320.834, F.S.; deleting provisions to changes made by
105 the act; amending s. 322.051, F.S.; revising
106 provisions relating to a fee for obtaining a duplicate
107 identification card; amending s. 322.081, F.S.;
108 requiring that any voluntary contribution on a
109 driver’s license application be deposited into and
110 distributed from the Motor Vehicle License Clearing
111 Trust Fund; amending s. 322.12, F.S.; increasing the
112 examination fees for subsequent knowledge and skills
113 tests for a driver’s license if an applicant failed
114 the initial tests; amending s. 322.20, F.S.;
115 increasing the fee for obtaining records from the
116 Division of Drivers Licenses; amending s. 322.201,
117 F.S.; revising provisions relating to the
118 certification of certain records as evidence; amending
119 s. 322.21, F.S.; increasing licensing fees; creating
120 s. 322.2715, F.S.; requiring that an installer of a
121 ignition interlock device collect and remit an
122 installation fee to the department to be deposited
123 into the Highway Safety Operating Trust Fund for the
124 operation of the Ignition Interlock Device Program;
125 amending ss. 322.29 and 322.293, F.S.; conforming
126 provisions to changes made by the act; providing
127 effective dates.
128
129 Be It Enacted by the Legislature of the State of Florida:
130
131 Section 1. (1) The DUI Programs Coordination Trust Fund
132 within the Department of Highway Safety and Motor Vehicles,
133 FLAIR number 76-2-172, is terminated.
134 (2) All current balances remaining in, and all revenues of,
135 the trust fund shall be transferred to the Highway Safety
136 Operating Trust Fund within the Department of Highway Safety and
137 Motor Vehicles, FLAIR number 76-2-009.
138 (3) The Department of Highway Safety and Motor Vehicles
139 shall pay any outstanding debts and obligations of the
140 terminated trust fund, as soon as practicable. The Chief
141 Financial Officer shall close out and remove the terminated fund
142 from the various state accounting systems using generally
143 accepted accounting principles concerning warrants outstanding,
144 assets, and liabilities.
145 Section 2. Paragraph (c) of subsection (3) of section
146 17.61, Florida Statutes, is amended to read:
147 17.61 Chief Financial Officer; powers and duties in the
148 investment of certain funds.—
149 (3)
150 (c) Except as provided in this paragraph and except for
151 moneys described in paragraph (d), the following agencies shall
152 not invest trust fund moneys as provided in this section, but
153 shall retain such moneys in their respective trust funds for
154 investment, with interest appropriated to the General Revenue
155 Fund, pursuant to s. 17.57:
156 1. The Agency for Health Care Administration, except for
157 the Tobacco Settlement Trust Fund.
158 2. The Agency for Persons with Disabilities, except for:
159 a. The Federal Grants Trust Fund.
160 b. The Tobacco Settlement Trust Fund.
161 3. The Department of Children and Family Services, except
162 for:
163 a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
164 b. The Social Services Block Grant Trust Fund.
165 c. The Tobacco Settlement Trust Fund.
166 d. The Working Capital Trust Fund.
167 4. The Department of Community Affairs, only for the
168 Operating Trust Fund.
169 5. The Department of Corrections.
170 6. The Department of Elderly Affairs, except for:
171 a. The Federal Grants Trust Fund.
172 b. The Tobacco Settlement Trust Fund.
173 7. The Department of Health, except for:
174 a. The Federal Grants Trust Fund.
175 b. The Grants and Donations Trust Fund.
176 c. The Maternal and Child Health Block Grant Trust Fund.
177 d. The Tobacco Settlement Trust Fund.
178 8. The Department of Highway Safety and Motor Vehicles,
179 only for:
180 a. The DUI Programs Coordination Trust Fund.
181 b. the Security Deposits Trust Fund.
182 9. The Department of Juvenile Justice.
183 10. The Department of Law Enforcement.
184 11. The Department of Legal Affairs.
185 12. The Department of State, only for:
186 a. The Grants and Donations Trust Fund.
187 b. The Records Management Trust Fund.
188 13. The Executive Office of the Governor, only for:
189 a. The Economic Development Transportation Trust Fund.
190 b. The Economic Development Trust Fund.
191 14. The Florida Public Service Commission, only for the
192 Florida Public Service Regulatory Trust Fund.
193 15. The Justice Administrative Commission.
194 16. The state courts system.
195 Section 3. Paragraphs (m) through (x) of subsection (4) of
196 section 215.20, Florida Statutes, are amended to read:
197 215.20 Certain income and certain trust funds to contribute
198 to the General Revenue Fund.—
199 (4) The income of a revenue nature deposited in the
200 following described trust funds, by whatever name designated, is
201 that from which the appropriations authorized by subsection (3)
202 shall be made:
203 (m) Within the Department of Highway Safety and Motor
204 Vehicles, the DUI Programs Coordination Trust Fund.
205 (m)(n) Within the Department of Legal Affairs, the Crimes
206 Compensation Trust Fund.
207 (n)(o) Within the Department of Management Services:
208 1. The Administrative Trust Fund.
209 2. The Architects Incidental Trust Fund.
210 3. The Bureau of Aircraft Trust Fund.
211 4. The Florida Facilities Pool Working Capital Trust Fund.
212 5. The Grants and Donations Trust Fund.
213 6. The Police and Firefighters’ Premium Tax Trust Fund.
214 7. The Public Employees Relations Commission Trust Fund.
215 8. The State Personnel System Trust Fund.
216 9. The Supervision Trust Fund.
217 10. The Working Capital Trust Fund.
218 (o)(p) Within the Department of Revenue:
219 1. The Additional Court Cost Clearing Trust Fund.
220 2. The Administrative Trust Fund.
221 3. The Certification Program Trust Fund.
222 4. The Fuel Tax Collection Trust Fund.
223 5. The Local Alternative Fuel User Fee Clearing Trust Fund.
224 6. The Local Option Fuel Tax Trust Fund.
225 7. The Motor Vehicle Rental Surcharge Clearing Trust Fund.
226 8. The Motor Vehicle Warranty Trust Fund.
227 9. The Oil and Gas Tax Trust Fund.
228 10. The Operations Trust Fund.
229 11. The Severance Tax Solid Mineral Trust Fund.
230 12. The State Alternative Fuel User Fee Clearing Trust
231 Fund.
232 13. All taxes levied on motor fuels other than gasoline
233 levied pursuant to the provisions of s. 206.87(1)(a).
234 (p)(q) Within the Department of State:
235 1. The Records Management Trust Fund.
236 2. The trust funds administered by the Division of
237 Historical Resources.
238 (q)(r) Within the Department of Transportation, all income
239 derived from outdoor advertising and overweight violations which
240 is deposited in the State Transportation Trust Fund.
241 (r)(s) Within the Department of Veterans’ Affairs:
242 1. The Grants and Donations Trust Fund.
243 2. The Operations and Maintenance Trust Fund.
244 3. The State Homes for Veterans Trust Fund.
245 (s)(t) Within the Division of Administrative Hearings, the
246 Administrative Trust Fund.
247 (t)(u) Within the Fish and Wildlife Conservation
248 Commission:
249 1. The Conservation and Recreation Lands Program Trust
250 Fund.
251 2. The Florida Panther Research and Management Trust Fund.
252 3. The Land Acquisition Trust Fund.
253 4. The Marine Resources Conservation Trust Fund, with the
254 exception of those fees collected for recreational saltwater
255 fishing licenses as provided in s. 379.354.
256 (u)(v) Within the Florida Public Service Commission, the
257 Florida Public Service Regulatory Trust Fund.
258 (v)(w) Within the Justice Administrative Commission, the
259 Indigent Criminal Defense Trust Fund.
260 (w)(x) Within the Office of Financial Regulation of the
261 Financial Services Commission:
262 1. The Administrative Trust Fund.
263 2. The Anti-Fraud Trust Fund.
264 3. The Financial Institutions’ Regulatory Trust Fund.
265 4. The Regulatory Trust Fund.
266
267 The enumeration of the foregoing moneys or trust funds shall not
268 prohibit the applicability of s. 215.24 should the Governor
269 determine that for the reasons mentioned in s. 215.24 the money
270 or trust funds should be exempt herefrom, as it is the purpose
271 of this law to exempt income from its force and effect when, by
272 the operation of this law, federal matching funds or
273 contributions or private grants to any trust fund would be lost
274 to the state.
275 Section 4. Subsection (4) of section 316.066, Florida
276 Statutes, is amended to read:
277 316.066 Written reports of crashes.—
278 (4)(a) One or more counties may enter into an agreement
279 with the appropriate state agency to be certified by the agency
280 to have a traffic records center for the purpose of tabulating
281 and analyzing countywide traffic crash reports. The agreement
282 must include: certification by the agency that the center has
283 adequate auditing and monitoring mechanisms in place to ensure
284 the quality and accuracy of the data; the time period in which
285 the traffic records center must report crash data to the agency;
286 and the medium in which the traffic records must be submitted to
287 the agency.
288 (b) In the case of a county or multicounty area that has a
289 certified central traffic records center, a law enforcement
290 agency or driver must submit to the center within the time limit
291 prescribed in this section a written report of the crash. A
292 driver who is required to file a crash report must be notified
293 of the proper place to submit the completed report.
294 (c) Fees for copies of public records provided by a
295 certified traffic records center shall be charged and collected
296 as follows:
297
298 For a crash report.......................$10 $2 per copy.
299 For a homicide report.......................$25 per copy.
300 For a uniform traffic citation............$0.50 per copy.
301
302 The fees collected for copies of the public records provided by
303 a certified traffic records center shall be used to fund the
304 center or otherwise as designated by the county or counties
305 participating in the center.
306 Section 5. Subsection (1) of section 316.605, Florida
307 Statutes, is amended to read:
308 316.605 Licensing of vehicles.—
309 (1) Every vehicle, at all times while driven, stopped, or
310 parked upon any highways, roads, or streets of this state, shall
311 be licensed in the name of the owner thereof in accordance with
312 the laws of this state unless such vehicle is not required by
313 the laws of this state to be licensed in this state and shall,
314 except as otherwise provided in s. 320.0706 for front-end
315 registration license plates on truck tractors and s. 320.086(5)
316 which exempts display of license plates on described former
317 military vehicles, display the license plate or both of the
318 license plates assigned to it by the state, one on the rear and,
319 if two, the other on the front of the vehicle, each to be
320 securely fastened to the vehicle outside the main body of the
321 vehicle not higher than 60 inches and not lower than 12 inches
322 from the ground and no more than 24 inches to the left or right
323 of the centerline of the vehicle, and in such manner as to
324 prevent the plates from swinging, and all letters, numerals,
325 printing, writing, and other identification marks upon the
326 plates regarding the word “Florida,” the registration decal, and
327 the alphanumeric designation shall be clear and distinct and
328 free from defacement, mutilation, grease, and other obscuring
329 matter, so that they will be plainly visible and legible at all
330 times 100 feet from the rear or front. Vehicle license plates
331 shall be affixed and displayed in such a manner that the letters
332 and numerals shall be read from left to right parallel to the
333 ground. No vehicle license plate may be displayed in an inverted
334 or reversed position or in such a manner that the letters and
335 numbers and their proper sequence are not readily identifiable.
336 Nothing shall be placed upon the face of a Florida plate except
337 as permitted by law or by rule or regulation of a governmental
338 agency. No license plates other than those furnished by the
339 state shall be used. However, if the vehicle is not required to
340 be licensed in this state, the license plates on such vehicle
341 issued by another state, by a territory, possession, or district
342 of the United States, or by a foreign country, substantially
343 complying with the provisions hereof, shall be considered as
344 complying with this chapter. A violation of this subsection is a
345 noncriminal traffic infraction, punishable as a nonmoving
346 violation as provided in chapter 318.
347 Section 6. Subsection (2) of section 318.15, Florida
348 Statutes, is amended to read:
349 318.15 Failure to comply with civil penalty or to appear;
350 penalty.—
351 (2) After suspension of the driver’s license and privilege
352 to drive of a person under subsection (1), the license and
353 privilege may not be reinstated until the person complies with
354 all obligations and penalties imposed on him or her under s.
355 318.18 and presents to a driver license office a certificate of
356 compliance issued by the court, together with a nonrefundable
357 service charge of up to $60 $47.50 imposed under s. 322.29, or
358 presents a certificate of compliance and pays the aforementioned
359 service charge of up to $47.50 to the clerk of the court or a
360 driver licensing agent authorized in s. 322.135 clearing such
361 suspension. Of the charge collected by the clerk of the court or
362 driver licensing agent, $22.50 $10 shall be remitted to the
363 Department of Revenue to be deposited into the Highway Safety
364 Operating Trust Fund. Such person shall also be in compliance
365 with requirements of chapter 322 prior to reinstatement.
366 Section 7. Subsection (6) of section 319.23, Florida
367 Statutes, is amended to read:
368 319.23 Application for, and issuance of, certificate of
369 title.—
370 (6) In the case of the sale of a motor vehicle or mobile
371 home by a licensed dealer to a general purchaser, the
372 certificate of title shall be obtained in the name of the
373 purchaser by the dealer upon application signed by the
374 purchaser, and in each other case such certificate shall be
375 obtained by the purchaser. In each case of transfer of a motor
376 vehicle or mobile home, the application for certificate of
377 title, or corrected certificate, or assignment or reassignment,
378 shall be filed within 30 days from the delivery of such motor
379 vehicle or mobile home to the purchaser. An applicant shall be
380 required to pay a fee of $15 $10, in addition to all other fees
381 and penalties required by law, for failing to file such
382 application within the specified time. When a licensed dealer
383 acquires a motor vehicle or mobile home as a trade-in, the
384 dealer must file with the department, within 30 days, a notice
385 of sale signed by the seller. The department shall update its
386 database for that title record to indicate “sold.” A licensed
387 dealer need not apply for a certificate of title for any motor
388 vehicle or mobile home in stock acquired for stock purposes
389 except as provided in s. 319.225.
390 Section 8. Section 319.32, Florida Statutes, is amended to
391 read:
392 319.32 Fees; service charges; disposition.—
393 (1) The department shall charge a fee of $40 $24 for each
394 original certificate of title except for a certificate of title
395 for a motor vehicle for hire registered under s. 320.08(6), for
396 which the title fee shall be $3, $40 $24 for each duplicate copy
397 of a certificate of title except for a certificate of title for
398 a motor vehicle for hire registered under s. 320.08(6), for
399 which the title fee shall be $3, $2 for each salvage certificate
400 of title, and $3 for each assignment by a lienholder. It shall
401 also charge a fee of $2 for noting a lien on a title
402 certificate, which fee shall include the services for the
403 subsequent issuance of a corrected certificate or cancellation
404 of lien when that lien is satisfied. If an application for a
405 certificate of title is for a vehicle that is required to have a
406 physical examination as provided in s. 319.14(1)(b) for a
407 rebuilt vehicle, the department shall charge an additional fee
408 of $40 for each initial inspection and $20 for each subsequent
409 inspection. The initial inspection fee shall be deposited into
410 the General Revenue Fund and the subsequent inspection fee shall
411 be deposited into the Highway Safety Operating Trust Fund. A
412 physical examination of a vehicle must include, but need not be
413 limited to, verification of the vehicle identification number
414 and verification of the bills of sale or title for major
415 components conducting a physical examination of the vehicle to
416 assure its identity. In addition to all other fees charged, a
417 sum of $1 shall be paid for the issuance of an original or
418 duplicate certificate of title to cover the cost of materials
419 used for security purposes.
420 Section 9. Section 319.323, Florida Statutes, is amended to
421 read:
422 319.323 Expedited service; applications; fees.—The
423 department shall establish a separate title office which may be
424 utilized by private citizens and licensed motor vehicle dealers
425 to receive expedited service on title transfers, title
426 issuances, duplicate titles, and recordation of liens, and
427 certificates of repossession. A fee of $10 $7 shall be charged
428 for this service, which fee is in addition to the fees imposed
429 by s. 319.32. Application for such expedited service may be made
430 by mail or in person. The department shall issue each title
431 applied for pursuant to this section within 5 working days after
432 receipt of the application except for an application for a
433 duplicate title certificate covered by s. 319.23(4), in which
434 case the title must be issued within 5 working days after
435 compliance with the department’s verification requirements.
436 Section 10. Subsection (1) of section 319.324, Florida
437 Statutes, is amended to read:
438 319.324 Odometer fraud prevention and detection; funding.—
439 (1) Moneys received by the department pursuant to s.
440 319.32(1) in the amount of $1 for each original certificate of
441 title, each duplicate copy of a certificate of title, and each
442 assignment by a lienholder shall be deposited into the Highway
443 Safety Operating Trust Fund. There shall also be deposited into
444 the fund moneys received by the department pursuant to s.
445 319.323 in the amount of $5 $2 for each expedited service
446 performed by the department for which a fee is assessed.
447 Section 11. Subsection (5) of section 319.33, Florida
448 Statutes, is amended to read:
449 319.33 Offenses involving vehicle identification numbers,
450 applications, certificates, papers; penalty.—
451 (5) It is unlawful for any person, firm, or corporation to
452 knowingly possess, manufacture, sell or exchange, offer to sell
453 or exchange, supply in blank, or give away any counterfeit
454 manufacturer’s or state-assigned identification number plates or
455 serial plates or any decal used for the purpose of
456 identification of any motor vehicle; or for any officer, agent,
457 or employee of any person, firm, or corporation, or any person
458 who shall authorize, direct, aid in exchange, or give away such
459 counterfeit manufacturer’s or state-assigned identification
460 number plates or serial plates or any decal; or conspire to do
461 any of the foregoing. However, nothing in this subsection shall
462 be applicable to any approved replacement manufacturer’s or
463 state-assigned identification number plates or serial plates or
464 any decal issued by the department or any state.
465 Section 12. Section 319.34, Florida Statutes, is amended to
466 read:
467 319.34 Transfer without delivery of certificate; operation
468 or use without certificate; failure to surrender; other
469 violations.—Whoever, except as otherwise provided for in this
470 chapter, purports to sell or transfer a motor vehicle or mobile
471 home without delivering to the purchaser or transferee thereof a
472 certificate of title thereto duly assigned to such purchaser as
473 provided in this chapter or operates or uses in this state a
474 motor vehicle or mobile home for which a certificate of title is
475 required without such certificate having been obtained in
476 accordance with the provisions of this chapter, or upon which
477 the certificate of title has been canceled; whoever fails to
478 surrender any certificate of title, certificate of registration,
479 or license plate, or sticker upon cancellation of the same by
480 the department and notice thereof as prescribed in this chapter;
481 whoever fails to surrender the certificate of title to the
482 department as provided in this chapter in case of the
483 destruction or dismantling or change of a motor vehicle or
484 mobile home in such respect that it is not the motor vehicle or
485 mobile home described in the certificate of title; or whoever
486 violates any of the other provisions of this chapter, or any
487 lawful rule adopted pursuant to the provisions of this chapter,
488 shall be fined not more than $500 or imprisoned for not more
489 than 6 months, or both, for each offense.
490 Section 13. Paragraph (b) of subsection (16) of section
491 320.02, Florida Statutes, is amended to read:
492 320.02 Registration required; application for registration;
493 forms.—
494 (16) The department is authorized to withhold registration
495 or re-registration of a motor vehicle if the name of the owner
496 or of a coowner appears on a list submitted to the department by
497 a licensed motor vehicle dealer for a previous registration of
498 that vehicle. The motor vehicle dealer must maintain signed
499 evidence that the owner or coowner acknowledged the dealer’s
500 authority to submit the list to the department if he or she
501 failed to pay and must note the amount for which the owner or
502 coowner would be responsible for the vehicle registration. The
503 dealer must maintain the necessary documentation required in
504 this subsection or face penalties as provided in s. 320.27. This
505 subsection does not affect the issuance of a title to a motor
506 vehicle.
507 (b) If the registered owner’s dispute complies with
508 paragraph (a), the department shall immediately remove the motor
509 vehicle owner or coowner’s name from the list, thereby allowing
510 the issuance of a license plate or revalidation sticker.
511 Section 14. Paragraph (c) of subsection (5) of section
512 320.023, Florida Statutes, is amended to read:
513 320.023 Requests to establish voluntary checkoff on motor
514 vehicle registration application.—
515 (5) A voluntary contribution collected and distributed
516 under this chapter, or any interest earned from those
517 contributions, may not be used for commercial or for-profit
518 activities nor for general or administrative expenses, except as
519 authorized by law.
520 (c) Any voluntary contributions authorized by law must be
521 deposited into and distributed from the Motor Vehicle License
522 Clearing Trust Fund to the recipients specified in chapter 320
523 shall only be distributed to an organization under an
524 appropriation by the Legislature.
525 Section 15. Subsection (1) of section 320.025, Florida
526 Statutes, is amended to read:
527 320.025 Registration certificate and license plate or decal
528 issued under fictitious name; application.—
529 (1) A confidential registration certificate and
530 registration license plate or decal shall be issued under a
531 fictitious name only for a motor vehicle or vessel owned or
532 operated by a law enforcement agency of state, county,
533 municipal, or federal government, the Attorney General’s
534 Medicaid Fraud Control Unit, or any state public defender’s
535 office. The requesting agency shall file a written application
536 with the department on forms furnished by the department, which
537 includes a statement that the license plate or decal will be
538 used for the Attorney General’s Medicaid Fraud Control Unit or
539 law enforcement or any state public defender’s office activities
540 requiring concealment of publicly leased or owned motor vehicles
541 or vessels and a statement of the position classifications of
542 the individuals who are authorized to use the license plate or
543 decal. The department may modify its records to reflect the
544 fictitious identity of the owner or lessee until such time as
545 the license plate or decal and registration certificate are
546 surrendered to it.
547 Section 16. Subsections (1), (2), (3), (5), and (8) of
548 section 320.03, Florida Statutes, are amended to read:
549 320.03 Registration; duties of tax collectors;
550 International Registration Plan.—
551 (1) The tax collectors in the several counties of the
552 state, as authorized agents of the department, shall issue
553 registration certificates, registration license plates,
554 validation stickers, and mobile home decals stickers to
555 applicants, subject to the requirements of law, in accordance
556 with rules of the department. Any person, firm, or corporation
557 representing itself, through advertising or naming of the
558 business, to be an authorized agent of the department shall be
559 deemed guilty of an unfair and deceptive trade practice as
560 defined in part II of chapter 501. No such person, firm, or
561 corporation shall use either the state or county name as a part
562 of their business name when such use can reasonably be
563 interpreted as an official state or county office.
564 (2) The department may require each tax collector to give a
565 bond, payable to the department, conditioned that the tax
566 collector faithfully and truly perform the duties imposed upon
567 him or her according to the requirements of law and the rules
568 and regulations of the department and that the tax collector pay
569 over and account for all validation stickers, records, and other
570 property and money that comes into his or her possession or
571 control by reason of such service. The amount of the bond is to
572 be determined by the department based on an amount not more than
573 10 percent above the average of the daily deposits of each tax
574 collector.
575 (3) Each tax collector shall keep a full and complete
576 record and account of all validation stickers, mobile home
577 decals stickers, or other properties received by him or her from
578 the department, or from any other source. Notwithstanding
579 chapter 116, every county officer within this state authorized
580 to collect funds provided for in this chapter shall pay all sums
581 officially received by the officer into the State Treasury no
582 later than 5 working days after the close of the business day in
583 which the officer received the funds. Payment by county officers
584 to the state shall be made by means of electronic funds
585 transfer.
586 (5) A fee of $1 50 cents shall be charged, in addition to
587 the fees required under s. 320.08, on every license registration
588 sold to cover the costs of the Florida Real Time Vehicle
589 Information System. The fees collected hereunder shall be
590 distributed as follows: 50 cents 25 cents into the Highway
591 Safety Operating Trust Fund shall be used to fund the Florida
592 Real Time Vehicle Information System and may be used to fund the
593 general operations of the department and 50 cents 25 cents into
594 the Highway Safety Operating Trust Fund to be used exclusively
595 to fund the Florida Real Time Vehicle Information System. The
596 only use of this latter portion of the fee shall be to fund the
597 Florida Real Time Vehicle Information System equipment,
598 software, personnel associated with the maintenance and
599 programming of the system, and networks used in the offices of
600 the county tax collectors as agents of the department and the
601 ancillary technology necessary to integrate the Florida Real
602 Time Vehicle Information System with other tax collection
603 systems. The department shall administer this program upon
604 consultation with the Florida Tax Collectors, Inc., to ensure
605 that each county tax collector’s office will be technologically
606 equipped and functional for the operation of the Florida Real
607 Time Vehicle Information System. Any of the designated revenue
608 collected to support functions of the county tax collectors and
609 not used in a given year will remain exclusively in the trust
610 fund as a carryover to the following year.
611 (8) If the applicant’s name appears on the list referred to
612 in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
613 plate or revalidation sticker may not be issued until that
614 person’s name no longer appears on the list or until the person
615 presents a receipt from the clerk showing that the fines
616 outstanding have been paid. This subsection does not apply to
617 the owner of a leased vehicle if the vehicle is registered in
618 the name of the lessee of the vehicle. The tax collector and the
619 clerk of the court are each entitled to receive monthly, as
620 costs for implementing and administering this subsection, 10
621 percent of the civil penalties and fines recovered from such
622 persons. As used in this subsection, the term “civil penalties
623 and fines” does not include a wrecker operator’s lien as
624 described in s. 713.78(13). If the tax collector has private tag
625 agents, such tag agents are entitled to receive a pro rata share
626 of the amount paid to the tax collector, based upon the
627 percentage of license plates and revalidation stickers issued by
628 the tag agent compared to the total issued within the county.
629 The authority of any private agent to issue license plates shall
630 be revoked, after notice and a hearing as provided in chapter
631 120, if he or she issues any license plate or revalidation
632 sticker contrary to the provisions of this subsection. This
633 section applies only to the annual renewal in the owner’s birth
634 month of a motor vehicle registration and does not apply to the
635 transfer of a registration of a motor vehicle sold by a motor
636 vehicle dealer licensed under this chapter, except for the
637 transfer of registrations which is inclusive of the annual
638 renewals. This section does not affect the issuance of the title
639 to a motor vehicle, notwithstanding s. 319.23(7)(b).
640 Section 17. Section 320.031, Florida Statutes, is amended
641 to read:
642 320.031 Mailing of registration certificates and, license
643 plates, and validation stickers.—
644 (1) The department and the tax collectors of the several
645 counties of the state may at the request of the applicant use
646 United States mail service to deliver registration certificates
647 and renewals thereof, license plates, and mobile home decals
648 stickers, and validation stickers to applicants.
649 (2) A mail service charge may be collected for each
650 registration certificate, license plate, and mobile home decal
651 sticker, and validation sticker mailed by the department or any
652 tax collector. Each registration certificate, license plate, and
653 mobile home decal sticker, and validation sticker shall be
654 mailed by first-class mail unless otherwise requested by the
655 applicant. The amount of the mail service charge shall be the
656 actual postage required, rounded to the nearest 5 cents, plus a
657 25-cent handling charge. The mail service charge is in addition
658 to the service charge provided by s. 320.04. All charges
659 collected by the department under this section shall be
660 deposited into the Highway Safety Operating Trust Fund.
661 Section 18. Paragraph (a) of subsection (1) of section
662 320.04, Florida Statutes, is amended to read:
663 320.04 Registration service charge.—
664 (1)(a) There shall be a service charge of $2.50 for each
665 application that which is handled in connection with original
666 issuance, duplicate issuance, or transfer of any license plate
667 or, mobile home decal sticker, or validation sticker or with
668 transfer or duplicate issuance of any registration certificate.
669 There shall may also be a service charge of $3, $2 of which
670 shall be deposited into the General Revenue Fund and $1
671 deposited into the Highway Safety Operating Trust Fund, up to $1
672 for the issuance of each vehicle, vessel, or mobile home
673 registration receipt license plate validation sticker, vessel
674 decal, and mobile home sticker issued from an automated vending
675 facility or printer dispenser machine which shall be payable to
676 and retained by the department to provide for automated vending
677 facilities or printer dispenser machines used to dispense such
678 stickers and decals by each tax collector’s or license tag
679 agent’s employee.
680 Section 19. Paragraphs (b) and (e) of subsection (3) of
681 section 320.05, Florida Statutes, are amended to read:
682 320.05 Records of the department; inspection procedure;
683 lists and searches; fees.—
684 (3)
685 (b) Fees therefor shall be charged and collected as
686 follows:
687 1. For providing lists of motor vehicle or vessel records
688 for the entire state, or any part or parts thereof, divided
689 according to counties, a sum computed at a rate of not less than
690 1 cent nor more than 5 cents per item.
691 2. For providing noncertified photographic copies of motor
692 vehicle or vessel documents, $1 per page.
693 3. For providing noncertified photographic copies of
694 micrographic records, $1 per page.
695 4. For providing certified copies of motor vehicle or
696 vessel records, $3 per record.
697 5. For providing noncertified computer-generated printouts
698 of motor vehicle or vessel records, 50 cents per record.
699 6. For providing certified computer-generated printouts of
700 motor vehicle or vessel records, $3 per record.
701 7. For providing electronic access to motor vehicle,
702 vessel, and mobile home registration data requested by tag,
703 vehicle identification number, title number, or vessel or mobile
704 home decal number, 50 cents per item.
705 8. For providing electronic access to driver’s license
706 status report by name, sex, and date of birth or by driver
707 license number, 50 cents per item.
708 9. For providing lists of licensed mobile home dealers and
709 manufacturers and recreational vehicle dealers and
710 manufacturers, $15 per list.
711 10. For providing lists of licensed motor vehicle dealers,
712 $25 per list.
713 11. For each copy of a videotape record, $15 per tape.
714 12. For each copy of the Division of Motor Vehicles
715 Procedures Manual, $25.
716 (e) When motor vehicle, vessel, or mobile home registration
717 data is provided by electronic access through a tax collector’s
718 office, the applicable fee as provided in paragraph (b) must be
719 collected and deposited pursuant to paragraph (c) a fee for the
720 electronic access is not required to be assessed. However, at
721 the tax collector’s discretion, a fee equal to or less than the
722 fee charged by the department for such information may be
723 assessed by the tax collector for the electronic access.
724 Notwithstanding paragraph (c), any funds collected by the tax
725 collector as a result of providing such access shall be retained
726 by the tax collector.
727 Section 20. Paragraph (c) of subsection (1) of section
728 320.055, Florida Statutes, is amended to read:
729 320.055 Registration periods; renewal periods.—The
730 following registration periods and renewal periods are
731 established:
732 (1)
733 (c) Notwithstanding the requirements of paragraph (a), the
734 owner of a motor vehicle subject to paragraph (a) who has had
735 his or her driver’s license suspended pursuant to a violation of
736 s. 316.193 or pursuant to s. 322.26(2) for driving under the
737 influence must obtain a 6-month registration as a condition of
738 reinstating the license, subject to renewal during the 3-year
739 period that financial responsibility requirements apply. The
740 registration period begins the first day of the birth month of
741 the owner and ends the last day of the fifth month immediately
742 following the owner’s birth month. For such vehicles, the
743 department shall issue a vehicle registration certificate that
744 is valid for 6 months and shall issue a validation sticker that
745 displays an expiration date of 6 months after the date of
746 issuance. The license tax required by s. 320.08 and all other
747 applicable license taxes shall be one-half of the amount
748 otherwise required, except the service charge required by s.
749 320.04 shall be paid in full for each 6-month registration. A
750 vehicle required to be registered under this paragraph is not
751 eligible for the extended registration period under paragraph
752 (b).
753 Section 21. Section 320.06, Florida Statutes, as amended by
754 section 2 of chapter 2009-14, Laws of Florida, is amended to
755 read:
756 320.06 Registration certificates and, license plates, and
757 validation stickers generally.—
758 (1)(a) Upon the receipt of an initial application for
759 registration and payment of the appropriate license tax and
760 other fees required by law, the department shall assign to the
761 motor vehicle a registration license number consisting of
762 letters and numerals or numerals and issue to the owner or
763 lessee a certificate of registration and one registration
764 license plate, unless two plates are required for display by s.
765 320.0706, for each vehicle so registered.
766 (b) Registration license plates bearing a graphic symbol
767 and the alphanumeric system of identification shall be issued
768 for a 10-year 6-year period. At the end of that 10-year 6-year
769 period, upon renewal, the plate shall be replaced. The
770 department shall extend the scheduled license plate replacement
771 date to the 10-year period. The department shall stagger the
772 implementation of the 6-year license plate replacement cycle.
773 The fee for such replacement is $25 $12, $2.50 $2 of which shall
774 be paid each year before the plate is replaced, to be credited
775 towards the next $25 $12 replacement fee. The fees shall be
776 deposited into the Highway Safety Operating Trust Fund. A credit
777 or refund may shall not be given for any prior years’ payments
778 of such prorated replacement fee if the plate is replaced or
779 surrendered before the end of the 10-year 6-year period, except
780 that a credit may be given when a registrant is required by the
781 department to replace a license plate under s. 320.08056(8)(a).
782 With each license plate, there shall be issued a validation
783 sticker showing the owner’s birth month, license plate number,
784 and the year of expiration or the appropriate renewal period if
785 the owner is not a natural person. The validation sticker shall
786 be placed on the upper right corner of the license plate. Such
787 license plate and validation sticker shall be issued based on
788 the applicant’s appropriate renewal period. The registration
789 period is a period of 12 months, the extended registration
790 period is a period of 24 months, and all expirations shall occur
791 based on the applicant’s appropriate registration period. A
792 vehicle with an apportioned registration shall be issued an
793 annual license plate and a cab card that denote the declared
794 gross vehicle weight for each apportioned jurisdiction in which
795 the vehicle is authorized to operate.
796 (c) Registration license plates equipped with validation
797 stickers subject to the registration period are valid for not
798 more than 12 months and expire at midnight on the last day of
799 the registration period. A registration license plate equipped
800 with a validation sticker subject to the extended registration
801 period is valid for not more than 24 months and expires at
802 midnight on the last day of the extended registration period.
803 For each registration period after the one in which the metal
804 registration license plate is issued, and until the license
805 plate is required to be replaced, a validation sticker showing
806 the month and year of expiration shall be issued upon payment of
807 the proper license tax amount and fees and is valid for not more
808 than 12 months. For each extended registration period occurring
809 after the one in which the metal registration license plate is
810 issued and until the license plate is required to be replaced, a
811 validation sticker showing the year of expiration shall be
812 issued upon payment of the proper license tax amount and fees
813 and is valid for not more than 24 months. When license plates
814 equipped with validation stickers are issued in any month other
815 than the owner’s birth month or the designated registration
816 period for any other motor vehicle, the effective date shall
817 reflect the birth month or month and the year of renewal.
818 However, when a license plate or validation sticker is issued
819 for a period of less than 12 months, the applicant shall pay the
820 appropriate amount of license tax and the applicable fee under
821 s. 320.14 in addition to all other fees. Validation stickers
822 issued for vehicles taxed under s. 320.08(6)(a), for any company
823 that owns 250 vehicles or more, or for semitrailers taxed under
824 the provisions of s. 320.08(5)(a), for any company that owns 50
825 vehicles or more, may be placed on any vehicle in the fleet so
826 long as the vehicle receiving the validation sticker has the
827 same owner’s name and address as the vehicle to which the
828 validation sticker was originally assigned.
829 (2) The department shall provide the several tax collectors
830 and license plate agents with the necessary number of validation
831 stickers.
832 (2)(3)(a) Registration license plates shall be of metal
833 specially treated with a retroreflective material, as specified
834 by the department. The registration license plate is designed to
835 increase nighttime visibility and legibility and shall be at
836 least 6 inches wide and not less than 12 inches in length,
837 unless a plate with reduced dimensions is deemed necessary by
838 the department to accommodate motorcycles, mopeds, or similar
839 smaller vehicles. Validation stickers shall be treated with a
840 retroreflective material, shall be of such size as specified by
841 the department, and shall adhere to the license plate. The
842 registration license plate shall be imprinted with a combination
843 of bold letters and numerals or numerals, not to exceed seven
844 digits, to identify the registration license plate number. The
845 license plate shall also be imprinted with the word “Florida” at
846 the top and the name of the county in which it is sold, the
847 state motto, or the words “Sunshine State” at the bottom.
848 Apportioned license plates shall have the word “Apportioned” at
849 the bottom and license plates issued for vehicles taxed under s.
850 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) shall have
851 the word “Restricted” at the bottom. License plates issued for
852 vehicles taxed under s. 320.08(12) must be imprinted with the
853 word “Florida” at the top and the word “Dealer” at the bottom.
854 Manufacturer license plates issued for vehicles taxed under s.
855 320.08(12) must be imprinted with the word “Florida” at the top
856 and the word “Manufacturer” at the bottom. License plates issued
857 for vehicles taxed under s. 320.08(5)(d) or (e) must be
858 imprinted with the word “Wrecker” at the bottom. Any county may,
859 upon majority vote of the county commission, elect to have the
860 county name removed from the license plates sold in that county.
861 The state motto or the words “Sunshine State” shall be printed
862 in lieu thereof. A license plate issued for a vehicle taxed
863 under s. 320.08(6) may not be assigned a registration license
864 number, or be issued with any other distinctive character or
865 designation, that distinguishes the motor vehicle as a for-hire
866 motor vehicle.
867 (b) A materials processing An additional fee of $2, $1.50
868 of which shall be deposited into the General Revenue Fund 50
869 cents shall be collected and 50 cents shall be deposited into
870 the Highway Safety Operating Trust Fund, for on each motor
871 vehicle registration or motor vehicle renewal registration
872 issued in this state in order that all license plates and
873 validation stickers be fully treated with retroreflective
874 material.
875 (3)(4) The corporation organized under chapter 946 may
876 manufacture license plates, validation stickers, and decals, as
877 well as temporary tags, disabled hang tags, vessel decals, and
878 fuel use decals, for the Department of Highway Safety and Motor
879 Vehicles as provided in this chapter and chapter 327. The
880 Department of Highway Safety and Motor Vehicles is not required
881 to obtain competitive bids in order to contract with the
882 corporation.
883 Section 22. Section 320.0607, Florida Statutes, are amended
884 to read:
885 320.0607 Replacement license plates, validation decal, or
886 mobile home decal sticker.—
887 (1) Any law enforcement officer or department license and
888 registration inspector may at any time inspect a license plate
889 or validation decal for proper display and legibility as
890 prescribed by chapter 316. A damaged or defaced plate or decal
891 may be required to be replaced.
892 (2) When a license plate or, mobile home decal sticker, or
893 validation decal has been lost, stolen, or destroyed, the owner
894 of the motor vehicle or mobile home for which the plate,
895 sticker, or decal was issued shall make application to the
896 department for a replacement. The application shall contain the
897 plate, sticker, or decal number being replaced and a statement
898 that the item was lost, stolen, or destroyed. If the application
899 includes a copy of the police report prepared in response to a
900 report of a stolen plate, sticker, or mobile home decal, such
901 plate, sticker, or mobile home decal must be replaced at no
902 charge.
903 (3) Except as provided in subsection (2), in all such
904 cases, upon filing of an application accompanied by a fee of $25
905 $10 plus applicable service charges, the department shall issue
906 a replacement plate, sticker, or mobile home decal as the case
907 may be if it is satisfied that the information reported in the
908 application is true. The replacement fee shall be deposited into
909 the Highway Safety Operating Trust Fund.
910 (4) Any license plate, sticker, or decal lost in the mail
911 may be replaced at no charge. Neither the service charge nor the
912 replacement fee shall be applied to this replacement. However,
913 the application for a replacement shall contain a statement of
914 such fact, the audit number of the lost item, and the date
915 issued.
916 (5) Upon the issuance of an original license plate, the
917 applicant shall pay a fee of $25 $10 to be deposited in the
918 Highway Safety Operating Trust Fund.
919 (6) All funds derived from the sale of temporary tags under
920 the provisions of s. 320.131 shall be deposited in the Highway
921 Safety Operating Trust Fund.
922 Section 23. Section 320.061, Florida Statutes, is amended
923 to read:
924 320.061 Unlawful to alter motor vehicle registration
925 certificates, license plates, mobile home decals stickers, or
926 validation stickers or to obscure license plates; penalty.—No
927 person shall alter the original appearance of any registration
928 license plate, mobile home decal sticker, validation sticker, or
929 vehicle registration certificate issued for and assigned to any
930 motor vehicle or mobile home, whether by mutilation, alteration,
931 defacement, or change of color or in any other manner. No person
932 shall apply or attach any substance, reflective matter,
933 illuminated device, spray, coating, covering, or other material
934 onto or around any license plate that interferes with the
935 legibility, angular visibility, or detectability of any feature
936 or detail on the license plate or interferes with the ability to
937 record any feature or detail on the license plate. Any person
938 who violates this section commits a misdemeanor of the second
939 degree, punishable as provided in s. 775.082 or s. 775.083.
940 Section 24. Subsection (3) of section 320.07, Florida
941 Statutes, is amended to read:
942 320.07 Expiration of registration; renewal required;
943 penalties.—
944 (3) The operation of any motor vehicle without having
945 attached thereto a registration license plate and validation
946 stickers, or the use of any mobile home without having attached
947 thereto a mobile home decal sticker, for the current
948 registration period shall subject the owner thereof, if he or
949 she is present, or, if the owner is not present, the operator
950 thereof to the following penalty provisions:
951 (a) Any person whose motor vehicle or mobile home
952 registration has been expired for a period of 6 months or less
953 commits a noncriminal traffic infraction, punishable as a
954 nonmoving violation as provided in chapter 318.
955 (b) Any person whose motor vehicle or mobile home
956 registration has been expired for more than 6 months, upon a
957 first offense, is subject to the penalty provided in s. 318.14.
958 (c) Any person whose motor vehicle or mobile home
959 registration has been expired for more than 6 months, upon a
960 second or subsequent offense, commits a misdemeanor of the
961 second degree, punishable as provided in s. 775.082 or s.
962 775.083.
963 (d) However, an operator shall not be charged with a
964 violation of this subsection if the operator can show, pursuant
965 to a valid lease agreement, that the vehicle had been leased for
966 a period of 30 days or less at the time of the offense.
967 (e) Any servicemember, as defined in s. 250.01, whose
968 mobile home registration expired while he or she was serving on
969 active duty or state active duty shall not be charged with a
970 violation of this subsection if, at the time of the offense, the
971 servicemember was serving on active duty or state active duty 35
972 miles or more from the mobile home. The servicemember must
973 present to the department either a copy of the official military
974 orders or a written verification signed by the servicemember’s
975 commanding officer to receive a waiver of charges.
976 (f) The owner of a leased motor vehicle is not responsible
977 for any penalty specified in this subsection if the motor
978 vehicle is registered in the name of the lessee of the motor
979 vehicle.
980 Section 25. Subsections (2) and (3) of section 320.071,
981 Florida Statutes, are amended to read:
982 320.071 Advance registration renewal; procedures.—
983 (2) Upon the filing of the application and payment of the
984 appropriate license tax under s. 320.08, service charges
985 required by s. 320.04, and any additional fees required by law,
986 the department or its agent shall issue to the owner of the
987 motor vehicle or mobile home a validation sticker or mobile home
988 decal sticker, as appropriate, which, when affixed to the
989 license plate or mobile home, shall renew the registration for
990 the appropriate registration period.
991 (3) Any person who uses a mobile home decal sticker or
992 validation sticker without lawful authority or who willfully
993 violates any rule of the department relating to this section is
994 guilty of a misdemeanor of the second degree, punishable as
995 provided in s. 775.082 or s. 775.083.
996 Section 26. Subsections (1) through (9) and subsections
997 (12) through (15) of section 320.08, Florida Statutes, as
998 amended by section 3 of chapter 2009-14, Laws of Florida, are
999 amended to read:
1000 320.08 License taxes.—Except as otherwise provided herein,
1001 there are hereby levied and imposed annual license taxes for the
1002 operation of motor vehicles, mopeds, motorized bicycles as
1003 defined in s. 316.003(2), and mobile homes, as defined in s.
1004 320.01, which shall be paid to and collected by the department
1005 or its agent upon the registration or renewal of registration of
1006 the following:
1007 (1) MOTORCYCLES AND MOPEDS.—
1008 (a) Any motorcycle: $11 $10 flat, $1 of which is deposited
1009 into the General Revenue Fund.
1010 (b) Any moped: $6 $5 flat, $1 of which is deposited into
1011 the General Revenue Fund.
1012 (c) Upon registration of any motorcycle, motor-driven
1013 cycle, or moped there shall be paid in addition to the license
1014 taxes specified in this subsection a nonrefundable motorcycle
1015 safety education fee in the amount of $2.50. The proceeds of
1016 such additional fee shall be deposited in the Highway Safety
1017 Operating Trust Fund to fund a motorcycle driver improvement
1018 program implemented pursuant to s. 322.025, the Florida
1019 Motorcycle Safety Education Program established in s. 322.0255,
1020 or the general operations of the department.
1021 (d) An ancient or antique motorcycle: $11 $10 flat, $1 of
1022 which is deposited into the General Revenue Fund.
1023 (2) AUTOMOBILES FOR PRIVATE USE.—
1024 (a) An ancient or antique automobile, as defined in s.
1025 320.086, or a street rod, as defined in s. 320.0863: $8.50 $7.50
1026 flat, $1 of which is deposited into the General Revenue Fund.
1027 (b) Net weight of less than 2,500 pounds: $16 $14.50 flat,
1028 $1.50 of which is deposited into the General Revenue Fund.
1029 (c) Net weight of 2,500 pounds or more, but less than 3,500
1030 pounds: $24.75 $22.50 flat, $2.25 of which is deposited into the
1031 General Revenue Fund.
1032 (d) Net weight of 3,500 pounds or more: $35.75 $32.50 flat,
1033 $3.25 of which is deposited into the General Revenue Fund.
1034 (3) TRUCKS.—
1035 (a) Net weight of less than 2,000 pounds: $16 $14.50 flat,
1036 $1.50 of which is deposited into the General Revenue Fund.
1037 (b) Net weight of 2,000 pounds or more, but not more than
1038 3,000 pounds: $24.75 $22.50 flat, $2.25 of which is deposited
1039 into the General Revenue Fund.
1040 (c) Net weight more than 3,000 pounds, but not more than
1041 5,000 pounds: $35.75 $32.50 flat, $3.25 of which is deposited
1042 into the General Revenue Fund.
1043 (d) A truck defined as a “goat,” or any other vehicle when
1044 used in the field by a farmer or in the woods for the purpose of
1045 harvesting a crop, including naval stores, during such
1046 harvesting operations, and which is not principally operated
1047 upon the roads of the state: $8.50 $7.50 flat, $1 of which is
1048 deposited into the General Revenue Fund. A “goat” is a motor
1049 vehicle designed, constructed, and used principally for the
1050 transportation of citrus fruit within citrus groves or for the
1051 transportation of crops on farms, and which can also be used for
1052 the hauling of associated equipment or supplies, including
1053 required sanitary equipment, and the towing of farm trailers.
1054 (e) An ancient or antique truck, as defined in s. 320.086:
1055 $8.50 $7.50 flat, $1 of which is deposited into the General
1056 Revenue Fund.
1057 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
1058 VEHICLE WEIGHT.—
1059 (a) Gross vehicle weight of 5,001 pounds or more, but less
1060 than 6,000 pounds: $49.50 $45 flat, $4.50 of which is deposited
1061 into the General Revenue Fund.
1062 (b) Gross vehicle weight of 6,000 pounds or more, but less
1063 than 8,000 pounds: $71.50 $65 flat, $6.50 of which is deposited
1064 into the General Revenue Fund.
1065 (c) Gross vehicle weight of 8,000 pounds or more, but less
1066 than 10,000 pounds: $84 $76 flat, $8 of which is deposited into
1067 the General Revenue Fund.
1068 (d) Gross vehicle weight of 10,000 pounds or more, but less
1069 than 15,000 pounds: $96 $87 flat, $9 of which is deposited into
1070 the General Revenue Fund.
1071 (e) Gross vehicle weight of 15,000 pounds or more, but less
1072 than 20,000 pounds: $144 $131 flat, $13 of which is deposited
1073 into the General Revenue Fund.
1074 (f) Gross vehicle weight of 20,000 pounds or more, but less
1075 than 26,001 pounds: $205 $186 flat, $19 of which is deposited
1076 into the General Revenue Fund.
1077 (g) Gross vehicle weight of 26,001 pounds or more, but less
1078 than 35,000: $264 $240 flat, $24 of which is deposited into the
1079 General Revenue Fund.
1080 (h) Gross vehicle weight of 35,000 pounds or more, but less
1081 than 44,000 pounds: $330 $300 flat, $30 of which is deposited
1082 into the General Revenue Fund.
1083 (i) Gross vehicle weight of 44,000 pounds or more, but less
1084 than 55,000 pounds: $629 $572 flat, $57 of which is deposited
1085 into the General Revenue Fund.
1086 (j) Gross vehicle weight of 55,000 pounds or more, but less
1087 than 62,000 pounds: $746 $678 flat, $68 of which is deposited
1088 into the General Revenue Fund.
1089 (k) Gross vehicle weight of 62,000 pounds or more, but less
1090 than 72,000 pounds: $880 $800 flat, $80 of which is deposited
1091 into the General Revenue Fund.
1092 (l) Gross vehicle weight of 72,000 pounds or more: $1,077
1093 $979 flat, $98 of which is deposited into the General Revenue
1094 Fund.
1095 (m) Notwithstanding the declared gross vehicle weight, a
1096 truck tractor used within a 150-mile radius of its home address
1097 shall be eligible for a license plate for a fee of $264 $240
1098 flat, $24 of which is deposited into the General Revenue Fund
1099 if:
1100 1. The truck tractor is used exclusively for hauling
1101 forestry products; or
1102 2. The truck tractor is used primarily for the hauling of
1103 forestry products, and is also used for the hauling of
1104 associated forestry harvesting equipment used by the owner of
1105 the truck tractor.
1106 (n) A truck tractor or heavy truck, not operated as a for
1107 hire vehicle, which is engaged exclusively in transporting raw,
1108 unprocessed, and nonmanufactured agricultural or horticultural
1109 products within a 150-mile radius of its home address, shall be
1110 eligible for a restricted license plate for a fee of $71.50 $65
1111 flat, $6.50 of which is deposited into the General Revenue Fund,
1112 if such vehicle’s declared gross vehicle weight is less than
1113 44,000 pounds; or $264 $240 flat, $24 of which is deposited into
1114 the General Revenue Fund, if such vehicle’s declared gross
1115 vehicle weight is 44,000 pounds or more and such vehicle only
1116 transports:
1117 1. From the point of production to the point of primary
1118 manufacture;
1119 2. From the point of production to the point of assembling
1120 the same; or
1121 3. From the point of production to a shipping point of
1122 either a rail, water, or motor transportation company.
1123
1124 Such Not-for-hire truck tractors and heavy trucks used
1125 exclusively in transporting raw, unprocessed, and
1126 nonmanufactured agricultural or horticultural products may be
1127 incidentally used to haul farm implements and fertilizers when
1128 delivered direct to the growers. The department may require any
1129 such documentation deemed necessary to determine eligibility
1130 prior to issuance of this license plate. For the purpose of this
1131 paragraph, “not-for-hire” means the owner of the motor vehicle
1132 must also be the owner of the raw, unprocessed, and
1133 nonmanufactured agricultural or horticultural product, or the
1134 user of the farm implements and fertilizer being delivered.
1135 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1136 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
1137 (a)1. A semitrailer drawn by a GVW truck tractor by means
1138 of a fifth-wheel arrangement: $11 $10 flat, $1 of which is
1139 deposited into the General Revenue Fund per registration year or
1140 any part thereof.
1141 2. A semitrailer drawn by a GVW truck tractor by means of a
1142 fifth-wheel arrangement: $55 $50 flat, $5 of which is deposited
1143 into the General Revenue Fund per permanent registration.
1144 (b) A motor vehicle equipped with machinery and designed
1145 for the exclusive purpose of well drilling, excavation,
1146 construction, spraying, or similar activity, and which is not
1147 designed or used to transport loads other than the machinery
1148 described above over public roads: $35.75 $32.50 flat, $3.25 of
1149 which is deposited into the General Revenue Fund.
1150 (c) A school bus used exclusively to transport pupils to
1151 and from school or school or church activities or functions
1152 within their own county: $33 $30 flat, $3 of which is deposited
1153 into the General Revenue Fund.
1154 (d) A wrecker, as defined in s. 320.01(40), which is used
1155 to tow a vessel as defined in s. 327.02(39), a disabled,
1156 abandoned, stolen-recovered, or impounded motor vehicle as
1157 defined in s. 320.01(38), or a replacement motor vehicle as
1158 defined in s. 320.01(39):$33 $30 flat, $3 of which is deposited
1159 into the General Revenue Fund.
1160 (e) A wrecker, as defined in s. 320.01(40), which is used
1161 to tow any motor vehicle, regardless of whether or not such
1162 motor vehicle is a disabled motor vehicle as defined in s.
1163 320.01(38), a replacement motor vehicle as defined in s.
1164 320.01(39), a vessel as defined in s. 327.02(39), or any other
1165 cargo, as follows:
1166 1. Gross vehicle weight of 10,000 pounds or more, but less
1167 than 15,000 pounds: $96 $87 flat, $9 of which is deposited into
1168 the General Revenue Fund.
1169 2. Gross vehicle weight of 15,000 pounds or more, but less
1170 than 20,000 pounds: $144 $131 flat, $13 of which is deposited
1171 into the General Revenue Fund.
1172 3. Gross vehicle weight of 20,000 pounds or more, but less
1173 than 26,000 pounds: $205 $186 flat, $19 of which is deposited
1174 into the General Revenue Fund.
1175 4. Gross vehicle weight of 26,000 pounds or more, but less
1176 than 35,000 pounds: $264 $240 flat, $24 of which is deposited
1177 into the General Revenue Fund.
1178 5. Gross vehicle weight of 35,000 pounds or more, but less
1179 than 44,000 pounds: $330 $300 flat, $30 of which is deposited
1180 into the General Revenue Fund.
1181 6. Gross vehicle weight of 44,000 pounds or more, but less
1182 than 55,000 pounds: $629 $572 flat, $57 of which is deposited
1183 into the General Revenue Fund.
1184 7. Gross vehicle weight of 55,000 pounds or more, but less
1185 than 62,000 pounds: $746 $678 flat, $68 of which is deposited
1186 into the General Revenue Fund.
1187 8. Gross vehicle weight of 62,000 pounds or more, but less
1188 than 72,000 pounds: $880 $800 flat, $80 of which is deposited
1189 into the General Revenue Fund.
1190 9. Gross vehicle weight of 72,000 pounds or more: $1,077
1191 $979 flat, $98 of which is deposited in the General Revenue
1192 Fund.
1193 (f) A hearse or ambulance: $33 $30 flat, $3 of which is
1194 deposited into the General Revenue Fund.
1195 (6) MOTOR VEHICLES FOR HIRE.—
1196 (a) Under nine passengers: $13.75 $12.50 flat, $1.25 of
1197 which is deposited into the General Revenue Fund plus $1 per
1198 cwt.
1199 (b) Nine passengers and over: $13.75 $12.50 flat, $1.25 of
1200 which is deposited into the General Revenue Fund plus $1.50 per
1201 cwt.
1202 (7) TRAILERS FOR PRIVATE USE.—
1203 (a) Any trailer weighing 500 pounds or less: $6 $5 flat, $1
1204 of which is deposited into the General Revenue Fund per year or
1205 any part thereof.
1206 (b) Net weight over 500 pounds: $2.75 $2.50 flat, 25 cents
1207 of which is deposited into the General Revenue Fund plus 75
1208 cents per cwt.
1209 (8) TRAILERS FOR HIRE.—
1210 (a) Net weight under 2,000 pounds: $2.75 $2.50 flat, 25
1211 cents of which is deposited into the General Revenue Fund plus
1212 $1 per cwt.
1213 (b) Net weight 2,000 pounds or more: $11 $10 flat, $1 of
1214 which is deposited into the General Revenue Fund plus $1 per
1215 cwt.
1216 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
1217 (a) A travel trailer or fifth-wheel trailer, as defined by
1218 s. 320.01(1)(b), that does not exceed 35 feet in length: $22 $20
1219 flat, $2 of which is deposited into the General Revenue Fund.
1220 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $11
1221 $10 flat, $1 of which is deposited into the General Revenue
1222 Fund.
1223 (c) A motor home, as defined by s. 320.01(1)(b)4.:
1224 1. Net weight of less than 4,500 pounds: $22 $20 flat, $2
1225 of which is deposited into the General Revenue Fund.
1226 2. Net weight of 4,500 pounds or more: $38.50 $35 flat,
1227 $3.50 of which is deposited into the General Revenue Fund.
1228 (d) A truck camper as defined by s. 320.01(1)(b)3.:
1229 1. Net weight of less than 4,500 pounds: $22 $20 flat, $2
1230 of which is deposited into the General Revenue Fund.
1231 2. Net weight of 4,500 pounds or more: $38.50 $35 flat,
1232 $3.50 of which is deposited into the General Revenue Fund.
1233 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
1234 1. Net weight of less than 4,500 pounds: $22 $20 flat, $2
1235 of which is deposited into the General Revenue Fund.
1236 2. Net weight of 4,500 pounds or more: $38.50 $35 flat,
1237 $3.50 of which is deposited into the General Revenue Fund.
1238 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
1239 motor vehicle dealer, independent motor vehicle dealer, marine
1240 boat trailer dealer, or mobile home dealer and manufacturer
1241 license plate: $14 $12.50 flat, $1.50 of which is deposited into
1242 the General Revenue Fund.
1243 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
1244 official license plate: $3.50 $3 flat, 50 cents of which is
1245 deposited into the General Revenue Fund.
1246 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
1247 vehicle for hire operated wholly within a city or within 25
1248 miles thereof: $14 $12.50 flat, $1.50 of which is deposited into
1249 the General Revenue Fund, plus $1.50 per cwt.
1250 (15) TRANSPORTER.—Any transporter license plate issued to a
1251 transporter pursuant to s. 320.133: $83 $75 flat, $8 of which is
1252 deposited into the General Revenue Fund.
1253 Section 27. Section 320.08035, Florida Statutes, is amended
1254 to read:
1255 320.08035 Persons who have disabilities; reduced dimension
1256 license plate.—The owner or lessee of a motorcycle, moped, or
1257 motorized disability access vehicle who resides in this state
1258 and qualifies for a parking permit for a person who has a
1259 disability under s. 320.0848, upon application and payment of
1260 the appropriate license tax and fees under s. 320.08(1), must be
1261 issued a license plate that has reduced dimensions as provided
1262 under s. 320.06(2)(a) s. 320.06(3)(a). The plate must be stamped
1263 with the international symbol of accessibility after the numeric
1264 and alpha serial number of the license plate. The plate entitles
1265 the person to all privileges afforded by a disabled parking
1266 permit issued under s. 320.0848.
1267 Section 28. Section 320.08046, Florida Statutes, is amended
1268 to read:
1269 320.08046 Surcharge on license tax; General Revenue Fund.
1270 There is levied on each license tax imposed under s. 320.08,
1271 except those set forth in s. 320.08(11), a surcharge in the
1272 amount of $5 $1, which shall be collected in the same manner as
1273 the license tax. Of the proceeds of the license tax surcharge,
1274 $4.50 58 percent shall be deposited into the General Revenue
1275 Fund and 50 cents 42 percent shall be deposited into the Grants
1276 and Donations Trust Fund in the Department of Juvenile Justice
1277 to fund the community juvenile justice partnership grants
1278 program.
1279 Section 29. Subsection (2) of section 320.0805, Florida
1280 Statutes, as amended by section 4 of chapter 2009-14, Laws of
1281 Florida, is amended to read:
1282 320.0805 Personalized prestige license plates.—
1283 (2) Each request for specific numbers or letters or
1284 combinations thereof shall be submitted annually to the
1285 department on an application form supplied by the department,
1286 accompanied by the following tax and fees:
1287 (a) The license tax required for the vehicle, as set forth
1288 in s. 320.08.
1289 (b) A prestige plate annual use fee of $10.
1290 (c) A processing fee of $5 $2, $3 of which shall be
1291 deposited into the General Revenue Fund and $2 to be deposited
1292 into the Highway Safety Operating Trust Fund.
1293 Section 30. Subsection (3) of section 320.08056, Florida
1294 Statutes, as amended by section 5 of chapter 2009-14, Laws of
1295 Florida, is amended to read:
1296 320.08056 Specialty license plates.—
1297 (3) Each request must be made annually to the department,
1298 accompanied by the following tax and fees:
1299 (a) The license tax required for the vehicle as set forth
1300 in s. 320.08.
1301 (b) A processing fee of $5 $2, $3 of which shall to be
1302 deposited into the General Revenue Fund and $2 deposited into
1303 the Highway Safety Operating Trust Fund.
1304 (c) A license plate fee as required by s. 320.06(1)(b).
1305 (d) A license plate annual use fee as required in
1306 subsection (4).
1307
1308 A request may be made any time during a registration period. If
1309 a request is made for a specialty license plate to replace a
1310 current valid license plate, the specialty license plate must be
1311 issued with appropriate decals attached at no tax for the plate,
1312 but all fees and service charges must be paid. When a request is
1313 made for a specialty license plate at the beginning of the
1314 registration period, the tax, together with all applicable fees
1315 and service charges, must be paid.
1316 Section 31. Subsection (4) of section 320.0807, Florida
1317 Statutes, is amended to read:
1318 320.0807 Special license plates for Governor and federal
1319 and state legislators.—
1320 (4) License plates purchased under subsection (1),
1321 subsection (2), or subsection (3) shall be replaced by the
1322 department at no cost, other than the fees required by ss.
1323 320.04 and 320.06(2)(b) 320.06(3)(b), when the person to whom
1324 such plates have been issued leaves the elective office with
1325 respect to which such license plates were issued. Within 30 days
1326 after leaving office, the person to whom such license plates
1327 have been issued shall make application to the department for a
1328 replacement license plate. Such person may return the prestige
1329 license plates to the department or may retain such plates as
1330 souvenirs. Upon receipt of the replacement license plate, such
1331 person shall not continue to display on any vehicle the prestige
1332 license plate or plates issued with respect to his or her former
1333 office.
1334 Section 32. Subsection (5) of section 320.081, Florida
1335 Statutes, is amended to read:
1336 320.081 Collection and distribution of annual license tax
1337 imposed on the following type units.—
1338 (5) The department shall keep records showing the total
1339 number of stickers issued to each type unit governed by this
1340 section, the total amount of license taxes collected, and the
1341 county or city wherein each such unit is located and shall from
1342 month to month certify to the Chief Financial Officer the amount
1343 derived from license taxes in each county and each city within
1344 the county. Such amount, less the amount of $1.50 collected on
1345 each license and the $1 license tax surcharge imposed by s.
1346 320.08015, shall be paid to the counties and cities within the
1347 counties wherein the unit or units are located as follows: one
1348 half to the district school board and the remainder either to
1349 the board of county commissioners, for units which are located
1350 within the unincorporated areas of the county, or to any city
1351 within such county, for units which are located within its
1352 corporate limits. Payment shall be by warrant drawn by the Chief
1353 Financial Officer upon the treasury, on a which amount is hereby
1354 appropriated monthly basis out of the License Tax Collection
1355 Trust Fund.
1356 Section 33. Subsections (3) and (4) of section 320.084,
1357 Florida Statutes, are amended to read:
1358 320.084 Free motor vehicle license plate to certain
1359 disabled veterans.—
1360 (3) The department shall, as it deems necessary, require
1361 each person to whom a motor vehicle license plate has been
1362 issued pursuant to subsection (1) to apply to the department for
1363 reissuance of his or her registration license plate. Upon
1364 receipt of the application and proof of the applicant’s
1365 continued eligibility, the department shall issue a new
1366 permanent “DV” numerical motor vehicle license plate which shall
1367 be of the colors red, white, and blue similar to the colors of
1368 the United States flag. The operation of a motor vehicle
1369 displaying a “DV” license plate from a previous issue period or
1370 a noncurrent validation sticker after the date specified by the
1371 department shall subject the owner if he or she is present,
1372 otherwise the operator, to the penalty provided in s. 318.18(2).
1373 Such permanent license plate shall be removed upon sale of the
1374 vehicle, but may be transferred to another vehicle owned by such
1375 veteran in the manner prescribed by law. The license number of
1376 each plate issued under this section shall be identified by the
1377 letter designation “DV.” Upon request of any such veteran, the
1378 department is authorized to issue a designation plate containing
1379 only the letters “DV,” to be displayed on the front of the
1380 vehicle.
1381 (4)(a) With the issuance of each new permanent “DV”
1382 numerical motor vehicle license plate, the department shall
1383 initially issue, without cost to the applicant, a validation
1384 sticker reflecting the owner’s birth month and a serially
1385 numbered validation sticker reflecting the year of expiration.
1386 The initial sticker reflecting the year of expiration may not
1387 exceed 15 months.
1388 (a)(b) There shall be a service charge in accordance with
1389 the provisions of s. 320.04 for each initial application or
1390 renewal of registration and an additional sum of 50 cents on
1391 each license plate and validation sticker as provided in s.
1392 320.06(2)(b) s. 320.06(3)(b).
1393 (b)(c) Registration under this section shall be renewed
1394 annually during the applicable renewal period on forms
1395 prescribed by the department, which shall include, in addition
1396 to any other information required by the department, a certified
1397 statement as to the continued eligibility of the applicant to
1398 receive the special “DV” license plate. Any applicant who
1399 falsely or fraudulently submits to the department the certified
1400 statement required by this paragraph is guilty of a noncriminal
1401 violation and is subject to a civil penalty of $50.
1402 Section 34. Subsection (4) of section 320.086, Florida
1403 Statutes, is amended to read:
1404 320.086 Ancient or antique motor vehicles; horseless
1405 carriage, antique, or historical license plates; former military
1406 vehicles.—
1407 (4) Any person who is the registered owner of a motor
1408 vehicle as defined in this section and manufactured in the model
1409 year 1974 or earlier may apply to the department for permission
1410 to use a historical Florida license plate that clearly
1411 represents the model year of the vehicle as a personalized
1412 prestige license plate. This plate shall be furnished by such
1413 person and shall be presented to the department with a
1414 reasonable fee to be determined by the department for approval
1415 and for authentication that the historic license plate and any
1416 applicable decals were issued by this state in the same year as
1417 the model year of the car or truck. The requirements of s.
1418 320.0805(8)(b) do not apply to historical plates authorized
1419 under this subsection.
1420 Section 35. Subsections (3) and (5) of section 320.0894,
1421 Florida Statutes, are amended to read:
1422 320.0894 Motor vehicle license plates to Gold Star family
1423 members.—The department shall develop a special license plate
1424 honoring the family members of servicemembers who have been
1425 killed while serving in the Armed Forces of the United States.
1426 The license plate shall be officially designated as the Gold
1427 Star license plate and shall be developed and issued as provided
1428 in this section.
1429 (3)(a) Each owner or lessee of an automobile or truck for
1430 private use, truck weighing not more than 7,999 pounds, or
1431 recreational vehicle as specified in s. 320.08(9)(c) or (d),
1432 which automobile, truck, or vehicle is not used for hire or
1433 commercial use, who is a resident of this state, and who meets
1434 the qualifications provided in subsection (4) shall, upon
1435 application therefor to the department and payment of the
1436 license tax and appropriate fees established in this chapter, be
1437 issued a Gold Star license plate. Each initial application for a
1438 Gold Star license plate must be accompanied by proof that the
1439 applicant meets the requirements provided in subsection (4).
1440 (b) The surviving spouse and a surviving parent meeting the
1441 requirements in subsection (4) shall each, upon application
1442 therefor, be issued the Gold Star license plate for one vehicle
1443 per household free of charge. Renewal decals for the plate
1444 issued under this paragraph shall be issued at no cost.
1445 (5) An eligible family member may request a Gold Star
1446 license plate at any time during his or her registration period.
1447 If such a license plate is to replace a current valid license
1448 plate, the license plate shall be issued with appropriate
1449 renewal decals attached.
1450 Section 36. Subsection (2) of section 320.10, Florida
1451 Statutes, is amended to read:
1452 320.10 Exemptions.—
1453 (2) Any such vehicle or mobile home, except one owned or
1454 operated exclusively by the Federal Government, shall be
1455 furnished a license plate, validation sticker, or mobile home
1456 decal sticker upon the proper application to the department and
1457 upon the payment of $3 to cover the cost of same. For any motor
1458 vehicle or mobile home which is exempt under paragraph (1)(a),
1459 there shall be issued a license plate, validation sticker, or
1460 mobile home decal sticker prescribed by s. 320.06; and for any
1461 vehicle which is exempt under paragraphs (1)(c)-(h), there shall
1462 be issued a license plate under series “X.” Vehicles exempt
1463 under this provision must be equipped with proper license plates
1464 showing such exempt status.
1465 Section 37. Section 320.26, Florida Statutes, is amended to
1466 read:
1467 320.26 Counterfeiting license plates, validation stickers,
1468 mobile home decals stickers, cab cards, trip permits, or special
1469 temporary operational permits prohibited; penalty.—
1470 (1)(a) No person shall counterfeit registration license
1471 plates, validation stickers, or mobile home decals stickers, or
1472 have in his or her possession any such plates or decals
1473 stickers; nor shall any person manufacture, sell, or dispose of
1474 registration license plates, validation stickers, or mobile home
1475 decals stickers in the state without first having obtained the
1476 permission and authority of the department in writing.
1477 (b) No person shall counterfeit, alter, or manufacture
1478 International Registration Plan cab cards, trip permits, special
1479 temporary permits, or temporary operational permits; nor shall
1480 any person sell or dispose of International Registration Plan
1481 cab cards, trip permits, special temporary permits, or temporary
1482 operational permits without first having obtained the permission
1483 and authority of the department in writing.
1484 (2) Any person who violates this section is guilty of a
1485 felony of the third degree.
1486 (a) If the violator is a natural person, he or she is
1487 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1488 (b) If the violator is an association or corporation, it is
1489 punishable as provided in s. 775.083, and the official of the
1490 association or corporation under whose direction or with whose
1491 knowledge, consent, or acquiescence such violation occurred may
1492 be punished as provided in s. 775.082, in addition to the fine
1493 which may be imposed upon such association or corporation.
1494 Section 38. Section 320.261, Florida Statutes, is amended
1495 to read:
1496 320.261 Attaching registration license plate not assigned
1497 unlawful; penalty.—Any person who knowingly attaches to any
1498 motor vehicle or mobile home any registration license plate, or
1499 who knowingly attaches any validation sticker or mobile home
1500 decal sticker to a registration license plate, which plate or
1501 decal sticker was not issued and assigned or lawfully
1502 transferred to such vehicle, is guilty of a misdemeanor of the
1503 second degree, punishable as provided in s. 775.082 or s.
1504 775.083.
1505 Section 39. Subsections (13) through (18) of section
1506 320.822, Florida Statutes, are amended to read:
1507 320.822 Definitions; ss. 320.822-320.862.—In construing ss.
1508 320.822-320.862, unless the context otherwise requires, the
1509 following words or phrases have the following meanings:
1510 (13) “Seal” or “label” means a device issued by the
1511 department certifying that a mobile home or recreational vehicle
1512 meets the appropriate code, which device is to be displayed on
1513 the exterior of the mobile home or recreational vehicle.
1514 (13)(14) “Setup” or “installation” means the operations
1515 performed at the occupancy site which render a mobile home or
1516 park trailer fit for habitation. Such operations include, but
1517 are not limited to, transporting; positioning; blocking;
1518 leveling, supporting, installing foundation products,
1519 components, and systems; connecting utility systems; making
1520 minor adjustments; or assembling multiple or expandable units.
1521 (14)(15) “Substantial defect” means:
1522 (a) Any substantial deficiency or defect in materials or
1523 workmanship occurring to a mobile home or recreational vehicle
1524 which has been reasonably maintained and cared for in normal
1525 use.
1526 (b) Any structural element, utility system, or component of
1527 the mobile home or recreational vehicle, which fails to comply
1528 with the code.
1529 (15)(16) “Supplier” means the original producer of
1530 completed components, including refrigerators, stoves, hot water
1531 heaters, dishwashers, cabinets, air conditioners, heating units,
1532 and similar components, which are furnished to a manufacturer or
1533 dealer for installation in the mobile home or recreational
1534 vehicle prior to sale to a buyer.
1535 (16)(17) “Width of a mobile home” means the distance from
1536 the exterior of one side wall to the exterior of the opposite
1537 side wall where such walls enclose living or other interior
1538 space and such distance includes expandable rooms but not bay
1539 windows, porches, wall and roof extensions, or other
1540 attachments.
1541 (17)(18) “Body size” of a park trailer, travel trailer, or
1542 fifth-wheel trailer means the distance from the exterior side or
1543 end to the opposite exterior side or end of the body. Such
1544 distance includes expandable rooms, bay windows, wall and roof
1545 extensions, or other extrusions in the travel mode. The
1546 following exceptions apply:
1547 (a) Travel trailers shall not exceed 320 square feet. All
1548 square footage measurements are of the exterior when in setup
1549 mode, including bay windows.
1550 (b) Park trailers constructed to ANSI A-119.5 shall not
1551 exceed 400 square feet. Park trailers constructed to the United
1552 States Department of Housing and Urban Development standard
1553 shall not exceed 500 square feet. All square footage
1554 measurements are of the exterior when in setup mode and do not
1555 include bay windows.
1556 (c) Fifth-wheel trailers may not exceed 400 square feet.
1557 All square footage measurements are of the exterior when in
1558 setup mode, including bay windows.
1559 Section 40. Section 320.824, Florida Statutes, is repealed.
1560 Section 41. Section 320.8245, Florida Statutes, is amended
1561 to read:
1562 320.8245 Limitation of alteration or modification to mobile
1563 homes or recreational vehicles.—
1564 (1) LIMITATION OF ALTERATIONS OR MODIFICATIONS.—No
1565 alteration or modification shall be made to a mobile home or
1566 recreational vehicle by a licensed dealer after shipment from
1567 the manufacturer’s plant unless such alteration or modification
1568 is authorized in this section.
1569 (2) EFFECT ON MOBILE HOME WARRANTY.—Unless an alteration or
1570 modification is performed by a qualified person as defined in
1571 subsection (3)(4), the warranty responsibility of the
1572 manufacturer as to the altered or modified item shall be void.
1573 (a) An alteration or modification performed by a mobile
1574 home or recreational vehicle dealer or his or her agent or
1575 employee shall place warranty responsibility for the altered or
1576 modified item upon the dealer. If the manufacturer fulfills, or
1577 is required to fulfill, the warranty on the altered or modified
1578 item, he or she shall be entitled to recover damages in the
1579 amount of his or her costs and attorneys’ fees from the dealer.
1580 (b) An alteration or modification performed by a mobile
1581 home or recreational vehicle owner or his or her agent shall
1582 render the manufacturer’s warranty as to that item void. A
1583 statement shall be displayed clearly and conspicuously on the
1584 face of the warranty that the warranty is void as to the altered
1585 or modified item if the alteration or modification is performed
1586 by other than a qualified person. Failure to display such
1587 statement shall result in warranty responsibility on the
1588 manufacturer.
1589 (3) AUTHORITY OF THE DEPARTMENT.—The department is
1590 authorized to promulgate rules and regulations pursuant to
1591 chapter 120 which define the alterations or modifications which
1592 must be made by qualified personnel. The department may regulate
1593 only those alterations and modifications which substantially
1594 impair the structural integrity or safety of the mobile home.
1595 (3)(4) DESIGNATION AS A QUALIFIED PERSON.—
1596 (a) In order to be designated as a person qualified to
1597 alter or modify a mobile home or recreational vehicle, a person
1598 must comply with local or county licensing or competency
1599 requirements in skills relevant to performing alterations or
1600 modifications on mobile homes or recreational vehicles.
1601 (b) When no local or county licensing or competency
1602 requirements exist, the department may certify persons to
1603 perform mobile home alterations or modifications. The department
1604 shall by rule or regulation determine what skills and competency
1605 requirements are requisite to the issuance of a certification. A
1606 fee sufficient to cover the costs of issuing certifications may
1607 be charged by the department. The certification shall be valid
1608 for a period which terminates when the county or other local
1609 governmental unit enacts relevant competency or licensing
1610 requirements. The certification shall be valid only in counties
1611 or localities without licensing or competency requirements.
1612 (c) The department shall determine which counties and
1613 localities have licensing or competency requirements adequate to
1614 eliminate the requirement of certification. This determination
1615 shall be based on a review of the relevant county or local
1616 standards for adequacy in regulating persons who perform
1617 alterations or modifications to mobile homes. The department
1618 shall find local or county standards adequate when minimal
1619 licensing or competency standards are provided.
1620 Section 42. Subsection (6) of section 320.8249, Florida
1621 Statutes, is amended to read:
1622 320.8249 Mobile home installers license.—
1623 (6) “Installation,” as used herein, is synonymous with
1624 “setup” as defined in s.320.822(13) s. 320.822(14).
1625 Section 43. Section 320.8255, Florida Statutes, is
1626 repealed.
1627 Section 44. Section 320.827, Florida Statutes, is amended
1628 to read:
1629 320.827 Label; procedures for issuance; certification;
1630 requirements.—No dealer shall sell or offer for sale in this
1631 state any new mobile home manufactured after January 1, 1968,
1632 unless the mobile home bears a label and the certification by
1633 the manufacturer that the mobile home to which the label is
1634 attached meets or exceeds the appropriate code. Any mobile home
1635 bearing the insignia of approval pursuant to this section shall
1636 be deemed to comply with the requirements of all local
1637 government ordinances or rules which govern construction, and no
1638 mobile home bearing an the department insignia of approval shall
1639 be in any way modified except in compliance with this chapter.
1640 Labels may be issued by the department when applied for with an
1641 affidavit certifying that the dealer or manufacturer applying
1642 will not attach a label to any new mobile home that does not
1643 meet or exceed the appropriate code. No mobile home may be
1644 manufactured in this state unless it bears a label and
1645 certification that the mobile home meets or exceeds the code of
1646 the United States Department of Housing and Urban Development.
1647 The label for each mobile home shall be displayed in a manner to
1648 be prescribed by the department.
1649 Section 45. Section 320.834, Florida Statutes, is amended
1650 to read:
1651 320.834 Purpose.—It is the intent of the Legislature to
1652 ensure the safety and welfare of residents of mobile homes
1653 through a licensing an inspection program conducted by the
1654 Department of Highway Safety and Motor Vehicles. Mobile homes
1655 are a primary affordable housing resource of many of the
1656 residents of the state and satisfy a large segment of statewide
1657 housing needs. It is the further intent of the Legislature that
1658 the department, mobile home dealers, and mobile home
1659 manufacturers continue to work together to meet the applicable
1660 code requirements for mobile homes and that such dealers and
1661 manufacturers share the responsibilities of warranting mobile
1662 homes in accordance with applicable codes and resolving
1663 legitimate consumer complaints in a timely, efficient manner.
1664 Section 46. Subsection (3) of section 322.051, Florida
1665 Statutes, is amended to read:
1666 322.051 Identification cards.—
1667 (3) If an identification card issued under this section is
1668 lost, destroyed, or mutilated or a new name is acquired, the
1669 person to whom it was issued may obtain a duplicate upon
1670 furnishing satisfactory proof of such fact to the department and
1671 upon payment of a fee as provided in s. 322.21 of $10 for such
1672 duplicate, $2.50 of which shall be deposited into the General
1673 Revenue Fund and $7.50 into the Highway Safety Operating Trust
1674 Fund. The fee shall include payment for the color photograph or
1675 digital image of the applicant. Any person who loses an
1676 identification card and who, after obtaining a duplicate, finds
1677 the original card shall immediately surrender the original card
1678 to the department. The same documentary evidence shall be
1679 furnished for a duplicate as for an original identification
1680 card.
1681 Section 47. Paragraph (c) of subsection (5) of section
1682 322.081, Florida Statutes, is amended to read:
1683 322.081 Requests to establish voluntary check-off on
1684 driver’s license application.—
1685 (5) A voluntary contribution collected and distributed
1686 under this chapter, or any interest earned from those
1687 contributions, may not be used for commercial or for-profit
1688 activities nor for general or administrative expenses, except as
1689 authorized by law.
1690 (c) Any voluntary contributions authorized by law must be
1691 deposited into and distributed from the Motor Vehicle License
1692 Clearing Trust Fund to the recipients specified in chapter 322
1693 shall only be distributed to an organization under an
1694 appropriation by the Legislature.
1695 Section 48. Subsection (1) of section 322.12, Florida
1696 Statutes, is amended to read:
1697 322.12 Examination of applicants.—
1698 (1) It is the intent of the Legislature that every
1699 applicant for an original driver’s license in this state be
1700 required to pass an examination pursuant to this section.
1701 However, the department may waive the knowledge, endorsement,
1702 and skills tests for an applicant who is otherwise qualified and
1703 who surrenders a valid driver’s license from another state or a
1704 province of Canada, or a valid driver’s license issued by the
1705 United States Armed Forces, if the driver applies for a Florida
1706 license of an equal or lesser classification. Any applicant who
1707 fails to pass the initial knowledge test will incur a $10 $5 fee
1708 for each subsequent test, to be deposited into the Highway
1709 Safety Operating Trust Fund. Any applicant who fails to pass the
1710 initial skills test will incur a $20 $10 fee for each subsequent
1711 test, to be deposited into the Highway Safety Operating Trust
1712 Fund. A person who seeks to retain a hazardous-materials
1713 endorsement, pursuant to s. 322.57(1)(d), must pass the
1714 hazardous-materials test, upon surrendering his or her
1715 commercial driver’s license, if the person has not taken and
1716 passed the hazardous-materials test within 2 years preceding his
1717 or her application for a commercial driver’s license in this
1718 state.
1719 Section 49. Subsection (9) and paragraph (a) of subsection
1720 (11) of section 322.20, Florida Statutes, are amended to read:
1721 322.20 Records of the department; fees; destruction of
1722 records.—
1723 (9) The department may, upon application, furnish to any
1724 person, from the records of the Division of Driver Licenses, a
1725 list of the names, addresses, and birth dates of the licensed
1726 drivers of the entire state or any portion thereof by age group.
1727 In addition, the department may furnish to the courts, for the
1728 purpose of establishing jury selection lists, the names,
1729 addresses, and birth dates of the persons of the entire state or
1730 any portion thereof by age group having identification cards
1731 issued by the department. Each person who requests such
1732 information shall pay a fee, set by the department, of 5 cents 1
1733 cent per name listed, except that the department shall furnish
1734 such information without charge to the courts for the purpose of
1735 jury selection or to any state agency or to any state attorney,
1736 sheriff, or chief of police. Such court, state agency, state
1737 attorney, or law enforcement agency may not sell, give away, or
1738 allow the copying of such information. Noncompliance with this
1739 prohibition shall authorize the department to charge the
1740 noncomplying court, state agency, state attorney, or law
1741 enforcement agency the appropriate fee for any subsequent lists
1742 requested. The department may adopt rules necessary to implement
1743 this subsection.
1744 (11)(a) The department is authorized to charge the
1745 following fees for the following services and documents:
1746 1. For providing a transcript of any one individual’s
1747 driver history record or any portion thereof for the past 3 or 7
1748 years or for searching for such record when no record is found
1749 to be on file $10 $2.10
1750 2. For providing a transcript of any one individual’s
1751 driver history record or any portion thereof for the past 7
1752 years or for searching for such record when no record is found
1753 to be on file $3.10
1754 2.3. For providing a certified copy of a transcript of the
1755 driver history record or any portion thereof for any one
1756 individual $10 $3.10
1757 3.4. For providing a certified photographic copy of a
1758 document, per page $1.00
1759 4.5. For providing an exemplified record $15.00
1760 5.6. For providing photocopies of documents, papers,
1761 letters, clearances, or license or insurance status reports, per
1762 page $0.50
1763 6.7. For assisting persons in searching any one
1764 individual’s driver record at a terminal located at the
1765 department’s general headquarters in Tallahassee $2.00
1766 Section 50. Section 322.201, Florida Statutes, is amended
1767 to read:
1768 322.201 Records as evidence.—A copy, computer copy, or
1769 transcript of all abstracts of crash reports and all abstracts
1770 of court records of convictions received by the department and
1771 the complete driving record of any individual duly certified by
1772 machine imprint of the department or by machine imprint of the
1773 clerk of a court shall be received as evidence in all courts of
1774 this state without further authentication, provided the same is
1775 otherwise admissible in evidence. Further, any court or the
1776 office of the clerk of any court of this state which is
1777 electronically connected by a terminal device to the computer
1778 data center of the department may use as evidence in any case
1779 the information obtained by this device from the records of the
1780 department without need of such certification; however, if a
1781 genuine issue as to the authenticity of such information is
1782 raised by a party or by the court, the court in its sound
1783 discretion may require that a record certified by the department
1784 be submitted for admission into evidence. For such computer
1785 copies generated by a terminal device of a court or clerk of
1786 court, entry in a driver’s record that the notice required by s.
1787 322.251 was given shall constitute sufficient evidence that such
1788 notice was given.
1789 Section 51. Section 322.21, Florida Statutes, is amended to
1790 read:
1791 322.21 License fees; procedure for handling and collecting
1792 fees.—
1793 (1) Except as otherwise provided herein, the fee for:
1794 (a) An original or renewal commercial driver’s license is
1795 $75 $67, which shall include the fee for driver education
1796 provided by s. 1003.48; however, if an applicant has completed
1797 training and is applying for employment or is currently employed
1798 in a public or nonpublic school system that requires the
1799 commercial license, the fee shall be the same as for a Class E
1800 driver’s license. A delinquent fee of $10 $1 shall be added for
1801 a renewal made not more than 12 months after the license
1802 expiration date.
1803 (b) An original Class E driver’s license is $35 $27, which
1804 shall include the fee for driver’s education provided by s.
1805 1003.48; however, if an applicant has completed training and is
1806 applying for employment or is currently employed in a public or
1807 nonpublic school system that requires a commercial driver
1808 license, the fee shall be the same as for a Class E license.
1809 (c) The renewal or extension of a Class E driver’s license
1810 or of a license restricted to motorcycle use only is $28 $20,
1811 except that a delinquent fee of $10 $1 shall be added for a
1812 renewal or extension made not more than 12 months after the
1813 license expiration date. The fee provided in this paragraph
1814 shall include the fee for driver’s education provided by s.
1815 1003.48.
1816 (d) An original driver’s license restricted to motorcycle
1817 use only is $35 $27, which shall include the fee for driver’s
1818 education provided by s. 1003.48.
1819 (e) A replacement driver’s license issued pursuant to s.
1820 322.17 is $20 $10. Of this amount $7 shall be deposited into the
1821 Highway Safety Operating Trust Fund and $13 $3 shall be
1822 deposited into the General Revenue Fund.
1823 (f) An original, renewal, or replacement identification
1824 card issued pursuant to s. 322.051 is $11 $10. Funds collected
1825 from these fees shall be distributed as follows:
1826 1. For an original identification card issued pursuant to
1827 s. 322.051 the fee shall be $11 $10. This amount shall be
1828 deposited into the General Revenue Fund.
1829 2. For a renewal identification card issued pursuant to s.
1830 322.051 the fee shall be $11 $10. Of this amount, $6 shall be
1831 deposited into the Highway Safety Operating Trust Fund and $6 $4
1832 shall be deposited into the General Revenue Fund.
1833 3. For a replacement identification card issued pursuant to
1834 s. 322.051 the fee shall be $11 $10. Of this amount, $9 shall be
1835 deposited into the Highway Safety Operating Trust Fund and $2 $1
1836 shall be deposited into the General Revenue Fund.
1837 (g) Each endorsement required by s. 322.57 is $7.
1838 (h) A hazardous-materials endorsement, as required by s.
1839 322.57(1)(d), shall be set by the department by rule and shall
1840 reflect the cost of the required criminal history check,
1841 including the cost of the state and federal fingerprint check,
1842 and the cost to the department of providing and issuing the
1843 license. The fee shall not exceed $100. This fee shall be
1844 deposited in the Highway Safety Operating Trust Fund. The
1845 department may adopt rules to administer this section.
1846 (2) It is the duty of the Director of the Division of
1847 Driver Licenses to set up a division in the department with the
1848 necessary personnel to perform the necessary clerical and
1849 routine work for the department in issuing and recording
1850 applications, licenses, and certificates of eligibility,
1851 including the receiving and accounting of all license funds and
1852 their payment into the State Treasury, and other incidental
1853 clerical work connected with the administration of this chapter.
1854 The department is authorized to use such electronic, mechanical,
1855 or other devices as necessary to accomplish the purposes of this
1856 chapter.
1857 (3) The department shall prepare sufficient forms for
1858 certificates of eligibility, applications, notices, and license
1859 materials to supply all applicants for driver’s licenses and all
1860 renewal licenses.
1861 (4) If the department determines from its records or is
1862 otherwise satisfied that the holder of a license about to expire
1863 is entitled to have it renewed, the department shall mail a
1864 renewal notice to him or her at his or her last known address,
1865 not less than 30 days prior to the licensee’s birthday. The
1866 licensee shall be issued a renewal license, after reexamination,
1867 if required, during the 30 days immediately preceding his or her
1868 birthday upon presenting a renewal notice, his or her current
1869 license, and the fee for renewal to the department at any
1870 driver’s license examining office.
1871 (5) The department shall collect and transmit all fees
1872 received by it under this section to the Chief Financial Officer
1873 to be placed in the General Revenue Fund of the state, and
1874 sufficient funds for the necessary expenses of the department
1875 shall be included in the appropriations act. The fees shall be
1876 used for the maintenance and operation of the department.
1877 (6) Any member of the Armed Forces or his or her spouse,
1878 daughter, son, stepdaughter, or stepson, who holds a Florida
1879 driver’s license and who presents an affidavit showing that he
1880 or she was out of the state due to service in the Armed Forces
1881 of the United States at the time of license expiration is exempt
1882 from paying the delinquent fee, if the application for renewal
1883 is made within 15 months after the expiration of his or her
1884 license and within 90 days after the date of discharge or
1885 transfer to a military or naval establishment in this state as
1886 shown in the affidavit. However, such a person is not exempt
1887 from any reexamination requirement.
1888 (7) Any veteran honorably discharged from the Armed Forces
1889 who has been issued a valid identification card by the
1890 Department of Veterans’ Affairs in accordance with s. 295.17, or
1891 has been determined by the United States Department of Veterans
1892 Affairs or its predecessor to have a 100-percent total and
1893 permanent service-connected disability rating for compensation,
1894 or has been determined to have a service-connected total and
1895 permanent disability rating of 100 percent and is in receipt of
1896 disability retirement pay from any branch of the United States
1897 Armed Services, and who is qualified to obtain a driver’s
1898 license under this chapter is exempt from all fees required by
1899 this section.
1900 (8) Any person who applies for reinstatement following the
1901 suspension or revocation of the person’s driver’s license shall
1902 pay a service fee of $45 $35 following a suspension, and $75 $60
1903 following a revocation, which is in addition to the fee for a
1904 license. Any person who applies for reinstatement of a
1905 commercial driver’s license following the disqualification of
1906 the person’s privilege to operate a commercial motor vehicle
1907 shall pay a service fee of $75 $60, which is in addition to the
1908 fee for a license. The department shall collect all of these
1909 fees at the time of reinstatement. The department shall issue
1910 proper receipts for such fees and shall promptly transmit all
1911 funds received by it as follows:
1912 (a) Of the $45 $35 fee received from a licensee for
1913 reinstatement following a suspension, the department shall
1914 deposit $15 in the General Revenue Fund and $30 $20 in the
1915 Highway Safety Operating Trust Fund.
1916 (b) Of the $75 $60 fee received from a licensee for
1917 reinstatement following a revocation or disqualification, the
1918 department shall deposit $35 in the General Revenue Fund and $40
1919 $25 in the Highway Safety Operating Trust Fund.
1920 (9)(a) An applicant requesting a review authorized in s.
1921 322.222, s. 322.2615, s. 322.2616, s. 322.27, or s. 322.64 must
1922 pay a filing fee of $25.00 to be deposited into the Highway
1923 Safety Operating Trust Fund.
1924 (b) An applicant petitioning the department for a hearing
1925 authorized in s. 322.271, must pay a filing fee of $12.00 to be
1926 deposited into the Highway Safety Operating Trust Fund.
1927
1928 If the revocation or suspension of the driver’s license was for
1929 a violation of s. 316.193, or for refusal to submit to a lawful
1930 breath, blood, or urine test, an additional fee of $130 $115
1931 must be charged. However, only one $130 $115 fee may be
1932 collected from one person convicted of violations arising out of
1933 the same incident. The department shall collect the $130 $115
1934 fee and deposit the fee into the Highway Safety Operating Trust
1935 Fund at the time of reinstatement of the person’s driver’s
1936 license, but the fee may not be collected if the suspension or
1937 revocation is overturned. If the revocation or suspension of the
1938 driver’s license was for a conviction for a violation of s.
1939 817.234(8) or (9) or s. 817.505, an additional fee of $180 is
1940 imposed for each offense. The department shall collect and
1941 deposit the additional fee into the Highway Safety Operating
1942 Trust Fund at the time of reinstatement of the person’s driver’s
1943 license.
1944 Section 52. Subsection (5) is added to section 322.2715,
1945 Florida Statutes, to read:
1946 322.2715 Ignition interlock device.—
1947 (5) In addition to any fees authorized by rule for the
1948 installation and maintenance of the ignition interlock device,
1949 the authorized installer of the device shall collect and remit
1950 $12 for each installation to the department which shall be
1951 deposited into the Highway Safety Operating Trust Fund to be
1952 used for the operation of the Ignition Interlock Device Program.
1953 Section 53. Subsection (2) of section 322.29, Florida
1954 Statutes, is amended to read:
1955 322.29 Surrender and return of license.—
1956 (2) The provisions of subsection (1) to the contrary
1957 notwithstanding, no examination is required for the return of a
1958 license suspended under s. 318.15 or s. 322.245 unless an
1959 examination is otherwise required by this chapter. Every person
1960 applying for the return of a license suspended under s. 318.15
1961 or s. 322.245 shall present to the department certification from
1962 the court that he or she has complied with all obligations and
1963 penalties imposed on him or her pursuant to s. 318.15 or, in the
1964 case of a suspension pursuant to s. 322.245, that he or she has
1965 complied with all directives of the court and the requirements
1966 of s. 322.245 and shall pay to the department a nonrefundable
1967 service fee of $60 $47.50, of which $37.50 shall be deposited
1968 into the General Revenue Fund and $22.50 $10 shall be deposited
1969 into the Highway Safety Operating Trust Fund. If reinstated by
1970 the clerk of the court or tax collector, $37.50 shall be
1971 retained and $22.50 $10 shall be remitted to the Department of
1972 Revenue for deposit into the Highway Safety Operating Trust
1973 Fund. However, the service fee is not required if the person is
1974 required to pay a $45.00 $35 fee or $75 $60 fee under the
1975 provisions of s. 322.21.
1976 Section 54. Effective July 1, 2009, section 322.293,
1977 Florida Statutes, is amended to read:
1978 322.293 DUI programs Coordination Trust Fund; assessment;
1979 disposition.—
1980 (1) The DUI programs Coordination Trust Fund shall be
1981 administered by the department, and the costs of administration
1982 shall be borne by the collections of revenue provided in this
1983 section the fund. All funds received by the department DUI
1984 Programs Coordination Trust Fund shall be used solely for the
1985 purposes set forth in this chapter and for the general
1986 operations of the department section and s. 322.292. However, if
1987 the Legislature passes legislation consolidating existing trust
1988 funds assigned to the department, all funds remaining in and
1989 deposited to the DUI Programs Coordination Trust Fund shall be
1990 transferred to the consolidated trust funds, subject to their
1991 being earmarked for use solely for the purposes set forth in
1992 this section and s. 322.292.
1993 (2) Each DUI program shall assess $12 against each person
1994 enrolling in a DUI program at the time of enrollment, including
1995 persons who transfer to or from a program in another state. In
1996 addition, second and third offenders and those offenders under
1997 permanent driver’s-license revocation who are evaluated for
1998 eligibility for license restrictions under s. 322.271(2)(b) and
1999 (4) shall be assessed $12 upon enrollment in the program and
2000 upon each subsequent anniversary date while they are in the
2001 program, for the duration of the license period.
2002 (3) All assessments collected under this section shall be
2003 deposited in the Highway Safety Operating forwarded to the DUI
2004 Programs Coordination Trust Fund within 30 days after the last
2005 day of the month in which the assessment was received.
2006 Section 55. This act shall take effect September 1, 2009.
2007