Florida Senate - 2009 (PROPOSED COMMITTEE BILL) SPB 7012
FOR CONSIDERATION By the Committee on Transportation
596-00606B-09 20097012__
1 A bill to be entitled
2 An act relating to highway safety and motor vehicles;
3 amending s. 17.61, F.S.; requiring the Department of
4 Highway Safety and Motor Vehicles to retain trust fund
5 moneys in the DUI Programs Coordination Trust Fund for
6 investment; amending s. 215.20, F.S.; removing the DUI
7 Programs Coordination Trust Fund from the list of
8 trust funds subject to a statutory service charge;
9 amending s. 316.126, F.S.; requiring drivers of
10 vehicles to behave in a specified fashion when
11 approaching emergency vehicles or wreckers; amending
12 s. 316.2085, F.S.; prohibiting a person under 16 years
13 of age from operating a motorcycle or moped; amending
14 s. 318.18, F.S.; increasing certain civil penalties
15 for a person who fails to comply with the court's
16 requirements or who fails to pay the civil penalties
17 within the 30-day period; amending s. 319.14, F.S.;
18 prohibiting a person from knowingly offering for sale,
19 selling, or exchanging a vehicle until the Department
20 of Highway Safety and Motor Vehicles has stamped in a
21 conspicuous place on the certificate of title words
22 stating that the vehicle is a custom vehicle or street
23 rod vehicle; defining the terms “custom vehicle” and
24 “street rod vehicle”; providing that a person who does
25 not make the required disclosures commits a
26 misdemeanor of the second degree; amending s. 319.32,
27 F.S.; requiring that certain specified fees be charged
28 for vehicle inspections; amending s. 319.40, F.S.;
29 authorizing the Department of Highway Safety and Motor
30 Vehicles to issue an electronic certificate of title
31 in lieu of printing a paper title; authorizing the
32 department to collect and use e-mail addresses in lieu
33 of the United States Postal Service to notify motor
34 vehicle owners and registrants; amending s. 320.023,
35 F.S.; requiring that voluntary contributions collected
36 by the department be deposited into and distributed
37 from the Motor Vehicle License Clearing Trust Fund;
38 providing for the implementation of a certain
39 litigation settlement; providing eligibility and
40 procedures to collect the credit; providing for
41 expiration of the provision; amending s. 320.05, F.S.;
42 authorizing the Department of Highway Safety and Motor
43 Vehicles to provide public access to the National
44 Motor Vehicle Title Information System in a specified
45 manner; requiring the department to adopt a fee
46 schedule to provide for the public-access service;
47 amending s. 320.06, F.S.; requiring that fees
48 collected on each motor vehicle registration or motor
49 vehicle renewal registration issued in this state be
50 deposited into the Highway Safety Operating Trust
51 Fund; amending s. 320.0607, F.S.; increasing fees for
52 certain license plates; amending s. 320.08, F.S.;
53 providing for additional fees collected from
54 motorcycle registrations to be used to fund the
55 general operations of the department; amending s.
56 320.08048, F.S.; increasing fees for sample license
57 plates; amending s. 320.0805, F.S.; requiring that the
58 processing fee for personalized prestige license
59 plates be deposited into the Highway Safety Operating
60 Trust Fund; amending s. 320.08056, F.S.; requiring
61 that the processing fee for specialty license plates
62 be deposited into the Highway Safety Operating Trust
63 Fund; amending s. 320.0863, F.S.; deleting definitions
64 for “custom vehicle” and “street rod” to conform to
65 changes made by the act; amending s. 320.203, F.S.;
66 providing for the disposition of biennial license tax
67 moneys; amending s. 320.27, F.S.; removing certain
68 information from the application form for motor
69 vehicle dealers; providing additional grounds for the
70 Department of Highway Safety and Motor Vehicles to
71 deny, suspend, or revoke a license issued to a motor
72 vehicle dealer; providing that an insurer may cancel
73 the surety bond of a motor vehicle dealer by giving
74 written notice of the cancellation to the department;
75 providing an effective date of the cancellation;
76 requiring the Department of Highway Safety and Motor
77 Vehicles to revoke, suspend, or deny the license
78 issued to a motor vehicle dealer if the dealer
79 conducts business during the license period without
80 having in full force and effect a surety bond that
81 complies with the law; requiring each motor vehicle
82 dealer to deliver to the department evidence of a new
83 or continued garage liability insurance policy;
84 requiring certain policy limits; requiring the
85 Department of Highway Safety and Motor Vehicles to
86 notify the insurance company of the licensee in
87 writing if the license for the motor vehicle dealer
88 has been denied, suspended, or revoked; requiring the
89 department to revoke, suspend, or deny the license
90 issued to a motor vehicle dealer if a dealer conducts
91 business during the license period without having in
92 full force and effect a liability insurance policy;
93 amending s. 320.642, F.S.; requiring the department to
94 assess a licensee fee in connection with establishing
95 an additional motor vehicle dealership or relocating
96 an existing dealership within a community or territory
97 where the same line-make vehicle is presently
98 represented by a franchised motor vehicle dealer or
99 dealers; amending s. 320.77, F.S.; providing that an
100 insurer may cancel the surety bond of a mobile home
101 dealer by giving written notice of the cancellation to
102 the department; providing an effective date of the
103 cancellation; requiring the Department of Highway
104 Safety and Motor Vehicles to revoke, suspend, or deny
105 the license issued to a mobile home dealer if the
106 dealer conducts business during the license period
107 without having in full force and effect a surety bond
108 that complies with the law; requiring each mobile home
109 dealer to deliver to the department evidence of a new
110 or continued garage liability insurance policy;
111 requiring certain policy limits; requiring the
112 department to notify the insurance company of the
113 licensee in writing if the license for the mobile home
114 dealer has been denied, suspended, or revoked;
115 requiring the department to revoke, suspend, or deny
116 the license issued to a mobile home dealer if a dealer
117 conducts business during the license period without
118 having in full force and effect a liability insurance
119 policy; amending s. 320.95, F.S.; authorizing the
120 Department of Highway Safety and Motor Vehicles to
121 collect and use e-mail addresses in lieu of the United
122 States Postal Service to notify motor vehicle owners
123 and registrants; amending s. 322.025, F.S.; providing
124 that motorcycle driver improvement programs may be
125 funded by the motorcycle safety education fee;
126 amending s. 322.0255, F.S.; removing the requirement
127 that the Department of Highway Safety and Motor
128 Vehicles reimburse each organization that provides an
129 approved motorcycle safety education course for each
130 student who begins the on-cycle portion of the course;
131 amending s. 322.03, F.S.; providing for part-time
132 residents of the state to be issued a license that is
133 valid within this state only and continue to hold such
134 license until the next regularly scheduled renewal;
135 providing a termination date for “Florida only”
136 licenses; amending s. 322.051, F.S.; providing for the
137 issuance of a duplicate identification card; amending
138 s. 322.08, F.S.; prohibiting the department from
139 issuing a driver's license or identification card to
140 an applicant if the applicant holds a valid driver's
141 license or identification card issued by another
142 state; amending s. 322.095, F.S.; eliminating the
143 requirement that all instructors teaching in the
144 traffic law and substance abuse education program be
145 certified by the department; amending s. 322.201,
146 F.S.; providing that certain records of the department
147 or the clerk of the court are admissible in evidence
148 in all courts of the state; amending s. 322.22, F.S.;
149 authorizing the department to cancel identification
150 cards; amending s. 322.2615, F.S.; eliminating the
151 requirement that a copy of the crash report be
152 submitted to the department within 5 days after
153 issuing the notice of suspension; defining the term
154 “lawful breath, blood, or urine test”; amending s.
155 322.27, F.S.; authorizing the department to suspend
156 the license or identification card of any person;
157 providing the grounds to suspend an identification
158 card; amending s. 322.271, F.S.; authorizing the
159 Department of Highway Safety and Motor Vehicles to
160 modify a revocation, cancellation, or suspension
161 order; providing that the department may waive the
162 hearing process for suspensions and revocations upon
163 request by the driver under certain circumstances;
164 amending s. 322.28, F.S.; providing for the period of
165 suspension or revocation of a license; amending s.
166 322.293, F.S.; providing for the administration of the
167 DUI programs of the department; amending s. 322.64,
168 F.S.; providing for disqualification of a driver of a
169 commercial motor vehicle for certain violations;
170 amending s. 328.30. F.S.; providing that the
171 Department of Highway Safety and Motor Vehicles may
172 issue an electronic certificate of title in lieu of
173 printing a paper title; authorizing the department to
174 collect and use e-mail addresses in lieu of the United
175 States Postal Service to notify vessel owners and
176 registrants; amending s. 328.72, F.S.; defining the
177 term “extended registration period”; providing for
178 registration fees for vessels; amending s. 328.80.
179 F.S.; providing that the Department of Highway Safety
180 and Motor Vehicles may accept any vessel application
181 by electronic or telephonic means; authorizing the
182 department to collect and use e-mail addresses in lieu
183 of the United States Postal Service to notify vessel
184 owners and registrants; providing an effective date.
185
186 Be It Enacted by the Legislature of the State of Florida:
187
188 Section 1. Paragraph (c) of subsection (3) of section
189 17.61, Florida Statutes, is amended to read:
190 17.61 Chief Financial Officer; powers and duties in the
191 investment of certain funds.—
192 (3)
193 (c) Except as provided in this paragraph and except for
194 moneys described in paragraph (d), the following agencies shall
195 not invest trust fund moneys as provided in this section, but
196 shall retain such moneys in their respective trust funds for
197 investment, with interest appropriated to the General Revenue
198 Fund, pursuant to s. 17.57:
199 1. The Agency for Health Care Administration, except for
200 the Tobacco Settlement Trust Fund.
201 2. The Agency for Persons with Disabilities, except for:
202 a. The Federal Grants Trust Fund.
203 b. The Tobacco Settlement Trust Fund.
204 3. The Department of Children and Family Services, except
205 for:
206 a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
207 b. The Social Services Block Grant Trust Fund.
208 c. The Tobacco Settlement Trust Fund.
209 d. The Working Capital Trust Fund.
210 4. The Department of Community Affairs, only for the
211 Operating Trust Fund.
212 5. The Department of Corrections.
213 6. The Department of Elderly Affairs, except for:
214 a. The Federal Grants Trust Fund.
215 b. The Tobacco Settlement Trust Fund.
216 7. The Department of Health, except for:
217 a. The Federal Grants Trust Fund.
218 b. The Grants and Donations Trust Fund.
219 c. The Maternal and Child Health Block Grant Trust Fund.
220 d. The Tobacco Settlement Trust Fund.
221 8. The Department of Highway Safety and Motor Vehicles,
222 only for:
223 a. The DUI Programs Coordination Trust Fund.
224 b. the Security Deposits Trust Fund.
225 9. The Department of Juvenile Justice.
226 10. The Department of Law Enforcement.
227 11. The Department of Legal Affairs.
228 12. The Department of State, only for:
229 a. The Grants and Donations Trust Fund.
230 b. The Records Management Trust Fund.
231 13. The Executive Office of the Governor, only for:
232 a. The Economic Development Transportation Trust Fund.
233 b. The Economic Development Trust Fund.
234 14. The Florida Public Service Commission, only for the
235 Florida Public Service Regulatory Trust Fund.
236 15. The Justice Administrative Commission.
237 16. The state courts system.
238 Section 2. Subsection (4) of section 215.20, Florida
239 Statutes, is amended to read:
240 215.20 Certain income and certain trust funds to contribute
241 to the General Revenue Fund.—
242 (4) The income of a revenue nature deposited in the
243 following described trust funds, by whatever name designated, is
244 that from which the appropriations authorized by subsection (3)
245 shall be made:
246 (a) Within the Agency for Health Care Administration, the
247 Health Care Trust Fund.
248 (b) Within the Agency for Workforce Innovation:
249 1. The Employment Security Administration Trust Fund.
250 2. The Special Employment Security Administration Trust
251 Fund.
252 (c) Within the Department of Agriculture and Consumer
253 Services:
254 1. The Conservation and Recreation Lands Program Trust
255 Fund.
256 2. The General Inspection Trust Fund and subsidiary
257 accounts thereof, unless a different percentage is authorized by
258 s. 570.20.
259 3. The Division of Licensing Trust Fund.
260 (d) Within the Department of Business and Professional
261 Regulation:
262 1. The Administrative Trust Fund.
263 2. The Alcoholic Beverage and Tobacco Trust Fund.
264 3. The Cigarette Tax Collection Trust Fund.
265 4. The Division of Florida Condominiums, Timeshares, and
266 Mobile Homes Trust Fund.
267 5. The Hotel and Restaurant Trust Fund, with the exception
268 of those fees collected for the purpose of funding of the
269 hospitality education program as stated in s. 509.302.
270 6. The Professional Regulation Trust Fund.
271 7. The trust funds administered by the Division of Pari
272 mutuel Wagering.
273 (e) Within the Department of Children and Family Services:
274 1. The Administrative Trust Fund.
275 2. The Child Welfare Training Trust Fund.
276 3. The Domestic Violence Trust Fund.
277 4. The Grants and Donations Trust Fund.
278 5. The Operations and Maintenance Trust Fund.
279 (f) Within the Department of Citrus, the Florida Citrus
280 Advertising Trust Fund, including transfers from any subsidiary
281 accounts thereof, unless a different percentage is authorized in
282 s. 601.15(7).
283 (g) Within the Department of Community Affairs, the
284 Operating Trust Fund.
285 (h) Within the Department of Education:
286 1. The Educational Certification and Service Trust Fund.
287 2. The Phosphate Research Trust Fund.
288 (i) Within the Department of Elderly Affairs:
289 1. The Administrative Trust Fund.
290 2. The Federal Grants Trust Fund.
291 3. The Grants and Donations Trust Fund.
292 4. The Operations and Maintenance Trust Fund.
293 (j) Within the Department of Environmental Protection:
294 1. The Administrative Trust Fund.
295 2. The Air Pollution Control Trust Fund.
296 3. The Conservation and Recreation Lands Trust Fund.
297 4. The Ecosystem Management and Restoration Trust Fund.
298 5. The Environmental Laboratory Trust Fund.
299 6. The Florida Coastal Protection Trust Fund.
300 7. The Florida Permit Fee Trust Fund.
301 8. The Grants and Donations Trust Fund.
302 9. The Inland Protection Trust Fund.
303 10. The Internal Improvement Trust Fund.
304 11. The Land Acquisition Trust Fund.
305 12. The Minerals Trust Fund.
306 13. The Nonmandatory Land Reclamation Trust Fund.
307 14. The State Park Trust Fund.
308 15. The Water Quality Assurance Trust Fund.
309 16. The Working Capital Trust Fund.
310 (k) Within the Department of Financial Services:
311 1. The Agents County Tax Trust Fund.
312 2. The Insurance Regulatory Trust Fund.
313 3. The Special Disability Trust Fund.
314 4. The Workers' Compensation Administration Trust Fund.
315 (l) Within the Department of Health:
316 1. The Administrative Trust Fund.
317 2. The Brain and Spinal Cord Injury Program Trust Fund.
318 3. The Donations Trust Fund.
319 4. The Emergency Medical Services Trust Fund.
320 5. The Epilepsy Services Trust Fund.
321 6. The Florida Drug, Device, and Cosmetic Trust Fund.
322 7. The Grants and Donations Trust Fund.
323 8. The Medical Quality Assurance Trust Fund.
324 9. The Nursing Student Loan Forgiveness Trust Fund.
325 10. The Planning and Evaluation Trust Fund.
326 11. The Radiation Protection Trust Fund.
327 (m) Within the Department of Highway Safety and Motor
328 Vehicles, the DUI Programs Coordination Trust Fund.
329 (m)(n) Within the Department of Legal Affairs, the Crimes
330 Compensation Trust Fund.
331 (n)(o) Within the Department of Management Services:
332 1. The Administrative Trust Fund.
333 2. The Architects Incidental Trust Fund.
334 3. The Bureau of Aircraft Trust Fund.
335 4. The Florida Facilities Pool Working Capital Trust Fund.
336 5. The Grants and Donations Trust Fund.
337 6. The Police and Firefighters' Premium Tax Trust Fund.
338 7. The Public Employees Relations Commission Trust Fund.
339 8. The State Personnel System Trust Fund.
340 9. The Supervision Trust Fund.
341 10. The Working Capital Trust Fund.
342 (o)(p) Within the Department of Revenue:
343 1. The Additional Court Cost Clearing Trust Fund.
344 2. The Administrative Trust Fund.
345 3. The Certification Program Trust Fund.
346 4. The Fuel Tax Collection Trust Fund.
347 5. The Local Alternative Fuel User Fee Clearing Trust Fund.
348 6. The Local Option Fuel Tax Trust Fund.
349 7. The Motor Vehicle Rental Surcharge Clearing Trust Fund.
350 8. The Motor Vehicle Warranty Trust Fund.
351 9. The Oil and Gas Tax Trust Fund.
352 10. The Operations Trust Fund.
353 11. The Severance Tax Solid Mineral Trust Fund.
354 12. The State Alternative Fuel User Fee Clearing Trust
355 Fund.
356 13. All taxes levied on motor fuels other than gasoline
357 levied pursuant to the provisions of s. 206.87(1)(a).
358 (p)(q) Within the Department of State:
359 1. The Records Management Trust Fund.
360 2. The trust funds administered by the Division of
361 Historical Resources.
362 (q)(r) Within the Department of Transportation, all income
363 derived from outdoor advertising and overweight violations which
364 is deposited in the State Transportation Trust Fund.
365 (r)(s) Within the Department of Veterans' Affairs:
366 1. The Grants and Donations Trust Fund.
367 2. The Operations and Maintenance Trust Fund.
368 3. The State Homes for Veterans Trust Fund.
369 (s)(t) Within the Division of Administrative Hearings, the
370 Administrative Trust Fund.
371 (t)(u) Within the Fish and Wildlife Conservation
372 Commission:
373 1. The Conservation and Recreation Lands Program Trust
374 Fund.
375 2. The Florida Panther Research and Management Trust Fund.
376 3. The Land Acquisition Trust Fund.
377 4. The Marine Resources Conservation Trust Fund, with the
378 exception of those fees collected for recreational saltwater
379 fishing licenses as provided in s. 379.354.
380 (u)(v) Within the Florida Public Service Commission, the
381 Florida Public Service Regulatory Trust Fund.
382 (v)(w) Within the Justice Administrative Commission, the
383 Indigent Criminal Defense Trust Fund.
384 (w)(x) Within the Office of Financial Regulation of the
385 Financial Services Commission:
386 1. The Administrative Trust Fund.
387 2. The Anti-Fraud Trust Fund.
388 3. The Financial Institutions' Regulatory Trust Fund.
389 4. The Regulatory Trust Fund.
390 The enumeration of the foregoing moneys or trust funds do shall
391 not prohibit the applicability of s. 215.24 should the Governor
392 determine that for the reasons mentioned in s. 215.24 the money
393 or trust funds should be exempt herefrom, as it is the purpose
394 of this law to exempt income from its force and effect when, by
395 the operation of this law, federal matching funds or
396 contributions or private grants to any trust fund would be lost
397 to the state.
398 Section 3. Subsection (1) of section 316.126, Florida
399 Statutes, is amended to read:
400 316.126 Operation of vehicles and actions of pedestrians on
401 approach of authorized emergency vehicle.—
402 (1)(a) Upon the immediate approach of an authorized
403 emergency vehicle, while en route to meet an existing emergency,
404 the driver of every other vehicle shall, when such emergency
405 vehicle is giving audible signals by siren, exhaust whistle, or
406 other adequate device, or visible signals by the use of
407 displayed blue or red lights, yield the right-of-way to the
408 emergency vehicle and shall immediately proceed to a position
409 parallel to, and as close as reasonable to the closest edge of
410 the curb of the roadway, clear of any intersection and shall
411 stop and remain in position until the authorized emergency
412 vehicle has passed, unless otherwise directed by any law
413 enforcement officer.
414 (b) When an authorized emergency vehicle making use of any
415 visual signals is parked or a wrecker displaying amber rotating
416 or flashing lights is performing a recovery or loading on the
417 roadside, the driver of every other vehicle, as soon as it is
418 safe:
419 1. Shall vacate the lane closest to the emergency vehicle
420 or wrecker when driving on an interstate highway or other
421 highway with two or more lanes traveling in the direction of the
422 emergency vehicle or wrecker, except when otherwise directed by
423 a law enforcement officer. If such movement cannot be safely
424 accomplished, the driver shall reduce speed as provided in
425 subparagraph 2.
426 2. Shall slow to a speed that is 20 miles per hour less
427 than the posted speed limit when the posted speed limit is 25
428 miles per hour or greater; or travel at 5 miles per hour when
429 the posted speed limit is 20 miles per hour or less, when
430 driving on a two-lane road, except when otherwise directed by a
431 law enforcement officer.
432 (c) The Department of Highway Safety and Motor Vehicles
433 shall provide an educational awareness campaign informing the
434 motoring public about the Move Over Act. The department shall
435 provide information about the Move Over Act in all newly printed
436 driver's license educational materials after July 1, 2002.
437 This section does shall not relieve the driver of an authorized
438 emergency vehicle from the duty to drive with due regard for the
439 safety of all persons using the highway.
440 Section 4. Subsection (6) of section 316.2085, Florida
441 Statutes, is amended to read:
442 316.2085 Riding on motorcycles or mopeds.—
443 (6) A person under 16 years of age may not:
444 (a) Operate a motorcycle or moped that has a motor with
445 more than 150 cubic centimeters displacement.
446 (b) Rent a motorcycle or a moped.
447 Section 5. Paragraph (a) of subsection (8) of section
448 318.18, Florida Statutes, is amended to read:
449 318.18 Amount of penalties.—The penalties required for a
450 noncriminal disposition pursuant to s. 318.14 or a criminal
451 offense listed in s. 318.17 are as follows:
452 (8)(a) Any person who fails to comply with the court's
453 requirements or who fails to pay the civil penalties specified
454 in this section within the 30-day period provided for in s.
455 318.14 must pay an additional civil penalty of $16 $12, $2.50 of
456 which must be remitted to the Department of Revenue for deposit
457 in the General Revenue Fund, and $13.50 $9.50 of which must be
458 remitted to the Department of Revenue for deposit in the Highway
459 Safety Operating Trust Fund. The department shall contract with
460 the Florida Association of Court Clerks, Inc., to design,
461 establish, operate, upgrade, and maintain an automated statewide
462 Uniform Traffic Citation Accounting System to be operated by the
463 clerks of the court which shall include, but not be limited to,
464 the accounting for traffic infractions by type, a record of the
465 disposition of the citations, and an accounting system for the
466 fines assessed and the subsequent fine amounts paid to the
467 clerks of the court. On or before December 1, 2001, the clerks
468 of the court must provide the information required by this
469 chapter to be transmitted to the department by electronic
470 transmission pursuant to the contract.
471 Section 6. Section 319.14, Florida Statutes, is amended to
472 read:
473 319.14 Sale of motor vehicles registered or used as
474 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
475 and nonconforming vehicles, custom vehicles, or street rod
476 vehicles.—
477 (1)(a) A No person may not shall knowingly offer for sale,
478 sell, or exchange any vehicle that has been licensed,
479 registered, or used as a taxicab, police vehicle, or short-term
480 lease vehicle, or a vehicle that has been repurchased by a
481 manufacturer pursuant to a settlement, determination, or
482 decision under chapter 681, until the department has stamped in
483 a conspicuous place on the certificate of title of the vehicle,
484 or its duplicate, words stating the nature of the previous use
485 of the vehicle or the title has been stamped “Manufacturer's Buy
486 Back” to reflect that the vehicle is a nonconforming vehicle. If
487 the certificate of title or duplicate was not so stamped upon
488 initial issuance thereof or if, subsequent to initial issuance
489 of the title, the use of the vehicle is changed to a use
490 requiring the notation provided for in this section, the owner
491 or lienholder of the vehicle shall surrender the certificate of
492 title or duplicate to the department before prior to offering
493 the vehicle for sale, and the department shall stamp the
494 certificate or duplicate as required herein. If When a vehicle
495 has been repurchased by a manufacturer pursuant to a settlement,
496 determination, or decision under chapter 681, the title shall be
497 stamped “Manufacturer's Buy Back” to reflect that the vehicle is
498 a nonconforming vehicle.
499 (b) A No person may not shall knowingly offer for sale,
500 sell, or exchange a rebuilt vehicle until the department has
501 stamped in a conspicuous place on the certificate of title for
502 the vehicle words stating that the vehicle has been rebuilt or
503 assembled from parts, or is a kit car, glider kit, replica, or
504 flood vehicle, custom vehicle, or street rod vehicle unless
505 proper application for a certificate of title for a vehicle that
506 is rebuilt or assembled from parts, or is a kit car, glider kit,
507 replica, or flood vehicle, custom vehicle, or street rod vehicle
508 has been made to the department in accordance with this chapter
509 and the department has conducted the physical examination of the
510 vehicle to assure the identity of the vehicle and all major
511 component parts, as defined in s. 319.30(1), which have been
512 repaired or replaced. Thereafter, the department shall affix a
513 decal to the vehicle, in the manner prescribed by the
514 department, showing the vehicle to be rebuilt.
515 (c) As used in this section, the term:
516 1. “Police vehicle” means a motor vehicle owned or leased
517 by the state or a county or municipality and used in law
518 enforcement.
519 2.a. “Short-term-lease vehicle” means a motor vehicle
520 leased without a driver and under a written agreement to one or
521 more persons from time to time for a period of less than 12
522 months.
523 b. “Long-term-lease vehicle” means a motor vehicle leased
524 without a driver and under a written agreement to one person for
525 a period of 12 months or longer.
526 c. “Lease vehicle” includes both short-term-lease vehicles
527 and long-term-lease vehicles.
528 3. “Rebuilt vehicle” means a motor vehicle or mobile home
529 built from salvage or junk, as defined in s. 319.30(1).
530 4. “Assembled from parts” means a motor vehicle or mobile
531 home assembled from parts or combined from parts of motor
532 vehicles or mobile homes, new or used. “Assembled from parts”
533 does not mean a motor vehicle defined as a “rebuilt vehicle” in
534 subparagraph 3., which has been declared a total loss pursuant
535 to s. 319.30.
536 5. “Kit car” means a motor vehicle assembled with a kit
537 supplied by a manufacturer to rebuild a wrecked or outdated
538 motor vehicle with a new body kit.
539 6. “Glider kit” means a vehicle assembled with a kit
540 supplied by a manufacturer to rebuild a wrecked or outdated
541 truck or truck tractor.
542 7. “Replica” means a complete new motor vehicle
543 manufactured to look like an old vehicle.
544 8. “Flood vehicle” means a motor vehicle or mobile home
545 that has been declared to be a total loss pursuant to s.
546 319.30(3)(a) resulting from damage caused by water.
547 9. “Nonconforming vehicle” means a motor vehicle which has
548 been purchased by a manufacturer pursuant to a settlement,
549 determination, or decision under chapter 681.
550 10. “Settlement” means an agreement entered into between a
551 manufacturer and a consumer that occurs after a dispute is
552 submitted to a program, or an informal dispute settlement
553 procedure established by a manufacturer or is approved for
554 arbitration before the New Motor Vehicle Arbitration Board as
555 defined in s. 681.102.
556 11. “Custom vehicle” means a motor vehicle that:
557 a. Is 25 years of age or older and of a model year after
558 1948, or was manufactured to resemble a vehicle that is 25 years
559 of age or older and of a model year after 1948; and
560 b. Has been altered from the manufacturer's original design
561 or has a body constructed from nonoriginal materials.
562 The model year and year of manufacture which the body of a
563 custom vehicle resembles is the model year and year of
564 manufacture listed on the certificate of title, regardless of
565 when the vehicle was actually manufactured.
566 12. “Street rod” means a motor vehicle that:
567 a. Is a model year of 1948 or older or was manufactured
568 after 1948 to resemble a vehicle of a model year of 1948 or
569 older; and
570 b. Has been altered from the manufacturer's original design
571 or has a body constructed from nonoriginal materials.
572 The model year and year of manufacture which the body of a
573 street rod resembles is the model year and year of manufacture
574 listed on the certificate of title, regardless of when the
575 vehicle was actually manufactured.
576 (2) A No person may not shall knowingly sell, exchange, or
577 transfer a vehicle referred to in subsection (1) without, before
578 prior to consummating the sale, exchange, or transfer,
579 disclosing in writing to the purchaser, customer, or transferee
580 the fact that the vehicle has previously been titled,
581 registered, or used as a taxicab, police vehicle, or short-term
582 lease vehicle, or is a vehicle that is rebuilt or assembled from
583 parts, or is a kit car, glider kit, replica, or flood vehicle,
584 or is a nonconforming vehicle, custom vehicle, or street rod
585 vehicle, as the case may be.
586 (3) Any person who, with intent to offer for sale or
587 exchange any vehicle referred to in subsection (1), knowingly or
588 intentionally advertises, publishes, disseminates, circulates,
589 or places before the public in any communications medium,
590 whether directly or indirectly, any offer to sell or exchange
591 the vehicle shall clearly and precisely state in each such offer
592 that the vehicle has previously been titled, registered, or used
593 as a taxicab, police vehicle, or short-term-lease vehicle or
594 that the vehicle or mobile home is a vehicle that is rebuilt or
595 assembled from parts, or is a kit car, glider kit, replica, or
596 flood vehicle, or is a nonconforming vehicle, custom vehicle, or
597 street rod vehicle, as the case may be. Any person who violates
598 this subsection commits a misdemeanor of the second degree,
599 punishable as provided in s. 775.082 or s. 775.083.
600 (4) If When a certificate of title, including a foreign
601 certificate, is branded to reflect a condition or prior use of
602 the titled vehicle, the brand must be noted on the registration
603 certificate of the vehicle and such brand shall be carried
604 forward on all subsequent certificates of title and registration
605 certificates issued for the life of the vehicle.
606 (5) Any person who knowingly sells, exchanges, or offers to
607 sell or exchange a motor vehicle or mobile home contrary to the
608 provisions of this section or any officer, agent, or employee of
609 a person who knowingly authorizes, directs, aids in, or consents
610 to the sale, exchange, or offer to sell or exchange a motor
611 vehicle or mobile home contrary to the provisions of this
612 section commits a misdemeanor of the second degree, punishable
613 as provided in s. 775.082 or s. 775.083.
614 (6) Any person who removes a rebuilt decal from a rebuilt
615 vehicle with the intent to conceal the rebuilt status of the
616 vehicle commits a felony of the third degree, punishable as
617 provided in s. 775.082, s. 775.083, or s. 775.084.
618 (7) This section applies to a mobile home, travel trailer,
619 camping trailer, truck camper, or fifth-wheel recreation trailer
620 only when the such mobile home or vehicle is a rebuilt vehicle
621 or is assembled from parts.
622 (8) A No person is not shall be liable or accountable in
623 any civil action arising out of a violation of this section if
624 the designation of the previous use or condition of the motor
625 vehicle is not noted on the certificate of title and
626 registration certificate of the vehicle which was received by,
627 or delivered to, such person, unless the such person has
628 actively concealed the prior use or condition of the vehicle
629 from the purchaser.
630 (9) Subsections (1), (2), and (3) do not apply to the
631 transfer of ownership of a motor vehicle after the motor vehicle
632 has ceased to be used as a lease vehicle and the ownership has
633 been transferred to an owner for private use or to the transfer
634 of ownership of a nonconforming vehicle with 36,000 or more
635 miles on its odometer, or 34 months whichever is later and the
636 ownership has been transferred to an owner for private use. Such
637 owner, as shown on the title certificate, may request the
638 department to issue a corrected certificate of title that does
639 not contain the statement of the previous use of the vehicle as
640 a lease vehicle or condition as a nonconforming vehicle.
641 Section 7. Subsection (1) of section 319.32, Florida
642 Statutes, is amended to read:
643 319.32 Fees; service charges; disposition.—
644 (1) The department shall charge a fee of $24 for each
645 original certificate of title except for a certificate of title
646 for a motor vehicle for hire registered under s. 320.08(6), for
647 which the title fee shall be $3, $24 for each duplicate copy of
648 a certificate of title except for a certificate of title for a
649 motor vehicle for hire registered under s. 320.08(6), for which
650 the title fee shall be $3, $2 for each salvage certificate of
651 title, and $3 for each assignment by a lienholder. The
652 department It shall also charge a fee of $2 for noting a lien on
653 a title certificate, which fee shall include the services for
654 the subsequent issuance of a corrected certificate or
655 cancellation of lien when that lien is satisfied. If an
656 application for a certificate of title is for a vehicle that is
657 required to have a physical examination as defined in s.
658 319.14(1) rebuilt vehicle, the department shall charge an
659 additional fee of $40 for each initial inspection and $20 for
660 each subsequent inspection. The physical examination of the
661 vehicle must include, but need not be limited to, verification
662 of the vehicle identification number and verification of the
663 bill of sale or title for major components conducting a physical
664 examination of the vehicle to assure its identity. In addition
665 to all other fees charged, a sum of $1 shall be paid for the
666 issuance of an original or duplicate certificate of title to
667 cover the cost of materials used for security purposes.
668 Section 8. Section 319.40, Florida Statutes, is amended to
669 read:
670 319.40 Transactions by electronic or telephonic means.—
671 (1) The department is authorized to accept any application
672 provided for under this chapter by electronic or telephonic
673 means.
674 (2) The department may issue an electronic certificate of
675 title in lieu of printing a paper title.
676 (3) The department may collect and use e-mail addresses of
677 motor vehicle owners and registrants as a notification method in
678 lieu of the United States Postal Service.
679 Section 9. Paragraph (c) of subsection (5) of section
680 320.023, Florida Statutes, is amended to read:
681 320.023 Requests to establish voluntary checkoff on motor
682 vehicle registration application.—
683 (5) A voluntary contribution collected and distributed
684 under this chapter, or any interest earned from those
685 contributions, may not be used for commercial or for-profit
686 activities nor for general or administrative expenses, except as
687 authorized by law.
688 (c) Any voluntary contributions authorized by law must be
689 deposited into and distributed from the Motor Vehicle License
690 Clearing Trust Fund shall only be distributed to an organization
691 under an appropriation by the Legislature.
692 Section 10. Implementation of litigation settlement
693 provisions of Collier v. Dickinson.—
694 (1) Any person who held a driver's license, identification
695 card, or motor vehicle registration that was valid between June
696 1, 2000, and September 30, 2004, is eligible to receive a single
697 $1 credit on a new or renewed motor vehicle registration between
698 July 1, 2009, and June 30, 2010.
699 (2) The revenue generated by s. 320.08046, Florida
700 Statutes, and deposited into the General Revenue Fund shall fund
701 the $1 credit.
702 (3) This section expires July 1, 2011.
703 Section 11. Present subsection (5) of section 320.05,
704 Florida Statutes, is redesignated as subsection (6), and a new
705 subsection (5) is added to that section, to read:
706 320.05 Records of the department; inspection procedure;
707 lists and searches; fees.—
708 (5) The department may provide public access to the
709 National Motor Vehicle Title Information System via an
710 authorized connection with the American Association of Motor
711 Vehicle Administrators in order to access out-of-state motor
712 vehicle records. The department shall adopt a fee schedule to
713 provide for the public-access service, which may not exceed the
714 actual cost of providing the service.
715 Section 12. Paragraph (b) of subsection (3) of section
716 320.06, Florida Statutes, is amended to read:
717 320.06 Registration certificates, license plates, and
718 validation stickers generally.—
719 (3)
720 (b) An additional fee of 50 cents shall be collected and
721 deposited into the Highway Safety Operating Trust Fund on each
722 motor vehicle registration or motor vehicle renewal registration
723 issued in this state in order that all license plates and
724 validation stickers be fully treated with retroreflective
725 material.
726 Section 13. Subsections (3) and (5) of section 320.0607,
727 Florida Statutes, are amended to read:
728 320.0607 Replacement license plates, validation decal, or
729 mobile home sticker.—
730 (3) Except as provided in subsection (2), in all such
731 cases, upon filing of an application accompanied by a fee of $12
732 $10 plus applicable service charges, the department shall issue
733 a replacement plate, sticker, or decal as the case may be if it
734 is satisfied that the information reported in the application is
735 true. The replacement fee shall be deposited into the Highway
736 Safety Operating Trust Fund.
737 (5) Upon the issuance of an original license plate, the
738 applicant shall pay a fee of $12 $10 to be deposited in the
739 Highway Safety Operating Trust Fund.
740 Section 14. Paragraph (c) of subsection (1) of section
741 320.08, Florida Statutes, is amended to read:
742 320.08 License taxes.—Except as otherwise provided herein,
743 there are hereby levied and imposed annual license taxes for the
744 operation of motor vehicles, mopeds, motorized bicycles as
745 defined in s. 316.003(2), and mobile homes, as defined in s.
746 320.01, which shall be paid to and collected by the department
747 or its agent upon the registration or renewal of registration of
748 the following:
749 (1) MOTORCYCLES AND MOPEDS.—
750 (c) Upon registration of any motorcycle, motor-driven
751 cycle, or moped there shall be paid in addition to the license
752 taxes specified in this subsection a nonrefundable motorcycle
753 safety education fee in the amount of $2.50. The proceeds of
754 such additional fee shall be deposited in the Highway Safety
755 Operating Trust Fund and be used exclusively to fund a
756 motorcycle driver improvement program implemented pursuant to s.
757 322.025, or the Florida Motorcycle Safety Education Program
758 established in s. 322.0255, or the general operations of the
759 department.
760 Section 15. Subsection (1) of section 320.08048, Florida
761 Statutes, is amended to read:
762 320.08048 Sample license plates.—
763 (1) The department is authorized, upon application and
764 payment of a $12 $10 fee per plate, to provide one or more
765 sample regular issuance license plates or specialty license
766 plates based upon availability.
767 Section 16. Subsection (2) of section 320.0805, Florida
768 Statutes, is amended to read:
769 320.0805 Personalized prestige license plates.—
770 (2) Each request for specific numbers or letters or
771 combinations thereof must shall be submitted annually to the
772 department on an application form supplied by the department,
773 accompanied by the following tax and fees:
774 (a) The license tax required for the vehicle, as set forth
775 in s. 320.08.;
776 (b) A prestige plate annual use fee of $10.; and
777 (c) A processing fee of $2, to be deposited into the
778 Highway Safety Operating Trust Fund.
779 Section 17. Subsection (3) of section 320.08056, Florida
780 Statutes, is amended to read:
781 320.08056 Specialty license plates.—
782 (3) Each request must be made annually to the department,
783 accompanied by the following tax and fees:
784 (a) The license tax required for the vehicle as set forth
785 in s. 320.08.
786 (b) A processing fee of $2, to be deposited into the
787 Highway Safety Operating Trust Fund.
788 (c) A license plate fee as required by s. 320.06(1)(b).
789 (d) A license plate annual use fee as required in
790 subsection (4).
791 A request may be made any time during a registration period. If
792 a request is made for a specialty license plate to replace a
793 current valid license plate, the specialty license plate must be
794 issued with appropriate decals attached at no tax for the plate,
795 but all fees and service charges must be paid. When a request is
796 made for a specialty license plate at the beginning of the
797 registration period, the tax, together with all applicable fees
798 and service charges, must be paid.
799 Section 18. Section 320.0863, Florida Statutes, is amended
800 to read:
801 320.0863 Custom vehicles and street rods; registration and
802 license plates.—
803 (1) As used in this section, the term:
804 (a) “blue dot tail light” means a red lamp that contains a
805 blue or purple insert that is not more than one inch in diameter
806 and is installed in the rear of a motor vehicle.
807 (b) “Custom vehicle” means a motor vehicle that:
808 1. Is 25 years old or older and of a model year after 1948
809 or was manufactured to resemble a vehicle that is 25 years old
810 or older and of a model year after 1948; and
811 2. Has been altered from the manufacturer's original design
812 or has a body constructed from nonoriginal materials.
813 (c) “Street rod” means a motor vehicle that:
814 1. Is of a model year of 1948 or older or was manufactured
815 after 1948 to resemble a vehicle of a model year of 1948 or
816 older; and
817 2. Has been altered from the manufacturer's original design
818 or has a body constructed from nonoriginal materials.
819 (2) The model year and year of manufacture which the body
820 of a custom vehicle or street rod resembles is the model year
821 and year of manufacture listed on the certificate of title,
822 regardless of when the vehicle was actually manufactured.
823 (2)(3) To register a street rod or custom vehicle as
824 defined in s. 319.14(1)(c), the owner shall apply to the
825 department by submitting a completed application form and
826 providing:
827 (a) The license tax prescribed by s. 320.08(2)(a) and a
828 processing fee of $3;
829 (b) A written statement that the vehicle will not be used
830 for general daily transportation but will be maintained for
831 occasional transportation, exhibitions, club activities,
832 parades, tours, or other functions of public interest and
833 similar uses; and
834 (c) A written statement that the vehicle meets state
835 equipment and safety requirements for motor vehicles. However,
836 the vehicle must meet only the requirements that were in effect
837 in this state as a condition of sale in the year listed as the
838 model year on the certificate of title.
839 (3)(4) The registration numbers and special license plates
840 assigned to such vehicles shall run in a separate series,
841 commencing with “Custom Vehicle 1” or “Street Rod 1,”
842 respectively, and the plates shall be of a distinguishing color
843 and design.
844 (4)(5)(a) A vehicle registered under this section is exempt
845 from any law or local ordinance that requires periodic vehicle
846 inspections or the use and inspection of emission controls.
847 (b) Such vehicle may also be equipped with blue dot tail
848 lights for stop lamps, rear turning indicator lamps, rear hazard
849 lamps, and rear reflectors.
850 Section 19. Subsection (1) of section 320.203, Florida
851 Statutes, is amended to read:
852 320.203 Disposition of biennial license tax moneys.—
853 (1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or (b),
854 (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76 and
855 pursuant to s. 216.351, after the provisions of s. 320.20(1),
856 (2), (3), and (4), and (5) are fulfilled, an amount equal to 50
857 percent of revenues collected from the biennial registrations
858 created in s. 320.07 shall be retained in the Motor Vehicle
859 License Clearing Trust Fund, authorized in s. 215.32(2)(b)2.f.,
860 until July 1. After July 1 of the subsequent fiscal year, an
861 amount equal to 50 percent of revenues collected from the
862 biennial registrations created in s. 320.07 shall be distributed
863 according to ss. 320.08(1), (2), (3), (4)(a) or (b), (6), (7),
864 (8), (9), (10), or (11), 320.08058, 328.76, and 320.20(1), (2),
865 (3), and (4), and (5).
866 Section 20. Subsections (3), (9), (10), (11), (12), (13),
867 and (14) of section 320.27, Florida Statutes, are amended to
868 read:
869 320.27 Motor vehicle dealers.—
870 (3) APPLICATION AND FEE.—The application for the license
871 shall be in such form as may be prescribed by the department and
872 shall be subject to such rules with respect thereto as may be so
873 prescribed by it. Such application shall be verified by oath or
874 affirmation and shall contain a full statement of the name and
875 birth date of the person or persons applying therefor; the name
876 of the firm or copartnership, with the names and places of
877 residence of all members thereof, if such applicant is a firm or
878 copartnership; the names and places of residence of the
879 principal officers, if the applicant is a body corporate or
880 other artificial body; the name of the state under whose laws
881 the corporation is organized; the present and former place or
882 places of residence of the applicant; and prior business in
883 which the applicant has been engaged and the location thereof.
884 Such application shall describe the exact location of the place
885 of business and shall state whether the place of business is
886 owned by the applicant and when acquired, or, if leased, a true
887 copy of the lease shall be attached to the application. The
888 applicant shall certify that the location provides an adequately
889 equipped office and is not a residence; that the location
890 affords sufficient unoccupied space upon and within which
891 adequately to store all motor vehicles offered and displayed for
892 sale; and that the location is a suitable place where the
893 applicant can in good faith carry on such business and keep and
894 maintain books, records, and files necessary to conduct such
895 business, which will be available at all reasonable hours to
896 inspection by the department or any of its inspectors or other
897 employees. The applicant shall certify that the business of a
898 motor vehicle dealer is the principal business which shall be
899 conducted at that location. Such application shall contain a
900 statement that the applicant is either franchised by a
901 manufacturer of motor vehicles, in which case the name of each
902 motor vehicle that the applicant is franchised to sell shall be
903 included, or an independent (nonfranchised) motor vehicle
904 dealer. Such application shall contain such other relevant
905 information as may be required by the department, including
906 evidence that the applicant is insured under a garage liability
907 insurance policy or a general liability insurance policy coupled
908 with a business automobile policy, which shall include, at a
909 minimum, $25,000 combined single-limit liability coverage
910 including bodily injury and property damage protection and
911 $10,000 personal injury protection. Franchise dealers must
912 submit a garage liability insurance policy, and all other
913 dealers must submit a garage liability insurance policy or a
914 general liability insurance policy coupled with a business
915 automobile policy. Such policy shall be for the license period,
916 and evidence of a new or continued policy shall be delivered to
917 the department at the beginning of each license period. Upon
918 making initial application, the applicant shall pay to the
919 department a fee of $300 in addition to any other fees now
920 required by law; upon making a subsequent renewal application,
921 the applicant shall pay to the department a fee of $75 in
922 addition to any other fees now required by law. Upon making an
923 application for a change of location, the person shall pay a fee
924 of $50 in addition to any other fees now required by law. The
925 department shall, in the case of every application for initial
926 licensure, verify whether certain facts set forth in the
927 application are true. Each applicant, general partner in the
928 case of a partnership, or corporate officer and director in the
929 case of a corporate applicant, must file a set of fingerprints
930 with the department for the purpose of determining any prior
931 criminal record or any outstanding warrants. The department
932 shall submit the fingerprints to the Department of Law
933 Enforcement for state processing and forwarding to the Federal
934 Bureau of Investigation for federal processing. The actual cost
935 of state and federal processing shall be borne by the applicant
936 and is in addition to the fee for licensure. The department may
937 issue a license to an applicant pending the results of the
938 fingerprint investigation, which license is fully revocable if
939 the department subsequently determines that any facts set forth
940 in the application are not true or correctly represented.
941 (9) DENIAL, SUSPENSION, OR REVOCATION.—
942 (a) The department may deny, suspend, or revoke any license
943 issued under this section, hereunder or under the provisions of
944 s. 320.77 or s. 320.771, upon proof that a licensee has
945 committed any of the following activities:
946 1. Commission of fraud or willful misrepresentation in
947 application for or in obtaining a license.
948 2. Conviction of a felony.
949 3. Failure to honor a bank draft or check given to a motor
950 vehicle dealer for the purchase of a motor vehicle by another
951 motor vehicle dealer within 10 days after notification that the
952 bank draft or check has been dishonored. If the transaction is
953 disputed, the maker of the bank draft or check shall post a bond
954 in accordance with the provisions of s. 559.917, and a no
955 proceeding for revocation or suspension may not shall be
956 commenced until the dispute is resolved.
957 4. Failure to honor a bank draft or check given to the
958 department for payment of any fees within 10 days after
959 notification that the bank draft or check has been dishonored.
960 If the transaction is disputed, the maker of the bank draft or
961 check shall post a bond in accordance with s. 559.917, and a
962 proceeding for revocation or suspension may not be commenced
963 until the dispute is resolved.
964 (b) The department may deny, suspend, or revoke any license
965 issued hereunder or under the provisions of s. 320.77 or s.
966 320.771 upon proof that a licensee has committed, with
967 sufficient frequency so as to establish a pattern of wrongdoing
968 on the part of a licensee, violations of one or more of the
969 following activities:
970 1. Representation that a demonstrator is a new motor
971 vehicle, or the attempt to sell or the sale of a demonstrator as
972 a new motor vehicle without written notice to the purchaser that
973 the vehicle is a demonstrator. For the purposes of this section,
974 the terms a “demonstrator,” a “new motor vehicle,” and a “used
975 motor vehicle” have the same meaning shall be defined as in
976 under s. 320.60.
977 2. Unjustifiable refusal to comply with a licensee's
978 responsibility under the terms of the new motor vehicle warranty
979 issued by its respective manufacturer, distributor, or importer.
980 However, if such refusal is at the direction of the
981 manufacturer, distributor, or importer, such refusal may shall
982 not be a ground under this section.
983 3. Misrepresentation or false, deceptive, or misleading
984 statements with regard to the sale or financing of motor
985 vehicles which any motor vehicle dealer has, or causes to have,
986 advertised, printed, displayed, published, distributed,
987 broadcast, televised, or made in any manner with regard to the
988 sale or financing of motor vehicles.
989 4. Failure by any motor vehicle dealer to provide a
990 customer or purchaser with an odometer disclosure statement and
991 a copy of any bona fide written, executed sales contract or
992 agreement of purchase connected with the purchase of the motor
993 vehicle purchased by the customer or purchaser.
994 5. Failure of any motor vehicle dealer to comply with the
995 terms of any bona fide written, executed agreement, pursuant to
996 the sale of a motor vehicle.
997 6. Failure to apply for transfer of a title as prescribed
998 in s. 319.23(6).
999 7. Use of the dealer license identification number by any
1000 person other than the licensed dealer or his or her designee.
1001 8. Failure to continually meet the requirements of the
1002 licensure law.
1003 9. Representation to a customer or any advertisement to the
1004 public representing or suggesting that a motor vehicle is a new
1005 motor vehicle if the such vehicle lawfully cannot be titled in
1006 the name of the customer or other member of the public by the
1007 seller using a manufacturer's statement of origin as permitted
1008 in s. 319.23(1).
1009 10. Requirement by any motor vehicle dealer that a customer
1010 or purchaser accept equipment on his or her motor vehicle which
1011 was not ordered by the customer or purchaser.
1012 11. Requirement by any motor vehicle dealer that any
1013 customer or purchaser finance a motor vehicle with a specific
1014 financial institution or company.
1015 12. Requirement by any motor vehicle dealer that the
1016 purchaser of a motor vehicle contract with the dealer for
1017 physical damage insurance.
1018 13. Perpetration of a fraud upon any person as a result of
1019 dealing in motor vehicles, including, without limitation, the
1020 misrepresentation to any person by the licensee of the
1021 licensee's relationship to any manufacturer, importer, or
1022 distributor.
1023 14. Violation of any of the provisions of s. 319.35 by any
1024 motor vehicle dealer.
1025 15. Sale by a motor vehicle dealer of a vehicle offered in
1026 trade by a customer before prior to consummation of the sale,
1027 exchange, or transfer of a newly acquired vehicle to the
1028 customer, unless the customer provides written authorization for
1029 the sale of the trade-in vehicle before prior to delivery of the
1030 newly acquired vehicle.
1031 16. Willful failure to comply with any administrative rule
1032 adopted by the department or the provisions of s. 320.131(8).
1033 17. Violation of chapter 319, this chapter, or ss. 559.901
1034 559.9221, which has to do with dealing in or repairing motor
1035 vehicles or mobile homes. Additionally, in the case of used
1036 motor vehicles, the willful violation of the federal law and
1037 rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the
1038 consumer sales window form.
1039 18. Failure to maintain evidence of notification to the
1040 owner or coowner of a vehicle regarding registration or titling
1041 fees owed as required in s. 320.02(16).
1042 19. Failure to register a mobile home salesperson with the
1043 department as required by this section.
1044 20. Failure to obtain an off-premises permit as required in
1045 subsection (5).
1046 (c) If When a motor vehicle dealer is convicted of a crime
1047 which results in his or her being prohibited from continuing in
1048 that capacity, the dealer may not continue in any capacity
1049 within the industry. The offender shall have no financial
1050 interest, management, sales, or other role in the operation of a
1051 dealership. Further, the offender may not derive income from the
1052 dealership beyond reasonable compensation for the sale of his or
1053 her ownership interest in the business.
1054 (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.—
1055 (a) Annually, before any license is shall be issued to a
1056 motor vehicle dealer, the applicant-dealer of new or used motor
1057 vehicles shall deliver to the department a good and sufficient
1058 surety bond or irrevocable letter of credit, executed by the
1059 applicant-dealer as principal, in the sum of $25,000.
1060 (b) Surety bonds and irrevocable letters of credit must
1061 shall be in a form to be approved by the department and shall be
1062 conditioned that the motor vehicle dealer shall comply with the
1063 conditions of any written contract made by the such dealer in
1064 connection with the sale or exchange of any motor vehicle and
1065 shall not violate any of the provisions of chapter 319 and this
1066 chapter in the conduct of the business for which the dealer is
1067 licensed. Such bonds and letters of credit shall be to the
1068 department and in favor of any person in a retail or wholesale
1069 transaction who shall suffer any loss as a result of any
1070 violation of the conditions hereinabove contained. If When the
1071 department determines that a person has incurred a loss as a
1072 result of a violation of chapter 319 or this chapter, it shall
1073 notify the person in writing of the existence of the bond or
1074 letter of credit. Such bonds and letters of credit shall be for
1075 the license period, and a new bond or letter of credit or a
1076 proper continuation certificate shall be delivered to the
1077 department at the beginning of each license period. However, the
1078 aggregate liability of the surety in any one year shall in no
1079 event exceed the sum of the bond or, in the case of a letter of
1080 credit, the aggregate liability of the issuing bank may shall
1081 not exceed the sum of the credit.
1082 (c) Surety bonds must shall be executed by a surety company
1083 authorized to do business in the state as surety, and
1084 irrevocable letters of credit shall be issued by a bank
1085 authorized to do business in the state as a bank.
1086 (d) Irrevocable letters of credit shall be engaged by a
1087 bank as an agreement to honor demands for payment as specified
1088 in this section.
1089 (e) The department shall, upon denial, suspension, or
1090 revocation of any license, notify the surety company of the
1091 licensee, or bank issuing an irrevocable letter of credit for
1092 the licensee, in writing, that the license has been denied,
1093 suspended, or revoked and shall state the reason for such
1094 denial, suspension, or revocation.
1095 (f) Any surety company which pays any claim against the
1096 bond of any licensee or any bank which honors a demand for
1097 payment as a condition specified in a letter of credit of a
1098 licensee shall notify the department in writing that such action
1099 has been taken and shall state the amount of the claim or
1100 payment.
1101 (g) Any surety company which cancels the bond of any
1102 licensee or any bank which cancels an irrevocable letter of
1103 credit shall notify the department in writing of such
1104 cancellation, giving reason for the cancellation. The insurer
1105 may cancel the surety bond by giving written notice of the
1106 cancellation to the department. The cancellation of the surety
1107 bond is effective no earlier than 30 days after the notice is
1108 received by the department.
1109 (h) The department shall revoke, suspend, or deny a
1110 dealer's license issued under this chapter if the dealer
1111 conducts business during the license period without having in
1112 full force and effect a surety bond that complies with this
1113 subsection.
1114 (11) LIABILITY INSURANCE REQUIRED.-
1115 (a) Annually, before any license is issued to a franchised
1116 motor vehicle dealer, the applicant for the dealer's license
1117 shall deliver to the department evidence of a new or continued
1118 garage liability insurance policy, executed by the applicant as
1119 principal, which includes, at a minimum, $25,000 combined
1120 single-limit liability coverage, including bodily injury and
1121 property damage protection, and $10,000 personal injury
1122 protection. The policy must cover the period of the issued
1123 license.
1124 (b) Annually, before any license is issued to any other
1125 motor vehicle dealer not included in paragraph (a), the
1126 applicant shall deliver to the department evidence of a new or
1127 continued garage liability insurance policy, or general
1128 liability insurance policy, coupled with a business automobile
1129 policy executed by the applicant as principal, which includes,
1130 at a minimum, $25,000 combined single-limit liability coverage,
1131 including bodily injury and property damage protection, and
1132 $10,000 personal injury protection. The policy must cover the
1133 period of the issued license.
1134 (c) The insurance requirement set forth in paragraphs (a)
1135 and (b) must be in a form approved by the department and must be
1136 conditioned on the motor vehicle dealer complying with the
1137 conditions of any written contract made by the dealer in
1138 connection with the sale or exchange of any recreational vehicle
1139 and not violating any provision of chapter 319 or this chapter
1140 in the conduct of the business for which the dealer is licensed.
1141 Such evidence of liability insurance shall be to the department
1142 and in favor of any person in a retail or wholesale transaction
1143 who suffers any loss as a result of a violation of this section.
1144 If the department determines that a person has incurred a loss
1145 as a result of a violation of chapter 319 or this chapter, the
1146 department shall notify the person in writing of the existence
1147 of the garage liability insurance.
1148 (d) The liability insurance shall be executed by an
1149 insurance company authorized to do business in the state.
1150 (e) The department shall, upon denial, suspension, or
1151 revocation of any license, notify the insurance company of the
1152 licensee in writing that the license has been denied, suspended,
1153 or revoked and state the reason for the denial, suspension, or
1154 revocation.
1155 (f) An insurance company that pays any claim against the
1156 bond of any licensee shall notify the department in writing that
1157 such action has been taken and state the amount of the claim or
1158 payment.
1159 (g) An insurance company that cancels the insurance of any
1160 licensee shall notify the department in writing of such
1161 cancellation, giving reason for the cancellation. The insurance
1162 company may cancel the liability insurance by giving written
1163 notice of the cancellation to the department. The cancellation
1164 of the liability insurance is effective no earlier than 30 days
1165 after the notice is received by the department.
1166 (h) The department shall revoke, suspend, or deny a
1167 dealer's license issued under this chapter if the dealer
1168 conducts business during the license period without having in
1169 full force and effect liability insurance that complies with
1170 this subsection.
1171 (12)(11) INJUNCTION.—In addition to the remedies provided
1172 in this chapter and notwithstanding the existence of any
1173 adequate remedy at law, the department may apply is authorized
1174 to make application to any circuit court of the state, and such
1175 circuit court shall have jurisdiction, upon a hearing and for
1176 cause shown, to grant a temporary or permanent injunction, or
1177 both, restraining any person from acting as a motor vehicle
1178 dealer under the terms of this section without being properly
1179 licensed hereunder, from violating or continuing to violate any
1180 of the provisions of chapter 319, this chapter, or ss. 559.901
1181 559.9221, or for failing or refusing to comply with the
1182 requirements of chapter 319, this chapter, or ss. 559.901
1183 559.9221, or any rule or regulation adopted thereunder, such
1184 injunction to be issued without bond. A single act in violation
1185 of the provisions of chapter 319, this chapter, or chapter 559
1186 is shall be sufficient to authorize the issuance of an
1187 injunction.
1188 (13)(12) CIVIL FINES; PROCEDURE.—In addition to the
1189 exercise of other powers provided in this section, the
1190 department may levy and collect a civil fine, in an amount not
1191 to exceed $1,000 for each violation, against any licensee if it
1192 finds that the licensee has violated any provision of this
1193 section or has violated any other law of this state or the
1194 federal law and administrative rule set forth in paragraph
1195 (9)(a) related to dealing in motor vehicles. A Any licensee is
1196 shall be entitled to a hearing pursuant to chapter 120 if the
1197 licensee contests the fine levied, or about to be levied, upon
1198 him or her.
1199 (14)(13) DEPOSIT AND USE OF FEES.—The fees charged
1200 applicants for both the required background investigation and
1201 the computerized card as provided in this section shall be
1202 deposited into the Highway Safety Operating Trust Fund and shall
1203 be used to cover the cost of such service.
1204 (15)(14) EXEMPTION.—The provisions of This section does do
1205 not apply to persons who sell or deliver motorized disability
1206 access vehicles as defined in s. 320.01.
1207 Section 21. Subsection (1) of section 320.642, Florida
1208 Statutes, is amended to read:
1209 320.642 Dealer licenses in areas previously served;
1210 procedure.—
1211 (1) Any licensee who proposes to establish an additional
1212 motor vehicle dealership or permit the relocation of an existing
1213 dealer to a location within a community or territory where the
1214 same line-make vehicle is presently represented by a franchised
1215 motor vehicle dealer or dealers shall give written notice of its
1216 intention to the department. Such notice shall state:
1217 (a) The specific location at which the additional or
1218 relocated motor vehicle dealership will be established.
1219 (b) The date on or after which the licensee intends to be
1220 engaged in business with the additional or relocated motor
1221 vehicle dealer at the proposed location.
1222 (c) The identity of all motor vehicle dealers who are
1223 franchised to sell the same line-make vehicle with licensed
1224 locations in the county or any contiguous county to the county
1225 where the additional or relocated motor vehicle dealer is
1226 proposed to be located.
1227 (d) The names and addresses of the dealer-operator and
1228 principal investors in the proposed additional or relocated
1229 motor vehicle dealership.
1230 Immediately upon receipt of such notice the department shall
1231 cause a notice to be published in the Florida Administrative
1232 Weekly. The published notice shall state that a petition or
1233 complaint by any dealer with standing to protest pursuant to
1234 subsection (3) must be filed not more than 30 days from the date
1235 of publication of the notice in the Florida Administrative
1236 Weekly. The published notice shall describe and identify the
1237 proposed dealership sought to be licensed, and the department
1238 shall mail cause a copy of the notice to be mailed to those
1239 dealers identified in the licensee's notice under paragraph (c).
1240 The department shall assess the licensee a fee of $75 to pay for
1241 the cost of publication and a service charge of $2.50 for each
1242 publication that is handled in connection with establishing an
1243 additional motor vehicle dealership or relocating an existing
1244 dealership.
1245 Section 22. Subsection (16) of section 320.77, Florida
1246 Statutes, is amended, and subsection (17) is added to that
1247 section, to read:
1248 320.77 License required of mobile home dealers.—
1249 (16) SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF
1250 CREDIT REQUIRED.—
1251 (a) Before any license is shall be issued or renewed, the
1252 applicant or licensee shall deliver to the department a good and
1253 sufficient surety bond, cash bond, or irrevocable letter of
1254 credit, executed by the applicant or licensee as principal. The
1255 bond or irrevocable letter of credit shall be in a form to be
1256 approved by the department and must shall be conditioned upon
1257 the dealer's complying with the conditions of any written
1258 contract made by the dealer in connection with the sale,
1259 exchange, or improvement of any mobile home and his or her not
1260 violating any of the provisions of chapter 319 or this chapter
1261 in the conduct of the business for which the dealer is licensed.
1262 The bond or irrevocable letter of credit shall be to the
1263 department and in favor of any retail customer who shall suffer
1264 any loss as a result of any violation of the conditions
1265 contained in this section. The bond or irrevocable letter of
1266 credit shall be for the license period, and a new bond or
1267 irrevocable letter of credit or a proper continuation
1268 certificate shall be delivered to the department at the
1269 beginning of each license period. However, the aggregate
1270 liability of the surety in any one license year may not shall in
1271 no event exceed the sum of such bond, or, in the case of a
1272 letter of credit, the aggregate liability of the issuing bank
1273 may shall not exceed the sum of the credit. The amount of the
1274 bond required shall be as follows:
1275 1. A single dealer who buys, sells, or deals in mobile
1276 homes and who has four or fewer supplemental licenses shall
1277 provide a surety bond, cash bond, or irrevocable letter of
1278 credit executed by the dealer applicant or licensee in the
1279 amount of $25,000.
1280 2. A single dealer who buys, sells, or deals in mobile
1281 homes and who has more than four supplemental licenses shall
1282 provide a surety bond, cash bond, or irrevocable letter of
1283 credit executed by the dealer applicant or licensee in the
1284 amount of $50,000.
1285 For the purposes of this paragraph, any person who buys, sells,
1286 or deals in both mobile homes and recreational vehicles shall
1287 provide the same surety bond required of dealers who buy, sell,
1288 or deal in mobile homes only.
1289 (b) Surety bonds shall be executed by a surety company
1290 authorized to do business in the state as surety, and
1291 irrevocable letters of credit shall be issued by a bank
1292 authorized to do business in the state as a bank.
1293 (c) Irrevocable letters of credit shall be engaged by a
1294 bank as an agreement to honor demands for payment as specified
1295 in this section.
1296 (d) The department shall, upon denial, suspension, or
1297 revocation of any license, notify the surety company of the
1298 licensee or bank issuing an irrevocable letter of credit for the
1299 licensee, in writing, that the license has been denied,
1300 suspended, or revoked and shall state the reason for such
1301 denial, suspension, or revocation.
1302 (e) Any surety company that pays any claim against the bond
1303 of any licensee or any bank that honors a demand for payment as
1304 a condition specified in a letter of credit of a licensee shall
1305 notify the department, in writing, that such action has been
1306 taken and shall state the amount of the claim or payment.
1307 (f) Any surety company that cancels the bond of any
1308 licensee or any bank that cancels an irrevocable letter of
1309 credit shall notify the department, in writing, of such
1310 cancellation, giving reason for the cancellation. The insurer
1311 may cancel the surety bond by giving written notice of the
1312 cancellation to the department. The cancellation of the surety
1313 bond is effective no earlier than 30 days after the notice is
1314 received by the department.
1315 (g) The department shall revoke, suspend, or deny a
1316 dealer's license issued under this chapter if the dealer
1317 conducts business during the license period without having in
1318 full force and effect a surety bond that complies with this
1319 subsection.
1320 (17) GARAGE LIABILITY INSURANCE REQUIRED.-Any person who
1321 buys, sells, or deals in both mobile homes and recreational
1322 vehicles shall provide the same garage liability insurance
1323 required of dealers who buy, sell, or deal only in recreational
1324 vehicles.
1325 (a) Before any license is issued or renewed, the applicant
1326 shall deliver to the department evidence of a new or continued
1327 garage liability insurance policy or a general liability
1328 insurance policy coupled with a business automobile policy,
1329 executed by the applicant as principal, which shall include, at
1330 minimum, $25,000 combined single-limit liability coverage,
1331 including bodily injury and property damage protection, and
1332 $10,000 personal injury protection. The policy shall be for the
1333 license period.
1334 (b) Proof of garage liability must be in a form approved by
1335 the department and conditioned upon the dealer complying with
1336 the conditions of any written contract made by that dealer in
1337 connection with the sale, exchange, or improvement of any
1338 recreational vehicle and not violating any provision of chapter
1339 319 or this chapter in the conduct of the business for which he
1340 or she is licensed. The garage liability insurance shall be to
1341 the department and in favor of any retail customer who suffers
1342 any loss as a result of any violation of this section.
1343 (c) The department shall, upon denial, suspension, or
1344 revocation of any license, notify the insurance company of the
1345 licensee in writing that the license has been denied, suspended,
1346 or revoked and state the reason for such denial, suspension, or
1347 revocation.
1348 (d) An insurance company that pays any claim against the
1349 bond of any licensee shall notify the department in writing that
1350 such action has been taken and the amount of the claim or
1351 payment.
1352 (e) An insurance company that cancels the insurance of any
1353 licensee shall notify the department in writing of the
1354 cancellation, giving the reason for the cancellation. The
1355 insurance company may cancel the liability insurance by giving
1356 written notice of the cancellation to the department. The
1357 cancellation of the liability insurance is effective no earlier
1358 than 30 days after the notice is received by the department.
1359 (f) The department shall revoke, suspend, or deny a
1360 dealer's license issued under this chapter if the dealer
1361 conducts business during the license period without having in
1362 full force and effect garage liability insurance that complies
1363 with this subsection.
1364 Section 23. Section 320.95, Florida Statutes, is amended to
1365 read:
1366 320.95 Transactions by electronic or telephonic means.—
1367 (1) The department may is authorized to accept any
1368 application provided for under this chapter by electronic or
1369 telephonic means.
1370 (2) The department may collect and use e-mail addresses of
1371 motor vehicle owners and registrants as a notification method in
1372 lieu of the United States Postal Service.
1373 Section 24. Subsection (1) of section 322.025, Florida
1374 Statutes, is amended to read:
1375 322.025 Driver improvement.—
1376 (1) The department may implement programs to improve the
1377 driving ability of the drivers of this state. Such programs may
1378 include, but shall not be limited to, safety awareness
1379 campaigns, driver training, and licensing improvement.
1380 Motorcycle driver improvement programs implemented pursuant to
1381 this section or s. 322.0255 may shall be funded by the
1382 motorcycle safety education fee collected pursuant to s.
1383 320.08(1)(c), which shall be deposited in the Highway Safety
1384 Operating Trust Fund of the department and appropriated for that
1385 purpose.
1386 Section 25. Subsections (5), (6), (7), and (8) of section
1387 322.0255, Florida Statutes, are amended to read:
1388 322.0255 Florida Motorcycle Safety Education Program.—
1389 (5) The department shall, subject to the availability of
1390 funds, reimburse each organization that provides an approved
1391 motorcycle safety education course for each student who begins
1392 the on-cycle portion of the course. This shall include any
1393 student not required to attend a motorcycle safety education
1394 course prior to licensure as required in s. 322.12. The amount
1395 to be reimbursed per student to each course provider shall be
1396 determined by the department. In order to facilitate such
1397 determination, each course provider shall be required to submit
1398 proof satisfactory to the department of the expected cost per
1399 student to be incurred by such course provider. In no event
1400 shall the amount to be reimbursed per student to any course
1401 provider exceed the expected cost per student. In addition to
1402 the amount of any reimbursement, each course provider that
1403 conducts such a course may charge each student a tuition fee
1404 sufficient to defray the cost of conducting the course. The
1405 department shall fund the payments required under this
1406 subsection from the motorcycle safety education fee, as provided
1407 in ss. 320.08 and 322.025.
1408 (5)(6) Each organization that provides an approved
1409 motorcycle safety course may charge a registration fee, not to
1410 exceed $20 per student. This fee must be refunded if the student
1411 completes the course. However, any student who registers for,
1412 and does not complete, the course must forfeit his or her
1413 registration fee. Forfeited fees may be retained by the
1414 organization that conducts the course.
1415 (6)(7) The department may adopt rules to implement this
1416 section.
1417 (7)(8) On and after January 1, 1989, every first-time
1418 applicant for licensure to operate a motorcycle who is under 21
1419 years of age is shall be required to complete a motorcycle
1420 education course as established under pursuant to this section.
1421 Proof of completion of such education course must shall be
1422 presented to the driver license examining office prior to such
1423 licensure to operate a motorcycle.
1424 Section 26. Subsection (1) of section 322.03, Florida
1425 Statutes, is amended to read:
1426 322.03 Drivers must be licensed; penalties.—
1427 (1) Except as otherwise authorized in this chapter, a
1428 person may not drive any motor vehicle upon a highway in this
1429 state unless such person has a valid driver's license issued
1430 under the provisions of this chapter.
1431 (a) A person who drives a commercial motor vehicle may
1432 shall not receive a driver's license unless and until he or she
1433 surrenders to the department all driver's licenses in his or her
1434 possession issued to him or her by any other jurisdiction or
1435 makes an affidavit that he or she does not possess a driver's
1436 license. Any such person who fails to surrender such licenses or
1437 who makes a false affidavit concerning such licenses commits is
1438 guilty of a misdemeanor of the first degree, punishable as
1439 provided in s. 775.082 or s. 775.083.
1440 (b) A person who does not drive a commercial motor vehicle
1441 is not required to surrender a license issued by another
1442 jurisdiction, upon a showing to the department that such license
1443 is necessary because of employment or part-time residence. Any
1444 person who retains a driver's license because of employment or
1445 part-time residence shall, upon qualifying for a license in this
1446 state, be issued a driver's license which shall be valid within
1447 this state only. All surrendered licenses may be returned by the
1448 department to the issuing jurisdiction together with information
1449 that the licensee is now licensed in a new jurisdiction or may
1450 be destroyed by the department, which shall notify the issuing
1451 jurisdiction of such destruction. A person may not have more
1452 than one valid Florida driver's license at any time.
1453 (c) Part-time residents of this state issued a license that
1454 is valid within this state only under paragraph (b) as that
1455 paragraph existed before June 30, 2009, may continue to hold
1456 such license until the next regularly scheduled renewal.
1457 Licenses that are identified as “Valid in Florida Only” may not
1458 be issued or renewed effective July 1, 2009. This paragraph
1459 expires June 30, 2017.
1460 Section 27. Subsection (3) of section 322.051, Florida
1461 Statutes, is amended to read:
1462 322.051 Identification cards.—
1463 (3) If an identification card issued under this section is
1464 lost, destroyed, or mutilated or a new name is acquired, the
1465 person to whom it was issued may obtain a duplicate upon
1466 furnishing satisfactory proof of such fact to the department and
1467 upon payment of the applicable fee under s. 322.21 a fee of $10
1468 for such duplicate, $2.50 of which shall be deposited into the
1469 General Revenue Fund and $7.50 into the Highway Safety Operating
1470 Trust Fund. The fee must shall include payment for the color
1471 photograph or digital image of the applicant. Any person who
1472 loses an identification card and who, after obtaining a
1473 duplicate, finds the original card shall immediately surrender
1474 the original card to the department. The same documentary
1475 evidence must shall be furnished for a duplicate as for an
1476 original identification card.
1477 Section 28. Present subsection (6) of section 322.08,
1478 Florida Statutes, is redesignated as subsection (7), and a new
1479 subsection (6) is added to that section, to read:
1480 322.08 Application for license.—
1481 (6) The department may not issue a driver's license or
1482 identification card, as described in s. 322.051, to an applicant
1483 if the applicant holds a valid driver's license or
1484 identification card issued by any state.
1485 Section 29. Subsection (1) of section 322.095, Florida
1486 Statutes, is amended to read:
1487 322.095 Traffic law and substance abuse education program
1488 for driver's license applicants.—
1489 (1) The Department of Highway Safety and Motor Vehicles
1490 must approve traffic law and substance abuse education courses
1491 that must be completed by applicants for a Florida driver's
1492 license. The curricula for the courses must provide instruction
1493 on the physiological and psychological consequences of the abuse
1494 of alcohol and other drugs, the societal and economic costs of
1495 alcohol and drug abuse, the effects of alcohol and drug abuse on
1496 the driver of a motor vehicle, and the laws of this state
1497 relating to the operation of a motor vehicle. All instructors
1498 teaching the courses shall be certified by the department.
1499 Section 30. Section 322.201, Florida Statutes, is amended
1500 to read:
1501 322.201 Records as evidence.—A copy, computer copy, or
1502 transcript of all abstracts of crash reports and all abstracts
1503 of court records of convictions received by the department and
1504 the complete driving record of any individual duly certified by
1505 machine imprint of the department or by machine imprint of the
1506 clerk of a court shall be received as evidence in all courts of
1507 this state without further authentication, provided the same is
1508 otherwise admissible in evidence. Further, any court or the
1509 office of the clerk of any court of this state which is
1510 electronically connected by a terminal device to the computer
1511 data center of the department may use as evidence in any case
1512 the information obtained by this device from the records of the
1513 department without need of such certification; however, if a
1514 genuine issue as to the authenticity of such information is
1515 raised by a party or by the court, the court in its sound
1516 discretion may require that a record certified by the department
1517 be submitted for admission into evidence. For such computer
1518 copies generated by a terminal device of a court or clerk of
1519 court, entry in a driver's record that the notice required by s.
1520 322.251 was given shall constitute sufficient evidence that such
1521 notice was given.
1522 Section 31. Section 322.22, Florida Statutes, is amended to
1523 read:
1524 322.22 Authority of department to cancel license or
1525 identification card.—
1526 (1) The department may is authorized to cancel any driver's
1527 license or identification card, upon determining that the
1528 licensee or identification cardholder was not entitled to the
1529 issuance thereof, or that the licensee or identification
1530 cardholder failed to give the required or correct information in
1531 his or her application or committed any fraud in making such
1532 application, or that the licensee or identification cardholder
1533 has two or more licenses on file with the department, each in a
1534 different name but bearing the photograph of the licensee or
1535 identification cardholder, unless the licensee or identification
1536 cardholder has complied with the requirements of this chapter in
1537 obtaining the licenses or identification cards. The department
1538 may cancel any driver's license, identification card, vehicle or
1539 vessel registration, or fuel-use decal if the licensee or
1540 identification cardholder fails to pay the correct fee or pays
1541 for the driver's license, identification card, vehicle or vessel
1542 registration, or fuel-use decal; pays any tax liability,
1543 penalty, or interest specified in chapter 207; or pays any
1544 administrative, delinquency, or reinstatement fee by a
1545 dishonored check.
1546 (2) Upon such cancellation, the licensee or identification
1547 cardholder must surrender to the department the license or
1548 identification card so canceled.
1549 Section 32. Subsection (2) of section 322.2615, Florida
1550 Statutes, is amended, and subsection (17) is added to that
1551 section, to read:
1552 322.2615 Suspension of license; right to review.—
1553 (2) Except as provided in paragraph (1)(a), the law
1554 enforcement officer shall forward to the department, within 5
1555 days after issuing the notice of suspension, the driver's
1556 license; an affidavit stating the officer's grounds for belief
1557 that the person was driving or in actual physical control of a
1558 motor vehicle while under the influence of alcoholic beverages
1559 or chemical or controlled substances; the results of any breath
1560 or blood test or an affidavit stating that a breath, blood, or
1561 urine test was requested by a law enforcement officer or
1562 correctional officer and that the person refused to submit; the
1563 officer's description of the person's field sobriety test, if
1564 any; and the notice of suspension; and a copy of the crash
1565 report, if any. The failure of the officer to submit materials
1566 within the 5-day period specified in this subsection and in
1567 subsection (1) does not affect the department's ability to
1568 consider any evidence submitted at or prior to the hearing. The
1569 officer may also submit a copy of the crash report or a copy of
1570 a videotape of the field sobriety test or the attempt to
1571 administer such test. Materials submitted to the department by a
1572 law enforcement agency or correctional agency shall be
1573 considered self-authenticating and shall be in the record for
1574 consideration by the hearing officer. Notwithstanding s.
1575 316.066(7), the crash report shall be considered by the hearing
1576 officer.
1577 (17) Notwithstanding s. 316.1932, the term “lawful breath,
1578 blood, or urine test” means any test approved by the Department
1579 of Law Enforcement.
1580 Section 33. Section 322.27, Florida Statutes, is amended to
1581 read:
1582 322.27 Authority of department to suspend or revoke license
1583 or identification card.—
1584 (1) Notwithstanding any provisions to the contrary in
1585 chapter 120, the department may is hereby authorized to suspend
1586 the license or identification card of any person without
1587 preliminary hearing upon a showing of its records or other
1588 sufficient evidence that the licensee or identification
1589 cardholder:
1590 (a) Has committed an offense for which mandatory revocation
1591 of license is required upon conviction. A law enforcement agency
1592 must provide information to the department within 24 hours after
1593 any traffic fatality or when the law enforcement agency
1594 initiates action under pursuant to s. 316.1933;
1595 (b) Has been convicted of a violation of any traffic law
1596 which resulted in a crash that caused the death or personal
1597 injury of another or property damage in excess of $500;
1598 (c) Is incompetent to drive a motor vehicle;
1599 (d) Has permitted an unlawful or fraudulent use of such
1600 license or identification card or has knowingly been a party to
1601 the obtaining of a license or identification card by fraud or
1602 misrepresentation or to display, or represent as one's own, any
1603 driver's license or identification card not issued him or her.
1604 Provided, However, no provision of this section does not shall
1605 be construed to include the provisions of s. 322.32(1);
1606 (e) Has committed an offense in another state which if
1607 committed in this state would be grounds for suspension or
1608 revocation; or
1609 (f) Has committed a second or subsequent violation of s.
1610 316.172(1) within a 5-year period of any previous violation.
1611 (2) The department shall suspend the license of any person
1612 without preliminary hearing upon a showing of its records that
1613 the licensee has been convicted in any court having jurisdiction
1614 over offenses committed under this chapter or any other law of
1615 this state regulating the operation of a motor vehicle on the
1616 highways, upon direction of the court, when the court feels that
1617 the seriousness of the offense and the circumstances surrounding
1618 the conviction warrant the suspension of the licensee's driving
1619 privilege.
1620 (3) There is established a point system for evaluation of
1621 convictions of violations of motor vehicle laws or ordinances,
1622 and violations of applicable provisions of s. 403.413(6)(b) when
1623 such violations involve the use of motor vehicles, for the
1624 determination of the continuing qualification of any person to
1625 operate a motor vehicle. The department is authorized to suspend
1626 the license of any person upon showing of its records or other
1627 good and sufficient evidence that the licensee has been
1628 convicted of violation of motor vehicle laws or ordinances, or
1629 applicable provisions of s. 403.413(6)(b), amounting to 12 or
1630 more points as determined by the point system. The suspension
1631 shall be for a period of not more than 1 year.
1632 (a) When a licensee accumulates 12 points within a 12-month
1633 period, the period of suspension shall be for not more than 30
1634 days.
1635 (b) When a licensee accumulates 18 points, including points
1636 upon which suspension action is taken under paragraph (a),
1637 within an 18-month period, the suspension shall be for a period
1638 of not more than 3 months.
1639 (c) When a licensee accumulates 24 points, including points
1640 upon which suspension action is taken under paragraphs (a) and
1641 (b), within a 36-month period, the suspension shall be for a
1642 period of not more than 1 year.
1643 (d) The point system shall have as its basic element a
1644 graduated scale of points assigning relative values to
1645 convictions of the following violations:
1646 1. Reckless driving, willful and wanton—4 points.
1647 2. Leaving the scene of a crash resulting in property
1648 damage of more than $50—6 points.
1649 3. Unlawful speed resulting in a crash—6 points.
1650 4. Passing a stopped school bus—4 points.
1651 5. Unlawful speed:
1652 a. Not in excess of 15 miles per hour of lawful or posted
1653 speed—3 points.
1654 b. In excess of 15 miles per hour of lawful or posted
1655 speed—4 points.
1656 6. A violation of a traffic control signal device as
1657 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
1658 7. All other moving violations (including parking on a
1659 highway outside the limits of a municipality)—3 points. However,
1660 no points shall be imposed for a violation of s. 316.0741 or s.
1661 316.2065(12).
1662 8. Any moving violation covered above, excluding unlawful
1663 speed, resulting in a crash—4 points.
1664 9. Any conviction under s. 403.413(6)(b)—3 points.
1665 10. Any conviction under s. 316.0775(2)—4 points.
1666 (e) A conviction in another state of a violation therein
1667 which, if committed in this state, would be a violation of the
1668 traffic laws of this state, or a conviction of an offense under
1669 any federal law substantially conforming to the traffic laws of
1670 this state, except a violation of s. 322.26, may be recorded
1671 against a driver on the basis of the same number of points
1672 received had the conviction been made in a court of this state.
1673 (f) In computing the total number of points, when the
1674 licensee reaches the danger zone, the department is authorized
1675 to send the licensee a warning letter advising that any further
1676 convictions may result in suspension of his or her driving
1677 privilege.
1678 (g) The department shall administer and enforce the
1679 provisions of this law and may make rules and regulations
1680 necessary for its administration.
1681 (h) Three points shall be deducted from the driver history
1682 record of any person whose driving privilege has been suspended
1683 only once pursuant to this subsection and has been reinstated,
1684 if such person has complied with all other requirements of this
1685 chapter.
1686 (i) This subsection shall not apply to persons operating a
1687 nonmotorized vehicle for which a driver's license is not
1688 required.
1689 (4) The department, in computing the points and period of
1690 time for suspensions under this section, shall use the offense
1691 date of all convictions.
1692 (5) The department shall revoke the license of any person
1693 designated a habitual offender, as set forth in s. 322.264, and
1694 such person shall not be eligible to be relicensed for a minimum
1695 of 5 years from the date of revocation, except as provided for
1696 in s. 322.271. Any person whose license is revoked may, by
1697 petition to the department, show cause why his or her license
1698 should not be revoked.
1699 (6) The department shall revoke the driving privilege of
1700 any person who is convicted of a felony for the possession of a
1701 controlled substance if, at the time of such possession, the
1702 person was driving or in actual physical control of a motor
1703 vehicle. A person whose driving privilege has been revoked
1704 pursuant to this subsection shall not be eligible to receive a
1705 limited business or employment purpose license during the term
1706 of such revocation.
1707 (7) Review of an order of suspension or revocation shall be
1708 by writ of certiorari as provided in s. 322.31.
1709 Section 34. Subsection (2) of section 322.271, Florida
1710 Statutes, is amended to read:
1711 322.271 Authority to modify revocation, cancellation, or
1712 suspension order.—
1713 (2)(a) At Upon such hearing, the person whose license has
1714 been suspended, canceled, or revoked may show that such
1715 suspension, cancellation, or revocation of his or her license
1716 causes a serious hardship and precludes the person from person's
1717 carrying out his or her normal business occupation, trade, or
1718 employment and that the use of the person's license in the
1719 normal course of his or her business is necessary to the proper
1720 support of the person or his or her family.
1721 (a) Except as otherwise provided in this subsection, the
1722 department shall require proof of the successful completion of
1723 the applicable department-approved driver training course
1724 operating pursuant to s. 318.1451 or DUI program substance abuse
1725 education course and evaluation as provided in s. 316.193(5).
1726 Letters of recommendation from respected business persons in the
1727 community, law enforcement officers, or judicial officers may
1728 also be required to determine whether the such person should be
1729 permitted to operate a motor vehicle on a restricted basis for
1730 business or employment use only and in determining whether such
1731 person can be trusted to so operate a motor vehicle. If a
1732 driver's license has been suspended under the point system or
1733 under pursuant to s. 322.2615, the department shall require
1734 proof of enrollment in the applicable department-approved driver
1735 training course or licensed DUI program substance abuse
1736 education course, including evaluation and treatment, if
1737 referred, and may require letters of recommendation described in
1738 this paragraph subsection to determine if the driver should be
1739 reinstated on a restricted basis. If the such person fails to
1740 complete the approved course within 90 days after reinstatement
1741 or subsequently fails to complete treatment, if applicable, the
1742 department shall cancel his or her driver's license until the
1743 course and treatment, if applicable, is successfully completed,
1744 notwithstanding the terms of the court order or any suspension
1745 or revocation of the driving privilege. The department may
1746 temporarily reinstate the driving privilege on a restricted
1747 basis upon verification from the DUI program that the offender
1748 has reentered and is currently participating in treatment and
1749 has completed the DUI education course and evaluation
1750 requirement. If the DUI program notifies the department of the
1751 second failure to complete treatment, the department shall
1752 reinstate the driving privilege only after notice of completion
1753 of treatment from the DUI program. The privilege of driving on a
1754 limited or restricted basis for business or employment use may
1755 shall not be granted to a person who has been convicted of a
1756 violation of s. 316.193 until completion of the DUI program
1757 substance abuse education course and evaluations as provided in
1758 s. 316.193(5). Except as provided in paragraph (c) (b), the
1759 privilege of driving on a limited or restricted basis for
1760 business or employment use may shall not be granted to a person
1761 whose license is revoked pursuant to s. 322.28 or suspended
1762 pursuant to s. 322.2615 and who has been convicted of a
1763 violation of s. 316.193 two or more times or whose license has
1764 been suspended two or more times for refusal to submit to a test
1765 pursuant to s. 322.2615 or former s. 322.261.
1766 (b) The department may waive the hearing process for
1767 suspensions and revocations upon request by the driver if the
1768 driver has enrolled or completed the applicable driver training
1769 course approved under s. 318.1451 or the DUI program substance
1770 abuse education course and evaluation provided in s. 316.193(5).
1771 However, the department may not waive the hearing for
1772 suspensions or revocations that involve death or serious bodily
1773 injury, multiple convictions for violations of s. 316.193
1774 pursuant to s. 322.27(5), or a second or subsequent suspension
1775 or revocation pursuant to the same provision of this chapter.
1776 This paragraph does not preclude the department from requiring a
1777 hearing for any suspension or revocation that it determines is
1778 warranted based on the severity of the offense.
1779 (c)(b) A person whose license has been revoked for a period
1780 of 5 years or less pursuant to s. 322.28(2)(a) may, upon the
1781 expiration of 12 months after the date the said revocation was
1782 imposed, petition the department for reinstatement of his or her
1783 driving privilege on a restricted basis. A person whose license
1784 has been revoked for a period of more than 5 years under s.
1785 322.28(2)(a) may, upon the expiration of 24 months after the
1786 date the revocation was imposed, petition the department for
1787 reinstatement of his or her driving privilege on a restricted
1788 basis. Reinstatement under of the driving privilege pursuant to
1789 this subsection is shall be restricted to business or employment
1790 purposes only. In addition, the department shall require such
1791 persons upon reinstatement to have not driven and to have been
1792 drug free for at least 12 months immediately before the prior to
1793 such reinstatement, to be supervised by a DUI program licensed
1794 by the department, and to report to the program at least three
1795 times a year as required by the program for the duration of the
1796 revocation period for supervision. Such supervision includes
1797 shall include evaluation, education, referral into treatment,
1798 and other activities required by the department. Such persons
1799 shall assume reasonable costs of supervision. If the such person
1800 fails to comply with the required supervision, the program shall
1801 report the failure to the department, and the department shall
1802 cancel the such person's driving privilege. This paragraph does
1803 not apply to any person whose driving privilege has been
1804 permanently revoked.
1805 (d)(c) For the purpose of this section, a previous
1806 conviction of driving under the influence, driving while
1807 intoxicated, driving with an unlawful blood-alcohol level, or
1808 any other similar alcohol-related or drug-related offense
1809 outside this state or a previous conviction of former s.
1810 316.1931, former s. 316.028, or former s. 860.01 is shall be
1811 considered a previous conviction for violation of s. 316.193.
1812 (e)(d) The department, based upon review of the licensee's
1813 application for reinstatement, may require use of an ignition
1814 interlock device pursuant to s. 322.2715.
1815 Section 35. Paragraph (a) of subsection (2) of section
1816 322.28, Florida Statutes, is amended to read:
1817 322.28 Period of suspension or revocation.—
1818 (2) In a prosecution for a violation of s. 316.193 or
1819 former s. 316.1931, the following provisions apply:
1820 (a) Upon conviction of the driver, the court, along with
1821 imposing sentence, shall revoke the driver's license or driving
1822 privilege of the person so convicted, effective on the date of
1823 conviction, and shall prescribe the period of such revocation in
1824 accordance with the following provisions:
1825 1. Upon a first conviction, or any conviction that does not
1826 fall under subparagraph 2. or subparagraph 3., for a violation
1827 of the provisions of s. 316.193 or former s. 316.1931, except a
1828 violation resulting in death, the driver's license or driving
1829 privilege shall be revoked for not less than 180 days or more
1830 than 1 year.
1831 2. Upon a second conviction for an offense that occurs
1832 within a period of 5 years after the date of a prior conviction
1833 for a violation of the provisions of s. 316.193 or former s.
1834 316.1931 or a combination of such sections, the driver's license
1835 or driving privilege shall be revoked for not less than 5 years.
1836 3. Upon a third conviction for an offense that occurs
1837 within a period of 10 years after the date of a prior conviction
1838 for the violation of the provisions of s. 316.193 or former s.
1839 316.1931 or a combination of such sections, the driver's license
1840 or driving privilege shall be revoked for not less than 10
1841 years.
1842 For the purposes of this paragraph, a previous conviction
1843 outside this state for driving under the influence, driving
1844 while intoxicated, driving with an unlawful blood-alcohol level,
1845 or any other alcohol-related or drug-related traffic offense
1846 similar to the offense of driving under the influence as
1847 proscribed by s. 316.193 will be considered a previous
1848 conviction for violation of s. 316.193, and a conviction for
1849 violation of former s. 316.028, former s. 316.1931, or former s.
1850 860.01 is considered a conviction for violation of s. 316.193.
1851 Additionally, if a person has two offenses for violating s.
1852 316.193 pending at the same time which were committed on
1853 different offense dates and the person is subsequently convicted
1854 for each violation, the court shall impose the sanction as if
1855 the first conviction preceded the offense date of the second
1856 conviction.
1857 Section 36. Section 322.293, Florida Statutes, is amended
1858 to read:
1859 322.293 DUI Programs Coordination Trust Fund; assessment;
1860 disposition.—
1861 (1) The DUI Programs Coordination Trust Fund shall be
1862 administered by the department, and the costs of administration
1863 shall be paid borne by the revenue collections provided in this
1864 section fund. All funds received by the department DUI Programs
1865 Coordination Trust Fund shall be used solely for the purposes
1866 set forth in this chapter and for the general operation of the
1867 department section and s. 322.292. However, if the Legislature
1868 passes legislation consolidating existing trust funds assigned
1869 to the department, all funds remaining in and deposited to the
1870 DUI Programs Coordination Trust Fund shall be transferred to the
1871 consolidated trust funds, subject to their being earmarked for
1872 use solely for the purposes set forth in this section and s.
1873 322.292.
1874 (2) Each DUI program shall assess $12 against each person
1875 enrolling in a DUI program at the time of enrollment, including
1876 persons who transfer to or from a program in another state. In
1877 addition, second and third offenders and those offenders under
1878 permanent driver's-license revocation who are evaluated for
1879 eligibility for license restrictions under s. 322.271(2) s.
1880 322.271(2)(b) and (4) shall be assessed $12 upon enrollment in
1881 the program and upon each subsequent anniversary date while they
1882 are in the program, for the duration of the license period.
1883 (3) All assessments collected under this section shall be
1884 deposited in the Highway Safety Operating forwarded to the DUI
1885 Programs Coordination Trust Fund within 30 days after the last
1886 day of the month in which the assessment was received.
1887 Section 37. Subsection (1), paragraph (b) of subsection
1888 (7), and subsection (8) of section 322.64, Florida Statutes, are
1889 amended to read:
1890 322.64 Holder of commercial driver's license; persons
1891 operating a commercial motor vehicle; driving with unlawful
1892 blood-alcohol level; refusal to submit to breath, urine, or
1893 blood test.—
1894 (1)(a) A law enforcement officer or correctional officer
1895 shall, on behalf of the department, disqualify from operating
1896 any commercial motor vehicle a person who while operating or in
1897 actual physical control of a commercial motor vehicle is
1898 arrested for a violation of s. 316.193, relating to unlawful
1899 blood-alcohol level or breath-alcohol level, or a person who has
1900 refused to submit to a breath, urine, or blood test authorized
1901 by s. 322.63 or s. 316.1932 arising out of the operation or
1902 actual physical control of a commercial motor vehicle. A law
1903 enforcement officer or correctional officer shall, on behalf of
1904 the department, disqualify the holder of a commercial driver's
1905 license from operating any commercial motor vehicle if the
1906 licenseholder, while operating or in actual physical control of
1907 a motor vehicle, is arrested for a violation of s. 316.193,
1908 relating to unlawful blood-alcohol level or breath-alcohol
1909 level, or refused to submit to a breath, urine, or blood test
1910 authorized by s. 322.63 or s. 316.1932. Upon disqualification of
1911 the person, the officer shall take the person's driver's license
1912 and issue the person a 10-day temporary permit for the operation
1913 of noncommercial vehicles only if the person is otherwise
1914 eligible for the driving privilege and shall issue the person a
1915 notice of disqualification. If the person has been given a
1916 blood, breath, or urine test, the results of which are not
1917 available to the officer at the time of the arrest, the agency
1918 employing the officer shall transmit such results to the
1919 department within 5 days after receipt of the results. If the
1920 department then determines that the person had a blood-alcohol
1921 level or breath-alcohol level of 0.08 or higher, the department
1922 shall disqualify the person from operating a commercial motor
1923 vehicle pursuant to subsection (3).
1924 (b) The disqualification under paragraph (a) shall be
1925 pursuant to, and the notice of disqualification shall inform the
1926 driver of, the following:
1927 1.a. The driver refused to submit to a lawful breath,
1928 blood, or urine test and he or she is disqualified from
1929 operating a commercial motor vehicle for a period of 1 year, for
1930 a first refusal, or permanently, if he or she has previously
1931 been disqualified under this section as a result of a refusal to
1932 submit to such a test; or
1933 b. The driver was driving or in actual physical control of
1934 a commercial motor vehicle, or any motor vehicle if the driver
1935 holds a commercial driver's license, had an unlawful blood
1936 alcohol level or breath-alcohol level of 0.08 or higher, and his
1937 or her driving privilege shall be disqualified for a period of 1
1938 year for a first offense or permanently disqualified if his or
1939 her driving privilege has been previously disqualified under
1940 this section.
1941 2. The disqualification period for operating commercial
1942 vehicles shall commence on the date of issuance of the notice of
1943 disqualification.
1944 3. The driver may request a formal or informal review of
1945 the disqualification by the department within 10 days after the
1946 date of issuance of the notice of disqualification.
1947 4. The temporary permit issued at the time of
1948 disqualification expires at midnight of the 10th day following
1949 the date of disqualification.
1950 5. The driver may submit to the department any materials
1951 relevant to the disqualification.
1952 (7) In a formal review hearing under subsection (6) or an
1953 informal review hearing under subsection (4), the hearing
1954 officer shall determine by a preponderance of the evidence
1955 whether sufficient cause exists to sustain, amend, or invalidate
1956 the disqualification. The scope of the review shall be limited
1957 to the following issues:
1958 (b) If the person was disqualified from operating a
1959 commercial motor vehicle for refusal to submit to a breath,
1960 blood, or urine test:
1961 1. Whether the law enforcement officer had probable cause
1962 to believe that the person was driving or in actual physical
1963 control of a commercial motor vehicle, or any motor vehicle if
1964 the driver holds a commercial driver's license, in this state
1965 while he or she had any alcohol, chemical substances, or
1966 controlled substances in his or her body.
1967 2. Whether the person refused to submit to the test after
1968 being requested to do so by a law enforcement officer or
1969 correctional officer.
1970 3. Whether the person was told that if he or she refused to
1971 submit to such test he or she would be disqualified from
1972 operating a commercial motor vehicle for a period of 1 year or,
1973 if previously disqualified under this section in the case of a
1974 second refusal, permanently.
1975 (8) Based on the determination of the hearing officer
1976 pursuant to subsection (7) for both informal hearings under
1977 subsection (4) and formal hearings under subsection (6), the
1978 department shall:
1979 (a) Sustain the disqualification for a period of 1 year for
1980 a first refusal, or permanently if such person has been
1981 previously disqualified from operating a commercial motor
1982 vehicle under this section as a result of a refusal to submit to
1983 such tests. The disqualification period commences on the date of
1984 the arrest or issuance of the notice of disqualification,
1985 whichever is later.
1986 (b) Sustain the disqualification:
1987 1. For a period of 1 year if the person was driving or in
1988 actual physical control of a commercial motor vehicle, or any
1989 motor vehicle if the driver holds a commercial driver's license,
1990 and had an unlawful blood-alcohol level or breath-alcohol level
1991 of 0.08 or higher; or
1992 2. Permanently if the person has been previously
1993 disqualified from operating a commercial motor vehicle under
1994 this section or his or her driving privilege has been previously
1995 suspended for driving or being in actual physical control of a
1996 commercial motor vehicle, or any motor vehicle if the driver
1997 holds a commercial driver's license, and had an unlawful blood
1998 alcohol level or breath-alcohol level of 0.08 or higher.
1999 The disqualification period commences on the date of the arrest
2000 or issuance of the notice of disqualification.
2001 Section 38. Section 328.30, Florida Statutes, is amended to
2002 read:
2003 328.30 Transactions by electronic or telephonic means.—
2004 (1) The department may is authorized to accept any
2005 application provided for under this chapter by electronic or
2006 telephonic means.
2007 (2) The department may issue an electronic certificate of
2008 title in lieu of printing a paper title.
2009 (3) The department may collect and use e-mail addresses of
2010 vessel owners and registrants as a notification method in lieu
2011 of the United States Postal Service.
2012 Section 39. Subsection (12) of section 328.72, Florida
2013 Statutes, is amended, present subsections (13), (14), (15),
2014 (16), and (17) of that section, are redesignated as subsections
2015 (14), (15), (16), (17), and (18), respectively, and a new
2016 subsection (13) is added to that section, to read:
2017 328.72 Classification; registration; fees and charges;
2018 surcharge; disposition of fees; fines; marine turtle stickers.—
2019 (12) REGISTRATION.—
2020 (a) “Registration period” is a period of 12 months during
2021 which a vessel registration is valid.
2022 (b) “Extended registration period” means a period of 24
2023 months during which a vessel registration is valid.
2024 (c)(b) Any vessel owner who is subject to registration
2025 under subparagraph (c)1. is eligible for an extended
2026 registration period that begins the first day of the birth month
2027 of the owner and ends the last day of the month immediately
2028 preceding the owner's birth month 24 months after the beginning
2029 of the registration period. If the vessel is registered in the
2030 name of more than one person, the birth month of the person
2031 whose name first appears on the registration shall be used to
2032 determine the extended registration period. For a vessel subject
2033 to this extended registration period, the renewal period is the
2034 30-day period ending at midnight on the vessel owner's date of
2035 birth.
2036 (d)(c) The following registration periods and renewal
2037 periods are established:
2038 1. For vessels owned by individuals, the registration
2039 period begins the first day of the birth month of the owner and
2040 ends the last day of the month immediately preceding the owner's
2041 birth month in the succeeding year. If the vessel is registered
2042 in the name of more than one person, the birth month of the
2043 person whose name first appears on the registration shall be
2044 used to determine the registration period. For a vessel subject
2045 to this registration period, the renewal period is the 30-day
2046 period ending at midnight on the vessel owner's date of birth.
2047 2. For vessels owned by companies, corporations,
2048 governmental entities, and registrations issued to dealers and
2049 manufacturers, the registration period begins July 1 and ends
2050 June 30. The renewal period is the 30-day period beginning June
2051 1.
2052 (13) Registration fees shall be prorated on a monthly basis
2053 when the registration period is other than 12 months or 24
2054 months. An annual registration may not exceed 15 months and a
2055 biennial registration may not exceed 27 months.
2056 Section 40. Section 328.80, Florida Statutes, is amended to
2057 read:
2058 328.80 Transactions by electronic or telephonic means.—
2059 (1) The department may commission is authorized to accept
2060 any application provided for under this chapter by electronic or
2061 telephonic means.
2062 (2) The department may collect and use e-mail addresses of
2063 vessel owners and registrants as a notification method in lieu
2064 of the United States Postal Service.
2065 Section 41. This act shall take effect October 1, 2009.