Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1150
       
       
       
       
       
       
                                Barcode 490034                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2011           .                                
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       The Committee on Governmental Oversight and Accountability
       (Bogdanoff) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1316 - 2009
    4  and insert:
    5         Section 26. Subsections (2) and (4) of section 320.02,
    6  Florida Statutes, are amended, paragraphs (o),(p), and (q) are
    7  added to subsection (15) of that section, and subsection (18) is
    8  added to that section, to read:
    9         320.02 Registration required; application for registration;
   10  forms.—
   11         (2)(a) The application for registration shall include the
   12  street address of the owner’s permanent residence or the address
   13  of his or her permanent place of business and shall be
   14  accompanied by personal or business identification information
   15  which may include, but need not be limited to, a driver’s
   16  license number, Florida identification card number, or federal
   17  employer identification number. If the owner does not have a
   18  permanent residence or permanent place of business or if the
   19  owner’s permanent residence or permanent place of business
   20  cannot be identified by a street address, the application shall
   21  include:
   22         1. If the vehicle is registered to a business, the name and
   23  street address of the permanent residence of an owner of the
   24  business, an officer of the corporation, or an employee who is
   25  in a supervisory position.
   26         2. If the vehicle is registered to an individual, the name
   27  and street address of the permanent residence of a close
   28  relative or friend who is a resident of this state.
   29  
   30  If the vehicle is registered to an active-duty military member
   31  who is a Florida resident, the member is exempt from the
   32  requirement of a Florida residential address.
   33         (b) The department shall prescribe a form upon which motor
   34  vehicle owners may record odometer readings when registering
   35  their motor vehicles.
   36         (4) The owner of any motor vehicle registered in the state
   37  shall notify the department in writing of any change of address
   38  within 20 days of such change. The notification shall include
   39  the registration license plate number, the vehicle
   40  identification number (VIN) or title certificate number, year of
   41  vehicle make, and the owner’s full name. Any owner or registrant
   42  who possesses a Florida driver’s license or identification card
   43  and changes residence or mailing address must obtain a
   44  replacement as provided for in s. 322.19(2) before changing the
   45  address on the motor vehicle record.
   46         (15)
   47         (o) The application form for motor vehicle registration and
   48  renewal registration must include language permitting the
   49  voluntary contribution of $1 to End Hunger in Florida. The
   50  proceeds shall be distributed monthly by the department to the
   51  Florida Association of Food Banks, Inc., a corporation not for
   52  profit under s. 501(c)(3) of the Internal Revenue Code. The
   53  funds shall be used by the organization for the purpose of
   54  ending hunger in Florida.
   55         (p) The application form for motor vehicle registration and
   56  renewal registration must include language permitting a
   57  voluntary contribution of $1 for Autism Services and Supports.
   58  The proceeds shall be transferred by the department each month
   59  to the Achievement and Rehabilitation Centers, Inc., Autism
   60  Services Fund.
   61         (q) The application form for motor vehicle registration and
   62  renewal registration must include language permitting a
   63  voluntary contribution of $1 for Support Our Troops. The
   64  proceeds shall be transferred by the department each month to
   65  Support Our Troops, Inc.
   66  
   67  For the purpose of applying the service charge provided in s.
   68  215.20, contributions received under this subsection are not
   69  income of a revenue nature.
   70         (18) All electronic registration records shall be retained
   71  by the department for at least 10 years.
   72         Section 27. Subsection (9) is added to section 320.023,
   73  Florida Statutes, to read:
   74         320.023 Requests to establish voluntary checkoff on motor
   75  vehicle registration application.—
   76         (9) The department may annually retain from the first
   77  proceeds derived from the voluntary contributions collected an
   78  amount sufficient to defray for each voluntary contribution the
   79  pro rata share of the department’s costs directly related to the
   80  voluntary contributions program. Such costs include renewal
   81  notices, postage, distribution costs, direct costs to the
   82  department, and costs associated with reviewing each
   83  organization’s compliance with the audit and attestation
   84  requirements of this section. The revenues retained by the
   85  department may not be less than 0.005 percent and may not exceed
   86  0.015 percent. The balance of the proceeds from the voluntary
   87  contributions collected shall be distributed as provided by law.
   88         Section 28. Subsections (7) and (8) of section 320.03,
   89  Florida Statutes, are amended to read:
   90         320.03 Registration; duties of tax collectors;
   91  International Registration Plan.—
   92         (7) The Department of Highway Safety and Motor Vehicles
   93  shall register apportionable apportioned motor vehicles under
   94  the provisions of the International Registration Plan. The
   95  department may adopt rules to implement and enforce the
   96  provisions of the plan.
   97         (8) If the applicant’s name appears on the list referred to
   98  in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
   99  plate or revalidation sticker may not be issued until that
  100  person’s name no longer appears on the list or until the person
  101  presents a receipt from the governmental entity or the clerk of
  102  court that provided the data showing that the fines outstanding
  103  have been paid. This subsection does not apply to the owner of a
  104  leased vehicle if the vehicle is registered in the name of the
  105  lessee of the vehicle. The tax collector and the clerk of the
  106  court are each entitled to receive monthly, as costs for
  107  implementing and administering this subsection, 10 percent of
  108  the civil penalties and fines recovered from such persons. As
  109  used in this subsection, the term “civil penalties and fines”
  110  does not include a wrecker operator’s lien as described in s.
  111  713.78(13). If the tax collector has private tag agents, such
  112  tag agents are entitled to receive a pro rata share of the
  113  amount paid to the tax collector, based upon the percentage of
  114  license plates and revalidation stickers issued by the tag agent
  115  compared to the total issued within the county. The authority of
  116  any private agent to issue license plates shall be revoked,
  117  after notice and a hearing as provided in chapter 120, if he or
  118  she issues any license plate or revalidation sticker contrary to
  119  the provisions of this subsection. This section applies only to
  120  the annual renewal in the owner’s birth month of a motor vehicle
  121  registration and does not apply to the transfer of a
  122  registration of a motor vehicle sold by a motor vehicle dealer
  123  licensed under this chapter, except for the transfer of
  124  registrations which is inclusive of the annual renewals. This
  125  section does not affect the issuance of the title to a motor
  126  vehicle, notwithstanding s. 319.23(8)(b) 319.23(7)(b).
  127         Section 29. Paragraph (b) of subsection (3) and subsection
  128  (5) of section 320.05, Florida Statutes, are amended to read:
  129         320.05 Records of the department; inspection procedure;
  130  lists and searches; fees.—
  131         (3)
  132         (b) Fees therefor shall be charged and collected as
  133  follows:
  134         1. For providing lists of motor vehicle or vessel records
  135  for the entire state, or any part or parts thereof, divided
  136  according to counties, a sum computed at a rate of not less than
  137  1 cent nor more than 5 cents per item.
  138         2. For providing noncertified photographic copies of motor
  139  vehicle or vessel documents, $1 per page.
  140         3. For providing noncertified photographic copies of
  141  micrographic records, $1 per page.
  142         4. For providing certified copies of motor vehicle or
  143  vessel records, $3 per record.
  144         5. For providing noncertified computer-generated printouts
  145  of motor vehicle or vessel records, 50 cents per record.
  146         6. For providing certified computer-generated printouts of
  147  motor vehicle or vessel records, $3 per record.
  148         7. For providing electronic access to motor vehicle,
  149  vessel, and mobile home registration data requested by tag,
  150  vehicle identification number, title number, or decal number, 50
  151  cents per item.
  152         8. For providing electronic access to driver’s license
  153  status report by name, sex, and date of birth or by driver
  154  license number, 50 cents per item.
  155         9. For providing lists of licensed mobile home dealers and
  156  manufacturers and recreational vehicle dealers and
  157  manufacturers, $15 per list.
  158         10. For providing lists of licensed motor vehicle dealers,
  159  $25 per list.
  160         11. For each copy of a videotape record, $15 per tape.
  161         12. For each copy of the Division of Motor Vehicles
  162  Procedures Manual, $25.
  163         (5) The creation and maintenance of records by the Division
  164  of Motorist Services within the department and the Division of
  165  Motor Vehicles pursuant to this chapter shall not be regarded as
  166  law enforcement functions of agency recordkeeping.
  167         Section 30. Paragraph (d) is added to subsection (1) of
  168  section 320.06, Florida Statutes, and subsection (5) is added to
  169  that section, to read:
  170         320.06 Registration certificates, license plates, and
  171  validation stickers generally.—
  172         (1)
  173         (d) The department may conduct a pilot program to evaluate
  174  designs, concepts, and technologies for alternative license
  175  plate technologies. The pilot program shall investigate the
  176  feasibility and use of alternative license plate technologies
  177  and shall be limited to license plates that are used on
  178  government-owned motor vehicles, as defined in s. 320.0655.
  179  Government license plates in the pilot program are exempt from
  180  current license plate requirements in s. 320.06(3)(a).
  181         (5) All license plates issued pursuant to this chapter are
  182  the property of the State of Florida.
  183         Section 31. Section 320.061, Florida Statutes, is amended
  184  to read:
  185         320.061 Unlawful to alter motor vehicle registration
  186  certificates, temporary license plates, license plates, mobile
  187  home stickers, or validation stickers or to obscure license
  188  plates; penalty.—No person shall alter the original appearance
  189  of any registration license plate, temporary license plate,
  190  mobile home sticker, validation sticker, or vehicle registration
  191  certificate issued for and assigned to any motor vehicle or
  192  mobile home, whether by mutilation, alteration, defacement, or
  193  change of color or in any other manner. No person shall apply or
  194  attach any substance, reflective matter, illuminated device,
  195  spray, coating, covering, or other material onto or around any
  196  license plate that interferes with the legibility, angular
  197  visibility, or detectability of any feature or detail on the
  198  license plate or interferes with the ability to record any
  199  feature or detail on the license plate. Any person who violates
  200  this section commits a noncriminal traffic infraction,
  201  punishable as a moving violation as provided in chapter 318.
  202         Section 32. Subsection (1) of section 320.071, Florida
  203  Statutes, is amended to read:
  204         320.071 Advance registration renewal; procedures.—
  205         (1)(a) The owner of any motor vehicle or mobile home
  206  currently registered in this state may file an application for
  207  renewal of registration with the department, or its authorized
  208  agent in the county wherein the owner resides, any time during
  209  the 3 months preceding the date of expiration of the
  210  registration period. The registration period may not exceed 27
  211  months.
  212         (b) The owner of any apportionable apportioned motor
  213  vehicle currently registered in this state under the provisions
  214  of the International Registration Plan may file an application
  215  for renewal of registration with the department any time during
  216  the 3 months preceding the date of expiration of the
  217  registration period.
  218         Section 33. Subsections (1) and (3) of section 320.0715,
  219  Florida Statutes, are amended to read:
  220         320.0715 International Registration Plan; motor carrier
  221  services; permits; retention of records.—
  222         (1) All apportionable commercial motor vehicles domiciled
  223  in this state and engaged in interstate commerce shall be
  224  registered in accordance with the provisions of the
  225  International Registration Plan and shall display apportioned
  226  license plates.
  227         (3)(a) If the department is unable to immediately issue the
  228  apportioned license plate to an applicant currently registered
  229  in this state under the International Registration Plan or to a
  230  vehicle currently titled in this state, the department or its
  231  designated agent is authorized to issue a 60-day temporary
  232  operational permit. The department or agent of the department
  233  shall charge a $3 fee and the service charge authorized by s.
  234  320.04 for each temporary operational permit it issues.
  235         (b) The department shall in no event issue a temporary
  236  operational permit for any apportionable commercial motor
  237  vehicle to any applicant until the applicant has shown that:
  238         1. All sales or use taxes due on the registration of the
  239  vehicle are paid; and
  240         2. Insurance requirements have been met in accordance with
  241  ss. 320.02(5) and 627.7415.
  242         (c) Issuance of a temporary operational permit provides
  243  commercial motor vehicle registration privileges in each
  244  International Registration Plan member jurisdiction designated
  245  on said permit and therefore requires payment of all applicable
  246  registration fees and taxes due for that period of registration.
  247         (d) Application for permanent registration must be made to
  248  the department within 10 days following from issuance of a
  249  temporary operational permit. Failure to file an application
  250  within this 10-day period may result in cancellation of the
  251  temporary operational permit.
  252         Section 34. Paragraph (d) of subsection (5) of section
  253  320.08, Florida Statutes, is amended to read:
  254         320.08 License taxes.—Except as otherwise provided herein,
  255  there are hereby levied and imposed annual license taxes for the
  256  operation of motor vehicles, mopeds, motorized bicycles as
  257  defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
  258  and mobile homes, as defined in s. 320.01, which shall be paid
  259  to and collected by the department or its agent upon the
  260  registration or renewal of registration of the following:
  261         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
  262  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
  263         (d) A wrecker, as defined in s. 320.01(40), which is used
  264  to tow a vessel as defined in s. 327.02(39), a disabled,
  265  abandoned, stolen-recovered, or impounded motor vehicle as
  266  defined in s. 320.01(38), or a replacement motor vehicle as
  267  defined in s. 320.01(39): $41 flat, of which $11 shall be
  268  deposited into the General Revenue Fund.
  269         Section 35. Subsection (1) of section 320.0847, Florida
  270  Statutes, is amended to read:
  271         320.0847 Mini truck and low-speed vehicle license plates.—
  272         (1) The department shall issue a license plate to the owner
  273  or lessee of any vehicle registered as a low-speed vehicle as
  274  defined in s. 320.01(42) or a mini truck as defined in s.
  275  320.01(45) upon payment of the appropriate license taxes and
  276  fees prescribed in s. 320.08.
  277         Section 36. Subsection (4) of section 320.0848, Florida
  278  Statutes, is amended to read:
  279         320.0848 Persons who have disabilities; issuance of
  280  disabled parking permits; temporary permits; permits for certain
  281  providers of transportation services to persons who have
  282  disabilities.—
  283         (4) From the proceeds of the temporary disabled parking
  284  permit fees:
  285         (a) The Department of Highway Safety and Motor Vehicles
  286  must receive $3.50 for each temporary permit, to be deposited
  287  into the Highway Safety Operating Trust Fund and used for
  288  implementing the real-time disabled parking permit database and
  289  for administering the disabled parking permit program.
  290         (b) The tax collector, for processing, must receive $2.50
  291  for each temporary permit.
  292         (c) The remainder must be distributed monthly as follows:
  293         1. To the Florida Endowment Foundation for Vocational
  294  Rehabilitation, known as “The Able Trust,” Florida Governor’s
  295  Alliance for the Employment of Disabled Citizens for the purpose
  296  of improving employment and training opportunities for persons
  297  who have disabilities, with special emphasis on removing
  298  transportation barriers, $4. These fees must be directly
  299  deposited into the Florida Endowment Foundation for Vocational
  300  Rehabilitation as established in s. 413.615 Transportation
  301  Disadvantaged Trust Fund for transfer to the Florida Governor’s
  302  Alliance for Employment of Disabled Citizens.
  303         2. To the Transportation Disadvantaged Trust Fund to be
  304  used for funding matching grants to counties for the purpose of
  305  improving transportation of persons who have disabilities, $5.
  306         Section 37. Paragraphs (a) and (b) of subsection (2) of
  307  section 320.275, Florida Statutes, are amended to read:
  308         320.275 Automobile Dealers Industry Advisory Board.—
  309         (2) MEMBERSHIP, TERMS, MEETINGS.—
  310         (a) The board shall be composed of 12 members. The
  311  executive director of the Department of Highway Safety and Motor
  312  Vehicles shall appoint the members from names submitted by the
  313  entities for the designated categories the member will
  314  represent. The executive director shall appoint one
  315  representative of the Department of Highway Safety and Motor
  316  Vehicles, who must represent the Division of Motor Vehicles; two
  317  representatives of the independent motor vehicle industry as
  318  recommended by the Florida Independent Automobile Dealers
  319  Association; two representatives of the franchise motor vehicle
  320  industry as recommended by the Florida Automobile Dealers
  321  Association; one representative of the auction motor vehicle
  322  industry who is from an auction chain and is recommended by a
  323  group affiliated with the National Auto Auction Association; one
  324  representative of the auction motor vehicle industry who is from
  325  an independent auction and is recommended by a group affiliated
  326  with the National Auto Auction Association; one representative
  327  from the Department of Revenue; a Florida tax collector
  328  representative recommended by the Florida Tax Collectors
  329  Association; one representative from the Better Business Bureau;
  330  one representative from the Department of Agriculture and
  331  Consumer Services, who must represent the Division of Consumer
  332  Services; and one representative of the insurance industry who
  333  writes motor vehicle dealer surety bonds.
  334         (b)1. The executive director shall appoint the following
  335  initial members to 1-year terms: one representative from the
  336  motor vehicle auction industry who represents an auction chain,
  337  one representative from the independent motor vehicle industry,
  338  one representative from the franchise motor vehicle industry,
  339  one representative from the Department of Revenue, one Florida
  340  tax collector, and one representative from the Better Business
  341  Bureau.
  342         2. The executive director shall appoint the following
  343  initial members to 2-year terms: one representative from the
  344  motor vehicle auction industry who represents an independent
  345  auction, one representative from the independent motor vehicle
  346  industry, one representative from the franchise motor vehicle
  347  industry, one representative from the Division of Consumer
  348  Services, one representative from the insurance industry, and
  349  one representative from the department Division of Motor
  350  Vehicles.
  351         3. As the initial terms expire, the executive director
  352  shall appoint successors from the same designated category for
  353  terms of 2 years. If renominated, a member may succeed himself
  354  or herself.
  355         4. The board shall appoint a chair and vice chair at its
  356  initial meeting and every 2 years thereafter.
  357         Section 38. Subsection (1) of section 320.771, Florida
  358  Statutes, is amended to read:
  359         320.771 License required of recreational vehicle dealers.—
  360         (1) DEFINITIONS.—As used in this section:
  361         (a) “Dealer” means any person engaged in the business of
  362  buying, selling, or dealing in recreational vehicles or offering
  363  or displaying recreational vehicles for sale. The term “dealer”
  364  includes a recreational vehicle broker. Any person who buys,
  365  sells, deals in, or offers or displays for sale, or who acts as
  366  the agent for the sale of, one or more recreational vehicles in
  367  any 12-month period shall be prima facie presumed to be a
  368  dealer. The terms “selling” and “sale” include lease-purchase
  369  transactions. The term “dealer” does not include banks, credit
  370  unions, and finance companies that acquire recreational vehicles
  371  as an incident to their regular business and does not include
  372  mobile home rental and leasing companies that sell recreational
  373  vehicles to dealers licensed under this section. A licensed
  374  dealer may transact business in recreational vehicles with a
  375  motor vehicle auction as defined in s. 320.27(1)(c)4. Further, a
  376  licensed dealer may, at retail or wholesale, sell a motor
  377  vehicle, as described in s. 320.01(1)(a), acquired in exchange
  378  for the sale of a recreational vehicle, if such acquisition is
  379  incidental to the principal business of being a recreational
  380  vehicle dealer. However, a recreational vehicle dealer may not
  381  buy a motor vehicle for the purpose of resale unless licensed as
  382  a motor vehicle dealer pursuant to s. 320.27.
  383         (b) “Recreational vehicle broker” means any person who is
  384  engaged in the business of offering to procure or procuring used
  385  recreational vehicles for the general public; who holds himself
  386  or herself out through solicitation, advertisement, or otherwise
  387  as one who offers to procure or procures used recreational
  388  vehicles for the general public; or who acts as the agent or
  389  intermediary on behalf of the owner or seller of a used
  390  recreational vehicle which is for sale or who assists or
  391  represents the seller in finding a buyer for the recreational
  392  vehicle.
  393         (c) For the purposes of this section, the term
  394  “recreational vehicle” does not include any camping trailer, as
  395  defined in s. 320.01(1)(b)2.
  396         (d) A dealer may apply for a certificate of title to a
  397  recreational vehicle required to be registered under s.
  398  320.08(9) using a manufacturer’s statement of origin as
  399  permitted by s. 319.23(1) only if such dealer is authorized by a
  400  manufacturer/dealer agreement as defined in s. 320.3202(8) on
  401  file with the department to buy, sell, or deal in that
  402  particular line-make of recreational vehicle and is authorized
  403  by such agreement to perform delivery and preparation
  404  obligations and warranty defect adjustments on that line-make.
  405         Section 39. Section 320.95, Florida Statutes, is amended to
  406  read:
  407         320.95 Transactions by electronic or telephonic means.—
  408         (1) The department may is authorized to accept any
  409  application provided for under this chapter by electronic or
  410  telephonic means.
  411         (2) The department may collect and use electronic mail
  412  addresses for the purpose of providing renewal notices in lieu
  413  of the United States Postal Service.
  414         Section 40. Section 321.02, Florida Statutes, is amended to
  415  read:
  416         321.02 Powers and duties of department, highway patrol.—The
  417  director of the Division of Highway Patrol of the Department of
  418  Highway Safety and Motor Vehicles shall be designated the
  419  Colonel also be the commander of the Florida Highway Patrol. The
  420  said department shall set up and promulgate rules and
  421  regulations by which the personnel of the Florida Highway Patrol
  422  officers shall be examined, employed, trained, located,
  423  suspended, reduced in rank, discharged, recruited, paid and
  424  pensioned, subject to civil service provisions hereafter set
  425  out. The department may enter into contracts or agreements, with
  426  or without competitive bidding or procurement, to make
  427  available, on a fair, reasonable, nonexclusive, and
  428  nondiscriminatory basis, property and other structures under
  429  division control for the placement of new facilities by any
  430  wireless provider of mobile service as defined in 47 U.S.C. s.
  431  153(27) or s. 332(d), and any telecommunications company as
  432  defined in s. 364.02 when it is determined to be practical and
  433  feasible to make such property or other structures available.
  434  The department may, without adopting a rule, charge a just,
  435  reasonable, and nondiscriminatory fee for placement of the
  436  facilities, payable annually, based on the fair market value of
  437  space used by comparable communications facilities in the state.
  438  The department and a wireless provider or telecommunications
  439  company may negotiate the reduction or elimination of a fee in
  440  consideration of services provided to the division by the
  441  wireless provider or the telecommunications company. All such
  442  fees collected by the department shall be deposited directly
  443  into the State Agency Law Enforcement Radio System Trust Fund,
  444  and may be used to construct, maintain, or support the system.
  445  The department is further specifically authorized to purchase,
  446  sell, trade, rent, lease and maintain all necessary equipment,
  447  uniforms, motor vehicles, communication systems, housing
  448  facilities, office space, and perform any other acts necessary
  449  for the proper administration and enforcement of this chapter.
  450  However, all supplies and equipment consisting of single items
  451  or in lots shall be purchased under the requirements of s.
  452  287.057. Purchases shall be made by accepting the bid of the
  453  lowest responsive bidder, the right being reserved to reject all
  454  bids. The department shall prescribe a distinctive uniform and
  455  distinctive emblem to be worn by all officers of the Florida
  456  Highway Patrol. It shall be unlawful for any other person or
  457  persons to wear a similar uniform or emblem, or any part or
  458  parts thereof. The department shall also prescribe distinctive
  459  colors for use on motor vehicles and motorcycles operated by the
  460  Florida Highway Patrol. The prescribed colors shall be referred
  461  to as “Florida Highway Patrol black and tan.”
  462         Section 41. Subsection (3) of section 322.02, Florida
  463  Statutes, is amended to read:
  464         322.02 Legislative intent; administration.—
  465         (3) The department shall employ a director, who is charged
  466  with the duty of serving as the executive officer of the
  467  Division of Motorist Services within Driver Licenses of the
  468  department insofar as the administration of this chapter is
  469  concerned. He or she shall be subject to the supervision and
  470  direction of the department, and his or her official actions and
  471  decisions as executive officer shall be conclusive unless the
  472  same are superseded or reversed by the department or by a court
  473  of competent jurisdiction.
  474         Section 42. Subsection (1) of section 322.04, Florida
  475  Statutes, is amended to read:
  476         322.04 Persons exempt from obtaining driver’s license.—
  477         (1) The following persons are exempt from obtaining a
  478  driver’s license:
  479         (a) Any employee of the United States Government, while
  480  operating a noncommercial motor vehicle owned by or leased to
  481  the United States Government and being operated on official
  482  business.
  483         (b) Any person while driving or operating any road machine,
  484  farm tractor, or implement of husbandry temporarily operated or
  485  moved on a highway.
  486         (c) A nonresident who is at least 16 years of age and who
  487  has in his or her immediate possession a valid noncommercial
  488  driver’s license issued to the nonresident in his or her home
  489  state or country, may operate a motor vehicle of the type for
  490  which a Class E driver’s license is required in this state if he
  491  or she has in their immediate possession:
  492         1. A valid noncommercial driver’s license issued in his or
  493  her name from another state or territory of the United States;
  494  or
  495         2. An International Driving Permit issued in his or her
  496  name by their country of residence.
  497         (d) A nonresident who is at least 18 years of age and who
  498  has in his or her immediate possession a valid noncommercial
  499  driver’s license issued to the nonresident in his or her home
  500  state or country may operate a motor vehicle, other than a
  501  commercial motor vehicle, in this state.
  502         (d)(e) Any person operating a golf cart, as defined in s.
  503  320.01, which is operated in accordance with the provisions of
  504  s. 316.212.
  505         Section 43. Paragraph (a) of subsection (1) of section
  506  322.051, Florida Statutes, is amended, and subsection (9) is
  507  added to that section, to read:
  508         322.051 Identification cards.—
  509         (1) Any person who is 5 years of age or older, or any
  510  person who has a disability, regardless of age, who applies for
  511  a disabled parking permit under s. 320.0848, may be issued an
  512  identification card by the department upon completion of an
  513  application and payment of an application fee.
  514         (a) Each such application shall include the following
  515  information regarding the applicant:
  516         1. Full name (first, middle or maiden, and last), gender,
  517  proof of social security card number satisfactory to the
  518  department, county of residence, mailing address, proof of
  519  residential address satisfactory to the department, country of
  520  birth, and a brief description.
  521         2. Proof of birth date satisfactory to the department.
  522         3. Proof of identity satisfactory to the department. Such
  523  proof must include one of the following documents issued to the
  524  applicant:
  525         a. A driver’s license record or identification card record
  526  from another jurisdiction that required the applicant to submit
  527  a document for identification which is substantially similar to
  528  a document required under sub-subparagraph b., sub-subparagraph
  529  c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
  530  f., sub-subparagraph g., or sub-subparagraph h.;
  531         b. A certified copy of a United States birth certificate;
  532         c. A valid, unexpired United States passport;
  533         d. A naturalization certificate issued by the United States
  534  Department of Homeland Security;
  535         e. A valid, unexpired alien registration receipt card
  536  (green card);
  537         f. A Consular Report of Birth Abroad provided by the United
  538  States Department of State;
  539         g. An unexpired employment authorization card issued by the
  540  United States Department of Homeland Security; or
  541         h. Proof of nonimmigrant classification provided by the
  542  United States Department of Homeland Security, for an original
  543  identification card. In order to prove such nonimmigrant
  544  classification, applicants must provide at least one of may
  545  produce but are not limited to the following documents, and, in
  546  addition, the department may require other documents for the
  547  sole purpose of establishing the maintenance of or efforts to
  548  maintain continuous lawful presence:
  549         (I) A notice of hearing from an immigration court
  550  scheduling a hearing on any proceeding.
  551         (II) A notice from the Board of Immigration Appeals
  552  acknowledging pendency of an appeal.
  553         (III) Notice of the approval of an application for
  554  adjustment of status issued by the United States Bureau of
  555  Citizenship and Immigration Services.
  556         (IV) Any official documentation confirming the filing of a
  557  petition for asylum or refugee status or any other relief issued
  558  by the United States Bureau of Citizenship and Immigration
  559  Services.
  560         (V) Notice of action transferring any pending matter from
  561  another jurisdiction to Florida, issued by the United States
  562  Bureau of Citizenship and Immigration Services.
  563         (VI) Order of an immigration judge or immigration officer
  564  granting any relief that authorizes the alien to live and work
  565  in the United States including, but not limited to asylum.
  566         (VII) Evidence that an application is pending for
  567  adjustment of status to that of an alien lawfully admitted for
  568  permanent residence in the United States or conditional
  569  permanent resident status in the United States, if a visa number
  570  is available having a current priority date for processing by
  571  the United States Bureau of Citizenship and Immigration
  572  Services.
  573         (VIII) On or after January 1, 2010, an unexpired foreign
  574  passport with an unexpired United States Visa affixed,
  575  accompanied by an approved I-94, documenting the most recent
  576  admittance into the United States.
  577  
  578  An identification card issued based on documents required
  579  Presentation of any of the documents described in sub
  580  subparagraph g. or sub-subparagraph h. is valid entitles the
  581  applicant to an identification card for a period not to exceed
  582  the expiration date of the document presented or 1 year,
  583  whichever first occurs.
  584         (9) Notwithstanding any other provision of this section or
  585  s. 322.21 to the contrary, the department shall issue or renew a
  586  card at no charge to a person who presents good cause for a fee
  587  waiver.
  588         Section 44. Subsection (4) of section 322.058, Florida
  589  Statutes, is amended to read:
  590         322.058 Suspension of driving privileges due to support
  591  delinquency; reinstatement.—
  592         (4) This section applies only to the annual renewal in the
  593  owner’s birth month of a motor vehicle registration and does not
  594  apply to the transfer of a registration of a motor vehicle sold
  595  by a motor vehicle dealer licensed under chapter 320, except for
  596  the transfer of registrations which is inclusive of the annual
  597  renewals. This section does not affect the issuance of the title
  598  to a motor vehicle, notwithstanding s. 319.23(8)(b)
  599  319.23(7)(b).
  600         Section 45. Section 322.065, Florida Statutes, is amended
  601  to read:
  602         322.065 Driver’s license expired for 6 4 months or less;
  603  penalties.—Any person whose driver’s license has been expired
  604  for 6 4 months or less and who drives a motor vehicle upon the
  605  highways of this state commits is guilty of an infraction and is
  606  subject to the penalty provided in s. 318.18.
  607         Section 46. Subsection (3) of section 322.07, Florida
  608  Statutes, is amended to read:
  609         322.07 Instruction permits and temporary licenses.—
  610         (3) Any person who, except for his or her lack of
  611  instruction in operating a commercial motor vehicle, would
  612  otherwise be qualified to obtain a commercial driver’s license
  613  under this chapter, may apply for a temporary commercial
  614  instruction permit. The department shall issue such a permit
  615  entitling the applicant, while having the permit in his or her
  616  immediate possession, to drive a commercial motor vehicle on the
  617  highways, provided that:
  618         (a) The applicant possesses a valid Florida driver’s
  619  license issued in any state; and
  620         (b) The applicant, while operating a commercial motor
  621  vehicle, is accompanied by a licensed driver who is 21 years of
  622  age or older, who is licensed to operate the class of vehicle
  623  being operated, and who is actually occupying the closest seat
  624  to the right of the driver.
  625         Section 47. Subsection (2) of section 322.08, Florida
  626  Statutes, is amended, paragraphs (o) and (p) are added to
  627  subsection (7) of that section, and subsection (8) is added to
  628  that section, to read:
  629         322.08 Application for license; requirements for license
  630  and identification card forms.—
  631         (2) Each such application shall include the following
  632  information regarding the applicant:
  633         (a) Full name (first, middle or maiden, and last), gender,
  634  proof of social security card number satisfactory to the
  635  department, county of residence, mailing address, proof of
  636  residential address satisfactory to the department, country of
  637  birth, and a brief description.
  638         (b) Proof of birth date satisfactory to the department.
  639         (c) Proof of identity satisfactory to the department. Such
  640  proof must include one of the following documents issued to the
  641  applicant:
  642         1. A driver’s license record or identification card record
  643  from another jurisdiction that required the applicant to submit
  644  a document for identification which is substantially similar to
  645  a document required under subparagraph 2., subparagraph 3.,
  646  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
  647  7., or subparagraph 8.;
  648         2. A certified copy of a United States birth certificate;
  649         3. A valid, unexpired United States passport;
  650         4. A naturalization certificate issued by the United States
  651  Department of Homeland Security;
  652         5. A valid, unexpired alien registration receipt card
  653  (green card);
  654         6. A Consular Report of Birth Abroad provided by the United
  655  States Department of State;
  656         7. An unexpired employment authorization card issued by the
  657  United States Department of Homeland Security; or
  658         8. Proof of nonimmigrant classification provided by the
  659  United States Department of Homeland Security, for an original
  660  driver’s license. In order to prove nonimmigrant classification,
  661  an applicant must provide at least one of the following
  662  documents; in addition, the department may require other
  663  documents for the sole purpose of establishing the maintenance
  664  of or efforts to maintain continuous lawful presence may produce
  665  the following documents, including, but not limited to:
  666         a. A notice of hearing from an immigration court scheduling
  667  a hearing on any proceeding.
  668         b. A notice from the Board of Immigration Appeals
  669  acknowledging pendency of an appeal.
  670         c. A notice of the approval of an application for
  671  adjustment of status issued by the United States Bureau of
  672  Citizenship and Immigration Services.
  673         d. Any official documentation confirming the filing of a
  674  petition for asylum or refugee status or any other relief issued
  675  by the United States Bureau of Citizenship and Immigration
  676  Services.
  677         e. A notice of action transferring any pending matter from
  678  another jurisdiction to this state issued by the United States
  679  Bureau of Citizenship and Immigration Services.
  680         f. An order of an immigration judge or immigration officer
  681  granting any relief that authorizes the alien to live and work
  682  in the United States, including, but not limited to, asylum.
  683         g. Evidence that an application is pending for adjustment
  684  of status to that of an alien lawfully admitted for permanent
  685  residence in the United States or conditional permanent resident
  686  status in the United States, if a visa number is available
  687  having a current priority date for processing by the United
  688  States Bureau of Citizenship and Immigration Services.
  689         h. On or after January 1, 2010, an unexpired foreign
  690  passport with an unexpired United States Visa affixed,
  691  accompanied by an approved I-94, documenting the most recent
  692  admittance into the United States.
  693  
  694  A driver’s license or temporary permit issued based on documents
  695  required Presentation of any of the documents in subparagraph 7.
  696  or subparagraph 8. is valid entitles the applicant to a driver’s
  697  license or temporary permit for a period not to exceed the
  698  expiration date of the document presented or 1 year, whichever
  699  occurs first.
  700         (d) Whether the applicant has previously been licensed to
  701  drive, and, if so, when and by what state, and whether any such
  702  license or driving privilege has ever been disqualified,
  703  revoked, or suspended, or whether an application has ever been
  704  refused, and, if so, the date of and reason for such
  705  disqualification, suspension, revocation, or refusal.
  706         (e) Each such application may include fingerprints and
  707  other unique biometric means of identity.
  708         (7) The application form for an original, renewal, or
  709  replacement driver’s license or identification card shall
  710  include language permitting the following:
  711         (o) A voluntary contribution of $1 per applicant for Autism
  712  Services and Supports. Such contributions must be transferred by
  713  the department each month to the Achievement and Rehabilitation
  714  Centers, Inc., Autism Services Fund.
  715         (p) A voluntary contribution of $1 per applicant for
  716  Support Our Troops. Such contributions must be transferred by
  717  the department each month to Support Our Troops, Inc.
  718  
  719  A statement providing an explanation of the purpose of the trust
  720  funds shall also be included. For the purpose of applying the
  721  service charge provided in s. 215.20, contributions received
  722  under paragraphs (b)-(n) are not income of a revenue nature.
  723         (8) The department may collect and use electronic mail
  724  addresses for the purpose of providing renewal notices in lieu
  725  of the United State Postal Service.
  726  
  727  ================= T I T L E  A M E N D M E N T ================
  728         And the title is amended as follows:
  729         Delete lines 92 - 158
  730  and insert:
  731         Hunger in Florida, Autism Services and Supports, and
  732         Support Our Troops; requiring that the department
  733         retain certain records for a specified period;
  734         amending s. 320.023, F.S.; authorizing the department
  735         to retain certain proceeds derived from the voluntary
  736         contributions program to cover certain specified costs
  737         to the department; amending s. 320.03, F.S., relating
  738         to the International Registration Plan; conforming
  739         provisions to changes made by the act; amending s.
  740         320.05, F.S.; deleting a provision requiring that the
  741         department provide a procedures manual for a fee;
  742         clarifying that the creation and maintenance of
  743         records by the Division of Motorist Services is not a
  744         law enforcement function of agency recordkeeping;
  745         amending s. 320.06, F.S.; authorizing the department
  746         to conduct a pilot program to evaluate alternative
  747         license plate technologies for use on government-owned
  748         motor vehicles; specifying that all license plates
  749         issued by the department are the property of the
  750         state; amending s. 320.061, F.S.; providing that it is
  751         a noncriminal traffic infraction to alter a temporary
  752         license plate; amending s. 320.071, F.S.; providing
  753         for the renewal of registration for an apportionable
  754         vehicle that is registered under the International
  755         Registration Plan; amending s. 320.0715, F.S.;
  756         clarifying provisions requiring the registration of
  757         apportionable vehicles under the International
  758         Registration Plan; amending s. 320.08, F.S., relating
  759         to license taxes; conforming cross-references;
  760         amending s. 320.0847, F.S., relating to license plates
  761         for mini trucks and low-speed vehicles; conforming
  762         cross-references; amending s. 320.0848, F.S.; revising
  763         the requirements for the deposit of fee proceeds from
  764         temporary disabled parking permits; amending s.
  765         320.275, F.S., relating to the Automobile Dealers
  766         Industry Advisory Board; conforming provisions to the
  767         elimination of the Division of Motor Vehicles within
  768         the department; amending s. 320.771, F.S.; specifying
  769         circumstances under which certain dealers may apply
  770         for a certificate of title to a recreational vehicle
  771         using a manufacturer’s statement of origin; amending
  772         s. 320.95, F.S.; authorizing the department to use
  773         electronic mail addresses for the purpose of providing
  774         license renewal notices; amending s. 321.02, F.S.;
  775         designating the director of the Division of Highway
  776         Patrol of the department as the Colonel of the Florida
  777         Highway Patrol; amending s. 322.02, F.S.; providing
  778         for a director of the Division of Motorist Services;
  779         amending s. 322.04, F.S.; revising provisions
  780         exempting a nonresident from the requirement to obtain
  781         a driver’s license under certain circumstances;
  782         amending s. 322.051, F.S.; revising requirements by
  783         which an applicant for an identification card may
  784         prove nonimmigrant classification; clarifying the
  785         validity of an identification card based on specified
  786         documents; providing for the department to waive the
  787         fees for issuing or renewing an identification card to
  788         persons who present good cause for such waiver;
  789         amending s. 322.058, F.S.; conforming a cross
  790         reference; amending s. 322.065, F.S.; revising the
  791         period of expiration that constitutes the offense of
  792         driving with an expired driver’s license; amending s.
  793         322.07, F.S.; clarifying the qualifications for
  794         obtaining a temporary commercial instruction permit;
  795         amending s. 322.08, F.S.; revising requirements by
  796         which an applicant for a driver’s license may prove
  797         nonimmigrant classification; clarifying the validity
  798         of a license based on specified documents; providing
  799         for driver’s license application forms to allow the
  800         applicant to make a voluntary contribution to Autism
  801         Services and Supports and Support Our Troops;
  802         authorizing