HB 1353

1	A bill to be entitled
2	An act relating to the Department of Highway Safety and
3	Motor Vehicles; amending s. 20.24, F.S.; specifying that
4	the executive director of the department serves at the
5	pleasure of the Governor and Cabinet; creating a Division
6	of Motorist Services within the department; eliminating
7	the Division of Driver Licenses and the Division of Motor
8	Vehicles; amending s. 261.03, F.S.; conforming cross-
9	references; amending s. 288.816, F.S., relating to Consul
10	Corps license plates; conforming a reference; amending s.
11	311.121, F.S., relating to membership of the Seaport
12	Security Officer Qualification, Training, and Standards
13	Coordinating Council; conforming provisions to changes
14	made by the act; reenacting s. 316.065(4), F.S., relating
15	to crash reports, to incorporate changes made to s.
16	316.066, F.S., by chapter 2010-163, Laws of Florida;
17	amending s. 316.1933, F.S.; authorizing a health care
18	provider to notify a law enforcement agency after
19	detecting the presence of a controlled substance in the
20	blood of a person injured in a motor vehicle crash;
21	amending s. 316.1957, F.S., relating to parking
22	violations; conforming a reference; amending s. 316.2085,
23	F.S.; requiring the license tag of a motorcycle or moped
24	to remain clearly visible from the rear; prohibiting
25	deliberate acts to conceal or obscure the tag; amending
26	ss. 316.2122, 316.2124, 316.21265, 316.3026, and 316.550,
27	F.S., relating to the operation of low-speed vehicles,
28	motorized disability access vehicles, and all-terrain or
29	utility vehicles, the unlawful operation of motor
30	carriers, and special permits, respectively; conforming
31	cross-references; amending s. 316.545, F.S.; providing for
32	the regulation of apportionable vehicles; amending s.
33	316.646, F.S.; authorizing the department to suspend the
34	motor vehicle registrations and driver's license of a
35	person convicted of failing to maintain the required
36	security while operating a private passenger motor
37	vehicle; amending s. 317.0003, F.S., relating to off-
38	highway vehicles; conforming a cross-reference; amending
39	s. 317.0016, F.S.; eliminating a requirement that the
40	department provide expedited service for certificates of
41	repossession; amending s. 318.14, F.S.; clarifying
42	provisions authorizing a person cited for a noncriminal
43	traffic infraction to elect to attend a driver improvement
44	course or enter a plea of nolo contendere; amending s.
45	318.15, F.S., relating to the suspension of driving
46	privileges; conforming a reference; amending s. 319.14,
47	F.S.; prohibiting a person from knowingly offering for
48	sale, selling, or exchanging certain vehicles unless the
49	department has stamped in a conspicuous place on the
50	certificate of title words stating that the vehicle is a
51	custom vehicle or street rod vehicle; defining the terms
52	"custom vehicle" and "street rod"; providing requirements
53	for inspection and issuance of a rebuilt title; amending
54	s. 319.225, F.S.; revising provisions for vehicle
55	certificates of title; revising requirements for the
56	transfer and reassignment forms for vehicles; revising
57	dealer submission requirements; requiring a dealer selling
58	a vehicle out of state to mail a copy of the power of
59	attorney form to the department; providing for the
60	electronic transfer of a vehicle title; amending s.
61	319.28, F.S.; eliminating certain requirements that a
62	lienholder obtain a certificate of repossession following
63	repossession of a vehicle or mobile home; amending s.
64	319.323, F.S., relating to title offices for expedited
65	service; conforming provisions to changes made by the act;
66	amending s. 319.40, F.S.; authorizing the department to
67	issue electronic certificates of title and use electronic
68	mail addresses for purposes of notification; amending s.
69	320.01, F.S.; deleting an obsolete definition; revising
70	the gross vehicle weight for purposes of defining the
71	terms "apportionable vehicle" and "commercial motor
72	vehicle"; amending s. 320.02, F.S.; providing that an
73	active-duty military member is exempt from the requirement
74	to provide an address on an application for vehicle
75	registration; requiring that a Florida driver's license or
76	identification card be changed following a change of
77	residence or mailing address before the vehicle
78	registration is changed; requiring that the department
79	retain certain records for a specified period; amending s.
80	320.023, F.S.; authorizing the department to retain
81	certain proceeds derived from the voluntary contributions
82	program to cover certain specified costs to the
83	department; amending s. 320.03, F.S., relating to the
84	International Registration Plan; conforming provisions to
85	changes made by the act; amending s. 320.05, F.S.;
86	deleting a provision requiring that the department provide
87	a procedures manual for a fee; clarifying that the
88	creation and maintenance of records by the Division of
89	Motorist Services is not a law enforcement function of
90	agency recordkeeping; amending s. 320.06, F.S.;
91	authorizing the department to conduct a pilot program to
92	evaluate alternative license plate technologies for use on
93	government-owned motor vehicles; exempting plates in the
94	pilot program from specified license plate design and
95	construction requirements; specifying that all license
96	plates issued by the department are the property of the
97	state; amending s. 320.061, F.S.; providing that it is a
98	noncriminal traffic infraction to alter a temporary
99	license plate; amending s. 320.071, F.S.; providing for
100	the renewal of registration for an apportionable vehicle
101	that is registered under the International Registration
102	Plan; amending s. 320.0715, F.S.; clarifying provisions
103	requiring the registration of apportionable vehicles under
104	the International Registration Plan; amending s. 320.08,
105	F.S., relating to license taxes; conforming cross-
106	references; amending s. 320.0847, F.S., relating to
107	license plates for mini trucks and low-speed vehicles;
108	conforming cross-references; amending s. 320.0848, F.S.;
109	revising the requirements for the deposit of fee proceeds
110	from temporary disabled parking permits; amending s.
111	320.275, F.S., relating to the Automobile Dealers Industry
112	Advisory Board; conforming provisions to the elimination
113	of the Division of Motor Vehicles within the department;
114	amending s. 320.95, F.S.; authorizing the department to
115	use electronic mail addresses for the purpose of providing
116	license renewal notices; amending s. 321.02, F.S.;
117	designating the director of the Division of Highway Patrol
118	of the department as the Colonel of the Florida Highway
119	Patrol; amending s. 322.02, F.S.; providing for a director
120	of the Division of Motorist Services; amending s. 322.04,
121	F.S.; revising provisions exempting a nonresident from the
122	requirement to obtain a driver's license under certain
123	circumstances; amending s. 322.051, F.S.; revising
124	requirements by which an applicant for an identification
125	card may prove nonimmigrant classification; clarifying the
126	validity of an identification card based on specified
127	documents; amending s. 322.065, F.S.; revising the period
128	of expiration that constitutes the offense of driving with
129	an expired driver's license; amending s. 322.07, F.S.;
130	revising qualifications for obtaining a temporary
131	commercial instruction permit; amending s. 322.08, F.S.;
132	revising requirements by which an applicant for a driver's
133	license may prove nonimmigrant classification; clarifying
134	the validity of a license based on specified documents;
135	authorizing the department to use electronic mail
136	addresses for the purposes of providing license renewal
137	notices; amending s. 322.081, F.S.; authorizing the
138	department to retain certain proceeds derived from the
139	voluntary contributions made on driver's license
140	applications to cover certain specified costs to the
141	department; amending s. 322.12, F.S.; deleting provisions
142	requiring a separate examination for applicants for a
143	license to operate a motorcycle; requiring that the
144	motorcycle safety course for a first-time applicant
145	include a final examination; requiring that completion of
146	the course be indicated on the license; amending s.
147	322.121, F.S.; clarifying provisions authorizing the
148	automatic extension of a license for members of the Armed
149	Forces or their dependents while serving on active duty
150	outside the state; amending s. 322.14, F.S.; deleting a
151	requirement that applicants for specified licenses appear
152	in person for issuance of a color photographic or digital
153	imaged driver's license; providing for the department to
154	suspend a person's driver's license for violating certain
155	restrictions on his or her authorization to drive;
156	amending s. 322.20, F.S., relating to department records;
157	conforming provisions to changes made by the act; amending
158	s. 322.202, F.S.; clarifying that the Division of Motorist
159	Services is not a law enforcement agency; amending s.
160	322.21, F.S.; conforming provisions to changes made by the
161	act; authorizing a driver to renew his or her driver's
162	license during a specified period before the license
163	expiration date; amending s. 322.22, F.S.; clarifying
164	provisions authorizing the department to cancel a driver's
165	license; authorizing the department to cancel a license
166	upon determining that the licensee is not entitled to the
167	license; amending s. 322.53, F.S.; revising provisions
168	exempting certain farmers and drivers who operate straight
169	trucks from the requirement to obtain a commercial
170	driver's license; amending s. 322.54, F.S.; requiring that
171	the weight of a commercial motor vehicle be based on the
172	vehicle's actual weight under certain circumstances;
173	repealing s. 322.58, F.S., relating to holders of
174	chauffeur's licenses; amending s. 322.59, F.S.; requiring
175	that the department disqualify a driver holding a
176	commercial driver's license who fails to comply with
177	specified federal certification requirements; amending s.
178	322.61, F.S.; providing that the holder of a commercial
179	driver's license is permanently disqualified from
180	operating a commercial motor vehicle following two
181	violations of specified offenses committed while operating
182	any vehicle; amending s. 322.64, F.S.; providing that a
183	notice of disqualification from operating a commercial
184	motor vehicle acts as a conviction for purposes of certain
185	federal restrictions imposed for the offense of operating
186	a commercial motor vehicle while under the influence of
187	alcohol; deleting provisions authorizing the department to
188	impose certain alternative restrictions for such offense;
189	amending s. 328.30, F.S.; authorizing the department to
190	issue electronic certificates of title for vessels and use
191	electronic mail addresses for purposes of providing
192	renewal notices; amending s. 413.012, F.S., relating to a
193	prohibition on disclosing confidential records held by the
194	department; conforming provisions to changes made by the
195	act; providing effective dates.
196
197	Be It Enacted by the Legislature of the State of Florida:
198
199	Section 1.  Section 20.24, Florida Statutes, is amended to
200	read:
201	20.24  Department of Highway Safety and Motor Vehicles.-
202	There is created a Department of Highway Safety and Motor
203	Vehicles.
204	(1)  The head of the Department of Highway Safety and Motor
205	Vehicles is the Governor and Cabinet. An executive director
206	shall serve at the pleasure of the Governor and Cabinet. The
207	executive director may establish a command, operational, and
208	administrative services structure to assist, manage, and support
209	the department in operating programs and delivering services.
210	(2)  The following divisions, and bureaus within the
211	divisions, of the Department of Highway Safety and Motor
212	Vehicles are established:
213	(a)  Division of the Florida Highway Patrol.
214	(b)  Division of Motorist Services.
215	(b)  Division of Driver Licenses.
216	(c)  Division of Motor Vehicles.
217	Section 2.  Subsection (9) of section 261.03, Florida
218	Statutes, is amended to read:
219	261.03  Definitions.-As used in this chapter, the term:
220	(9)  "ROV" means any motorized recreational off-highway
221	vehicle 64 inches or less in width, having a dry weight of 2,000
222	pounds or less, designed to travel on four or more nonhighway
223	tires, having nonstraddle seating and a steering wheel, and
224	manufactured for recreational use by one or more persons. The
225	term "ROV" does not include a golf cart as defined in ss.
226	320.01(22) and 316.003(68) or a low-speed vehicle as defined in
227	s. 320.01(42).
228	Section 3.  Paragraph (e) of subsection (2) of section
229	288.816, Florida Statutes, is amended to read:
230	288.816  Intergovernmental relations.-
231	(2)  The Office of Tourism, Trade, and Economic Development
232	shall be responsible for all consular relations between the
233	state and all foreign governments doing business in Florida. The
234	office shall monitor United States laws and directives to ensure
235	that all federal treaties regarding foreign privileges and
236	immunities are properly observed. The office shall promulgate
237	rules which shall:
238	(e)  Verify entitlement to issuance of special motor
239	vehicle license plates by the Division of Motor Vehicles of the
240	Department of Highway Safety and Motor Vehicles to honorary
241	consuls or such other officials representing foreign governments
242	who are not entitled to issuance of special Consul Corps license
243	plates by the United States Government.
244	Section 4.  Paragraph (a) of subsection (3) of section
245	311.121, Florida Statutes, is amended to read:
246	311.121  Qualifications, training, and certification of
247	licensed security officers at Florida seaports.-
248	(3)  The Seaport Security Officer Qualification, Training,
249	and Standards Coordinating Council is created under the
250	Department of Law Enforcement.
251	(a)  The executive director of the Department of Law
252	Enforcement shall appoint 11 members to the council, to include:
253	1.  The seaport administrator of the Department of Law
254	Enforcement.
255	2.  The Commissioner of Education or his or her designee.
256	3.  The director of the Division of Licensing of the
257	Department of Agriculture and Consumer Services.
258	4.  The administrator of the Florida Seaport Transportation
259	and Economic Development Council.
260	5.  Two seaport security directors from seaports designated
261	under s. 311.09.
262	6.  One director of a state law enforcement academy.
263	7.  One representative of a local law enforcement agency.
264	8.  Two representatives of contract security services.
265	9.  One representative of the Division of Driver Licenses
266	of the Department of Highway Safety and Motor Vehicles.
267	Section 5.  For the purpose of incorporating the amendment
268	made by chapter 2010-163, Laws of Florida, to section 316.066,
269	Florida Statutes, in a reference thereto, subsection (4) of
270	section 316.065, Florida Statutes, is reenacted retroactive to
271	July 1, 2010, to read:
272	316.065  Crashes; reports; penalties.-
273	(4)  Any person who knowingly repairs a motor vehicle
274	without having made a report as required by subsection (3) is
275	guilty of a misdemeanor of the first degree, punishable as
276	provided in s. 775.082 or s. 775.083. The owner and driver of a
277	vehicle involved in a crash who makes a report thereof in
278	accordance with subsection (1) or s. 316.066(1) is not liable
279	under this section.
280	Section 6.  Subsection (1) of section 316.066, Florida
281	Statutes, as amended by chapter 2010-163, Laws of Florida,
282	reads:
283	316.066  Written reports of crashes.-
284	(1)(a)  A Florida Traffic Crash Report, Long Form is
285	required to be completed and submitted to the department within
286	10 days after completing an investigation by every law
287	enforcement officer who in the regular course of duty
288	investigates a motor vehicle crash:
289	1.  That resulted in death or personal injury.
290	2.  That involved a violation of s. 316.061(1) or s.
291	316.193.
292	3.  In which a vehicle was rendered inoperative to a degree
293	that required a wrecker to remove it from traffic, if such
294	action is appropriate, in the officer's discretion.
295	(b)  In every crash for which a Florida Traffic Crash
296	Report, Long Form is not required by this section, the law
297	enforcement officer may complete a short-form crash report or
298	provide a short-form crash report to be completed by each party
299	involved in the crash. The short-form report must include:
300	1.  The date, time, and location of the crash.
301	2.  A description of the vehicles involved.
302	3.  The names and addresses of the parties involved.
303	4.  The names and addresses of witnesses.
304	5.  The name, badge number, and law enforcement agency of
305	the officer investigating the crash.
306	6.  The names of the insurance companies for the respective
307	parties involved in the crash.
308	(c)  Each party to the crash shall provide the law
309	enforcement officer with proof of insurance to be included in
310	the crash report. If a law enforcement officer submits a report
311	on the accident, proof of insurance must be provided to the
312	officer by each party involved in the crash. Any party who fails
313	to provide the required information commits a noncriminal
314	traffic infraction, punishable as a nonmoving violation as
315	provided in chapter 318, unless the officer determines that due
316	to injuries or other special circumstances such insurance
317	information cannot be provided immediately. If the person
318	provides the law enforcement agency, within 24 hours after the
319	crash, proof of insurance that was valid at the time of the
320	crash, the law enforcement agency may void the citation.
321	(d)  The driver of a vehicle that was in any manner
322	involved in a crash resulting in damage to any vehicle or other
323	property in an amount of $500 or more, which crash was not
324	investigated by a law enforcement agency, shall, within 10 days
325	after the crash, submit a written report of the crash to the
326	department or traffic records center. The entity receiving the
327	report may require witnesses of crashes to render reports and
328	may require any driver of a vehicle involved in a crash of which
329	a written report must be made as provided in this section to
330	file supplemental written reports whenever the original report
331	is deemed insufficient by the receiving entity.
332	(e)  Short-form crash reports prepared by law enforcement
333	shall be maintained by the law enforcement officer's agency.
334	Section 7.  Paragraph (a) of subsection (2) of section
335	316.1933, Florida Statutes, is amended to read:
336	316.1933  Blood test for impairment or intoxication in
337	cases of death or serious bodily injury; right to use reasonable
338	force.-
339	(2)(a)  Only a physician, certified paramedic, registered
340	nurse, licensed practical nurse, other personnel authorized by a
341	hospital to draw blood, or duly licensed clinical laboratory
342	director, supervisor, technologist, or technician, acting at the
343	request of a law enforcement officer, may withdraw blood for the
344	purpose of determining the alcoholic content thereof or the
345	presence of chemical substances or controlled substances
346	therein. However, the failure of a law enforcement officer to
347	request the withdrawal of blood shall not affect the
348	admissibility of a test of blood withdrawn for medical purposes.
349	1.  Notwithstanding any provision of law pertaining to the
350	confidentiality of hospital records or other medical records, if
351	a health care provider, who is providing medical care in a
352	health care facility to a person injured in a motor vehicle
353	crash, becomes aware, as a result of any blood test performed in
354	the course of that medical treatment, that the person's blood-
355	alcohol level meets or exceeds the blood-alcohol level specified
356	in s. 316.193(1)(b), or detects the presence of a controlled
357	substance listed in chapter 893, the health care provider may
358	notify any law enforcement officer or law enforcement agency.
359	Any such notice must be given within a reasonable time after the
360	health care provider receives the test result. Any such notice
361	shall be used only for the purpose of providing the law
362	enforcement officer with reasonable cause to request the
363	withdrawal of a blood sample pursuant to this section.
364	2.  The notice shall consist only of the name of the person
365	being treated, the name of the person who drew the blood, the
366	blood-alcohol level indicated by the test, and the date and time
367	of the administration of the test.
368	3.  Nothing contained in s. 395.3025(4), s. 456.057, or any
369	applicable practice act affects the authority to provide notice
370	under this section, and the health care provider is not
371	considered to have breached any duty owed to the person under s.
372	395.3025(4), s. 456.057, or any applicable practice act by
373	providing notice or failing to provide notice. It shall not be a
374	breach of any ethical, moral, or legal duty for a health care
375	provider to provide notice or fail to provide notice.
376	4.  A civil, criminal, or administrative action may not be
377	brought against any person or health care provider participating
378	in good faith in the provision of notice or failure to provide
379	notice as provided in this section. Any person or health care
380	provider participating in the provision of notice or failure to
381	provide notice as provided in this section shall be immune from
382	any civil or criminal liability and from any professional
383	disciplinary action with respect to the provision of notice or
384	failure to provide notice under this section. Any such
385	participant has the same immunity with respect to participating
386	in any judicial proceedings resulting from the notice or failure
387	to provide notice.
388	Section 8.  Section 316.1957, Florida Statutes, is amended
389	to read:
390	316.1957  Parking violations; designated parking spaces for
391	persons who have disabilities.-When evidence is presented in any
392	court of the fact that any motor vehicle was parked in a
393	properly designated parking space for persons who have
394	disabilities in violation of s. 316.1955, it is prima facie
395	evidence that the vehicle was parked and left in the space by
396	the person, firm, or corporation in whose name the vehicle is
397	registered and licensed according to the records of the
398	department Division of Motor Vehicles.
399	Section 9.  Subsection (3) of section 316.2085, Florida
400	Statutes, is amended to read:
401	316.2085  Riding on motorcycles or mopeds.-
402	(3)  The license tag of a motorcycle or moped must be
403	permanently affixed to the vehicle and remain clearly visible
404	from the rear at all times may not be adjusted or capable of
405	being flipped up. Any deliberate act to conceal or obscure No
406	device for or method of concealing or obscuring the legibility
407	of the license tag of a motorcycle is prohibited shall be
408	installed or used. The license tag of a motorcycle or moped may
409	be affixed horizontally to the ground so that the numbers and
410	letters read from left to right. Alternatively, a license tag
411	for a motorcycle or moped for which the numbers and letters read
412	from top to bottom may be affixed perpendicularly to the ground,
413	provided that the registered owner of the motorcycle or moped
414	maintains a prepaid toll account in good standing and a
415	transponder associated with the prepaid toll account is affixed
416	to the motorcycle or moped.
417	Section 10.  Section 316.2122, Florida Statutes, is amended
418	to read:
419	316.2122  Operation of a low-speed vehicle or mini truck on
420	certain roadways.-The operation of a low-speed vehicle as
421	defined in s. 320.01(42) or a mini truck as defined in s.
422	320.01(45) on any road as defined in s. 334.03(15) or (33) is
423	authorized with the following restrictions:
424	(1)  A low-speed vehicle or mini truck may be operated only
425	on streets where the posted speed limit is 35 miles per hour or
426	less. This does not prohibit a low-speed vehicle or mini truck
427	from crossing a road or street at an intersection where the road
428	or street has a posted speed limit of more than 35 miles per
429	hour.
430	(2)  A low-speed vehicle must be equipped with headlamps,
431	stop lamps, turn signal lamps, taillamps, reflex reflectors,
432	parking brakes, rearview mirrors, windshields, seat belts, and
433	vehicle identification numbers.
434	(3)  A low-speed vehicle or mini truck must be registered
435	and insured in accordance with s. 320.02 and titled pursuant to
436	chapter 319.
437	(4)  Any person operating a low-speed vehicle or mini truck
438	must have in his or her possession a valid driver's license.
439	(5)  A county or municipality may prohibit the operation of
440	low-speed vehicles or mini trucks on any road under its
441	jurisdiction if the governing body of the county or municipality
442	determines that such prohibition is necessary in the interest of
443	safety.
444	(6)  The Department of Transportation may prohibit the
445	operation of low-speed vehicles or mini trucks on any road under
446	its jurisdiction if it determines that such prohibition is
447	necessary in the interest of safety.
448	Section 11.  Section 316.2124, Florida Statutes, is amended
449	to read:
450	316.2124  Motorized disability access vehicles.-The
451	Department of Highway Safety and Motor Vehicles is directed to
452	provide, by rule, for the regulation of motorized disability
453	access vehicles as described in s. 320.01(34). The department
454	shall provide that motorized disability access vehicles shall be
455	registered in the same manner as motorcycles and shall pay the
456	same registration fee as for a motorcycle. There shall also be
457	assessed, in addition to the registration fee, a $2.50 surcharge
458	for motorized disability access vehicles. This surcharge shall
459	be paid into the Highway Safety Operating Trust Fund. Motorized
460	disability access vehicles shall not be required to be titled by
461	the department. The department shall require motorized
462	disability access vehicles to be subject to the same safety
463	requirements as set forth in this chapter for motorcycles.
464	Section 12.  Subsection (1) of section 316.21265, Florida
465	Statutes, is amended to read:
466	316.21265  Use of all-terrain vehicles, golf carts, low-
467	speed vehicles, or utility vehicles by law enforcement
468	agencies.-
469	(1)  Notwithstanding any provision of law to the contrary,
470	any law enforcement agency in this state may operate all-terrain
471	vehicles as defined in s. 316.2074, golf carts as defined in s.
472	320.01(22), low-speed vehicles as defined in s. 320.01(42), or
473	utility vehicles as defined in s. 320.01(43) on any street,
474	road, or highway in this state while carrying out its official
475	duties.
476	Section 13.  Subsection (1) of section 316.3026, Florida
477	Statutes, is amended to read:
478	316.3026  Unlawful operation of motor carriers.-
479	(1)  The Office of Motor Carrier Compliance of the
480	Department of Transportation may issue out-of-service orders to
481	motor carriers, as defined in s. 320.01(33), who have after
482	proper notice failed to pay any penalty or fine assessed by the
483	department, or its agent, against any owner or motor carrier for
484	violations of state law, refused to submit to a compliance
485	review and provide records pursuant to s. 316.302(5) or s.
486	316.70, or violated safety regulations pursuant to s. 316.302 or
487	insurance requirements found in s. 627.7415. Such out-of-service
488	orders shall have the effect of prohibiting the operations of
489	any motor vehicles owned, leased, or otherwise operated by the
490	motor carrier upon the roadways of this state, until such time
491	as the violations have been corrected or penalties have been
492	paid. Out-of-service orders issued under this section must be
493	approved by the Secretary of Transportation or his or her
494	designee. An administrative hearing pursuant to s. 120.569 shall
495	be afforded to motor carriers subject to such orders.
496	Section 14.  Subsection (3) of section 316.545, Florida
497	Statutes, is amended to read:
498	316.545  Weight and load unlawful; special fuel and motor
499	fuel tax enforcement; inspection; penalty; review.-
500	(3)  Any person who violates the overloading provisions of
501	this chapter shall be conclusively presumed to have damaged the
502	highways of this state by reason of such overloading, which
503	damage is hereby fixed as follows:
504	(a)  When the excess weight is 200 pounds or less than the
505	maximum herein provided, the penalty shall be $10;
506	(b)  Five cents per pound for each pound of weight in
507	excess of the maximum herein provided when the excess weight
508	exceeds 200 pounds. However, whenever the gross weight of the
509	vehicle or combination of vehicles does not exceed the maximum
510	allowable gross weight, the maximum fine for the first 600
511	pounds of unlawful axle weight shall be $10;
512	(c)  For a vehicle equipped with fully functional idle-
513	reduction technology, any penalty shall be calculated by
514	reducing the actual gross vehicle weight or the internal bridge
515	weight by the certified weight of the idle-reduction technology
516	or by 400 pounds, whichever is less. The vehicle operator must
517	present written certification of the weight of the idle-
518	reduction technology and must demonstrate or certify that the
519	idle-reduction technology is fully functional at all times. This
520	calculation is not allowed for vehicles described in s.
521	316.535(6);
522	(d)  An apportionable apportioned motor vehicle, as defined
523	in s. 320.01, operating on the highways of this state without
524	being properly licensed and registered shall be subject to the
525	penalties as herein provided; and
526	(e)  Vehicles operating on the highways of this state from
527	nonmember International Registration Plan jurisdictions which
528	are not in compliance with the provisions of s. 316.605 shall be
529	subject to the penalties as herein provided.
530	Section 15.  Paragraph (a) of subsection (5) and subsection
531	(10) of section 316.550, Florida Statutes, are amended to read:
532	316.550  Operations not in conformity with law; special
533	permits.-
534	(5)(a)  The Department of Transportation may issue a
535	wrecker special blanket permit to authorize a wrecker as defined
536	in s. 320.01(40) to tow a disabled vehicle as defined in s.
537	320.01(38) where the combination of the wrecker and the disabled
538	vehicle being towed exceeds the maximum weight limits as
539	established by s. 316.535.
540	(10)  Whenever any motor vehicle, or the combination of a
541	wrecker as defined in s. 320.01(40) and a towed motor vehicle,
542	exceeds any weight or dimensional criteria or special
543	operational or safety stipulation contained in a special permit
544	issued under the provisions of this section, the penalty
545	assessed to the owner or operator shall be as follows:
546	(a)  For violation of weight criteria contained in a
547	special permit, the penalty per pound or portion thereof
548	exceeding the permitted weight shall be as provided in s.
549	316.545.
550	(b)  For each violation of dimensional criteria in a
551	special permit, the penalty shall be as provided in s. 316.516
552	and penalties for multiple violations of dimensional criteria
553	shall be cumulative except that the total penalty for the
554	vehicle shall not exceed $1,000.
555	(c)  For each violation of an operational or safety
556	stipulation in a special permit, the penalty shall be an amount
557	not to exceed $1,000 per violation and penalties for multiple
558	violations of operational or safety stipulations shall be
559	cumulative except that the total penalty for the vehicle shall
560	not exceed $1,000.
561	(d)  For violation of any special condition that has been
562	prescribed in the rules of the Department of Transportation and
563	declared on the permit, the vehicle shall be determined to be
564	out of conformance with the permit and the permit shall be
565	declared null and void for the vehicle, and weight and
566	dimensional limits for the vehicle shall be as established in s.
567	316.515 or s. 316.535, whichever is applicable, and:
568	1.  For weight violations, a penalty as provided in s.
569	316.545 shall be assessed for those weights which exceed the
570	limits thus established for the vehicle; and
571	2.  For dimensional, operational, or safety violations, a
572	penalty as established in paragraph (c) or s. 316.516, whichever
573	is applicable, shall be assessed for each nonconforming
574	dimensional, operational, or safety violation and the penalties
575	for multiple violations shall be cumulative for the vehicle.
576	Section 16.  Subsection (3) of section 316.646, Florida
577	Statutes, is amended to read:
578	316.646  Security required; proof of security and display
579	thereof; dismissal of cases.-
580	(3)  Any person who violates this section commits a
581	nonmoving traffic infraction subject to the penalty provided in
582	chapter 318 and shall be required to furnish proof of security
583	as provided in this section. If any person charged with a
584	violation of this section fails to furnish proof at or before
585	the scheduled court appearance date that security was in effect
586	at the time of the violation, the court shall, upon conviction,
587	notify the department to suspend the motor vehicle registrations
588	registration and driver's license of such person. If the court
589	fails to order the suspension of the person's motor vehicle
590	registrations registration and driver's license for a conviction
591	of this section at the time of sentencing, the department shall,
592	upon receiving notice of the conviction from the court, and for
593	all motor vehicle owners charged with operating a vehicle as
594	defined in s. 627.732(3)(a), suspend the person's motor vehicle
595	registrations registration and driver's license for the
596	violation of this section. Such license and registrations
597	registration may be reinstated only as provided in s. 324.0221.
598	Section 17.  Subsection (9) of section 317.0003, Florida
599	Statutes, is amended to read:
600	317.0003  Definitions.-As used in this chapter, the term:
601	(9)  "ROV" means any motorized recreational off-highway
602	vehicle 64 inches or less in width, having a dry weight of 2,000
603	pounds or less, designed to travel on four or more nonhighway
604	tires, having nonstraddle seating and a steering wheel, and
605	manufactured for recreational use by one or more persons. The
606	term "ROV" does not include a golf cart as defined in ss.
607	320.01(22) and 316.003(68) or a low-speed vehicle as defined in
608	s. 320.01(42).
609	Section 18.  Section 317.0016, Florida Statutes, is amended
610	to read:
611	317.0016  Expedited service; applications; fees.-The
612	department shall provide, through its agents and for use by the
613	public, expedited service on title transfers, title issuances,
614	duplicate titles, and recordation of liens, and certificates of
615	repossession. A fee of $7 shall be charged for this service,
616	which is in addition to the fees imposed by ss. 317.0007 and
617	317.0008, and $3.50 of this fee shall be retained by the
618	processing agency. All remaining fees shall be deposited in the
619	Incidental Trust Fund of the Division of Forestry of the
620	Department of Agriculture and Consumer Services. Application for
621	expedited service may be made by mail or in person. The
622	department shall issue each title applied for pursuant to this
623	section within 5 working days after receipt of the application
624	except for an application for a duplicate title certificate
625	covered by s. 317.0008(3), in which case the title must be
626	issued within 5 working days after compliance with the
627	department's verification requirements.
628	Section 19.  Subsection (9) and paragraph (a) of subsection
629	(10) of section 318.14, Florida Statutes, are amended to read:
630	318.14  Noncriminal traffic infractions; exception;
631	procedures.-
632	(9)  Any person who does not hold a commercial driver's
633	license and who is cited while driving a noncommercial motor
634	vehicle for an infraction under this section other than a
635	violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
636	driver exceeds the posted limit by 30 miles per hour or more, s.
637	320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
638	322.61, or s. 322.62 may, in lieu of a court appearance, elect
639	to attend in the location of his or her choice within this state
640	a basic driver improvement course approved by the Department of
641	Highway Safety and Motor Vehicles. In such a case, adjudication
642	must be withheld and points, as provided by s. 322.27, may not
643	be assessed. However, a person may not make an election under
644	this subsection if the person has made an election under this
645	subsection in the preceding 12 months. A person may make no more
646	than five elections within his or her lifetime under this
647	subsection. The requirement for community service under s.
648	318.18(8) is not waived by a plea of nolo contendere or by the
649	withholding of adjudication of guilt by a court. If a person
650	makes an election to attend a basic driver improvement course
651	under this subsection, 18 percent of the civil penalty imposed
652	under s. 318.18(3) shall be deposited in the State Courts
653	Revenue Trust Fund; however, that portion is not revenue for
654	purposes of s. 28.36 and may not be used in establishing the
655	budget of the clerk of the court under that section or s. 28.35.
656	(10)(a)  Any person who does not hold a commercial driver's
657	license and who is cited while driving a noncommercial motor
658	vehicle for an offense listed under this subsection may, in lieu
659	of payment of fine or court appearance, elect to enter a plea of
660	nolo contendere and provide proof of compliance to the clerk of
661	the court, designated official, or authorized operator of a
662	traffic violations bureau. In such case, adjudication shall be
663	withheld; however, no election shall be made under this
664	subsection if such person has made an election under this
665	subsection in the 12 months preceding election hereunder. No
666	person may make more than three elections under this subsection.
667	This subsection applies to the following offenses:
668	1.  Operating a motor vehicle without a valid driver's
669	license in violation of the provisions of s. 322.03, s. 322.065,
670	or s. 322.15(1), or operating a motor vehicle with a license
671	that has been suspended for failure to appear, failure to pay
672	civil penalty, or failure to attend a driver improvement course
673	pursuant to s. 322.291.
674	2.  Operating a motor vehicle without a valid registration
675	in violation of s. 320.0605, s. 320.07, or s. 320.131.
676	3.  Operating a motor vehicle in violation of s. 316.646.
677	4.  Operating a motor vehicle with a license that has been
678	suspended under s. 61.13016 or s. 322.245 for failure to pay
679	child support or for failure to pay any other financial
680	obligation as provided in s. 322.245; however, this subparagraph
681	does not apply if the license has been suspended pursuant to s.
682	322.245(1).
683	5.  Operating a motor vehicle with a license that has been
684	suspended under s. 322.091 for failure to meet school attendance
685	requirements.
686	Section 20.  Paragraph (a) of subsection (1) of section
687	318.15, Florida Statutes, is amended to read:
688	318.15  Failure to comply with civil penalty or to appear;
689	penalty.-
690	(1)(a)  If a person fails to comply with the civil
691	penalties provided in s. 318.18 within the time period specified
692	in s. 318.14(4), fails to enter into or comply with the terms of
693	a penalty payment plan with the clerk of the court in accordance
694	with ss. 318.14 and 28.246, fails to attend driver improvement
695	school, or fails to appear at a scheduled hearing, the clerk of
696	the court shall notify the Division of Driver Licenses of the
697	Department of Highway Safety and Motor Vehicles of such failure
698	within 10 days after such failure. Upon receipt of such notice,
699	the department shall immediately issue an order suspending the
700	driver's license and privilege to drive of such person effective
701	20 days after the date the order of suspension is mailed in
702	accordance with s. 322.251(1), (2), and (6). Any such suspension
703	of the driving privilege which has not been reinstated,
704	including a similar suspension imposed outside Florida, shall
705	remain on the records of the department for a period of 7 years
706	from the date imposed and shall be removed from the records
707	after the expiration of 7 years from the date it is imposed.
708	Section 21.  Section 319.14, Florida Statutes, is amended
709	to read:
710	319.14  Sale of motor vehicles registered or used as
711	taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
712	and nonconforming vehicles, custom vehicles, or street rod
713	vehicles.-
714	(1)(a)  A No person may not shall knowingly offer for sale,
715	sell, or exchange any vehicle that has been licensed,
716	registered, or used as a taxicab, police vehicle, or short-term-
717	lease vehicle, or a vehicle that has been repurchased by a
718	manufacturer pursuant to a settlement, determination, or
719	decision under chapter 681, until the department has stamped in
720	a conspicuous place on the certificate of title of the vehicle,
721	or its duplicate, words stating the nature of the previous use
722	of the vehicle or the title has been stamped "Manufacturer's Buy
723	Back" to reflect that the vehicle is a nonconforming vehicle. If
724	the certificate of title or duplicate was not so stamped upon
725	initial issuance thereof or if, subsequent to initial issuance
726	of the title, the use of the vehicle is changed to a use
727	requiring the notation provided for in this section, the owner
728	or lienholder of the vehicle shall surrender the certificate of
729	title or duplicate to the department before prior to offering
730	the vehicle for sale, and the department shall stamp the
731	certificate or duplicate as required herein. If When a vehicle
732	has been repurchased by a manufacturer pursuant to a settlement,
733	determination, or decision under chapter 681, the title shall be
734	stamped "Manufacturer's Buy Back" to reflect that the vehicle is
735	a nonconforming vehicle.
736	(b)  A No person may not shall knowingly offer for sale,
737	sell, or exchange a rebuilt vehicle until the department has
738	stamped in a conspicuous place on the certificate of title for
739	the vehicle words stating that the vehicle has been rebuilt or
740	assembled from parts, or is a kit car, glider kit, replica, or
741	flood vehicle, custom vehicle, or street rod vehicle unless
742	proper application for a certificate of title for a vehicle that
743	is rebuilt or assembled from parts, or is a kit car, glider kit,
744	replica, or flood vehicle, custom vehicle, or street rod vehicle
745	has been made to the department in accordance with this chapter
746	and the department has conducted the physical examination of the
747	vehicle to assure the identity of the vehicle and all major
748	component parts, as defined in s. 319.30(1), which have been
749	repaired or replaced. Thereafter, the department shall affix a
750	decal to the vehicle, in the manner prescribed by the
751	department, showing the vehicle to be rebuilt. A vehicle may not
752	be inspected or issued a rebuilt title until all major component
753	parts, as defined in s. 319.30, which were damaged have been
754	repaired or replaced.
755	(c)  As used in this section, the term:
756	1.  "Police vehicle" means a motor vehicle owned or leased
757	by the state or a county or municipality and used in law
758	enforcement.
759	2.a.  "Short-term-lease vehicle" means a motor vehicle
760	leased without a driver and under a written agreement to one or
761	more persons from time to time for a period of less than 12
762	months.
763	b.  "Long-term-lease vehicle" means a motor vehicle leased
764	without a driver and under a written agreement to one person for
765	a period of 12 months or longer.
766	c.  "Lease vehicle" includes both short-term-lease vehicles
767	and long-term-lease vehicles.
768	3.  "Rebuilt vehicle" means a motor vehicle or mobile home
769	built from salvage or junk, as defined in s. 319.30(1).
770	4.  "Assembled from parts" means a motor vehicle or mobile
771	home assembled from parts or combined from parts of motor
772	vehicles or mobile homes, new or used. "Assembled from parts"
773	does not mean a motor vehicle defined as a "rebuilt vehicle" in
774	subparagraph 3., which has been declared a total loss pursuant
775	to s. 319.30.
776	5.  "Kit car" means a motor vehicle assembled with a kit
777	supplied by a manufacturer to rebuild a wrecked or outdated
778	motor vehicle with a new body kit.
779	6.  "Glider kit" means a vehicle assembled with a kit
780	supplied by a manufacturer to rebuild a wrecked or outdated
781	truck or truck tractor.
782	7.  "Replica" means a complete new motor vehicle
783	manufactured to look like an old vehicle.
784	8.  "Flood vehicle" means a motor vehicle or mobile home
785	that has been declared to be a total loss pursuant to s.
786	319.30(3)(a) resulting from damage caused by water.
787	9.  "Nonconforming vehicle" means a motor vehicle which has
788	been purchased by a manufacturer pursuant to a settlement,
789	determination, or decision under chapter 681.
790	10.  "Settlement" means an agreement entered into between a
791	manufacturer and a consumer that occurs after a dispute is
792	submitted to a program, or an informal dispute settlement
793	procedure established by a manufacturer or is approved for
794	arbitration before the New Motor Vehicle Arbitration Board as
795	defined in s. 681.102.
796	11.  "Custom vehicle" means a motor vehicle that:
797	a.  Is 25 years of age or older and of a model year after
798	1948, or was manufactured to resemble a vehicle that is 25 years
799	of age or older and of a model year after 1948; and
800	b.  Has been altered from the manufacturer's original
801	design or has a body constructed from nonoriginal materials.
802
803	The model year and year of manufacture which the body of a
804	custom vehicle resembles is the model year and year of
805	manufacture listed on the certificate of title, regardless of
806	when the vehicle was actually manufactured.
807	12.  "Street rod" means a motor vehicle that:
808	a.  Is a model year of 1948 or older or was manufactured
809	after 1948 to resemble a vehicle of a model year of 1948 or
810	older; and
811	b.  Has been altered from the manufacturer's original
812	design or has a body constructed from nonoriginal materials.
813
814	The model year and year of manufacture which the body of a
815	street rod resembles is the model year and year of manufacture
816	listed on the certificate of title, regardless of when the
817	vehicle was actually manufactured.
818	(2)  A No person may not shall knowingly sell, exchange, or
819	transfer a vehicle referred to in subsection (1) without, before
820	prior to consummating the sale, exchange, or transfer,
821	disclosing in writing to the purchaser, customer, or transferee
822	the fact that the vehicle has previously been titled,
823	registered, or used as a taxicab, police vehicle, or short-term-
824	lease vehicle, or is a vehicle that is rebuilt or assembled from
825	parts, or is a kit car, glider kit, replica, or flood vehicle,
826	or is a nonconforming vehicle, custom vehicle, or street rod
827	vehicle, as the case may be.
828	(3)  Any person who, with intent to offer for sale or
829	exchange any vehicle referred to in subsection (1), knowingly or
830	intentionally advertises, publishes, disseminates, circulates,
831	or places before the public in any communications medium,
832	whether directly or indirectly, any offer to sell or exchange
833	the vehicle shall clearly and precisely state in each such offer
834	that the vehicle has previously been titled, registered, or used
835	as a taxicab, police vehicle, or short-term-lease vehicle or
836	that the vehicle or mobile home is a vehicle that is rebuilt or
837	assembled from parts, or is a kit car, glider kit, replica, or
838	flood vehicle, or is a nonconforming vehicle, custom vehicle, or
839	street rod vehicle, as the case may be. Any person who violates
840	this subsection commits a misdemeanor of the second degree,
841	punishable as provided in s. 775.082 or s. 775.083.
842	(4)  If When a certificate of title, including a foreign
843	certificate, is branded to reflect a condition or prior use of
844	the titled vehicle, the brand must be noted on the registration
845	certificate of the vehicle and such brand shall be carried
846	forward on all subsequent certificates of title and registration
847	certificates issued for the life of the vehicle.
848	(5)  Any person who knowingly sells, exchanges, or offers
849	to sell or exchange a motor vehicle or mobile home contrary to
850	the provisions of this section or any officer, agent, or
851	employee of a person who knowingly authorizes, directs, aids in,
852	or consents to the sale, exchange, or offer to sell or exchange
853	a motor vehicle or mobile home contrary to the provisions of
854	this section commits a misdemeanor of the second degree,
855	punishable as provided in s. 775.082 or s. 775.083.
856	(6)  Any person who removes a rebuilt decal from a rebuilt
857	vehicle with the intent to conceal the rebuilt status of the
858	vehicle commits a felony of the third degree, punishable as
859	provided in s. 775.082, s. 775.083, or s. 775.084.
860	(7)  This section applies to a mobile home, travel trailer,
861	camping trailer, truck camper, or fifth-wheel recreation trailer
862	only when the such mobile home or vehicle is a rebuilt vehicle
863	or is assembled from parts.
864	(8)  A No person is not shall be liable or accountable in
865	any civil action arising out of a violation of this section if
866	the designation of the previous use or condition of the motor
867	vehicle is not noted on the certificate of title and
868	registration certificate of the vehicle which was received by,
869	or delivered to, such person, unless the such person has
870	actively concealed the prior use or condition of the vehicle
871	from the purchaser.
872	(9)  Subsections (1), (2), and (3) do not apply to the
873	transfer of ownership of a motor vehicle after the motor vehicle
874	has ceased to be used as a lease vehicle and the ownership has
875	been transferred to an owner for private use or to the transfer
876	of ownership of a nonconforming vehicle with 36,000 or more
877	miles on its odometer, or 34 months whichever is later and the
878	ownership has been transferred to an owner for private use. Such
879	owner, as shown on the title certificate, may request the
880	department to issue a corrected certificate of title that does
881	not contain the statement of the previous use of the vehicle as
882	a lease vehicle or condition as a nonconforming vehicle.
883	Section 22.  Section 319.225, Florida Statutes, is amended
884	to read:
885	319.225  Transfer and reassignment forms; odometer
886	disclosure statements.-
887	(1)  Every certificate of title issued by the department
888	must contain the following statement on its reverse side:
889	"Federal and state law require the completion of the odometer
890	statement set out below. Failure to complete or providing false
891	information may result in fines, imprisonment, or both."
892	(2)  Each certificate of title issued by the department
893	must contain on its reverse side a form for transfer of title by
894	the titleholder of record, which form must contain an odometer
895	disclosure statement in the form required by 49 C.F.R. s. 580.5.
896	(3)  Each certificate of title issued by the department
897	must contain on its reverse side as many forms as space allows
898	for reassignment of title by a licensed dealer as permitted by
899	s. 319.21(3), which form or forms shall contain an odometer
900	disclosure statement in the form required by 49 C.F.R. s. 580.5.
901	When all dealer reassignment forms provided on the back of the
902	title certificate have been filled in, a dealer may reassign the
903	title certificate by using a separate dealer reassignment form
904	issued by the department in compliance with 49 C.F.R. ss. 580.4
905	and 580.5, which form shall contain an original, two carbon
906	copies one of which shall be submitted directly to the
907	department by the dealer within 5 business days after the
908	transfer and a copy, one of which shall be retained by the
909	dealer in his or her records for 5 years. The provisions of this
910	subsection shall also apply to vehicles not previously titled in
911	this state and vehicles whose title certificates do not contain
912	the forms required by this section.
913	(4)  Upon transfer or reassignment of a certificate of
914	title to a used motor vehicle, the transferor shall complete the
915	odometer disclosure statement provided for by this section and
916	the transferee shall acknowledge the disclosure by signing and
917	printing his or her name in the spaces provided. This subsection
918	does not apply to a vehicle that has a gross vehicle rating of
919	more than 16,000 pounds, a vehicle that is not self-propelled,
920	or a vehicle that is 10 years old or older. A lessor who
921	transfers title to his or her vehicle without obtaining
922	possession of the vehicle shall make odometer disclosure as
923	provided by 49 C.F.R. s. 580.7. Any person who fails to complete
924	or acknowledge a disclosure statement as required by this
925	subsection commits is guilty of a misdemeanor of the second
926	degree, punishable as provided in s. 775.082 or s. 775.083. The
927	department may not issue a certificate of title unless this
928	subsection has been complied with.
929	(5)  The same person may not sign a disclosure statement as
930	both the transferor and the transferee in the same transaction
931	except as provided in subsection (6).
932	(6)(a)  If the certificate of title is physically held by a
933	lienholder, the transferor may give a power of attorney to his
934	or her transferee for the purpose of odometer disclosure. The
935	power of attorney must be on a form issued or authorized by the
936	department, which form must be in compliance with 49 C.F.R. ss.
937	580.4 and 580.13. The department shall not require the signature
938	of the transferor to be notarized on the form; however, in lieu
939	of notarization, the form shall include an affidavit with the
940	following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
941	HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
942	ARE TRUE. The transferee shall sign the power of attorney form,
943	print his or her name, and return a copy of the power of
944	attorney form to the transferor. Upon receipt of a title
945	certificate, the transferee shall complete the space for mileage
946	disclosure on the title certificate exactly as the mileage was
947	disclosed by the transferor on the power of attorney form. If
948	the transferee is a licensed motor vehicle dealer who is
949	transferring the vehicle to a retail purchaser, the dealer shall
950	make application on behalf of the retail purchaser as provided
951	in s. 319.23(6) and shall submit the original power of attorney
952	form to the department with the application for title and the
953	transferor's title certificate; otherwise, a dealer may reassign
954	the title certificate by using the dealer reassignment form in
955	the manner prescribed in subsection (3), and, at the time of
956	physical transfer of the vehicle, the original power of attorney
957	shall be delivered to the person designated as the transferee of
958	the dealer on the dealer reassignment form. A copy of the
959	executed power of attorney shall be submitted to the department
960	with a copy of the executed dealer reassignment form within 5
961	business days after the certificate of title and dealer
962	reassignment form are delivered by the dealer to its transferee.
963	(b)  If the certificate of title is lost or otherwise
964	unavailable, the transferor may give a power of attorney to his
965	or her transferee for the purpose of odometer disclosure. The
966	power of attorney must be on a form issued or authorized by the
967	department, which form must be in compliance with 49 C.F.R. ss.
968	580.4 and 580.13. The department shall not require the signature
969	of the transferor to be notarized on the form; however, in lieu
970	of notarization, the form shall include an affidavit with the
971	following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
972	HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
973	ARE TRUE. The transferee shall sign the power of attorney form,
974	print his or her name, and return a copy of the power of
975	attorney form to the transferor. Upon receipt of the title
976	certificate or a duplicate title certificate, the transferee
977	shall complete the space for mileage disclosure on the title
978	certificate exactly as the mileage was disclosed by the
979	transferor on the power of attorney form. If the transferee is a
980	licensed motor vehicle dealer who is transferring the vehicle to
981	a retail purchaser, the dealer shall make application on behalf
982	of the retail purchaser as provided in s. 319.23(6) and shall
983	submit the original power of attorney form to the department
984	with the application for title and the transferor's title
985	certificate or duplicate title certificate; otherwise, a dealer
986	may reassign the title certificate by using the dealer
987	reassignment form in the manner prescribed in subsection (3),
988	and, at the time of physical transfer of the vehicle, the
989	original power of attorney shall be delivered to the person
990	designated as the transferee of the dealer on the dealer
991	reassignment form. If the dealer sells the vehicle to an out-of-
992	state resident or an out-of-state dealer and the power of
993	attorney form is applicable to the transaction, the dealer must
994	photocopy the completed original of the form and mail it
995	directly to the department within 5 business days after the
996	certificate of title and dealer reassignment form are delivered
997	by the dealer to the purchaser. A copy of the executed power of
998	attorney shall be submitted to the department with a copy of the
999	executed dealer reassignment form within 5 business days after
1000	the duplicate certificate of title and dealer reassignment form
1001	are delivered by the dealer to its transferee.
1002	(c)  If the mechanics of the transfer of title to a motor
1003	vehicle in accordance with the provisions of paragraph (a) or
1004	paragraph (b) are determined to be incompatible with and
1005	unlawful under the provisions of 49 C.F.R. part 580, the
1006	transfer of title to a motor vehicle by operation of this
1007	subsection can be effected in any manner not inconsistent with
1008	49 C.F.R. part 580 and Florida law; provided, any power of
1009	attorney form issued or authorized by the department under this
1010	subsection shall contain an original, two carbon copies, one of
1011	which shall be submitted directly to the department by the
1012	dealer within 5 business days of use by the dealer to effect
1013	transfer of a title certificate as provided in paragraphs (a)
1014	and (b) and a copy, one of which shall be retained by the dealer
1015	in its records for 5 years.
1016	(d)  Any person who fails to complete the information
1017	required by this subsection or to file with the department the
1018	forms required by this subsection commits is guilty of a
1019	misdemeanor of the second degree, punishable as provided in s.
1020	775.082 or s. 775.083. The department shall not issue a
1021	certificate of title unless this subsection has been complied
1022	with.
1023	(7)  Subject to approval by the National Highway Traffic
1024	Safety Administration or any other applicable authority, if a
1025	title is held electronically and the transferee agrees to
1026	maintain the title electronically, the transferor and transferee
1027	shall complete a secure reassignment document that discloses the
1028	odometer reading and is signed by both the transferor and
1029	transferee at the tax collector's office or license plate
1030	agency. A dealer acquiring a motor vehicle that has an
1031	electronic title shall use a secure reassignment document signed
1032	by the person from whom the dealer acquired the motor vehicle.
1033	Upon transferring the motor vehicle to a purchaser, a separate
1034	reassignment document shall be executed.
1035	(8)(7)  Each certificate of title issued by the department
1036	must contain on its reverse side a minimum of three four spaces
1037	for notation of the name and license number of any auction
1038	through which the vehicle is sold and the date the vehicle was
1039	auctioned. Each separate dealer reassignment form issued by the
1040	department must also have the space referred to in this section.
1041	When a transfer of title is made at a motor vehicle auction, the
1042	reassignment must note the name and address of the auction, but
1043	the auction shall not thereby be deemed to be the owner, seller,
1044	transferor, or assignor of title. A motor vehicle auction is
1045	required to execute a dealer reassignment only when it is the
1046	owner of a vehicle being sold.
1047	(9)(8)  Upon transfer or reassignment of a used motor
1048	vehicle through the services of an auction, the auction shall
1049	complete the information in the space provided for by subsection
1050	(8) (7). Any person who fails to complete the information as
1051	required by this subsection commits is guilty of a misdemeanor
1052	of the second degree, punishable as provided in s. 775.082 or s.
1053	775.083. The department shall not issue a certificate of title
1054	unless this subsection has been complied with.
1055	(10)(9)  This section shall be construed to conform to 49
1056	C.F.R. part 580.
1057	Section 23.  Paragraph (b) of subsection (2) of section
1058	319.28, Florida Statutes, is amended to read:
1059	319.28  Transfer of ownership by operation of law.-
1060	(2)
1061	(b)  In case of repossession of a motor vehicle or mobile
1062	home pursuant to the terms of a security agreement or similar
1063	instrument, an affidavit by the party to whom possession has
1064	passed stating that the vehicle or mobile home was repossessed
1065	upon default in the terms of the security agreement or other
1066	instrument shall be considered satisfactory proof of ownership
1067	and right of possession. At least 5 days before prior to selling
1068	the repossessed vehicle, any subsequent lienholder named in the
1069	last issued certificate of title shall be sent notice of the
1070	repossession by certified mail, on a form prescribed by the
1071	department. If such notice is given and no written protest to
1072	the department is presented by a subsequent lienholder within 15
1073	days after from the date on which the notice was mailed, the
1074	certificate of title or the certificate of repossession shall be
1075	issued showing no liens. If the former owner or any subsequent
1076	lienholder files a written protest under oath within such 15-day
1077	period, the department shall not issue the certificate of title
1078	or certificate of repossession for 10 days thereafter. If within
1079	the 10-day period no injunction or other order of a court of
1080	competent jurisdiction has been served on the department
1081	commanding it not to deliver the certificate of title or
1082	certificate of repossession, the department shall deliver the
1083	certificate of title or repossession to the applicant or as may
1084	otherwise be directed in the application showing no other liens
1085	than those shown in the application. Any lienholder who has
1086	repossessed a vehicle in this state in compliance with the
1087	provisions of this section must apply to a tax collector's
1088	office in this state or to the department for a certificate of
1089	repossession or to the department for a certificate of title
1090	pursuant to s. 319.323. Proof of the required notice to
1091	subsequent lienholders shall be submitted together with regular
1092	title fees. A lienholder to whom a certificate of repossession
1093	has been issued may assign the certificate of title to the
1094	subsequent owner. Any person who violates found guilty of
1095	violating any requirements of this paragraph commits shall be
1096	guilty of a felony of the third degree, punishable as provided
1097	in s. 775.082, s. 775.083, or s. 775.084.
1098	Section 24.  Section 319.323, Florida Statutes, is amended
1099	to read:
1100	319.323  Expedited service; applications; fees.-The
1101	department shall establish a separate title office which may be
1102	used by private citizens and licensed motor vehicle dealers to
1103	receive expedited service on title transfers, title issuances,
1104	duplicate titles, and recordation of liens, and certificates of
1105	repossession. A fee of $10 shall be charged for this service,
1106	which fee is in addition to the fees imposed by s. 319.32. The
1107	fee, after deducting the amount referenced by s. 319.324 and
1108	$3.50 to be retained by the processing agency, shall be
1109	deposited into the General Revenue Fund. Application for
1110	expedited service may be made by mail or in person. The
1111	department shall issue each title applied for under this section
1112	within 5 working days after receipt of the application except
1113	for an application for a duplicate title certificate covered by
1114	s. 319.23(4), in which case the title must be issued within 5
1115	working days after compliance with the department's verification
1116	requirements.
1117	Section 25.  Section 319.40, Florida Statutes, is amended
1118	to read:
1119	319.40  Transactions by electronic or telephonic means.-
1120	(1)  The department may is authorized to accept any
1121	application provided for under this chapter by electronic or
1122	telephonic means.
1123	(2)  The department may issue an electronic certificate of
1124	title in lieu of printing a paper title.
1125	(3)  The department may collect and use electronic mail
1126	addresses as a notification method in lieu of the United States
1127	Postal Service.
1128	Section 26.  Present subsections (24) through (45) of
1129	section 320.01, Florida Statutes, are renumbered as subsections
1130	(23) through (44), respectively, and present subsections (23),
1131	(25), and (26) of that section are amended to read:
1132	320.01  Definitions, general.-As used in the Florida
1133	Statutes, except as otherwise provided, the term:
1134	(23)  "Apportioned motor vehicle" means any motor vehicle
1135	which is required to be registered, or with respect to which an
1136	election has been made to register it, under the International
1137	Registration Plan.
1138	(24)(25)  "Apportionable vehicle" means any vehicle, except
1139	recreational vehicles, vehicles displaying restricted plates,
1140	city pickup and delivery vehicles, buses used in transportation
1141	of chartered parties, and government-owned vehicles, which is
1142	used or intended for use in two or more member jurisdictions
1143	that allocate or proportionally register vehicles and which is
1144	used for the transportation of persons for hire or is designed,
1145	used, or maintained primarily for the transportation of property
1146	and:
1147	(a)  Is a power unit having a gross vehicle weight in
1148	excess of 26,000 26,001 pounds;
1149	(b)  Is a power unit having three or more axles, regardless
1150	of weight; or
1151	(c)  Is used in combination, when the weight of such
1152	combination exceeds 26,000 26,001 pounds gross vehicle weight.
1153
1154	Vehicles, or combinations thereof, having a gross vehicle weight
1155	of 26,000 26,001 pounds or less and two-axle vehicles may be
1156	proportionally registered.
1157	(25)(26)  "Commercial motor vehicle" means any vehicle that
1158	which is not owned or operated by a governmental entity, that
1159	which uses special fuel or motor fuel on the public highways,
1160	and that which has a gross vehicle weight of 26,001 pounds or
1161	more, or has three or more axles regardless of weight, or is
1162	used in combination when the weight of such combination exceeds
1163	26,000 26,001 pounds gross vehicle weight. A vehicle that
1164	occasionally transports personal property to and from a closed-
1165	course motorsport facility, as defined in s. 549.09(1)(a), is
1166	not a commercial motor vehicle if the use is not for profit and
1167	corporate sponsorship is not involved. As used in this
1168	subsection, the term "corporate sponsorship" means a payment,
1169	donation, gratuity, in-kind service, or other benefit provided
1170	to or derived by a person in relation to the underlying
1171	activity, other than the display of product or corporate names,
1172	logos, or other graphic information on the property being
1173	transported.
1174	Section 27.  Subsections (2) and (4) of section 320.02,
1175	Florida Statutes, are amended, and subsection (18) is added to
1176	that section, to read:
1177	320.02  Registration required; application for
1178	registration; forms.-
1179	(2)(a)  The application for registration shall include the
1180	street address of the owner's permanent residence or the address
1181	of his or her permanent place of business and shall be
1182	accompanied by personal or business identification information
1183	which may include, but need not be limited to, a driver's
1184	license number, Florida identification card number, or federal
1185	employer identification number. If the owner does not have a
1186	permanent residence or permanent place of business or if the
1187	owner's permanent residence or permanent place of business
1188	cannot be identified by a street address, the application shall
1189	include:
1190	1.  If the vehicle is registered to a business, the name
1191	and street address of the permanent residence of an owner of the
1192	business, an officer of the corporation, or an employee who is
1193	in a supervisory position.
1194	2.  If the vehicle is registered to an individual, the name
1195	and street address of the permanent residence of a close
1196	relative or friend who is a resident of this state.
1197
1198	If the vehicle is registered to an active-duty military member
1199	who is a Florida resident, the member is exempt from the
1200	requirement to provide a Florida residential address.
1201	(b)  The department shall prescribe a form upon which motor
1202	vehicle owners may record odometer readings when registering
1203	their motor vehicles.
1204	(4)  The owner of any motor vehicle registered in the state
1205	shall notify the department in writing of any change of address
1206	within 20 days of such change. The notification shall include
1207	the registration license plate number, the vehicle
1208	identification number (VIN) or title certificate number, year of
1209	vehicle make, and the owner's full name. Any owner or registrant
1210	who possesses a Florida driver's license or identification card
1211	and changes residence or mailing address must obtain a
1212	replacement as provided for in s. 322.19(2) before changing the
1213	address on the motor vehicle record.
1214	(18)  All electronic registration records shall be retained
1215	by the department for not less than 10 years.
1216	Section 28.  Subsection (9) is added to section 320.023,
1217	Florida Statutes, to read:
1218	320.023  Requests to establish voluntary checkoff on motor
1219	vehicle registration application.-
1220	(9)  The department may annually retain from the first
1221	proceeds derived from the voluntary contributions collected an
1222	amount sufficient to defray for each voluntary contribution the
1223	pro rata share of the department's costs directly related to the
1224	voluntary contributions program. Such costs include renewal
1225	notices, postage, distribution costs, direct costs to the
1226	department, and costs associated with reviewing each
1227	organization's compliance with the audit and attestation
1228	requirements of this section. The balance of the proceeds from
1229	the voluntary contributions collected shall be distributed as
1230	provided by law.
1231	Section 29.  Subsection (7) of section 320.03, Florida
1232	Statutes, is amended to read:
1233	320.03  Registration; duties of tax collectors;
1234	International Registration Plan.-
1235	(7)  The Department of Highway Safety and Motor Vehicles
1236	shall register apportionable apportioned motor vehicles under
1237	the provisions of the International Registration Plan. The
1238	department may adopt rules to implement and enforce the
1239	provisions of the plan.
1240	Section 30.  Paragraph (b) of subsection (3) and subsection
1241	(5) of section 320.05, Florida Statutes, are amended to read:
1242	320.05  Records of the department; inspection procedure;
1243	lists and searches; fees.-
1244	(3)
1245	(b)  Fees therefor shall be charged and collected as
1246	follows:
1247	1.  For providing lists of motor vehicle or vessel records
1248	for the entire state, or any part or parts thereof, divided
1249	according to counties, a sum computed at a rate of not less than
1250	1 cent nor more than 5 cents per item.
1251	2.  For providing noncertified photographic copies of motor
1252	vehicle or vessel documents, $1 per page.
1253	3.  For providing noncertified photographic copies of
1254	micrographic records, $1 per page.
1255	4.  For providing certified copies of motor vehicle or
1256	vessel records, $3 per record.
1257	5.  For providing noncertified computer-generated printouts
1258	of motor vehicle or vessel records, 50 cents per record.
1259	6.  For providing certified computer-generated printouts of
1260	motor vehicle or vessel records, $3 per record.
1261	7.  For providing electronic access to motor vehicle,
1262	vessel, and mobile home registration data requested by tag,
1263	vehicle identification number, title number, or decal number, 50
1264	cents per item.
1265	8.  For providing electronic access to driver's license
1266	status report by name, sex, and date of birth or by driver
1267	license number, 50 cents per item.
1268	9.  For providing lists of licensed mobile home dealers and
1269	manufacturers and recreational vehicle dealers and
1270	manufacturers, $15 per list.
1271	10.  For providing lists of licensed motor vehicle dealers,
1272	$25 per list.
1273	11.  For each copy of a videotape record, $15 per tape.
1274	12.  For each copy of the Division of Motor Vehicles
1275	Procedures Manual, $25.
1276	(5)  The creation and maintenance of records by the
1277	Division of Motorist Services within the department and the
1278	Division of Motor Vehicles pursuant to this chapter shall not be
1279	regarded as law enforcement functions of agency recordkeeping.
1280	Section 31.  Paragraph (d) is added to subsection (1) of
1281	section 320.06, Florida Statutes, and subsection (5) is added to
1282	that section, to read:
1283	320.06  Registration certificates, license plates, and
1284	validation stickers generally.-
1285	(1)
1286	(d)  The department may conduct a pilot program to evaluate
1287	designs, concepts, and technologies for alternative license
1288	plate technologies. The pilot program shall investigate the
1289	feasibility and use of alternative license plate technologies
1290	and shall be limited to license plates that are used on
1291	government-owned motor vehicles, as defined in s. 320.0655.
1292	Government license plates in the pilot program are exempt from
1293	current license plate requirements in paragraph (3)(a).
1294	(5)  All license plates issued pursuant to this chapter are
1295	the property of the State of Florida.
1296	Section 32.  Section 320.061, Florida Statutes, is amended
1297	to read:
1298	320.061  Unlawful to alter motor vehicle registration
1299	certificates, temporary license plates, license plates, mobile
1300	home stickers, or validation stickers or to obscure license
1301	plates; penalty.-No person shall alter the original appearance
1302	of any registration license plate, temporary license plate,
1303	mobile home sticker, validation sticker, or vehicle registration
1304	certificate issued for and assigned to any motor vehicle or
1305	mobile home, whether by mutilation, alteration, defacement, or
1306	change of color or in any other manner. No person shall apply or
1307	attach any substance, reflective matter, illuminated device,
1308	spray, coating, covering, or other material onto or around any
1309	license plate that interferes with the legibility, angular
1310	visibility, or detectability of any feature or detail on the
1311	license plate or interferes with the ability to record any
1312	feature or detail on the license plate. Any person who violates
1313	this section commits a noncriminal traffic infraction,
1314	punishable as a moving violation as provided in chapter 318.
1315	Section 33.  Subsection (1) of section 320.071, Florida
1316	Statutes, is amended to read:
1317	320.071  Advance registration renewal; procedures.-
1318	(1)(a)  The owner of any motor vehicle or mobile home
1319	currently registered in this state may file an application for
1320	renewal of registration with the department, or its authorized
1321	agent in the county wherein the owner resides, any time during
1322	the 3 months preceding the date of expiration of the
1323	registration period. The registration period may not exceed 27
1324	months.
1325	(b)  The owner of any apportionable apportioned motor
1326	vehicle currently registered in this state under the provisions
1327	of the International Registration Plan may file an application
1328	for renewal of registration with the department any time during
1329	the 3 months preceding the date of expiration of the
1330	registration period.
1331	Section 34.  Subsections (1) and (3) of section 320.0715,
1332	Florida Statutes, are amended to read:
1333	320.0715  International Registration Plan; motor carrier
1334	services; permits; retention of records.-
1335	(1)  All apportionable commercial motor vehicles domiciled
1336	in this state and engaged in interstate commerce shall be
1337	registered in accordance with the provisions of the
1338	International Registration Plan and shall display apportioned
1339	license plates.
1340	(3)(a)  If the department is unable to immediately issue
1341	the apportioned license plate to an applicant currently
1342	registered in this state under the International Registration
1343	Plan or to a vehicle currently titled in this state, the
1344	department or its designated agent is authorized to issue a 60-
1345	day temporary operational permit. The department or agent of the
1346	department shall charge a $3 fee and the service charge
1347	authorized by s. 320.04 for each temporary operational permit it
1348	issues.
1349	(b)  The department shall in no event issue a temporary
1350	operational permit for any apportionable commercial motor
1351	vehicle to any applicant until the applicant has shown that:
1352	1.  All sales or use taxes due on the registration of the
1353	vehicle are paid; and
1354	2.  Insurance requirements have been met in accordance with
1355	ss. 320.02(5) and 627.7415.
1356	(c)  Issuance of a temporary operational permit provides
1357	commercial motor vehicle registration privileges in each
1358	International Registration Plan member jurisdiction designated
1359	on said permit and therefore requires payment of all applicable
1360	registration fees and taxes due for that period of registration.
1361	(d)  Application for permanent registration must be made to
1362	the department within 10 days following from issuance of a
1363	temporary operational permit. Failure to file an application
1364	within this 10-day period may result in cancellation of the
1365	temporary operational permit.
1366	Section 35.  Paragraph (d) of subsection (5) of section
1367	320.08, Florida Statutes, is amended to read:
1368	320.08  License taxes.-Except as otherwise provided herein,
1369	there are hereby levied and imposed annual license taxes for the
1370	operation of motor vehicles, mopeds, motorized bicycles as
1371	defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
1372	and mobile homes, as defined in s. 320.01, which shall be paid
1373	to and collected by the department or its agent upon the
1374	registration or renewal of registration of the following:
1375	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1376	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1377	(d)  A wrecker, as defined in s. 320.01(40), which is used
1378	to tow a vessel as defined in s. 327.02(39), a disabled,
1379	abandoned, stolen-recovered, or impounded motor vehicle as
1380	defined in s. 320.01(38), or a replacement motor vehicle as
1381	defined in s. 320.01(39): $41 flat, of which $11 shall be
1382	deposited into the General Revenue Fund.
1383	Section 36.  Subsection (1) of section 320.0847, Florida
1384	Statutes, is amended to read:
1385	320.0847  Mini truck and low-speed vehicle license plates.-
1386	(1)  The department shall issue a license plate to the
1387	owner or lessee of any vehicle registered as a low-speed vehicle
1388	as defined in s. 320.01(42) or a mini truck as defined in s.
1389	320.01(45) upon payment of the appropriate license taxes and
1390	fees prescribed in s. 320.08.
1391	Section 37.  Subsection (4) of section 320.0848, Florida
1392	Statutes, is amended to read:
1393	320.0848  Persons who have disabilities; issuance of
1394	disabled parking permits; temporary permits; permits for certain
1395	providers of transportation services to persons who have
1396	disabilities.-
1397	(4)  From the proceeds of the temporary disabled parking
1398	permit fees:
1399	(a)  The Department of Highway Safety and Motor Vehicles
1400	must receive $3.50 for each temporary permit, to be deposited
1401	into the Highway Safety Operating Trust Fund and used for
1402	implementing the real-time disabled parking permit database and
1403	for administering the disabled parking permit program.
1404	(b)  The tax collector, for processing, must receive $2.50
1405	for each temporary permit.
1406	(c)  The remainder must be distributed monthly as follows:
1407	1.  To the Florida Endowment Foundation for Vocational
1408	Rehabilitation, known as "The Able Trust," Florida Governor's
1409	Alliance for the Employment of Disabled Citizens for the purpose
1410	of improving employment and training opportunities for persons
1411	who have disabilities, with special emphasis on removing
1412	transportation barriers, $4. These fees must be directly
1413	deposited into the Florida Endowment Foundation for Vocational
1414	Rehabilitation as established in s. 413.615 Transportation
1415	Disadvantaged Trust Fund for transfer to the Florida Governor's
1416	Alliance for Employment of Disabled Citizens.
1417	2.  To the Transportation Disadvantaged Trust Fund to be
1418	used for funding matching grants to counties for the purpose of
1419	improving transportation of persons who have disabilities, $5.
1420	Section 38.  Paragraphs (a) and (b) of subsection (2) of
1421	section 320.275, Florida Statutes, are amended to read:
1422	320.275  Automobile Dealers Industry Advisory Board.-
1423	(2)  MEMBERSHIP, TERMS, MEETINGS.-
1424	(a)  The board shall be composed of 12 members. The
1425	executive director of the Department of Highway Safety and Motor
1426	Vehicles shall appoint the members from names submitted by the
1427	entities for the designated categories the member will
1428	represent. The executive director shall appoint one
1429	representative of the Department of Highway Safety and Motor
1430	Vehicles, who must represent the Division of Motor Vehicles; two
1431	representatives of the independent motor vehicle industry as
1432	recommended by the Florida Independent Automobile Dealers
1433	Association; two representatives of the franchise motor vehicle
1434	industry as recommended by the Florida Automobile Dealers
1435	Association; one representative of the auction motor vehicle
1436	industry who is from an auction chain and is recommended by a
1437	group affiliated with the National Auto Auction Association; one
1438	representative of the auction motor vehicle industry who is from
1439	an independent auction and is recommended by a group affiliated
1440	with the National Auto Auction Association; one representative
1441	from the Department of Revenue; a Florida tax collector
1442	representative recommended by the Florida Tax Collectors
1443	Association; one representative from the Better Business Bureau;
1444	one representative from the Department of Agriculture and
1445	Consumer Services, who must represent the Division of Consumer
1446	Services; and one representative of the insurance industry who
1447	writes motor vehicle dealer surety bonds.
1448	(b)1.  The executive director shall appoint the following
1449	initial members to 1-year terms: one representative from the
1450	motor vehicle auction industry who represents an auction chain,
1451	one representative from the independent motor vehicle industry,
1452	one representative from the franchise motor vehicle industry,
1453	one representative from the Department of Revenue, one Florida
1454	tax collector, and one representative from the Better Business
1455	Bureau.
1456	2.  The executive director shall appoint the following
1457	initial members to 2-year terms: one representative from the
1458	motor vehicle auction industry who represents an independent
1459	auction, one representative from the independent motor vehicle
1460	industry, one representative from the franchise motor vehicle
1461	industry, one representative from the Division of Consumer
1462	Services, one representative from the insurance industry, and
1463	one representative from the department Division of Motor
1464	Vehicles.
1465	3.  As the initial terms expire, the executive director
1466	shall appoint successors from the same designated category for
1467	terms of 2 years. If renominated, a member may succeed himself
1468	or herself.
1469	4.  The board shall appoint a chair and vice chair at its
1470	initial meeting and every 2 years thereafter.
1471	Section 39.  Section 320.95, Florida Statutes, is amended
1472	to read:
1473	320.95  Transactions by electronic or telephonic means.-
1474	(1)  The department may is authorized to accept any
1475	application provided for under this chapter by electronic or
1476	telephonic means.
1477	(2)  The department may collect and use electronic mail
1478	addresses for the purpose of providing renewal notices in lieu
1479	of the United States Postal Service.
1480	Section 40.  Section 321.02, Florida Statutes, is amended
1481	to read:
1482	321.02  Powers and duties of department, highway patrol.-
1483	The director of the Division of Highway Patrol of the Department
1484	of Highway Safety and Motor Vehicles shall be designated the
1485	Colonel also be the commander of the Florida Highway Patrol. The
1486	said department shall set up and promulgate rules and
1487	regulations by which the personnel of the Florida Highway Patrol
1488	officers shall be examined, employed, trained, located,
1489	suspended, reduced in rank, discharged, recruited, paid and
1490	pensioned, subject to civil service provisions hereafter set
1491	out. The department may enter into contracts or agreements, with
1492	or without competitive bidding or procurement, to make
1493	available, on a fair, reasonable, nonexclusive, and
1494	nondiscriminatory basis, property and other structures under
1495	division control for the placement of new facilities by any
1496	wireless provider of mobile service as defined in 47 U.S.C. s.
1497	153(27) or s. 332(d), and any telecommunications company as
1498	defined in s. 364.02 when it is determined to be practical and
1499	feasible to make such property or other structures available.
1500	The department may, without adopting a rule, charge a just,
1501	reasonable, and nondiscriminatory fee for placement of the
1502	facilities, payable annually, based on the fair market value of
1503	space used by comparable communications facilities in the state.
1504	The department and a wireless provider or telecommunications
1505	company may negotiate the reduction or elimination of a fee in
1506	consideration of services provided to the division by the
1507	wireless provider or the telecommunications company. All such
1508	fees collected by the department shall be deposited directly
1509	into the State Agency Law Enforcement Radio System Trust Fund,
1510	and may be used to construct, maintain, or support the system.
1511	The department is further specifically authorized to purchase,
1512	sell, trade, rent, lease and maintain all necessary equipment,
1513	uniforms, motor vehicles, communication systems, housing
1514	facilities, office space, and perform any other acts necessary
1515	for the proper administration and enforcement of this chapter.
1516	However, all supplies and equipment consisting of single items
1517	or in lots shall be purchased under the requirements of s.
1518	287.057. Purchases shall be made by accepting the bid of the
1519	lowest responsive bidder, the right being reserved to reject all
1520	bids. The department shall prescribe a distinctive uniform and
1521	distinctive emblem to be worn by all officers of the Florida
1522	Highway Patrol. It shall be unlawful for any other person or
1523	persons to wear a similar uniform or emblem, or any part or
1524	parts thereof. The department shall also prescribe distinctive
1525	colors for use on motor vehicles and motorcycles operated by the
1526	Florida Highway Patrol. The prescribed colors shall be referred
1527	to as "Florida Highway Patrol black and tan."
1528	Section 41.  Subsection (3) of section 322.02, Florida
1529	Statutes, is amended to read:
1530	322.02  Legislative intent; administration.-
1531	(3)  The department shall employ a director, who is charged
1532	with the duty of serving as the executive officer of the
1533	Division of Motorist Services within Driver Licenses of the
1534	department insofar as the administration of this chapter is
1535	concerned. He or she shall be subject to the supervision and
1536	direction of the department, and his or her official actions and
1537	decisions as executive officer shall be conclusive unless the
1538	same are superseded or reversed by the department or by a court
1539	of competent jurisdiction.
1540	Section 42.  Subsection (1) of section 322.04, Florida
1541	Statutes, is amended to read:
1542	322.04  Persons exempt from obtaining driver's license.-
1543	(1)  The following persons are exempt from obtaining a
1544	driver's license:
1545	(a)  Any employee of the United States Government, while
1546	operating a noncommercial motor vehicle owned by or leased to
1547	the United States Government and being operated on official
1548	business.
1549	(b)  Any person while driving or operating any road
1550	machine, farm tractor, or implement of husbandry temporarily
1551	operated or moved on a highway.
1552	(c)  A nonresident who is at least 16 years of age and who
1553	has in his or her immediate possession a valid noncommercial
1554	driver's license issued to the nonresident in his or her home
1555	state or country, may operate a motor vehicle of the type for
1556	which a Class E driver's license is required in this state if he
1557	or she has in their immediate possession:
1558	1.  A valid noncommercial driver's license issued in his or
1559	her name from another state or territory of the United States;
1560	or
1561	2.  An International Driving Permit issued in his or her
1562	name by his or her country of residence.
1563	(d)  A nonresident who is at least 18 years of age and who
1564	has in his or her immediate possession a valid noncommercial
1565	driver's license issued to the nonresident in his or her home
1566	state or country may operate a motor vehicle, other than a
1567	commercial motor vehicle, in this state.
1568	(d)(e)  Any person operating a golf cart, as defined in s.
1569	320.01, which is operated in accordance with the provisions of
1570	s. 316.212.
1571	Section 43.  Paragraph (a) of subsection (1) of section
1572	322.051, Florida Statutes, is amended to read:
1573	322.051  Identification cards.-
1574	(1)  Any person who is 5 years of age or older, or any
1575	person who has a disability, regardless of age, who applies for
1576	a disabled parking permit under s. 320.0848, may be issued an
1577	identification card by the department upon completion of an
1578	application and payment of an application fee.
1579	(a)  Each such application shall include the following
1580	information regarding the applicant:
1581	1.  Full name (first, middle or maiden, and last), gender,
1582	proof of social security card number satisfactory to the
1583	department, county of residence, mailing address, proof of
1584	residential address satisfactory to the department, country of
1585	birth, and a brief description.
1586	2.  Proof of birth date satisfactory to the department.
1587	3.  Proof of identity satisfactory to the department. Such
1588	proof must include one of the following documents issued to the
1589	applicant:
1590	a.  A driver's license record or identification card record
1591	from another jurisdiction that required the applicant to submit
1592	a document for identification which is substantially similar to
1593	a document required under sub-subparagraph b., sub-subparagraph
1594	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
1595	f., sub-subparagraph g., or sub-subparagraph h.;
1596	b.  A certified copy of a United States birth certificate;
1597	c.  A valid, unexpired United States passport;
1598	d.  A naturalization certificate issued by the United
1599	States Department of Homeland Security;
1600	e.  A valid, unexpired alien registration receipt card
1601	(green card);
1602	f.  A Consular Report of Birth Abroad provided by the
1603	United States Department of State;
1604	g.  An unexpired employment authorization card issued by
1605	the United States Department of Homeland Security; or
1606	h.  Proof of nonimmigrant classification provided by the
1607	United States Department of Homeland Security, for an original
1608	identification card. In order to prove such nonimmigrant
1609	classification, applicants must provide at least one of may
1610	produce but are not limited to the following documents, and, in
1611	addition, the department may require other documents for the
1612	sole purpose of establishing the maintenance of or efforts to
1613	maintain continuous lawful presence:
1614	(I)  A notice of hearing from an immigration court
1615	scheduling a hearing on any proceeding.
1616	(II)  A notice from the Board of Immigration Appeals
1617	acknowledging pendency of an appeal.
1618	(III)  Notice of the approval of an application for
1619	adjustment of status issued by the United States Bureau of
1620	Citizenship and Immigration Services.
1621	(IV)  Any official documentation confirming the filing of a
1622	petition for asylum or refugee status or any other relief issued
1623	by the United States Bureau of Citizenship and Immigration
1624	Services.
1625	(V)  Notice of action transferring any pending matter from
1626	another jurisdiction to Florida, issued by the United States
1627	Bureau of Citizenship and Immigration Services.
1628	(VI)  Order of an immigration judge or immigration officer
1629	granting any relief that authorizes the alien to live and work
1630	in the United States including, but not limited to asylum.
1631	(VII)  Evidence that an application is pending for
1632	adjustment of status to that of an alien lawfully admitted for
1633	permanent residence in the United States or conditional
1634	permanent resident status in the United States, if a visa number
1635	is available having a current priority date for processing by
1636	the United States Bureau of Citizenship and Immigration
1637	Services.
1638	(VIII)  On or after January 1, 2010, an unexpired foreign
1639	passport with an unexpired United States Visa affixed,
1640	accompanied by an approved I-94, documenting the most recent
1641	admittance into the United States.
1642
1643	An identification card issued based on documents required
1644	Presentation of any of the documents described in sub-
1645	subparagraph g. or sub-subparagraph h. is valid entitles the
1646	applicant to an identification card for a period not to exceed
1647	the expiration date of the document presented or 1 year,
1648	whichever first occurs.
1649	Section 44.  Section 322.065, Florida Statutes, is amended
1650	to read:
1651	322.065  Driver's license expired for 6 4 months or less;
1652	penalties.-Any person whose driver's license has been expired
1653	for 6 4 months or less and who drives a motor vehicle upon the
1654	highways of this state commits is guilty of an infraction and is
1655	subject to the penalty provided in s. 318.18.
1656	Section 45.  Subsection (3) of section 322.07, Florida
1657	Statutes, is amended to read:
1658	322.07  Instruction permits and temporary licenses.-
1659	(3)  Any person who, except for his or her lack of
1660	instruction in operating a commercial motor vehicle, would
1661	otherwise be qualified to obtain a commercial driver's license
1662	under this chapter, may apply for a temporary commercial
1663	instruction permit. The department shall issue such a permit
1664	entitling the applicant, while having the permit in his or her
1665	immediate possession, to drive a commercial motor vehicle on the
1666	highways, provided that:
1667	(a)  The applicant possesses a valid Florida driver's
1668	license issued in any state; and
1669	(b)  The applicant, while operating a commercial motor
1670	vehicle, is accompanied by a licensed driver who is 21 years of
1671	age or older, who is licensed to operate the class of vehicle
1672	being operated, and who is actually occupying the closest seat
1673	to the right of the driver.
1674	Section 46.  Subsection (2) of section 322.08, Florida
1675	Statutes, is amended, and subsection (8) is added to that
1676	section, to read:
1677	322.08  Application for license; requirements for license
1678	and identification card forms.-
1679	(2)  Each such application shall include the following
1680	information regarding the applicant:
1681	(a)  Full name (first, middle or maiden, and last), gender,
1682	proof of social security card number satisfactory to the
1683	department, county of residence, mailing address, proof of
1684	residential address satisfactory to the department, country of
1685	birth, and a brief description.
1686	(b)  Proof of birth date satisfactory to the department.
1687	(c)  Proof of identity satisfactory to the department. Such
1688	proof must include one of the following documents issued to the
1689	applicant:
1690	1.  A driver's license record or identification card record
1691	from another jurisdiction that required the applicant to submit
1692	a document for identification which is substantially similar to
1693	a document required under subparagraph 2., subparagraph 3.,
1694	subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
1695	7., or subparagraph 8.;
1696	2.  A certified copy of a United States birth certificate;
1697	3.  A valid, unexpired United States passport;
1698	4.  A naturalization certificate issued by the United
1699	States Department of Homeland Security;
1700	5.  A valid, unexpired alien registration receipt card
1701	(green card);
1702	6.  A Consular Report of Birth Abroad provided by the
1703	United States Department of State;
1704	7.  An unexpired employment authorization card issued by
1705	the United States Department of Homeland Security; or
1706	8.  Proof of nonimmigrant classification provided by the
1707	United States Department of Homeland Security, for an original
1708	driver's license. In order to prove nonimmigrant classification,
1709	an applicant must provide at least one of the following
1710	documents, and, in addition, the department may require other
1711	documents for the sole purpose of establishing the maintenance
1712	of or efforts to maintain continuous lawful presence may produce
1713	the following documents, including, but not limited to:
1714	a.  A notice of hearing from an immigration court
1715	scheduling a hearing on any proceeding.
1716	b.  A notice from the Board of Immigration Appeals
1717	acknowledging pendency of an appeal.
1718	c.  A notice of the approval of an application for
1719	adjustment of status issued by the United States Bureau of
1720	Citizenship and Immigration Services.
1721	d.  Any official documentation confirming the filing of a
1722	petition for asylum or refugee status or any other relief issued
1723	by the United States Bureau of Citizenship and Immigration
1724	Services.
1725	e.  A notice of action transferring any pending matter from
1726	another jurisdiction to this state issued by the United States
1727	Bureau of Citizenship and Immigration Services.
1728	f.  An order of an immigration judge or immigration officer
1729	granting any relief that authorizes the alien to live and work
1730	in the United States, including, but not limited to, asylum.
1731	g.  Evidence that an application is pending for adjustment
1732	of status to that of an alien lawfully admitted for permanent
1733	residence in the United States or conditional permanent resident
1734	status in the United States, if a visa number is available
1735	having a current priority date for processing by the United
1736	States Bureau of Citizenship and Immigration Services.
1737	h.  On or after January 1, 2010, an unexpired foreign
1738	passport with an unexpired United States Visa affixed,
1739	accompanied by an approved I-94, documenting the most recent
1740	admittance into the United States.
1741
1742	A driver's license or temporary permit issued based on documents
1743	required Presentation of any of the documents in subparagraph 7.
1744	or subparagraph 8. is valid entitles the applicant to a driver's
1745	license or temporary permit for a period not to exceed the
1746	expiration date of the document presented or 1 year, whichever
1747	occurs first.
1748	(d)  Whether the applicant has previously been licensed to
1749	drive, and, if so, when and by what state, and whether any such
1750	license or driving privilege has ever been disqualified,
1751	revoked, or suspended, or whether an application has ever been
1752	refused, and, if so, the date of and reason for such
1753	disqualification, suspension, revocation, or refusal.
1754	(e)  Each such application may include fingerprints and
1755	other unique biometric means of identity.
1756	(8)  The department may collect and use electronic mail
1757	addresses for the purpose of providing renewal notices in lieu
1758	of the United State Postal Service.
1759	Section 47.  Subsection (9) is added to section 322.081,
1760	Florida Statutes, to read:
1761	322.081  Requests to establish voluntary checkoff on
1762	driver's license application.-
1763	(9)  The department may annually retain from the first
1764	proceeds derived from the voluntary contributions collected an
1765	amount sufficient to defray for each voluntary contribution the
1766	pro rata share of the department's costs directly related to the
1767	voluntary contributions program. Such costs include renewal
1768	notices, postage, distribution costs, direct costs to the
1769	department, and costs associated with reviewing each
1770	organization's compliance with the audit and attestation
1771	requirements of this section. The balance of the proceeds from
1772	the voluntary contributions collected shall be distributed as
1773	provided by law.
1774	Section 48.  Subsection (5) of section 322.12, Florida
1775	Statutes, is amended to read:
1776	322.12  Examination of applicants.-
1777	(5)(a)  The department shall formulate a separate
1778	examination for applicants for licenses to operate motorcycles.
1779	Any applicant for a driver's license who wishes to operate a
1780	motorcycle, and who is otherwise qualified, must successfully
1781	complete such an examination, which is in addition to the
1782	examination administered under subsection (3). The examination
1783	must test the applicant's knowledge of the operation of a
1784	motorcycle and of any traffic laws specifically relating thereto
1785	and must include an actual demonstration of his or her ability
1786	to exercise ordinary and reasonable control in the operation of
1787	a motorcycle. Any applicant who fails to pass the initial
1788	knowledge examination will incur a $5 fee for each subsequent
1789	examination, to be deposited into the Highway Safety Operating
1790	Trust Fund. Any applicant who fails to pass the initial skills
1791	examination will incur a $10 fee for each subsequent
1792	examination, to be deposited into the Highway Safety Operating
1793	Trust Fund. In the formulation of the examination, the
1794	department shall consider the use of the Motorcycle Operator
1795	Skills Test and the Motorcycle in Traffic Test offered by the
1796	Motorcycle Safety Foundation. The department shall indicate on
1797	the license of any person who successfully completes the
1798	examination that the licensee is authorized to operate a
1799	motorcycle. If the applicant wishes to be licensed to operate a
1800	motorcycle only, he or she need not take the skill or road test
1801	required under subsection (3) for the operation of a motor
1802	vehicle, and the department shall indicate such a limitation on
1803	his or her license as a restriction. Every first-time applicant
1804	for licensure to operate a motorcycle must provide proof of
1805	completion of a motorcycle safety course, as provided for in s.
1806	322.0255, which shall include a final examination before the
1807	applicant may be licensed to operate a motorcycle. The
1808	department shall indicate on the license of any person who
1809	successfully completes the course that the licensee is
1810	authorized to operate a motorcycle. If the applicant wishes to
1811	be licensed to operate a motorcycle only, he or she need not
1812	take the skills or road test required under subsection (3) for
1813	the operation of a motor vehicle, and the department shall
1814	indicate such a limitation on his or her license as a
1815	restriction.
1816	(b)  The department may exempt any applicant from the
1817	examination provided in this subsection if the applicant
1818	presents a certificate showing successful completion of a course
1819	approved by the department, which course includes a similar
1820	examination of the knowledge and skill of the applicant in the
1821	operation of a motorcycle.
1822	Section 49.  Subsection (5) of section 322.121, Florida
1823	Statutes, is amended to read:
1824	322.121  Periodic reexamination of all drivers.-
1825	(5)  Members of the Armed Forces, or their dependents
1826	residing with them, shall be granted an automatic extension for
1827	the expiration of their Class E licenses without reexamination
1828	while serving on active duty outside this state. This extension
1829	is valid for 90 days after the member of the Armed Forces is
1830	either discharged or returns to this state to live.
1831	Section 50.  Paragraph (a) of subsection (1) of section
1832	322.14, Florida Statutes, is amended to read:
1833	322.14  Licenses issued to drivers.-
1834	(1)(a)  The department shall, upon successful completion of
1835	all required examinations and payment of the required fee, issue
1836	to every applicant qualifying therefor, a driver's license as
1837	applied for, which license shall bear thereon a color photograph
1838	or digital image of the licensee; the name of the state; a
1839	distinguishing number assigned to the licensee; and the
1840	licensee's full name, date of birth, and residence address; a
1841	brief description of the licensee, including, but not limited
1842	to, the licensee's gender and height; and the dates of issuance
1843	and expiration of the license. A space shall be provided upon
1844	which the licensee shall affix his or her usual signature. No
1845	license shall be valid until it has been so signed by the
1846	licensee except that the signature of said licensee shall not be
1847	required if it appears thereon in facsimile or if the licensee
1848	is not present within the state at the time of issuance.
1849	Applicants qualifying to receive a Class A, Class B, or Class C
1850	driver's license must appear in person within the state for
1851	issuance of a color photographic or digital imaged driver's
1852	license pursuant to s. 322.142.
1853	Section 51.  Subsections (9), (10), (13), (14), and (16) of
1854	section 322.20, Florida Statutes, are amended to read:
1855	322.20  Records of the department; fees; destruction of
1856	records.-
1857	(9)  The department may, upon application, furnish to any
1858	person, from its the records of the Division of Driver Licenses,
1859	a list of the names, addresses, and birth dates of the licensed
1860	drivers of the entire state or any portion thereof by age group.
1861	In addition, the department may furnish to the courts, for the
1862	purpose of establishing jury selection lists, the names,
1863	addresses, and birth dates of the persons of the entire state or
1864	any portion thereof by age group having identification cards
1865	issued by the department. Each person who requests such
1866	information shall pay a fee, set by the department, of 1 cent
1867	per name listed, except that the department shall furnish such
1868	information without charge to the courts for the purpose of jury
1869	selection or to any state agency or to any state attorney,
1870	sheriff, or chief of police. Such court, state agency, state
1871	attorney, or law enforcement agency may not sell, give away, or
1872	allow the copying of such information. Noncompliance with this
1873	prohibition shall authorize the department to charge the
1874	noncomplying court, state agency, state attorney, or law
1875	enforcement agency the appropriate fee for any subsequent lists
1876	requested. The department may adopt rules necessary to implement
1877	this subsection.
1878	(10)  The department Division of Driver Licenses is
1879	authorized, upon application of any person and payment of the
1880	proper fees, to search and to assist such person in the search
1881	of the records of the department and make reports thereof and to
1882	make photographic copies of the departmental records and
1883	attestations thereof.
1884	(13)  The department Division of Driver Licenses shall
1885	implement a system that allows either parent of a minor, or a
1886	guardian, or other responsible adult who signed a minor's
1887	application for a driver's license to have Internet access
1888	through a secure website to inspect the minor's driver history
1889	record. Internet access to driver history records granted to a
1890	minor's parents, guardian, or other responsible adult shall be
1891	furnished by the department at no fee and shall terminate when
1892	the minor attains 18 years of age.
1893	(14)  The department is authorized in accordance with
1894	chapter 257 to destroy reports, records, documents, papers, and
1895	correspondence in the department Division of Driver Licenses
1896	which are considered obsolete.
1897	(16)  The creation and maintenance of records by the
1898	Division of Motorist Services within the department and the
1899	Division of Driver Licenses pursuant to this chapter shall not
1900	be regarded as law enforcement functions of agency
1901	recordkeeping.
1902	Section 52.  Section 322.202, Florida Statutes, is amended
1903	to read:
1904	322.202  Admission of evidence obtained from the Division
1905	of Motorist Services Driver Licenses and the Division of Motor
1906	Vehicles.-
1907	(1)  The Legislature finds that the Division of Motorist
1908	Services Driver Licenses and the Division of Motor Vehicles of
1909	the Department of Highway Safety and Motor Vehicles is are not a
1910	law enforcement agency agencies. The Legislature also finds that
1911	the division is divisions are not an adjunct adjuncts of any law
1912	enforcement agency in that employees have no stake in particular
1913	prosecutions. The Legislature further finds that errors in
1914	records maintained by the Division of Motorist Services
1915	divisions are not within the collective knowledge of any law
1916	enforcement agency. The Legislature also finds that the mission
1917	missions of the Division of Motorist Services Driver Licenses,
1918	the Division of Motor Vehicles, and the Department of Highway
1919	Safety and Motor Vehicles provides provide a sufficient
1920	incentive to maintain records in a current and correct fashion.
1921	(2)  The Legislature finds that the purpose of the
1922	exclusionary rule is to deter misconduct on the part of law
1923	enforcement officers and law enforcement agencies.
1924	(3)  The Legislature finds that the application of the
1925	exclusionary rule to cases where a law enforcement officer
1926	effects an arrest based on objectively reasonable reliance on
1927	information obtained from the division divisions is repugnant to
1928	the purposes of the exclusionary rule and contrary to the
1929	decisions of the United States Supreme Court in Arizona v.
1930	Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897
1931	(1984).
1932	(4)  In any case where a law enforcement officer effects an
1933	arrest based on objectively reasonable reliance on information
1934	obtained from the division divisions, evidence found pursuant to
1935	such an arrest shall not be suppressed by application of the
1936	exclusionary rule on the grounds that the arrest is subsequently
1937	determined to be unlawful due to erroneous information obtained
1938	from the divisions.
1939	Section 53.  Subsections (2) and (4) of section 322.21,
1940	Florida Statutes, are amended to read:
1941	322.21  License fees; procedure for handling and collecting
1942	fees.-
1943	(2)  It is the duty of the director of the Division of
1944	Motorist Services to provide Driver Licenses to set up a
1945	division in the department with the necessary personnel to
1946	perform the necessary clerical and routine work for the
1947	department in issuing and recording applications, licenses, and
1948	certificates of eligibility, including the receiving and
1949	accounting of all license funds and their payment into the State
1950	Treasury, and other incidental clerical work connected with the
1951	administration of this chapter. The department may use such
1952	electronic, mechanical, or other devices as necessary to
1953	accomplish the purposes of this chapter.
1954	(4)  If the department determines from its records or is
1955	otherwise satisfied that the holder of a license about to expire
1956	is entitled to have it renewed, the department shall mail a
1957	renewal notice to the licensee at his or her last known address,
1958	at least within 30 days before the licensee's birthday. The
1959	licensee may shall be issued a renewal license, after
1960	reexamination, if required, during the 30 days immediately
1961	preceding his or her birthday upon presenting a renewal notice,
1962	his or her current license, and the fee for renewal to the
1963	department at any driver's license examining office. A driver
1964	may renew his or her driver's license up to 18 months prior to
1965	the license expiration date.
1966	Section 54.  Subsection (1) of section 322.22, Florida
1967	Statutes, is amended to read:
1968	322.22  Authority of department to cancel license.-
1969	(1)  The department is authorized to cancel any driver's
1970	license, upon determining that the licensee is was not entitled
1971	to the license issuance thereof, or that the licensee failed to
1972	give the required or correct information in his or her
1973	application or committed any fraud in making such application,
1974	or that the licensee has two or more licenses on file with the
1975	department, each in a different name but bearing the photograph
1976	of the licensee, unless the licensee has complied with the
1977	requirements of this chapter in obtaining the licenses. The
1978	department may cancel any driver's license, identification card,
1979	vehicle or vessel registration, or fuel-use decal if the
1980	licensee fails to pay the correct fee or pays for the driver's
1981	license, identification card, vehicle or vessel registration, or
1982	fuel-use decal; pays any tax liability, penalty, or interest
1983	specified in chapter 207; or pays any administrative,
1984	delinquency, or reinstatement fee by a dishonored check.
1985	Section 55.  Subsection (2) of section 322.53, Florida
1986	Statutes, is amended to read:
1987	322.53  License required; exemptions.-
1988	(2)  The following persons are exempt from the requirement
1989	to obtain a commercial driver's license:
1990	(a)  Drivers of authorized emergency vehicles.
1991	(b)  Military personnel driving vehicles operated for
1992	military purposes.
1993	(c)  Farmers transporting agricultural products, farm
1994	supplies, or farm machinery to or from their farms within 150
1995	miles of their farm if the vehicle operated under this exemption
1996	is not used in the operations of a common or contract motor
1997	carrier, or transporting agricultural products to or from the
1998	first place of storage or processing or directly to or from
1999	market, within 150 miles of their farm.
2000	(d)  Drivers of recreational vehicles, as defined in s.
2001	320.01.
2002	(e)  Drivers who operate straight trucks, as defined in s.
2003	316.003, which that are exclusively transporting their own
2004	tangible personal property that which is not for sale or hire,
2005	and the vehicles are not used in commerce.
2006	(f)  An employee of a publicly owned transit system who is
2007	limited to moving vehicles for maintenance or parking purposes
2008	exclusively within the restricted-access confines of a transit
2009	system's property.
2010	Section 56.  Subsection (5) is added to section 322.54,
2011	Florida Statutes, to read:
2012	322.54  Classification.-
2013	(5)  The required driver's license classification of any
2014	person operating a commercial motor vehicle that has no gross
2015	vehicle weight rating plate or no vehicle identification number
2016	shall be determined by the actual weight of the vehicle.
2017	Section 57.  Section 322.58, Florida Statutes, is repealed.
2018	Section 58.  Section 322.59, Florida Statutes, is amended
2019	to read:
2020	322.59  Possession of medical examiner's certificate.-
2021	(1)  The department shall not issue a commercial driver's
2022	license to any person who is required by the laws of this state
2023	or by federal law to possess a medical examiner's certificate,
2024	unless such person provides presents a valid certificate, as
2025	described in 49 C.F.R. s. 383.71 prior to licensure.
2026	(2)  The department shall disqualify a driver from
2027	operating a commercial motor vehicle if that driver holds a
2028	commercial driver's license and fails to comply with the medical
2029	certification requirements described in 49 C.F.R. s. 383.71.
2030	(2)  This section does not expand the requirements as to
2031	who must possess a medical examiner's certificate.
2032	Section 59.  Subsection (5) of section 322.61, Florida
2033	Statutes, is amended to read:
2034	322.61  Disqualification from operating a commercial motor
2035	vehicle.-
2036	(5)  Any person who is convicted of two violations
2037	specified in subsection (3) which were committed while operating
2038	a commercial motor vehicle, or any combination thereof, arising
2039	in separate incidents shall be permanently disqualified from
2040	operating a commercial motor vehicle. Any holder of a commercial
2041	driver's license who is convicted of two violations specified in
2042	subsection (3), which were committed while operating any a
2043	noncommercial motor vehicle, or any combination thereof, arising
2044	in separate incidents shall be permanently disqualified from
2045	operating a commercial motor vehicle. The penalty provided in
2046	this subsection is in addition to any other applicable penalty.
2047	Section 60.  Subsections (1), (4), (7), (8), and (11) of
2048	section 322.64, Florida Statutes, are amended to read:
2049	322.64  Holder of commercial driver's license; persons
2050	operating a commercial motor vehicle; driving with unlawful
2051	blood-alcohol level; refusal to submit to breath, urine, or
2052	blood test.-
2053	(1)(a)  A law enforcement officer or correctional officer
2054	shall, on behalf of the department, disqualify from operating
2055	any commercial motor vehicle a person who while operating or in
2056	actual physical control of a commercial motor vehicle is
2057	arrested for a violation of s. 316.193, relating to unlawful
2058	blood-alcohol level or breath-alcohol level, or a person who has
2059	refused to submit to a breath, urine, or blood test authorized
2060	by s. 322.63 or s. 316.1932 arising out of the operation or
2061	actual physical control of a commercial motor vehicle. A law
2062	enforcement officer or correctional officer shall, on behalf of
2063	the department, disqualify the holder of a commercial driver's
2064	license from operating any commercial motor vehicle if the
2065	licenseholder, while operating or in actual physical control of
2066	a motor vehicle, is arrested for a violation of s. 316.193,
2067	relating to unlawful blood-alcohol level or breath-alcohol
2068	level, or refused to submit to a breath, urine, or blood test
2069	authorized by s. 322.63 or s. 316.1932. Upon disqualification of
2070	the person, the officer shall take the person's driver's license
2071	and issue the person a 10-day temporary permit for the operation
2072	of noncommercial vehicles only if the person is otherwise
2073	eligible for the driving privilege and shall issue the person a
2074	notice of disqualification. If the person has been given a
2075	blood, breath, or urine test, the results of which are not
2076	available to the officer at the time of the arrest, the agency
2077	employing the officer shall transmit such results to the
2078	department within 5 days after receipt of the results. If the
2079	department then determines that the person had a blood-alcohol
2080	level or breath-alcohol level of 0.08 or higher, the department
2081	shall disqualify the person from operating a commercial motor
2082	vehicle pursuant to subsection (3).
2083	(b)  For purposes of determining the period of
2084	disqualification described in 49 C.F.R. s. 383.51,
2085	disqualifications listed in paragraph (a) shall be treated as
2086	convictions.
2087	(c)(b)  The disqualification under paragraph (a) shall be
2088	pursuant to, and the notice of disqualification shall inform the
2089	driver of, the following:
2090	1.a.  The driver refused to submit to a lawful breath,
2091	blood, or urine test and he or she is disqualified from
2092	operating a commercial motor vehicle for the time period
2093	specified in 49 C.F.R. s. 383.51 a period of 1 year, for a first
2094	refusal, or permanently, if he or she has previously been
2095	disqualified under this section; or
2096	b.  The driver had an unlawful blood-alcohol or breath-
2097	alcohol level of 0.08 or higher while driving or in actual
2098	physical control of a commercial motor vehicle, or any motor
2099	vehicle if the driver holds a commercial driver license, and is
2100	disqualified for the time period specified in 49 C.F.R. s.
2101	383.51. The driver was driving or in actual physical control of
2102	a commercial motor vehicle, or any motor vehicle if the driver
2103	holds a commercial driver's license, had an unlawful blood-
2104	alcohol level or breath-alcohol level of 0.08 or higher, and his
2105	or her driving privilege shall be disqualified for a period of 1
2106	year for a first offense or permanently disqualified if his or
2107	her driving privilege has been previously disqualified under
2108	this section.
2109	2.  The disqualification period for operating commercial
2110	vehicles shall commence on the date of issuance of the notice of
2111	disqualification.
2112	3.  The driver may request a formal or informal review of
2113	the disqualification by the department within 10 days after the
2114	date of issuance of the notice of disqualification.
2115	4.  The temporary permit issued at the time of
2116	disqualification expires at midnight of the 10th day following
2117	the date of disqualification.
2118	5.  The driver may submit to the department any materials
2119	relevant to the disqualification.
2120	(4)  If the person disqualified requests an informal review
2121	pursuant to subparagraph (1)(c)(b)3., the department shall
2122	conduct the informal review by a hearing officer employed by the
2123	department. Such informal review hearing shall consist solely of
2124	an examination by the department of the materials submitted by a
2125	law enforcement officer or correctional officer and by the
2126	person disqualified, and the presence of an officer or witness
2127	is not required.
2128	(7)  In a formal review hearing under subsection (6) or an
2129	informal review hearing under subsection (4), the hearing
2130	officer shall determine by a preponderance of the evidence
2131	whether sufficient cause exists to sustain, amend, or invalidate
2132	the disqualification. The scope of the review shall be limited
2133	to the following issues:
2134	(a)  If the person was disqualified from operating a
2135	commercial motor vehicle for driving with an unlawful blood-
2136	alcohol level:
2137	1.  Whether the arresting law enforcement officer had
2138	probable cause to believe that the person was driving or in
2139	actual physical control of a commercial motor vehicle, or any
2140	motor vehicle if the driver holds a commercial driver's license,
2141	in this state while he or she had any alcohol, chemical
2142	substances, or controlled substances in his or her body.
2143	2.  Whether the person had an unlawful blood-alcohol level
2144	or breath-alcohol level of 0.08 or higher.
2145	(b)  If the person was disqualified from operating a
2146	commercial motor vehicle for refusal to submit to a breath,
2147	blood, or urine test:
2148	1.  Whether the law enforcement officer had probable cause
2149	to believe that the person was driving or in actual physical
2150	control of a commercial motor vehicle, or any motor vehicle if
2151	the driver holds a commercial driver's license, in this state
2152	while he or she had any alcohol, chemical substances, or
2153	controlled substances in his or her body.
2154	2.  Whether the person refused to submit to the test after
2155	being requested to do so by a law enforcement officer or
2156	correctional officer.
2157	3.  Whether the person was told that if he or she refused
2158	to submit to such test he or she would be disqualified from
2159	operating a commercial motor vehicle for a period of 1 year or,
2160	if previously disqualified under this section, permanently.
2161	(8)  Based on the determination of the hearing officer
2162	pursuant to subsection (7) for both informal hearings under
2163	subsection (4) and formal hearings under subsection (6), the
2164	department shall:
2165	(a)  sustain the disqualification for the time period
2166	described in 49 C.F.R. s. 383.51 a period of 1 year for a first
2167	refusal, or permanently if such person has been previously
2168	disqualified from operating a commercial motor vehicle under
2169	this section. The disqualification period commences on the date
2170	of the issuance of the notice of disqualification.
2171	(b)  Sustain the disqualification:
2172	1.  For a period of 1 year if the person was driving or in
2173	actual physical control of a commercial motor vehicle, or any
2174	motor vehicle if the driver holds a commercial driver's license,
2175	and had an unlawful blood-alcohol level or breath-alcohol level
2176	of 0.08 or higher; or
2177	2.  Permanently if the person has been previously
2178	disqualified from operating a commercial motor vehicle under
2179	this section or his or her driving privilege has been previously
2180	suspended for driving or being in actual physical control of a
2181	commercial motor vehicle, or any motor vehicle if the driver
2182	holds a commercial driver's license, and had an unlawful blood-
2183	alcohol level or breath-alcohol level of 0.08 or higher.
2184
2185	The disqualification period commences on the date of the
2186	issuance of the notice of disqualification.
2187	(11)  The formal review hearing may be conducted upon a
2188	review of the reports of a law enforcement officer or a
2189	correctional officer, including documents relating to the
2190	administration of a breath test or blood test or the refusal to
2191	take a breath, blood, or urine either test. However, as provided
2192	in subsection (6), the driver may subpoena the officer or any
2193	person who administered or analyzed a breath or blood test.
2194	Section 61.  Section 328.30, Florida Statutes, is amended
2195	to read:
2196	328.30  Transactions by electronic or telephonic means.-
2197	(1)  The department may is authorized to accept any
2198	application provided for under this chapter by electronic or
2199	telephonic means.
2200	(2)  The department may issue an electronic certificate of
2201	title in lieu of printing a paper title.
2202	(3)  The department may collect and use electronic mail
2203	addresses for the purpose of providing renewal notices in lieu
2204	of the United States Postal Service.
2205	Section 62.  Subsection (2) of section 413.012, Florida
2206	Statutes, is amended to read:
2207	413.012  Confidential records disclosure prohibited;
2208	exemptions.-
2209	(2)  It is unlawful for any person to disclose, authorize
2210	the disclosure, solicit, receive, or make use of any list of
2211	names and addresses or any record containing any information set
2212	forth in subsection (1) and maintained in the division. The
2213	prohibition provided for in this subsection shall not apply to
2214	the use of such information for purposes directly connected with
2215	the administration of the vocational rehabilitation program or
2216	with the monthly dispatch to the Division of Driver Licenses of
2217	the Department of Highway Safety and Motor Vehicles of the name
2218	in full, place and date of birth, sex, social security number,
2219	and resident address of individuals with central visual acuity
2220	20/200 or less in the better eye with correcting glasses, or a
2221	disqualifying field defect in which the peripheral field has
2222	contracted to such an extent that the widest diameter or visual
2223	field subtends an angular distance no greater than 20 degrees.
2224	When requested in writing by an applicant or client, or her or
2225	his representative, the Division of Blind Services shall release
2226	confidential information to the applicant or client or her or
2227	his representative.
2228	Section 63.  Except as otherwise expressly provided in this
2229	act, this act shall take effect July 1, 2011.

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