CS/HB 1353

1
A bill to be entitled
2An act relating to the Department of Highway Safety and
3Motor Vehicles; amending s. 20.24, F.S.; specifying that
4the executive director of the department serves at the
5pleasure of the Governor and Cabinet; creating a Division
6of Motorist Services within the department; eliminating
7the Division of Driver Licenses and the Division of Motor
8Vehicles; amending s. 261.03, F.S.; conforming cross-
9references; amending s. 288.816, F.S., relating to Consul
10Corps license plates; conforming a reference; amending s.
11311.121, F.S., relating to membership of the Seaport
12Security Officer Qualification, Training, and Standards
13Coordinating Council; conforming provisions to changes
14made by the act; reenacting s. 316.065(4), F.S., relating
15to crash reports, to incorporate changes made to s.
16316.066, F.S., by chapter 2010-163, Laws of Florida;
17amending s. 316.1933, F.S.; authorizing a health care
18provider to notify a law enforcement agency after
19detecting the presence of a controlled substance in the
20blood of a person injured in a motor vehicle crash;
21amending s. 316.1957, F.S., relating to parking
22violations; conforming a reference; amending s. 316.2085,
23F.S.; requiring the license tag of a motorcycle or moped
24to remain clearly visible from the rear; prohibiting
25deliberate acts to conceal or obscure the tag; amending
26ss. 316.2122, 316.2124, 316.21265, 316.3026, and 316.550,
27F.S., relating to the operation of low-speed vehicles,
28motorized disability access vehicles, and all-terrain or
29utility vehicles, the unlawful operation of motor
30carriers, and special permits, respectively; conforming
31cross-references; amending s. 316.545, F.S.; providing for
32the regulation of apportionable vehicles; amending s.
33317.0003, F.S., relating to off-highway vehicles;
34conforming a cross-reference; amending s. 317.0016, F.S.;
35eliminating a requirement that the department provide
36expedited service for certificates of repossession;
37amending s. 318.14, F.S.; clarifying provisions
38authorizing a person cited for a noncriminal traffic
39infraction to elect to attend a driver improvement course
40or enter a plea of nolo contendere; amending s. 318.15,
41F.S., relating to the suspension of driving privileges;
42conforming a reference; amending s. 319.14, F.S.;
43prohibiting a person from knowingly offering for sale,
44selling, or exchanging certain vehicles unless the
45department has stamped in a conspicuous place on the
46certificate of title words stating that the vehicle is a
47custom vehicle or street rod vehicle; defining the terms
48"custom vehicle" and "street rod"; providing requirements
49for inspection and issuance of a rebuilt title; amending
50s. 319.225, F.S.; revising provisions for vehicle
51certificates of title; revising requirements for the
52transfer and reassignment forms for vehicles; revising
53dealer submission requirements; requiring a dealer selling
54a vehicle out of state to mail a copy of the power of
55attorney form to the department; providing for the
56electronic transfer of a vehicle title; amending s.
57319.23, F.S.; providing for the application for a
58certificate of title, corrected certificate, or assignment
59or reassignment to be filed from the consummation of the
60sale of a mobile home; authorizing the department to
61accept a bond if the applicant for a certificate of title
62is unable to provide a title that assigns the prior
63owner's interest in the motor vehicle; providing
64requirements for the bond and the affidavit; providing for
65future expiration of the bond; amending s. 319.28, F.S.;
66eliminating certain requirements that a lienholder obtain
67a certificate of repossession following repossession of a
68vehicle or mobile home; amending s. 319.323, F.S.,
69relating to title offices for expedited service;
70conforming provisions to changes made by the act; amending
71s. 319.40, F.S.; authorizing the department to issue
72electronic certificates of title and use electronic mail
73addresses for purposes of notification; amending s.
74320.01, F.S.; revising definitions; excluding special
75mobile equipment from the meaning of the term "motor
76vehicle"; deleting an obsolete definition; revising the
77gross vehicle weight for purposes of defining the terms
78"apportionable vehicle" and "commercial motor vehicle";
79amending s. 320.02, F.S.; providing that an active-duty
80military member is exempt from the requirement to provide
81an address on an application for vehicle registration;
82requiring that a Florida driver's license or
83identification card be changed following a change of
84residence or mailing address before the vehicle
85registration is changed; requiring that the department
86retain certain records for a specified period; amending s.
87320.023, F.S.; authorizing the department to retain
88certain proceeds derived from the voluntary contributions
89program to cover certain specified costs to the
90department; amending s. 320.03, F.S., relating to the
91International Registration Plan; conforming provisions to
92changes made by the act; amending s. 320.05, F.S.;
93deleting a provision requiring that the department provide
94a procedures manual for a fee; clarifying that the
95creation and maintenance of records by the Division of
96Motorist Services is not a law enforcement function of
97agency recordkeeping; amending s. 320.06, F.S.;
98authorizing the department to conduct a pilot program to
99evaluate alternative license plate technologies for use on
100government-owned motor vehicles; exempting plates in the
101pilot program from specified license plate design and
102construction requirements; specifying that all license
103plates issued by the department are the property of the
104state; amending s. 320.061, F.S.; providing that it is a
105noncriminal traffic infraction to alter a temporary
106license plate; amending s. 320.071, F.S.; providing for
107the renewal of registration for an apportionable vehicle
108that is registered under the International Registration
109Plan; amending s. 320.0715, F.S.; clarifying provisions
110requiring the registration of apportionable vehicles under
111the International Registration Plan; amending s. 320.08,
112F.S., relating to license taxes; conforming cross-
113references; amending s. 320.0847, F.S., relating to
114license plates for mini trucks and low-speed vehicles;
115conforming cross-references; amending s. 320.0848, F.S.;
116revising the requirements for the deposit of fee proceeds
117from temporary disabled parking permits; amending s.
118320.089, F.S.; providing for the issuance of a Combat
119Infantry Badge license plate; providing qualifications and
120requirements for the plate; providing for the use of
121proceeds from the sale of the plate; amending s. 320.275,
122F.S., relating to the Automobile Dealers Industry Advisory
123Board; conforming provisions to the elimination of the
124Division of Motor Vehicles within the department; amending
125s. 320.95, F.S.; authorizing the department to use
126electronic mail addresses for the purpose of providing
127license renewal notices; amending s. 321.02, F.S.;
128designating the director of the Division of Highway Patrol
129of the department as the Colonel of the Florida Highway
130Patrol; amending s. 322.02, F.S.; providing for a director
131of the Division of Motorist Services; amending s. 322.04,
132F.S.; revising provisions exempting a nonresident from the
133requirement to obtain a driver's license under certain
134circumstances; amending s. 322.051, F.S.; revising
135requirements by which an applicant for an identification
136card may prove nonimmigrant classification; clarifying the
137validity of an identification card based on specified
138documents; amending s. 322.058, F.S., relating to renewal
139of motor vehicle registration; conforming a cross-
140reference; amending s. 322.065, F.S.; revising the period
141of expiration that constitutes the offense of driving with
142an expired driver's license; amending s. 322.07, F.S.;
143revising qualifications for obtaining a temporary
144commercial instruction permit; amending s. 322.08, F.S.;
145revising requirements by which an applicant for a driver's
146license may prove nonimmigrant classification; clarifying
147the validity of a license based on specified documents;
148authorizing the department to use electronic mail
149addresses for the purposes of providing license renewal
150notices; amending s. 322.081, F.S.; authorizing the
151department to retain certain proceeds derived from the
152voluntary contributions made on driver's license
153applications to cover certain specified costs to the
154department; amending s. 322.12, F.S.; deleting provisions
155requiring a separate examination for applicants for a
156license to operate a motorcycle; requiring that the
157motorcycle safety course for a first-time applicant
158include a final examination; requiring that completion of
159the course be indicated on the license; amending s.
160322.121, F.S.; clarifying provisions authorizing the
161automatic extension of a license for members of the Armed
162Forces or their dependents while serving on active duty
163outside the state; amending s. 322.14, F.S.; deleting a
164requirement that applicants for specified licenses appear
165in person for issuance of a color photographic or digital
166imaged driver's license; providing for the department to
167suspend a person's driver's license for violating certain
168restrictions on his or her authorization to drive;
169amending s. 322.20, F.S., relating to department records;
170conforming provisions to changes made by the act; amending
171s. 322.202, F.S.; clarifying that the Division of Motorist
172Services is not a law enforcement agency; amending s.
173322.21, F.S.; conforming provisions to changes made by the
174act; authorizing a driver to renew his or her driver's
175license during a specified period before the license
176expiration date; amending s. 322.22, F.S.; clarifying
177provisions authorizing the department to cancel a driver's
178license; authorizing the department to cancel a license
179upon determining that the licensee is not entitled to the
180license; amending s. 322.2615, F.S., relating to a
181person's right to review of a license suspension; revising
182provisions for a formal review hearing and enforcement of
183a subpoena; amending s. 322.53, F.S.; revising provisions
184exempting certain farmers and drivers who operate straight
185trucks from the requirement to obtain a commercial
186driver's license; amending s. 322.54, F.S.; requiring that
187the weight of a commercial motor vehicle be based on the
188vehicle's actual weight under certain circumstances;
189repealing s. 322.58, F.S., relating to holders of
190chauffeur's licenses; amending s. 322.59, F.S.; requiring
191that the department disqualify a driver holding a
192commercial driver's license who fails to comply with
193specified federal certification requirements; amending s.
194322.61, F.S.; providing that the holder of a commercial
195driver's license is permanently disqualified from
196operating a commercial motor vehicle following two
197violations of specified offenses committed while operating
198any vehicle; amending s. 322.64, F.S.; providing that a
199notice of disqualification from operating a commercial
200motor vehicle acts as a conviction for purposes of certain
201federal restrictions imposed for the offense of operating
202a commercial motor vehicle while under the influence of
203alcohol; deleting provisions authorizing the department to
204impose certain alternative restrictions for such offense;
205amending s. 328.30, F.S.; authorizing the department to
206issue electronic certificates of title for vessels and use
207electronic mail addresses for purposes of providing
208renewal notices; amending s. 413.012, F.S., relating to a
209prohibition on disclosing confidential records held by the
210department; conforming provisions to changes made by the
211act; amending s. 713.78, F.S., relating to renewal of
212motor vehicle registration; conforming a cross-reference;
213providing effective dates.
214
215Be It Enacted by the Legislature of the State of Florida:
216
217     Section 1.  Section 20.24, Florida Statutes, is amended to
218read:
219     20.24  Department of Highway Safety and Motor Vehicles.-
220There is created a Department of Highway Safety and Motor
221Vehicles.
222     (1)  The head of the Department of Highway Safety and Motor
223Vehicles is the Governor and Cabinet. An executive director
224shall serve at the pleasure of the Governor and Cabinet. The
225executive director may establish a command, operational, and
226administrative services structure to assist, manage, and support
227the department in operating programs and delivering services.
228     (2)  The following divisions, and bureaus within the
229divisions, of the Department of Highway Safety and Motor
230Vehicles are established:
231     (a)  Division of the Florida Highway Patrol.
232     (b)  Division of Motorist Services.
233     (b)  Division of Driver Licenses.
234     (c)  Division of Motor Vehicles.
235     Section 2.  Subsection (9) of section 261.03, Florida
236Statutes, is amended to read:
237     261.03  Definitions.-As used in this chapter, the term:
238     (9)  "ROV" means any motorized recreational off-highway
239vehicle 64 inches or less in width, having a dry weight of 2,000
240pounds or less, designed to travel on four or more nonhighway
241tires, having nonstraddle seating and a steering wheel, and
242manufactured for recreational use by one or more persons. The
243term "ROV" does not include a golf cart as defined in ss.
244320.01(22) and 316.003(68) or a low-speed vehicle as defined in
245s. 320.01(42).
246     Section 3.  Paragraph (e) of subsection (2) of section
247288.816, Florida Statutes, is amended to read:
248     288.816  Intergovernmental relations.-
249     (2)  The Office of Tourism, Trade, and Economic Development
250shall be responsible for all consular relations between the
251state and all foreign governments doing business in Florida. The
252office shall monitor United States laws and directives to ensure
253that all federal treaties regarding foreign privileges and
254immunities are properly observed. The office shall promulgate
255rules which shall:
256     (e)  Verify entitlement to issuance of special motor
257vehicle license plates by the Division of Motor Vehicles of the
258Department of Highway Safety and Motor Vehicles to honorary
259consuls or such other officials representing foreign governments
260who are not entitled to issuance of special Consul Corps license
261plates by the United States Government.
262     Section 4.  Paragraph (a) of subsection (3) of section
263311.121, Florida Statutes, is amended to read:
264     311.121  Qualifications, training, and certification of
265licensed security officers at Florida seaports.-
266     (3)  The Seaport Security Officer Qualification, Training,
267and Standards Coordinating Council is created under the
268Department of Law Enforcement.
269     (a)  The executive director of the Department of Law
270Enforcement shall appoint 11 members to the council, to include:
271     1.  The seaport administrator of the Department of Law
272Enforcement.
273     2.  The Commissioner of Education or his or her designee.
274     3.  The director of the Division of Licensing of the
275Department of Agriculture and Consumer Services.
276     4.  The administrator of the Florida Seaport Transportation
277and Economic Development Council.
278     5.  Two seaport security directors from seaports designated
279under s. 311.09.
280     6.  One director of a state law enforcement academy.
281     7.  One representative of a local law enforcement agency.
282     8.  Two representatives of contract security services.
283     9.  One representative of the Division of Driver Licenses
284of the Department of Highway Safety and Motor Vehicles.
285     Section 5.  For the purpose of incorporating the amendment
286made by chapter 2010-163, Laws of Florida, to section 316.066,
287Florida Statutes, in a reference thereto, subsection (4) of
288section 316.065, Florida Statutes, is reenacted retroactive to
289July 1, 2010, to read:
290     316.065  Crashes; reports; penalties.-
291     (4)  Any person who knowingly repairs a motor vehicle
292without having made a report as required by subsection (3) is
293guilty of a misdemeanor of the first degree, punishable as
294provided in s. 775.082 or s. 775.083. The owner and driver of a
295vehicle involved in a crash who makes a report thereof in
296accordance with subsection (1) or s. 316.066(1) is not liable
297under this section.
298     Section 6.  Subsection (1) of section 316.066, Florida
299Statutes, as amended by chapter 2010-163, Laws of Florida,
300reads:
301     316.066  Written reports of crashes.-
302     (1)(a)  A Florida Traffic Crash Report, Long Form is
303required to be completed and submitted to the department within
30410 days after completing an investigation by every law
305enforcement officer who in the regular course of duty
306investigates a motor vehicle crash:
307     1.  That resulted in death or personal injury.
308     2.  That involved a violation of s. 316.061(1) or s.
309316.193.
310     3.  In which a vehicle was rendered inoperative to a degree
311that required a wrecker to remove it from traffic, if such
312action is appropriate, in the officer's discretion.
313     (b)  In every crash for which a Florida Traffic Crash
314Report, Long Form is not required by this section, the law
315enforcement officer may complete a short-form crash report or
316provide a short-form crash report to be completed by each party
317involved in the crash. The short-form report must include:
318     1.  The date, time, and location of the crash.
319     2.  A description of the vehicles involved.
320     3.  The names and addresses of the parties involved.
321     4.  The names and addresses of witnesses.
322     5.  The name, badge number, and law enforcement agency of
323the officer investigating the crash.
324     6.  The names of the insurance companies for the respective
325parties involved in the crash.
326     (c)  Each party to the crash shall provide the law
327enforcement officer with proof of insurance to be included in
328the crash report. If a law enforcement officer submits a report
329on the accident, proof of insurance must be provided to the
330officer by each party involved in the crash. Any party who fails
331to provide the required information commits a noncriminal
332traffic infraction, punishable as a nonmoving violation as
333provided in chapter 318, unless the officer determines that due
334to injuries or other special circumstances such insurance
335information cannot be provided immediately. If the person
336provides the law enforcement agency, within 24 hours after the
337crash, proof of insurance that was valid at the time of the
338crash, the law enforcement agency may void the citation.
339     (d)  The driver of a vehicle that was in any manner
340involved in a crash resulting in damage to any vehicle or other
341property in an amount of $500 or more, which crash was not
342investigated by a law enforcement agency, shall, within 10 days
343after the crash, submit a written report of the crash to the
344department or traffic records center. The entity receiving the
345report may require witnesses of crashes to render reports and
346may require any driver of a vehicle involved in a crash of which
347a written report must be made as provided in this section to
348file supplemental written reports whenever the original report
349is deemed insufficient by the receiving entity.
350     (e)  Short-form crash reports prepared by law enforcement
351shall be maintained by the law enforcement officer's agency.
352     Section 7.  Paragraph (a) of subsection (2) of section
353316.1933, Florida Statutes, is amended to read:
354     316.1933  Blood test for impairment or intoxication in
355cases of death or serious bodily injury; right to use reasonable
356force.-
357     (2)(a)  Only a physician, certified paramedic, registered
358nurse, licensed practical nurse, other personnel authorized by a
359hospital to draw blood, or duly licensed clinical laboratory
360director, supervisor, technologist, or technician, acting at the
361request of a law enforcement officer, may withdraw blood for the
362purpose of determining the alcoholic content thereof or the
363presence of chemical substances or controlled substances
364therein. However, the failure of a law enforcement officer to
365request the withdrawal of blood shall not affect the
366admissibility of a test of blood withdrawn for medical purposes.
367     1.  Notwithstanding any provision of law pertaining to the
368confidentiality of hospital records or other medical records, if
369a health care provider, who is providing medical care in a
370health care facility to a person injured in a motor vehicle
371crash, becomes aware, as a result of any blood test performed in
372the course of that medical treatment, that the person's blood-
373alcohol level meets or exceeds the blood-alcohol level specified
374in s. 316.193(1)(b), or detects the presence of a controlled
375substance listed in chapter 893, the health care provider may
376notify any law enforcement officer or law enforcement agency.
377Any such notice must be given within a reasonable time after the
378health care provider receives the test result. Any such notice
379shall be used only for the purpose of providing the law
380enforcement officer with reasonable cause to request the
381withdrawal of a blood sample pursuant to this section.
382     2.  The notice shall consist only of the name of the person
383being treated, the name of the person who drew the blood, the
384blood-alcohol level indicated by the test, and the date and time
385of the administration of the test.
386     3.  Nothing contained in s. 395.3025(4), s. 456.057, or any
387applicable practice act affects the authority to provide notice
388under this section, and the health care provider is not
389considered to have breached any duty owed to the person under s.
390395.3025(4), s. 456.057, or any applicable practice act by
391providing notice or failing to provide notice. It shall not be a
392breach of any ethical, moral, or legal duty for a health care
393provider to provide notice or fail to provide notice.
394     4.  A civil, criminal, or administrative action may not be
395brought against any person or health care provider participating
396in good faith in the provision of notice or failure to provide
397notice as provided in this section. Any person or health care
398provider participating in the provision of notice or failure to
399provide notice as provided in this section shall be immune from
400any civil or criminal liability and from any professional
401disciplinary action with respect to the provision of notice or
402failure to provide notice under this section. Any such
403participant has the same immunity with respect to participating
404in any judicial proceedings resulting from the notice or failure
405to provide notice.
406     Section 8.  Section 316.1957, Florida Statutes, is amended
407to read:
408     316.1957  Parking violations; designated parking spaces for
409persons who have disabilities.-When evidence is presented in any
410court of the fact that any motor vehicle was parked in a
411properly designated parking space for persons who have
412disabilities in violation of s. 316.1955, it is prima facie
413evidence that the vehicle was parked and left in the space by
414the person, firm, or corporation in whose name the vehicle is
415registered and licensed according to the records of the
416department Division of Motor Vehicles.
417     Section 9.  Subsection (3) of section 316.2085, Florida
418Statutes, is amended to read:
419     316.2085  Riding on motorcycles or mopeds.-
420     (3)  The license tag of a motorcycle or moped must be
421permanently affixed to the vehicle and remain clearly visible
422from the rear at all times may not be adjusted or capable of
423being flipped up. Any deliberate act to conceal or obscure No
424device for or method of concealing or obscuring the legibility
425of the license tag of a motorcycle is prohibited shall be
426installed or used. The license tag of a motorcycle or moped may
427be affixed horizontally to the ground so that the numbers and
428letters read from left to right. Alternatively, a license tag
429for a motorcycle or moped for which the numbers and letters read
430from top to bottom may be affixed perpendicularly to the ground,
431provided that the registered owner of the motorcycle or moped
432maintains a prepaid toll account in good standing and a
433transponder associated with the prepaid toll account is affixed
434to the motorcycle or moped.
435     Section 10.  Section 316.2122, Florida Statutes, is amended
436to read:
437     316.2122  Operation of a low-speed vehicle or mini truck on
438certain roadways.-The operation of a low-speed vehicle as
439defined in s. 320.01(42) or a mini truck as defined in s.
440320.01(45) on any road as defined in s. 334.03(15) or (33) is
441authorized with the following restrictions:
442     (1)  A low-speed vehicle or mini truck may be operated only
443on streets where the posted speed limit is 35 miles per hour or
444less. This does not prohibit a low-speed vehicle or mini truck
445from crossing a road or street at an intersection where the road
446or street has a posted speed limit of more than 35 miles per
447hour.
448     (2)  A low-speed vehicle must be equipped with headlamps,
449stop lamps, turn signal lamps, taillamps, reflex reflectors,
450parking brakes, rearview mirrors, windshields, seat belts, and
451vehicle identification numbers.
452     (3)  A low-speed vehicle or mini truck must be registered
453and insured in accordance with s. 320.02 and titled pursuant to
454chapter 319.
455     (4)  Any person operating a low-speed vehicle or mini truck
456must have in his or her possession a valid driver's license.
457     (5)  A county or municipality may prohibit the operation of
458low-speed vehicles or mini trucks on any road under its
459jurisdiction if the governing body of the county or municipality
460determines that such prohibition is necessary in the interest of
461safety.
462     (6)  The Department of Transportation may prohibit the
463operation of low-speed vehicles or mini trucks on any road under
464its jurisdiction if it determines that such prohibition is
465necessary in the interest of safety.
466     Section 11.  Section 316.2124, Florida Statutes, is amended
467to read:
468     316.2124  Motorized disability access vehicles.-The
469Department of Highway Safety and Motor Vehicles is directed to
470provide, by rule, for the regulation of motorized disability
471access vehicles as described in s. 320.01(34). The department
472shall provide that motorized disability access vehicles shall be
473registered in the same manner as motorcycles and shall pay the
474same registration fee as for a motorcycle. There shall also be
475assessed, in addition to the registration fee, a $2.50 surcharge
476for motorized disability access vehicles. This surcharge shall
477be paid into the Highway Safety Operating Trust Fund. Motorized
478disability access vehicles shall not be required to be titled by
479the department. The department shall require motorized
480disability access vehicles to be subject to the same safety
481requirements as set forth in this chapter for motorcycles.
482     Section 12.  Subsection (1) of section 316.21265, Florida
483Statutes, is amended to read:
484     316.21265  Use of all-terrain vehicles, golf carts, low-
485speed vehicles, or utility vehicles by law enforcement
486agencies.-
487     (1)  Notwithstanding any provision of law to the contrary,
488any law enforcement agency in this state may operate all-terrain
489vehicles as defined in s. 316.2074, golf carts as defined in s.
490320.01(22), low-speed vehicles as defined in s. 320.01(42), or
491utility vehicles as defined in s. 320.01(43) on any street,
492road, or highway in this state while carrying out its official
493duties.
494     Section 13.  Subsection (1) of section 316.3026, Florida
495Statutes, is amended to read:
496     316.3026  Unlawful operation of motor carriers.-
497     (1)  The Office of Motor Carrier Compliance of the
498Department of Transportation may issue out-of-service orders to
499motor carriers, as defined in s. 320.01(33), who have after
500proper notice failed to pay any penalty or fine assessed by the
501department, or its agent, against any owner or motor carrier for
502violations of state law, refused to submit to a compliance
503review and provide records pursuant to s. 316.302(5) or s.
504316.70, or violated safety regulations pursuant to s. 316.302 or
505insurance requirements found in s. 627.7415. Such out-of-service
506orders shall have the effect of prohibiting the operations of
507any motor vehicles owned, leased, or otherwise operated by the
508motor carrier upon the roadways of this state, until such time
509as the violations have been corrected or penalties have been
510paid. Out-of-service orders issued under this section must be
511approved by the Secretary of Transportation or his or her
512designee. An administrative hearing pursuant to s. 120.569 shall
513be afforded to motor carriers subject to such orders.
514     Section 14.  Subsection (3) of section 316.545, Florida
515Statutes, is amended to read:
516     316.545  Weight and load unlawful; special fuel and motor
517fuel tax enforcement; inspection; penalty; review.-
518     (3)  Any person who violates the overloading provisions of
519this chapter shall be conclusively presumed to have damaged the
520highways of this state by reason of such overloading, which
521damage is hereby fixed as follows:
522     (a)  When the excess weight is 200 pounds or less than the
523maximum herein provided, the penalty shall be $10;
524     (b)  Five cents per pound for each pound of weight in
525excess of the maximum herein provided when the excess weight
526exceeds 200 pounds. However, whenever the gross weight of the
527vehicle or combination of vehicles does not exceed the maximum
528allowable gross weight, the maximum fine for the first 600
529pounds of unlawful axle weight shall be $10;
530     (c)  For a vehicle equipped with fully functional idle-
531reduction technology, any penalty shall be calculated by
532reducing the actual gross vehicle weight or the internal bridge
533weight by the certified weight of the idle-reduction technology
534or by 400 pounds, whichever is less. The vehicle operator must
535present written certification of the weight of the idle-
536reduction technology and must demonstrate or certify that the
537idle-reduction technology is fully functional at all times. This
538calculation is not allowed for vehicles described in s.
539316.535(6);
540     (d)  An apportionable apportioned motor vehicle, as defined
541in s. 320.01, operating on the highways of this state without
542being properly licensed and registered shall be subject to the
543penalties as herein provided; and
544     (e)  Vehicles operating on the highways of this state from
545nonmember International Registration Plan jurisdictions which
546are not in compliance with the provisions of s. 316.605 shall be
547subject to the penalties as herein provided.
548     Section 15.  Paragraph (a) of subsection (5) and subsection
549(10) of section 316.550, Florida Statutes, are amended to read:
550     316.550  Operations not in conformity with law; special
551permits.-
552     (5)(a)  The Department of Transportation may issue a
553wrecker special blanket permit to authorize a wrecker as defined
554in s. 320.01(40) to tow a disabled vehicle as defined in s.
555320.01(38) where the combination of the wrecker and the disabled
556vehicle being towed exceeds the maximum weight limits as
557established by s. 316.535.
558     (10)  Whenever any motor vehicle, or the combination of a
559wrecker as defined in s. 320.01(40) and a towed motor vehicle,
560exceeds any weight or dimensional criteria or special
561operational or safety stipulation contained in a special permit
562issued under the provisions of this section, the penalty
563assessed to the owner or operator shall be as follows:
564     (a)  For violation of weight criteria contained in a
565special permit, the penalty per pound or portion thereof
566exceeding the permitted weight shall be as provided in s.
567316.545.
568     (b)  For each violation of dimensional criteria in a
569special permit, the penalty shall be as provided in s. 316.516
570and penalties for multiple violations of dimensional criteria
571shall be cumulative except that the total penalty for the
572vehicle shall not exceed $1,000.
573     (c)  For each violation of an operational or safety
574stipulation in a special permit, the penalty shall be an amount
575not to exceed $1,000 per violation and penalties for multiple
576violations of operational or safety stipulations shall be
577cumulative except that the total penalty for the vehicle shall
578not exceed $1,000.
579     (d)  For violation of any special condition that has been
580prescribed in the rules of the Department of Transportation and
581declared on the permit, the vehicle shall be determined to be
582out of conformance with the permit and the permit shall be
583declared null and void for the vehicle, and weight and
584dimensional limits for the vehicle shall be as established in s.
585316.515 or s. 316.535, whichever is applicable, and:
586     1.  For weight violations, a penalty as provided in s.
587316.545 shall be assessed for those weights which exceed the
588limits thus established for the vehicle; and
589     2.  For dimensional, operational, or safety violations, a
590penalty as established in paragraph (c) or s. 316.516, whichever
591is applicable, shall be assessed for each nonconforming
592dimensional, operational, or safety violation and the penalties
593for multiple violations shall be cumulative for the vehicle.
594     Section 16.  Subsection (9) of section 317.0003, Florida
595Statutes, is amended to read:
596     317.0003  Definitions.-As used in this chapter, the term:
597     (9)  "ROV" means any motorized recreational off-highway
598vehicle 64 inches or less in width, having a dry weight of 2,000
599pounds or less, designed to travel on four or more nonhighway
600tires, having nonstraddle seating and a steering wheel, and
601manufactured for recreational use by one or more persons. The
602term "ROV" does not include a golf cart as defined in ss.
603320.01(22) and 316.003(68) or a low-speed vehicle as defined in
604s. 320.01(42).
605     Section 17.  Section 317.0016, Florida Statutes, is amended
606to read:
607     317.0016  Expedited service; applications; fees.-The
608department shall provide, through its agents and for use by the
609public, expedited service on title transfers, title issuances,
610duplicate titles, and recordation of liens, and certificates of
611repossession. A fee of $7 shall be charged for this service,
612which is in addition to the fees imposed by ss. 317.0007 and
613317.0008, and $3.50 of this fee shall be retained by the
614processing agency. All remaining fees shall be deposited in the
615Incidental Trust Fund of the Division of Forestry of the
616Department of Agriculture and Consumer Services. Application for
617expedited service may be made by mail or in person. The
618department shall issue each title applied for pursuant to this
619section within 5 working days after receipt of the application
620except for an application for a duplicate title certificate
621covered by s. 317.0008(3), in which case the title must be
622issued within 5 working days after compliance with the
623department's verification requirements.
624     Section 18.  Subsection (9) and paragraph (a) of subsection
625(10) of section 318.14, Florida Statutes, are amended to read:
626     318.14  Noncriminal traffic infractions; exception;
627procedures.-
628     (9)  Any person who does not hold a commercial driver's
629license and who is cited while driving a noncommercial motor
630vehicle for an infraction under this section other than a
631violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
632driver exceeds the posted limit by 30 miles per hour or more, s.
633320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
634322.61, or s. 322.62 may, in lieu of a court appearance, elect
635to attend in the location of his or her choice within this state
636a basic driver improvement course approved by the Department of
637Highway Safety and Motor Vehicles. In such a case, adjudication
638must be withheld and points, as provided by s. 322.27, may not
639be assessed. However, a person may not make an election under
640this subsection if the person has made an election under this
641subsection in the preceding 12 months. A person may make no more
642than five elections within his or her lifetime under this
643subsection. The requirement for community service under s.
644318.18(8) is not waived by a plea of nolo contendere or by the
645withholding of adjudication of guilt by a court. If a person
646makes an election to attend a basic driver improvement course
647under this subsection, 18 percent of the civil penalty imposed
648under s. 318.18(3) shall be deposited in the State Courts
649Revenue Trust Fund; however, that portion is not revenue for
650purposes of s. 28.36 and may not be used in establishing the
651budget of the clerk of the court under that section or s. 28.35.
652     (10)(a)  Any person who does not hold a commercial driver's
653license and who is cited while driving a noncommercial motor
654vehicle for an offense listed under this subsection may, in lieu
655of payment of fine or court appearance, elect to enter a plea of
656nolo contendere and provide proof of compliance to the clerk of
657the court, designated official, or authorized operator of a
658traffic violations bureau. In such case, adjudication shall be
659withheld; however, no election shall be made under this
660subsection if such person has made an election under this
661subsection in the 12 months preceding election hereunder. No
662person may make more than three elections under this subsection.
663This subsection applies to the following offenses:
664     1.  Operating a motor vehicle without a valid driver's
665license in violation of the provisions of s. 322.03, s. 322.065,
666or s. 322.15(1), or operating a motor vehicle with a license
667that has been suspended for failure to appear, failure to pay
668civil penalty, or failure to attend a driver improvement course
669pursuant to s. 322.291.
670     2.  Operating a motor vehicle without a valid registration
671in violation of s. 320.0605, s. 320.07, or s. 320.131.
672     3.  Operating a motor vehicle in violation of s. 316.646.
673     4.  Operating a motor vehicle with a license that has been
674suspended under s. 61.13016 or s. 322.245 for failure to pay
675child support or for failure to pay any other financial
676obligation as provided in s. 322.245; however, this subparagraph
677does not apply if the license has been suspended pursuant to s.
678322.245(1).
679     5.  Operating a motor vehicle with a license that has been
680suspended under s. 322.091 for failure to meet school attendance
681requirements.
682     Section 19.  Paragraph (a) of subsection (1) of section
683318.15, Florida Statutes, is amended to read:
684     318.15  Failure to comply with civil penalty or to appear;
685penalty.-
686     (1)(a)  If a person fails to comply with the civil
687penalties provided in s. 318.18 within the time period specified
688in s. 318.14(4), fails to enter into or comply with the terms of
689a penalty payment plan with the clerk of the court in accordance
690with ss. 318.14 and 28.246, fails to attend driver improvement
691school, or fails to appear at a scheduled hearing, the clerk of
692the court shall notify the Division of Driver Licenses of the
693Department of Highway Safety and Motor Vehicles of such failure
694within 10 days after such failure. Upon receipt of such notice,
695the department shall immediately issue an order suspending the
696driver's license and privilege to drive of such person effective
69720 days after the date the order of suspension is mailed in
698accordance with s. 322.251(1), (2), and (6). Any such suspension
699of the driving privilege which has not been reinstated,
700including a similar suspension imposed outside Florida, shall
701remain on the records of the department for a period of 7 years
702from the date imposed and shall be removed from the records
703after the expiration of 7 years from the date it is imposed.
704     Section 20.  Section 319.14, Florida Statutes, is amended
705to read:
706     319.14  Sale of motor vehicles registered or used as
707taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
708and nonconforming vehicles, custom vehicles, or street rod
709vehicles.-
710     (1)(a)  A No person may not shall knowingly offer for sale,
711sell, or exchange any vehicle that has been licensed,
712registered, or used as a taxicab, police vehicle, or short-term-
713lease vehicle, or a vehicle that has been repurchased by a
714manufacturer pursuant to a settlement, determination, or
715decision under chapter 681, until the department has stamped in
716a conspicuous place on the certificate of title of the vehicle,
717or its duplicate, words stating the nature of the previous use
718of the vehicle or the title has been stamped "Manufacturer's Buy
719Back" to reflect that the vehicle is a nonconforming vehicle. If
720the certificate of title or duplicate was not so stamped upon
721initial issuance thereof or if, subsequent to initial issuance
722of the title, the use of the vehicle is changed to a use
723requiring the notation provided for in this section, the owner
724or lienholder of the vehicle shall surrender the certificate of
725title or duplicate to the department before prior to offering
726the vehicle for sale, and the department shall stamp the
727certificate or duplicate as required herein. If When a vehicle
728has been repurchased by a manufacturer pursuant to a settlement,
729determination, or decision under chapter 681, the title shall be
730stamped "Manufacturer's Buy Back" to reflect that the vehicle is
731a nonconforming vehicle.
732     (b)  A No person may not shall knowingly offer for sale,
733sell, or exchange a rebuilt vehicle until the department has
734stamped in a conspicuous place on the certificate of title for
735the vehicle words stating that the vehicle has been rebuilt or
736assembled from parts, or is a kit car, glider kit, replica, or
737flood vehicle, custom vehicle, or street rod vehicle unless
738proper application for a certificate of title for a vehicle that
739is rebuilt or assembled from parts, or is a kit car, glider kit,
740replica, or flood vehicle, custom vehicle, or street rod vehicle
741has been made to the department in accordance with this chapter
742and the department has conducted the physical examination of the
743vehicle to assure the identity of the vehicle and all major
744component parts, as defined in s. 319.30(1), which have been
745repaired or replaced. Thereafter, the department shall affix a
746decal to the vehicle, in the manner prescribed by the
747department, showing the vehicle to be rebuilt. A vehicle may not
748be inspected or issued a rebuilt title until all major component
749parts, as defined in s. 319.30, which were damaged have been
750repaired or replaced.
751     (c)  As used in this section, the term:
752     1.  "Police vehicle" means a motor vehicle owned or leased
753by the state or a county or municipality and used in law
754enforcement.
755     2.a.  "Short-term-lease vehicle" means a motor vehicle
756leased without a driver and under a written agreement to one or
757more persons from time to time for a period of less than 12
758months.
759     b.  "Long-term-lease vehicle" means a motor vehicle leased
760without a driver and under a written agreement to one person for
761a period of 12 months or longer.
762     c.  "Lease vehicle" includes both short-term-lease vehicles
763and long-term-lease vehicles.
764     3.  "Rebuilt vehicle" means a motor vehicle or mobile home
765built from salvage or junk, as defined in s. 319.30(1).
766     4.  "Assembled from parts" means a motor vehicle or mobile
767home assembled from parts or combined from parts of motor
768vehicles or mobile homes, new or used. "Assembled from parts"
769does not mean a motor vehicle defined as a "rebuilt vehicle" in
770subparagraph 3., which has been declared a total loss pursuant
771to s. 319.30.
772     5.  "Kit car" means a motor vehicle assembled with a kit
773supplied by a manufacturer to rebuild a wrecked or outdated
774motor vehicle with a new body kit.
775     6.  "Glider kit" means a vehicle assembled with a kit
776supplied by a manufacturer to rebuild a wrecked or outdated
777truck or truck tractor.
778     7.  "Replica" means a complete new motor vehicle
779manufactured to look like an old vehicle.
780     8.  "Flood vehicle" means a motor vehicle or mobile home
781that has been declared to be a total loss pursuant to s.
782319.30(3)(a) resulting from damage caused by water.
783     9.  "Nonconforming vehicle" means a motor vehicle which has
784been purchased by a manufacturer pursuant to a settlement,
785determination, or decision under chapter 681.
786     10.  "Settlement" means an agreement entered into between a
787manufacturer and a consumer that occurs after a dispute is
788submitted to a program, or an informal dispute settlement
789procedure established by a manufacturer or is approved for
790arbitration before the New Motor Vehicle Arbitration Board as
791defined in s. 681.102.
792     11.  "Custom vehicle" means a motor vehicle that:
793     a.  Is 25 years of age or older and of a model year after
7941948, or was manufactured to resemble a vehicle that is 25 years
795of age or older and of a model year after 1948; and
796     b.  Has been altered from the manufacturer's original
797design or has a body constructed from nonoriginal materials.
798
799The model year and year of manufacture which the body of a
800custom vehicle resembles is the model year and year of
801manufacture listed on the certificate of title, regardless of
802when the vehicle was actually manufactured.
803     12.  "Street rod" means a motor vehicle that:
804     a.  Is a model year of 1948 or older or was manufactured
805after 1948 to resemble a vehicle of a model year of 1948 or
806older; and
807     b.  Has been altered from the manufacturer's original
808design or has a body constructed from nonoriginal materials.
809
810The model year and year of manufacture which the body of a
811street rod resembles is the model year and year of manufacture
812listed on the certificate of title, regardless of when the
813vehicle was actually manufactured.
814     (2)  A No person may not shall knowingly sell, exchange, or
815transfer a vehicle referred to in subsection (1) without, before
816prior to consummating the sale, exchange, or transfer,
817disclosing in writing to the purchaser, customer, or transferee
818the fact that the vehicle has previously been titled,
819registered, or used as a taxicab, police vehicle, or short-term-
820lease vehicle, or is a vehicle that is rebuilt or assembled from
821parts, or is a kit car, glider kit, replica, or flood vehicle,
822or is a nonconforming vehicle, custom vehicle, or street rod
823vehicle, as the case may be.
824     (3)  Any person who, with intent to offer for sale or
825exchange any vehicle referred to in subsection (1), knowingly or
826intentionally advertises, publishes, disseminates, circulates,
827or places before the public in any communications medium,
828whether directly or indirectly, any offer to sell or exchange
829the vehicle shall clearly and precisely state in each such offer
830that the vehicle has previously been titled, registered, or used
831as a taxicab, police vehicle, or short-term-lease vehicle or
832that the vehicle or mobile home is a vehicle that is rebuilt or
833assembled from parts, or is a kit car, glider kit, replica, or
834flood vehicle, or is a nonconforming vehicle, custom vehicle, or
835street rod vehicle, as the case may be. Any person who violates
836this subsection commits a misdemeanor of the second degree,
837punishable as provided in s. 775.082 or s. 775.083.
838     (4)  If When a certificate of title, including a foreign
839certificate, is branded to reflect a condition or prior use of
840the titled vehicle, the brand must be noted on the registration
841certificate of the vehicle and such brand shall be carried
842forward on all subsequent certificates of title and registration
843certificates issued for the life of the vehicle.
844     (5)  Any person who knowingly sells, exchanges, or offers
845to sell or exchange a motor vehicle or mobile home contrary to
846the provisions of this section or any officer, agent, or
847employee of a person who knowingly authorizes, directs, aids in,
848or consents to the sale, exchange, or offer to sell or exchange
849a motor vehicle or mobile home contrary to the provisions of
850this section commits a misdemeanor of the second degree,
851punishable as provided in s. 775.082 or s. 775.083.
852     (6)  Any person who removes a rebuilt decal from a rebuilt
853vehicle with the intent to conceal the rebuilt status of the
854vehicle commits a felony of the third degree, punishable as
855provided in s. 775.082, s. 775.083, or s. 775.084.
856     (7)  This section applies to a mobile home, travel trailer,
857camping trailer, truck camper, or fifth-wheel recreation trailer
858only when the such mobile home or vehicle is a rebuilt vehicle
859or is assembled from parts.
860     (8)  A No person is not shall be liable or accountable in
861any civil action arising out of a violation of this section if
862the designation of the previous use or condition of the motor
863vehicle is not noted on the certificate of title and
864registration certificate of the vehicle which was received by,
865or delivered to, such person, unless the such person has
866actively concealed the prior use or condition of the vehicle
867from the purchaser.
868     (9)  Subsections (1), (2), and (3) do not apply to the
869transfer of ownership of a motor vehicle after the motor vehicle
870has ceased to be used as a lease vehicle and the ownership has
871been transferred to an owner for private use or to the transfer
872of ownership of a nonconforming vehicle with 36,000 or more
873miles on its odometer, or 34 months whichever is later and the
874ownership has been transferred to an owner for private use. Such
875owner, as shown on the title certificate, may request the
876department to issue a corrected certificate of title that does
877not contain the statement of the previous use of the vehicle as
878a lease vehicle or condition as a nonconforming vehicle.
879     Section 21.  Section 319.225, Florida Statutes, is amended
880to read:
881     319.225  Transfer and reassignment forms; odometer
882disclosure statements.-
883     (1)  Every certificate of title issued by the department
884must contain the following statement on its reverse side:
885"Federal and state law require the completion of the odometer
886statement set out below. Failure to complete or providing false
887information may result in fines, imprisonment, or both."
888     (2)  Each certificate of title issued by the department
889must contain on its reverse side a form for transfer of title by
890the titleholder of record, which form must contain an odometer
891disclosure statement in the form required by 49 C.F.R. s. 580.5.
892     (3)  Each certificate of title issued by the department
893must contain on its reverse side as many forms as space allows
894for reassignment of title by a licensed dealer as permitted by
895s. 319.21(3), which form or forms shall contain an odometer
896disclosure statement in the form required by 49 C.F.R. s. 580.5.
897When all dealer reassignment forms provided on the back of the
898title certificate have been filled in, a dealer may reassign the
899title certificate by using a separate dealer reassignment form
900issued by the department in compliance with 49 C.F.R. ss. 580.4
901and 580.5, which form shall contain an original, two carbon
902copies one of which shall be submitted directly to the
903department by the dealer within 5 business days after the
904transfer and a copy, one of which shall be retained by the
905dealer in his or her records for 5 years. The provisions of this
906subsection shall also apply to vehicles not previously titled in
907this state and vehicles whose title certificates do not contain
908the forms required by this section.
909     (4)  Upon transfer or reassignment of a certificate of
910title to a used motor vehicle, the transferor shall complete the
911odometer disclosure statement provided for by this section and
912the transferee shall acknowledge the disclosure by signing and
913printing his or her name in the spaces provided. This subsection
914does not apply to a vehicle that has a gross vehicle rating of
915more than 16,000 pounds, a vehicle that is not self-propelled,
916or a vehicle that is 10 years old or older. A lessor who
917transfers title to his or her vehicle without obtaining
918possession of the vehicle shall make odometer disclosure as
919provided by 49 C.F.R. s. 580.7. Any person who fails to complete
920or acknowledge a disclosure statement as required by this
921subsection commits is guilty of a misdemeanor of the second
922degree, punishable as provided in s. 775.082 or s. 775.083. The
923department may not issue a certificate of title unless this
924subsection has been complied with.
925     (5)  The same person may not sign a disclosure statement as
926both the transferor and the transferee in the same transaction
927except as provided in subsection (6).
928     (6)(a)  If the certificate of title is physically held by a
929lienholder, the transferor may give a power of attorney to his
930or her transferee for the purpose of odometer disclosure. The
931power of attorney must be on a form issued or authorized by the
932department, which form must be in compliance with 49 C.F.R. ss.
933580.4 and 580.13. The department shall not require the signature
934of the transferor to be notarized on the form; however, in lieu
935of notarization, the form shall include an affidavit with the
936following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
937HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
938ARE TRUE. The transferee shall sign the power of attorney form,
939print his or her name, and return a copy of the power of
940attorney form to the transferor. Upon receipt of a title
941certificate, the transferee shall complete the space for mileage
942disclosure on the title certificate exactly as the mileage was
943disclosed by the transferor on the power of attorney form. If
944the transferee is a licensed motor vehicle dealer who is
945transferring the vehicle to a retail purchaser, the dealer shall
946make application on behalf of the retail purchaser as provided
947in s. 319.23(6) and shall submit the original power of attorney
948form to the department with the application for title and the
949transferor's title certificate; otherwise, a dealer may reassign
950the title certificate by using the dealer reassignment form in
951the manner prescribed in subsection (3), and, at the time of
952physical transfer of the vehicle, the original power of attorney
953shall be delivered to the person designated as the transferee of
954the dealer on the dealer reassignment form. A copy of the
955executed power of attorney shall be submitted to the department
956with a copy of the executed dealer reassignment form within 5
957business days after the certificate of title and dealer
958reassignment form are delivered by the dealer to its transferee.
959     (b)  If the certificate of title is lost or otherwise
960unavailable, the transferor may give a power of attorney to his
961or her transferee for the purpose of odometer disclosure. The
962power of attorney must be on a form issued or authorized by the
963department, which form must be in compliance with 49 C.F.R. ss.
964580.4 and 580.13. The department shall not require the signature
965of the transferor to be notarized on the form; however, in lieu
966of notarization, the form shall include an affidavit with the
967following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
968HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
969ARE TRUE. The transferee shall sign the power of attorney form,
970print his or her name, and return a copy of the power of
971attorney form to the transferor. Upon receipt of the title
972certificate or a duplicate title certificate, the transferee
973shall complete the space for mileage disclosure on the title
974certificate exactly as the mileage was disclosed by the
975transferor on the power of attorney form. If the transferee is a
976licensed motor vehicle dealer who is transferring the vehicle to
977a retail purchaser, the dealer shall make application on behalf
978of the retail purchaser as provided in s. 319.23(6) and shall
979submit the original power of attorney form to the department
980with the application for title and the transferor's title
981certificate or duplicate title certificate; otherwise, a dealer
982may reassign the title certificate by using the dealer
983reassignment form in the manner prescribed in subsection (3),
984and, at the time of physical transfer of the vehicle, the
985original power of attorney shall be delivered to the person
986designated as the transferee of the dealer on the dealer
987reassignment form. If the dealer sells the vehicle to an out-of-
988state resident or an out-of-state dealer and the power of
989attorney form is applicable to the transaction, the dealer must
990photocopy the completed original of the form and mail it
991directly to the department within 5 business days after the
992certificate of title and dealer reassignment form are delivered
993by the dealer to the purchaser. A copy of the executed power of
994attorney shall be submitted to the department with a copy of the
995executed dealer reassignment form within 5 business days after
996the duplicate certificate of title and dealer reassignment form
997are delivered by the dealer to its transferee.
998     (c)  If the mechanics of the transfer of title to a motor
999vehicle in accordance with the provisions of paragraph (a) or
1000paragraph (b) are determined to be incompatible with and
1001unlawful under the provisions of 49 C.F.R. part 580, the
1002transfer of title to a motor vehicle by operation of this
1003subsection can be effected in any manner not inconsistent with
100449 C.F.R. part 580 and Florida law; provided, any power of
1005attorney form issued or authorized by the department under this
1006subsection shall contain an original, two carbon copies, one of
1007which shall be submitted directly to the department by the
1008dealer within 5 business days of use by the dealer to effect
1009transfer of a title certificate as provided in paragraphs (a)
1010and (b) and a copy, one of which shall be retained by the dealer
1011in its records for 5 years.
1012     (d)  Any person who fails to complete the information
1013required by this subsection or to file with the department the
1014forms required by this subsection commits is guilty of a
1015misdemeanor of the second degree, punishable as provided in s.
1016775.082 or s. 775.083. The department shall not issue a
1017certificate of title unless this subsection has been complied
1018with.
1019     (7)  Subject to approval by the National Highway Traffic
1020Safety Administration or any other applicable authority, if a
1021title is held electronically and the transferee agrees to
1022maintain the title electronically, the transferor and transferee
1023shall complete a secure reassignment document that discloses the
1024odometer reading and is signed by both the transferor and
1025transferee at the tax collector's office or license plate
1026agency. A dealer acquiring a motor vehicle that has an
1027electronic title shall use a secure reassignment document signed
1028by the person from whom the dealer acquired the motor vehicle.
1029Upon transferring the motor vehicle to a purchaser, a separate
1030reassignment document shall be executed.
1031     (8)(7)  Each certificate of title issued by the department
1032must contain on its reverse side a minimum of three four spaces
1033for notation of the name and license number of any auction
1034through which the vehicle is sold and the date the vehicle was
1035auctioned. Each separate dealer reassignment form issued by the
1036department must also have the space referred to in this section.
1037When a transfer of title is made at a motor vehicle auction, the
1038reassignment must note the name and address of the auction, but
1039the auction shall not thereby be deemed to be the owner, seller,
1040transferor, or assignor of title. A motor vehicle auction is
1041required to execute a dealer reassignment only when it is the
1042owner of a vehicle being sold.
1043     (9)(8)  Upon transfer or reassignment of a used motor
1044vehicle through the services of an auction, the auction shall
1045complete the information in the space provided for by subsection
1046(8) (7). Any person who fails to complete the information as
1047required by this subsection commits is guilty of a misdemeanor
1048of the second degree, punishable as provided in s. 775.082 or s.
1049775.083. The department shall not issue a certificate of title
1050unless this subsection has been complied with.
1051     (10)(9)  This section shall be construed to conform to 49
1052C.F.R. part 580.
1053     Section 22.  Subsection (6) of section 319.23, Florida
1054Statutes, is amended, present subsections (7) through (11) of
1055that section are renumbered as subsections (8) through (12),
1056respectively, and  a new subsection (7) is added to that
1057section, to read:
1058     319.23  Application for, and issuance of, certificate of
1059title.-
1060     (6)(a)  In the case of the sale of a motor vehicle or
1061mobile home by a licensed dealer to a general purchaser, the
1062certificate of title must be obtained in the name of the
1063purchaser by the dealer upon application signed by the
1064purchaser, and in each other case such certificate must be
1065obtained by the purchaser. In each case of transfer of a motor
1066vehicle or mobile home, the application for a certificate of
1067title, a corrected certificate, or an assignment or reassignment
1068must be filed within 30 days after the delivery of the motor
1069vehicle or from consummation of the sale of a mobile home to the
1070purchaser. An applicant must pay a fee of $20, in addition to
1071all other fees and penalties required by law, for failing to
1072file such application within the specified time. In the case of
1073the sale of a motor vehicle by a licensed motor vehicle dealer
1074to a general purchaser who resides in another state or country,
1075the dealer is not required to apply for a certificate of title
1076for the motor vehicle; however, the dealer must transfer
1077ownership and reassign the certificate of title or
1078manufacturer's certificate of origin to the purchaser, and the
1079purchaser must sign an affidavit, as approved by the department,
1080that the purchaser will title and register the motor vehicle in
1081another state or country.
1082     (b)  If a licensed dealer acquires a motor vehicle or
1083mobile home as a trade-in, the dealer must file with the
1084department, within 30 days, a notice of sale signed by the
1085seller. The department shall update its database for that title
1086record to indicate "sold." A licensed dealer need not apply for
1087a certificate of title for any motor vehicle or mobile home in
1088stock acquired for stock purposes except as provided in s.
1089319.225.
1090     (7)  If an applicant for a certificate of title is unable
1091to provide the department with a certificate of title that
1092assigns the prior owner's interest in the motor vehicle, the
1093department may accept a bond in the form prescribed by the
1094department, along with an affidavit in a form prescribed by the
1095department, which includes verification of the vehicle
1096identification number and an application for title.
1097     (a)  The bond must be:
1098     1.  In a form prescribed by the department;
1099     2.  Executed by the applicant;
1100     3.  Issued by a person authorized to conduct a surety
1101business in this state;
1102     4.  In an amount equal to two times the value of the
1103vehicle as determined by the department; and
1104     5.  Conditioned to indemnify all prior owners and
1105lienholders and all subsequent purchasers of the vehicle or
1106persons who acquire a security interest in the vehicle, and
1107their successors in interest, against any expense, loss, or
1108damage, including reasonable attorney's fees, occurring because
1109of the issuance of the certificate of title for the vehicle or
1110for a defect in or undisclosed security interest on the right,
1111title, or interest of the applicant to the vehicle.
1112     (b)  An interested person has a right to recover on the
1113bond for a breach of the bond's condition. The aggregate
1114liability of the surety to all persons may not exceed the amount
1115of the bond.
1116     (c)  A bond under this subsection expires on the third
1117anniversary of the date the bond became effective.
1118     (d)  The affidavit must:
1119     1.  Be in a form prescribed by the department;
1120     2.  Include the facts and circumstances through which the
1121applicant acquired ownership and possession of the motor
1122vehicle;
1123     3.  Disclose that no security interests, liens, or
1124encumbrances against the motor vehicle are known to the
1125applicant against the motor vehicle; and
1126     4.  State that the applicant has the right to have a
1127certificate of title issued.
1128     Section 23.  Paragraph (b) of subsection (2) of section
1129319.28, Florida Statutes, is amended to read:
1130     319.28  Transfer of ownership by operation of law.-
1131     (2)
1132     (b)  In case of repossession of a motor vehicle or mobile
1133home pursuant to the terms of a security agreement or similar
1134instrument, an affidavit by the party to whom possession has
1135passed stating that the vehicle or mobile home was repossessed
1136upon default in the terms of the security agreement or other
1137instrument shall be considered satisfactory proof of ownership
1138and right of possession. At least 5 days before prior to selling
1139the repossessed vehicle, any subsequent lienholder named in the
1140last issued certificate of title shall be sent notice of the
1141repossession by certified mail, on a form prescribed by the
1142department. If such notice is given and no written protest to
1143the department is presented by a subsequent lienholder within 15
1144days after from the date on which the notice was mailed, the
1145certificate of title or the certificate of repossession shall be
1146issued showing no liens. If the former owner or any subsequent
1147lienholder files a written protest under oath within such 15-day
1148period, the department shall not issue the certificate of title
1149or certificate of repossession for 10 days thereafter. If within
1150the 10-day period no injunction or other order of a court of
1151competent jurisdiction has been served on the department
1152commanding it not to deliver the certificate of title or
1153certificate of repossession, the department shall deliver the
1154certificate of title or repossession to the applicant or as may
1155otherwise be directed in the application showing no other liens
1156than those shown in the application. Any lienholder who has
1157repossessed a vehicle in this state in compliance with the
1158provisions of this section must apply to a tax collector's
1159office in this state or to the department for a certificate of
1160repossession or to the department for a certificate of title
1161pursuant to s. 319.323. Proof of the required notice to
1162subsequent lienholders shall be submitted together with regular
1163title fees. A lienholder to whom a certificate of repossession
1164has been issued may assign the certificate of title to the
1165subsequent owner. Any person who violates found guilty of
1166violating any requirements of this paragraph commits shall be
1167guilty of a felony of the third degree, punishable as provided
1168in s. 775.082, s. 775.083, or s. 775.084.
1169     Section 24.  Section 319.323, Florida Statutes, is amended
1170to read:
1171     319.323  Expedited service; applications; fees.-The
1172department shall establish a separate title office which may be
1173used by private citizens and licensed motor vehicle dealers to
1174receive expedited service on title transfers, title issuances,
1175duplicate titles, and recordation of liens, and certificates of
1176repossession. A fee of $10 shall be charged for this service,
1177which fee is in addition to the fees imposed by s. 319.32. The
1178fee, after deducting the amount referenced by s. 319.324 and
1179$3.50 to be retained by the processing agency, shall be
1180deposited into the General Revenue Fund. Application for
1181expedited service may be made by mail or in person. The
1182department shall issue each title applied for under this section
1183within 5 working days after receipt of the application except
1184for an application for a duplicate title certificate covered by
1185s. 319.23(4), in which case the title must be issued within 5
1186working days after compliance with the department's verification
1187requirements.
1188     Section 25.  Section 319.40, Florida Statutes, is amended
1189to read:
1190     319.40  Transactions by electronic or telephonic means.-
1191     (1)  The department may is authorized to accept any
1192application provided for under this chapter by electronic or
1193telephonic means.
1194     (2)  The department may issue an electronic certificate of
1195title in lieu of printing a paper title.
1196     (3)  The department may collect and use electronic mail
1197addresses as a notification method in lieu of the United States
1198Postal Service.
1199     Section 26.  Paragraph (a) of subsection (1) of section
1200320.01, Florida Statutes, is amended, present subsections (24)
1201through (45) are renumbered as subsections (23) through (44),
1202respectively, and present subsections (23), (25), and (26) of
1203that section are amended, to read:
1204     320.01  Definitions, general.-As used in the Florida
1205Statutes, except as otherwise provided, the term:
1206     (1)  "Motor vehicle" means:
1207     (a)  An automobile, motorcycle, truck, trailer,
1208semitrailer, truck tractor and semitrailer combination, or any
1209other vehicle operated on the roads of this state, used to
1210transport persons or property, and propelled by power other than
1211muscular power, but the term does not include traction engines,
1212road rollers, special mobile equipment as defined in chapter
1213316, such vehicles as run only upon a track, bicycles, or
1214mopeds.
1215     (23)  "Apportioned motor vehicle" means any motor vehicle
1216which is required to be registered, or with respect to which an
1217election has been made to register it, under the International
1218Registration Plan.
1219     (24)(25)  "Apportionable vehicle" means any vehicle, except
1220recreational vehicles, vehicles displaying restricted plates,
1221city pickup and delivery vehicles, buses used in transportation
1222of chartered parties, and government-owned vehicles, which is
1223used or intended for use in two or more member jurisdictions
1224that allocate or proportionally register vehicles and which is
1225used for the transportation of persons for hire or is designed,
1226used, or maintained primarily for the transportation of property
1227and:
1228     (a)  Is a power unit having a gross vehicle weight in
1229excess of 26,000 26,001 pounds;
1230     (b)  Is a power unit having three or more axles, regardless
1231of weight; or
1232     (c)  Is used in combination, when the weight of such
1233combination exceeds 26,000 26,001 pounds gross vehicle weight.
1234
1235Vehicles, or combinations thereof, having a gross vehicle weight
1236of 26,000 26,001 pounds or less and two-axle vehicles may be
1237proportionally registered.
1238     (25)(26)  "Commercial motor vehicle" means any vehicle that
1239which is not owned or operated by a governmental entity, that
1240which uses special fuel or motor fuel on the public highways,
1241and that which has a gross vehicle weight of 26,001 pounds or
1242more, or has three or more axles regardless of weight, or is
1243used in combination when the weight of such combination exceeds
124426,000 26,001 pounds gross vehicle weight. A vehicle that
1245occasionally transports personal property to and from a closed-
1246course motorsport facility, as defined in s. 549.09(1)(a), is
1247not a commercial motor vehicle if the use is not for profit and
1248corporate sponsorship is not involved. As used in this
1249subsection, the term "corporate sponsorship" means a payment,
1250donation, gratuity, in-kind service, or other benefit provided
1251to or derived by a person in relation to the underlying
1252activity, other than the display of product or corporate names,
1253logos, or other graphic information on the property being
1254transported.
1255     Section 27.  Subsections (2) and (4) of section 320.02,
1256Florida Statutes, are amended, and subsection (18) is added to
1257that section, to read:
1258     320.02  Registration required; application for
1259registration; forms.-
1260     (2)(a)  The application for registration shall include the
1261street address of the owner's permanent residence or the address
1262of his or her permanent place of business and shall be
1263accompanied by personal or business identification information
1264which may include, but need not be limited to, a driver's
1265license number, Florida identification card number, or federal
1266employer identification number. If the owner does not have a
1267permanent residence or permanent place of business or if the
1268owner's permanent residence or permanent place of business
1269cannot be identified by a street address, the application shall
1270include:
1271     1.  If the vehicle is registered to a business, the name
1272and street address of the permanent residence of an owner of the
1273business, an officer of the corporation, or an employee who is
1274in a supervisory position.
1275     2.  If the vehicle is registered to an individual, the name
1276and street address of the permanent residence of a close
1277relative or friend who is a resident of this state.
1278
1279If the vehicle is registered to an active-duty military member
1280who is a Florida resident, the member is exempt from the
1281requirement to provide a Florida residential address.
1282     (b)  The department shall prescribe a form upon which motor
1283vehicle owners may record odometer readings when registering
1284their motor vehicles.
1285     (4)  The owner of any motor vehicle registered in the state
1286shall notify the department in writing of any change of address
1287within 20 days of such change. The notification shall include
1288the registration license plate number, the vehicle
1289identification number (VIN) or title certificate number, year of
1290vehicle make, and the owner's full name. Any owner or registrant
1291who possesses a Florida driver's license or identification card
1292and changes residence or mailing address must obtain a
1293replacement as provided for in s. 322.19(2) before changing the
1294address on the motor vehicle record.
1295     (18)  All electronic registration records shall be retained
1296by the department for not less than 10 years.
1297     Section 28.  Subsection (9) is added to section 320.023,
1298Florida Statutes, to read:
1299     320.023  Requests to establish voluntary checkoff on motor
1300vehicle registration application.-
1301     (9)  The department may annually retain from the first
1302proceeds derived from the voluntary contributions collected an
1303amount sufficient to defray for each voluntary contribution the
1304pro rata share of the department's costs directly related to the
1305voluntary contributions program. Such costs include renewal
1306notices, postage, distribution costs, direct costs to the
1307department, and costs associated with reviewing each
1308organization's compliance with the audit and attestation
1309requirements of this section. The balance of the proceeds from
1310the voluntary contributions collected shall be distributed as
1311provided by law.
1312     Section 29.  Subsections (7) and (8) of section 320.03,
1313Florida Statutes, are amended to read:
1314     320.03  Registration; duties of tax collectors;
1315International Registration Plan.-
1316     (7)  The Department of Highway Safety and Motor Vehicles
1317shall register apportionable apportioned motor vehicles under
1318the provisions of the International Registration Plan. The
1319department may adopt rules to implement and enforce the
1320provisions of the plan.
1321     (8)  If the applicant's name appears on the list referred
1322to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1323license plate or revalidation sticker may not be issued until
1324that person's name no longer appears on the list or until the
1325person presents a receipt from the governmental entity or the
1326clerk of court that provided the data showing that the fines
1327outstanding have been paid. This subsection does not apply to
1328the owner of a leased vehicle if the vehicle is registered in
1329the name of the lessee of the vehicle. The tax collector and the
1330clerk of the court are each entitled to receive monthly, as
1331costs for implementing and administering this subsection, 10
1332percent of the civil penalties and fines recovered from such
1333persons. As used in this subsection, the term "civil penalties
1334and fines" does not include a wrecker operator's lien as
1335described in s. 713.78(13). If the tax collector has private tag
1336agents, such tag agents are entitled to receive a pro rata share
1337of the amount paid to the tax collector, based upon the
1338percentage of license plates and revalidation stickers issued by
1339the tag agent compared to the total issued within the county.
1340The authority of any private agent to issue license plates shall
1341be revoked, after notice and a hearing as provided in chapter
1342120, if he or she issues any license plate or revalidation
1343sticker contrary to the provisions of this subsection. This
1344section applies only to the annual renewal in the owner's birth
1345month of a motor vehicle registration and does not apply to the
1346transfer of a registration of a motor vehicle sold by a motor
1347vehicle dealer licensed under this chapter, except for the
1348transfer of registrations which is inclusive of the annual
1349renewals. This section does not affect the issuance of the title
1350to a motor vehicle, notwithstanding s. 319.23(8)(7)(b).
1351     Section 30.  Paragraph (b) of subsection (3) and subsection
1352(5) of section 320.05, Florida Statutes, are amended to read:
1353     320.05  Records of the department; inspection procedure;
1354lists and searches; fees.-
1355     (3)
1356     (b)  Fees therefor shall be charged and collected as
1357follows:
1358     1.  For providing lists of motor vehicle or vessel records
1359for the entire state, or any part or parts thereof, divided
1360according to counties, a sum computed at a rate of not less than
13611 cent nor more than 5 cents per item.
1362     2.  For providing noncertified photographic copies of motor
1363vehicle or vessel documents, $1 per page.
1364     3.  For providing noncertified photographic copies of
1365micrographic records, $1 per page.
1366     4.  For providing certified copies of motor vehicle or
1367vessel records, $3 per record.
1368     5.  For providing noncertified computer-generated printouts
1369of motor vehicle or vessel records, 50 cents per record.
1370     6.  For providing certified computer-generated printouts of
1371motor vehicle or vessel records, $3 per record.
1372     7.  For providing electronic access to motor vehicle,
1373vessel, and mobile home registration data requested by tag,
1374vehicle identification number, title number, or decal number, 50
1375cents per item.
1376     8.  For providing electronic access to driver's license
1377status report by name, sex, and date of birth or by driver
1378license number, 50 cents per item.
1379     9.  For providing lists of licensed mobile home dealers and
1380manufacturers and recreational vehicle dealers and
1381manufacturers, $15 per list.
1382     10.  For providing lists of licensed motor vehicle dealers,
1383$25 per list.
1384     11.  For each copy of a videotape record, $15 per tape.
1385     12.  For each copy of the Division of Motor Vehicles
1386Procedures Manual, $25.
1387     (5)  The creation and maintenance of records by the
1388Division of Motorist Services within the department and the
1389Division of Motor Vehicles pursuant to this chapter shall not be
1390regarded as law enforcement functions of agency recordkeeping.
1391     Section 31.  Paragraph (d) is added to subsection (1) of
1392section 320.06, Florida Statutes, and subsection (5) is added to
1393that section, to read:
1394     320.06  Registration certificates, license plates, and
1395validation stickers generally.-
1396     (1)
1397     (d)  The department may conduct a pilot program to evaluate
1398designs, concepts, and technologies for alternative license
1399plate technologies. The pilot program shall investigate the
1400feasibility and use of alternative license plate technologies
1401and shall be limited to license plates that are used on
1402government-owned motor vehicles, as defined in s. 320.0655.
1403Government license plates in the pilot program are exempt from
1404current license plate requirements in paragraph (3)(a).
1405     (5)  All license plates issued pursuant to this chapter are
1406the property of the State of Florida.
1407     Section 32.  Section 320.061, Florida Statutes, is amended
1408to read:
1409     320.061  Unlawful to alter motor vehicle registration
1410certificates, temporary license plates, license plates, mobile
1411home stickers, or validation stickers or to obscure license
1412plates; penalty.-No person shall alter the original appearance
1413of any registration license plate, temporary license plate,
1414mobile home sticker, validation sticker, or vehicle registration
1415certificate issued for and assigned to any motor vehicle or
1416mobile home, whether by mutilation, alteration, defacement, or
1417change of color or in any other manner. No person shall apply or
1418attach any substance, reflective matter, illuminated device,
1419spray, coating, covering, or other material onto or around any
1420license plate that interferes with the legibility, angular
1421visibility, or detectability of any feature or detail on the
1422license plate or interferes with the ability to record any
1423feature or detail on the license plate. Any person who violates
1424this section commits a noncriminal traffic infraction,
1425punishable as a moving violation as provided in chapter 318.
1426     Section 33.  Subsection (1) of section 320.071, Florida
1427Statutes, is amended to read:
1428     320.071  Advance registration renewal; procedures.-
1429     (1)(a)  The owner of any motor vehicle or mobile home
1430currently registered in this state may file an application for
1431renewal of registration with the department, or its authorized
1432agent in the county wherein the owner resides, any time during
1433the 3 months preceding the date of expiration of the
1434registration period. The registration period may not exceed 27
1435months.
1436     (b)  The owner of any apportionable apportioned motor
1437vehicle currently registered in this state under the provisions
1438of the International Registration Plan may file an application
1439for renewal of registration with the department any time during
1440the 3 months preceding the date of expiration of the
1441registration period.
1442     Section 34.  Subsections (1) and (3) of section 320.0715,
1443Florida Statutes, are amended to read:
1444     320.0715  International Registration Plan; motor carrier
1445services; permits; retention of records.-
1446     (1)  All apportionable commercial motor vehicles domiciled
1447in this state and engaged in interstate commerce shall be
1448registered in accordance with the provisions of the
1449International Registration Plan and shall display apportioned
1450license plates.
1451     (3)(a)  If the department is unable to immediately issue
1452the apportioned license plate to an applicant currently
1453registered in this state under the International Registration
1454Plan or to a vehicle currently titled in this state, the
1455department or its designated agent is authorized to issue a 60-
1456day temporary operational permit. The department or agent of the
1457department shall charge a $3 fee and the service charge
1458authorized by s. 320.04 for each temporary operational permit it
1459issues.
1460     (b)  The department shall in no event issue a temporary
1461operational permit for any apportionable commercial motor
1462vehicle to any applicant until the applicant has shown that:
1463     1.  All sales or use taxes due on the registration of the
1464vehicle are paid; and
1465     2.  Insurance requirements have been met in accordance with
1466ss. 320.02(5) and 627.7415.
1467     (c)  Issuance of a temporary operational permit provides
1468commercial motor vehicle registration privileges in each
1469International Registration Plan member jurisdiction designated
1470on said permit and therefore requires payment of all applicable
1471registration fees and taxes due for that period of registration.
1472     (d)  Application for permanent registration must be made to
1473the department within 10 days following from issuance of a
1474temporary operational permit. Failure to file an application
1475within this 10-day period may result in cancellation of the
1476temporary operational permit.
1477     Section 35.  Paragraph (d) of subsection (5) of section
1478320.08, Florida Statutes, is amended to read:
1479     320.08  License taxes.-Except as otherwise provided herein,
1480there are hereby levied and imposed annual license taxes for the
1481operation of motor vehicles, mopeds, motorized bicycles as
1482defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
1483and mobile homes, as defined in s. 320.01, which shall be paid
1484to and collected by the department or its agent upon the
1485registration or renewal of registration of the following:
1486     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1487SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1488     (d)  A wrecker, as defined in s. 320.01(40), which is used
1489to tow a vessel as defined in s. 327.02(39), a disabled,
1490abandoned, stolen-recovered, or impounded motor vehicle as
1491defined in s. 320.01(38), or a replacement motor vehicle as
1492defined in s. 320.01(39): $41 flat, of which $11 shall be
1493deposited into the General Revenue Fund.
1494     Section 36.  Subsection (1) of section 320.0847, Florida
1495Statutes, is amended to read:
1496     320.0847  Mini truck and low-speed vehicle license plates.-
1497     (1)  The department shall issue a license plate to the
1498owner or lessee of any vehicle registered as a low-speed vehicle
1499as defined in s. 320.01(42) or a mini truck as defined in s.
1500320.01(45) upon payment of the appropriate license taxes and
1501fees prescribed in s. 320.08.
1502     Section 37.  Subsection (4) of section 320.0848, Florida
1503Statutes, is amended to read:
1504     320.0848  Persons who have disabilities; issuance of
1505disabled parking permits; temporary permits; permits for certain
1506providers of transportation services to persons who have
1507disabilities.-
1508     (4)  From the proceeds of the temporary disabled parking
1509permit fees:
1510     (a)  The Department of Highway Safety and Motor Vehicles
1511must receive $3.50 for each temporary permit, to be deposited
1512into the Highway Safety Operating Trust Fund and used for
1513implementing the real-time disabled parking permit database and
1514for administering the disabled parking permit program.
1515     (b)  The tax collector, for processing, must receive $2.50
1516for each temporary permit.
1517     (c)  The remainder must be distributed monthly as follows:
1518     1.  To the Florida Endowment Foundation for Vocational
1519Rehabilitation, known as "The Able Trust," Florida Governor's
1520Alliance for the Employment of Disabled Citizens for the purpose
1521of improving employment and training opportunities for persons
1522who have disabilities, with special emphasis on removing
1523transportation barriers, $4. These fees must be directly
1524deposited into the Florida Endowment Foundation for Vocational
1525Rehabilitation as established in s. 413.615 Transportation
1526Disadvantaged Trust Fund for transfer to the Florida Governor's
1527Alliance for Employment of Disabled Citizens.
1528     2.  To the Transportation Disadvantaged Trust Fund to be
1529used for funding matching grants to counties for the purpose of
1530improving transportation of persons who have disabilities, $5.
1531     Section 38.  Section 320.089, Florida Statutes, is amended
1532to read:
1533     320.089  Members of National Guard and active United States
1534Armed Forces reservists; former prisoners of war; survivors of
1535Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1536Freedom and Operation Enduring Freedom Veterans; Combat Infantry
1537Badge recipients; special license plates; fee.-
1538     (1)(a)  Each owner or lessee of an automobile or truck for
1539private use or recreational vehicle as specified in s.
1540320.08(9)(c) or (d), which is not used for hire or commercial
1541use, who is a resident of the state and an active or retired
1542member of the Florida National Guard, a survivor of the attack
1543on Pearl Harbor, a recipient of the Purple Heart medal, or an
1544active or retired member of any branch of the United States
1545Armed Forces Reserve, or a recipient of the Combat Infantry
1546Badge shall, upon application to the department, accompanied by
1547proof of active membership or retired status in the Florida
1548National Guard, proof of membership in the Pearl Harbor
1549Survivors Association or proof of active military duty in Pearl
1550Harbor on December 7, 1941, proof of being a Purple Heart medal
1551recipient, or proof of active or retired membership in any
1552branch of the Armed Forces Reserve, or proof of membership in
1553the Combat Infantrymen's Association, Inc., or other proof of
1554being a recipient of the Combat Infantry Badge, and upon payment
1555of the license tax for the vehicle as provided in s. 320.08, be
1556issued a license plate as provided by s. 320.06, upon which, in
1557lieu of the serial numbers prescribed by s. 320.06, shall be
1558stamped the words "National Guard," "Pearl Harbor Survivor,"
1559"Combat-wounded veteran," or "U.S. Reserve," or "Combat Infantry
1560Badge," as appropriate, followed by the serial number of the
1561license plate. Additionally, the Purple Heart plate may have the
1562words "Purple Heart" stamped on the plate and the likeness of
1563the Purple Heart medal appearing on the plate.
1564     (b)  Notwithstanding any other provision of law to the
1565contrary, beginning with fiscal year 2002-2003 and annually
1566thereafter, the first $100,000 in general revenue generated from
1567the sale of license plates issued under this section shall be
1568deposited into the Grants and Donations Trust Fund, as described
1569in s. 296.38(2), to be used for the purposes established by law
1570for that trust fund. Any additional general revenue generated
1571from the sale of such plates shall be deposited into the State
1572Homes for Veterans Trust Fund and used solely to construct,
1573operate, and maintain domiciliary and nursing homes for
1574veterans, subject to the requirements of chapter 216.
1575     (c)  Notwithstanding any provisions of law to the contrary,
1576an applicant for a Pearl Harbor Survivor license plate or a
1577Purple Heart license plate who also qualifies for a disabled
1578veteran's license plate under s. 320.084 shall be issued the
1579appropriate special license plate without payment of the license
1580tax imposed by s. 320.08.
1581     (2)  Each owner or lessee of an automobile or truck for
1582private use, truck weighing not more than 7,999 pounds, or
1583recreational vehicle as specified in s. 320.08(9)(c) or (d),
1584which is not used for hire or commercial use, who is a resident
1585of the state and who is a former prisoner of war, or their
1586unremarried surviving spouse, shall, upon application therefor
1587to the department, be issued a license plate as provided in s.
1588320.06, on which license plate are stamped the words "Ex-POW"
1589followed by the serial number. Each application shall be
1590accompanied by proof that the applicant meets the qualifications
1591specified in paragraph (a) or paragraph (b).
1592     (a)  A citizen of the United States who served as a member
1593of the Armed Forces of the United States or the armed forces of
1594a nation allied with the United States who was held as a
1595prisoner of war at such time as the Armed Forces of the United
1596States were engaged in combat, or their unremarried surviving
1597spouse, may be issued the special license plate provided for in
1598this subsection without payment of the license tax imposed by s.
1599320.08.
1600     (b)  A person who was serving as a civilian with the
1601consent of the United States Government, or a person who was a
1602member of the Armed Forces of the United States who was not a
1603United States citizen and was held as a prisoner of war when the
1604Armed Forces of the United States were engaged in combat, or
1605their unremarried surviving spouse, may be issued the special
1606license plate provided for in this subsection upon payment of
1607the license tax imposed by s. 320.08.
1608     (3)  Each owner or lessee of an automobile or truck for
1609private use, truck weighing not more than 7,999 pounds, or
1610recreational vehicle as specified in s. 320.08(9)(c) or (d),
1611which is not used for hire or commercial use, who is a resident
1612of this state and who is the unremarried surviving spouse of a
1613recipient of the Purple Heart medal shall, upon application
1614therefor to the department, with the payment of the required
1615fees, be issued a license plate as provided in s. 320.06, on
1616which license plate are stamped the words "Purple Heart" and the
1617likeness of the Purple Heart medal followed by the serial
1618number. Each application shall be accompanied by proof that the
1619applicant is the unremarried surviving spouse of a recipient of
1620the Purple Heart medal.
1621     (4)  The owner or lessee of an automobile or truck for
1622private use, a truck weighing not more than 7,999 pounds, or a
1623recreational vehicle as specified in s. 320.08(9)(c) or (d)
1624which automobile, truck, or recreational vehicle is not used for
1625hire or commercial use who is a resident of the state and a
1626current or former member of the United States military who was
1627deployed and served in Iraq during Operation Iraqi Freedom or in
1628Afghanistan during Operation Enduring Freedom shall, upon
1629application to the department, accompanied by proof of active
1630membership or former active duty status during one of these
1631operations, and upon payment of the license tax for the vehicle
1632as provided in s. 320.08, be issued a license plate as provided
1633by s. 320.06 upon which, in lieu of the registration license
1634number prescribed by s. 320.06, shall be stamped the words
1635"Operation Iraqi Freedom" or "Operation Enduring Freedom," as
1636appropriate, followed by the registration license number of the
1637plate.
1638     Section 39.  Paragraphs (a) and (b) of subsection (2) of
1639section 320.275, Florida Statutes, are amended to read:
1640     320.275  Automobile Dealers Industry Advisory Board.-
1641     (2)  MEMBERSHIP, TERMS, MEETINGS.-
1642     (a)  The board shall be composed of 12 members. The
1643executive director of the Department of Highway Safety and Motor
1644Vehicles shall appoint the members from names submitted by the
1645entities for the designated categories the member will
1646represent. The executive director shall appoint one
1647representative of the Department of Highway Safety and Motor
1648Vehicles, who must represent the Division of Motor Vehicles; two
1649representatives of the independent motor vehicle industry as
1650recommended by the Florida Independent Automobile Dealers
1651Association; two representatives of the franchise motor vehicle
1652industry as recommended by the Florida Automobile Dealers
1653Association; one representative of the auction motor vehicle
1654industry who is from an auction chain and is recommended by a
1655group affiliated with the National Auto Auction Association; one
1656representative of the auction motor vehicle industry who is from
1657an independent auction and is recommended by a group affiliated
1658with the National Auto Auction Association; one representative
1659from the Department of Revenue; a Florida tax collector
1660representative recommended by the Florida Tax Collectors
1661Association; one representative from the Better Business Bureau;
1662one representative from the Department of Agriculture and
1663Consumer Services, who must represent the Division of Consumer
1664Services; and one representative of the insurance industry who
1665writes motor vehicle dealer surety bonds.
1666     (b)1.  The executive director shall appoint the following
1667initial members to 1-year terms: one representative from the
1668motor vehicle auction industry who represents an auction chain,
1669one representative from the independent motor vehicle industry,
1670one representative from the franchise motor vehicle industry,
1671one representative from the Department of Revenue, one Florida
1672tax collector, and one representative from the Better Business
1673Bureau.
1674     2.  The executive director shall appoint the following
1675initial members to 2-year terms: one representative from the
1676motor vehicle auction industry who represents an independent
1677auction, one representative from the independent motor vehicle
1678industry, one representative from the franchise motor vehicle
1679industry, one representative from the Division of Consumer
1680Services, one representative from the insurance industry, and
1681one representative from the department Division of Motor
1682Vehicles.
1683     3.  As the initial terms expire, the executive director
1684shall appoint successors from the same designated category for
1685terms of 2 years. If renominated, a member may succeed himself
1686or herself.
1687     4.  The board shall appoint a chair and vice chair at its
1688initial meeting and every 2 years thereafter.
1689     Section 40.  Section 320.95, Florida Statutes, is amended
1690to read:
1691     320.95  Transactions by electronic or telephonic means.-
1692     (1)  The department may is authorized to accept any
1693application provided for under this chapter by electronic or
1694telephonic means.
1695     (2)  The department may collect and use electronic mail
1696addresses for the purpose of providing renewal notices in lieu
1697of the United States Postal Service.
1698     Section 41.  Section 321.02, Florida Statutes, is amended
1699to read:
1700     321.02  Powers and duties of department, highway patrol.-
1701The director of the Division of Highway Patrol of the Department
1702of Highway Safety and Motor Vehicles shall be designated the
1703Colonel also be the commander of the Florida Highway Patrol. The
1704said department shall set up and promulgate rules and
1705regulations by which the personnel of the Florida Highway Patrol
1706officers shall be examined, employed, trained, located,
1707suspended, reduced in rank, discharged, recruited, paid and
1708pensioned, subject to civil service provisions hereafter set
1709out. The department may enter into contracts or agreements, with
1710or without competitive bidding or procurement, to make
1711available, on a fair, reasonable, nonexclusive, and
1712nondiscriminatory basis, property and other structures under
1713division control for the placement of new facilities by any
1714wireless provider of mobile service as defined in 47 U.S.C. s.
1715153(27) or s. 332(d), and any telecommunications company as
1716defined in s. 364.02 when it is determined to be practical and
1717feasible to make such property or other structures available.
1718The department may, without adopting a rule, charge a just,
1719reasonable, and nondiscriminatory fee for placement of the
1720facilities, payable annually, based on the fair market value of
1721space used by comparable communications facilities in the state.
1722The department and a wireless provider or telecommunications
1723company may negotiate the reduction or elimination of a fee in
1724consideration of services provided to the division by the
1725wireless provider or the telecommunications company. All such
1726fees collected by the department shall be deposited directly
1727into the State Agency Law Enforcement Radio System Trust Fund,
1728and may be used to construct, maintain, or support the system.
1729The department is further specifically authorized to purchase,
1730sell, trade, rent, lease and maintain all necessary equipment,
1731uniforms, motor vehicles, communication systems, housing
1732facilities, office space, and perform any other acts necessary
1733for the proper administration and enforcement of this chapter.
1734However, all supplies and equipment consisting of single items
1735or in lots shall be purchased under the requirements of s.
1736287.057. Purchases shall be made by accepting the bid of the
1737lowest responsive bidder, the right being reserved to reject all
1738bids. The department shall prescribe a distinctive uniform and
1739distinctive emblem to be worn by all officers of the Florida
1740Highway Patrol. It shall be unlawful for any other person or
1741persons to wear a similar uniform or emblem, or any part or
1742parts thereof. The department shall also prescribe distinctive
1743colors for use on motor vehicles and motorcycles operated by the
1744Florida Highway Patrol. The prescribed colors shall be referred
1745to as "Florida Highway Patrol black and tan."
1746     Section 42.  Subsection (3) of section 322.02, Florida
1747Statutes, is amended to read:
1748     322.02  Legislative intent; administration.-
1749     (3)  The department shall employ a director, who is charged
1750with the duty of serving as the executive officer of the
1751Division of Motorist Services within Driver Licenses of the
1752department insofar as the administration of this chapter is
1753concerned. He or she shall be subject to the supervision and
1754direction of the department, and his or her official actions and
1755decisions as executive officer shall be conclusive unless the
1756same are superseded or reversed by the department or by a court
1757of competent jurisdiction.
1758     Section 43.  Subsection (1) of section 322.04, Florida
1759Statutes, is amended to read:
1760     322.04  Persons exempt from obtaining driver's license.-
1761     (1)  The following persons are exempt from obtaining a
1762driver's license:
1763     (a)  Any employee of the United States Government, while
1764operating a noncommercial motor vehicle owned by or leased to
1765the United States Government and being operated on official
1766business.
1767     (b)  Any person while driving or operating any road
1768machine, farm tractor, or implement of husbandry temporarily
1769operated or moved on a highway.
1770     (c)  A nonresident who is at least 16 years of age and who
1771has in his or her immediate possession a valid noncommercial
1772driver's license issued to the nonresident in his or her home
1773state or country, may operate a motor vehicle of the type for
1774which a Class E driver's license is required in this state if he
1775or she has in their immediate possession:
1776     1.  A valid noncommercial driver's license issued in his or
1777her name from another state or territory of the United States;
1778or
1779     2.  An International Driving Permit issued in his or her
1780name in his or her country of residence along with a valid
1781license issued in that country.
1782     (d)  A nonresident who is at least 18 years of age and who
1783has in his or her immediate possession a valid noncommercial
1784driver's license issued to the nonresident in his or her home
1785state or country may operate a motor vehicle, other than a
1786commercial motor vehicle, in this state.
1787     (d)(e)  Any person operating a golf cart, as defined in s.
1788320.01, which is operated in accordance with the provisions of
1789s. 316.212.
1790     Section 44.  Paragraph (a) of subsection (1) of section
1791322.051, Florida Statutes, is amended to read:
1792     322.051  Identification cards.-
1793     (1)  Any person who is 5 years of age or older, or any
1794person who has a disability, regardless of age, who applies for
1795a disabled parking permit under s. 320.0848, may be issued an
1796identification card by the department upon completion of an
1797application and payment of an application fee.
1798     (a)  Each such application shall include the following
1799information regarding the applicant:
1800     1.  Full name (first, middle or maiden, and last), gender,
1801proof of social security card number satisfactory to the
1802department, county of residence, mailing address, proof of
1803residential address satisfactory to the department, country of
1804birth, and a brief description.
1805     2.  Proof of birth date satisfactory to the department.
1806     3.  Proof of identity satisfactory to the department. Such
1807proof must include one of the following documents issued to the
1808applicant:
1809     a.  A driver's license record or identification card record
1810from another jurisdiction that required the applicant to submit
1811a document for identification which is substantially similar to
1812a document required under sub-subparagraph b., sub-subparagraph
1813c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
1814f., sub-subparagraph g., or sub-subparagraph h.;
1815     b.  A certified copy of a United States birth certificate;
1816     c.  A valid, unexpired United States passport;
1817     d.  A naturalization certificate issued by the United
1818States Department of Homeland Security;
1819     e.  A valid, unexpired alien registration receipt card
1820(green card);
1821     f.  A Consular Report of Birth Abroad provided by the
1822United States Department of State;
1823     g.  An unexpired employment authorization card issued by
1824the United States Department of Homeland Security; or
1825     h.  Proof of nonimmigrant classification provided by the
1826United States Department of Homeland Security, for an original
1827identification card. In order to prove such nonimmigrant
1828classification, applicants must provide at least one of may
1829produce but are not limited to the following documents, and, in
1830addition, the department may require other documents for the
1831sole purpose of establishing the maintenance of or efforts to
1832maintain continuous lawful presence:
1833     (I)  A notice of hearing from an immigration court
1834scheduling a hearing on any proceeding.
1835     (II)  A notice from the Board of Immigration Appeals
1836acknowledging pendency of an appeal.
1837     (III)  Notice of the approval of an application for
1838adjustment of status issued by the United States Bureau of
1839Citizenship and Immigration Services.
1840     (IV)  Any official documentation confirming the filing of a
1841petition for asylum or refugee status or any other relief issued
1842by the United States Bureau of Citizenship and Immigration
1843Services.
1844     (V)  Notice of action transferring any pending matter from
1845another jurisdiction to Florida, issued by the United States
1846Bureau of Citizenship and Immigration Services.
1847     (VI)  Order of an immigration judge or immigration officer
1848granting any relief that authorizes the alien to live and work
1849in the United States including, but not limited to asylum.
1850     (VII)  Evidence that an application is pending for
1851adjustment of status to that of an alien lawfully admitted for
1852permanent residence in the United States or conditional
1853permanent resident status in the United States, if a visa number
1854is available having a current priority date for processing by
1855the United States Bureau of Citizenship and Immigration
1856Services.
1857     (VIII)  On or after January 1, 2010, an unexpired foreign
1858passport with an unexpired United States Visa affixed,
1859accompanied by an approved I-94, documenting the most recent
1860admittance into the United States.
1861
1862An identification card issued based on documents required
1863Presentation of any of the documents described in sub-
1864subparagraph g. or sub-subparagraph h. is valid entitles the
1865applicant to an identification card for a period not to exceed
1866the expiration date of the document presented or 1 year,
1867whichever first occurs.
1868     Section 45.  Subsection (4) of section 322.058, Florida
1869Statutes, is amended to read:
1870     322.058  Suspension of driving privileges due to support
1871delinquency; reinstatement.-
1872     (4)  This section applies only to the annual renewal in the
1873owner's birth month of a motor vehicle registration and does not
1874apply to the transfer of a registration of a motor vehicle sold
1875by a motor vehicle dealer licensed under chapter 320, except for
1876the transfer of registrations which is inclusive of the annual
1877renewals. This section does not affect the issuance of the title
1878to a motor vehicle, notwithstanding s. 319.23(8)(7)(b).
1879     Section 46.  Section 322.065, Florida Statutes, is amended
1880to read:
1881     322.065  Driver's license expired for 6 4 months or less;
1882penalties.-Any person whose driver's license has been expired
1883for 6 4 months or less and who drives a motor vehicle upon the
1884highways of this state commits is guilty of an infraction and is
1885subject to the penalty provided in s. 318.18.
1886     Section 47.  Subsection (3) of section 322.07, Florida
1887Statutes, is amended to read:
1888     322.07  Instruction permits and temporary licenses.-
1889     (3)  Any person who, except for his or her lack of
1890instruction in operating a commercial motor vehicle, would
1891otherwise be qualified to obtain a commercial driver's license
1892under this chapter, may apply for a temporary commercial
1893instruction permit. The department shall issue such a permit
1894entitling the applicant, while having the permit in his or her
1895immediate possession, to drive a commercial motor vehicle on the
1896highways, provided that:
1897     (a)  The applicant possesses a valid Florida driver's
1898license issued in any state; and
1899     (b)  The applicant, while operating a commercial motor
1900vehicle, is accompanied by a licensed driver who is 21 years of
1901age or older, who is licensed to operate the class of vehicle
1902being operated, and who is actually occupying the closest seat
1903to the right of the driver.
1904     Section 48.  Subsection (2) of section 322.08, Florida
1905Statutes, is amended, and subsection (8) is added to that
1906section, to read:
1907     322.08  Application for license; requirements for license
1908and identification card forms.-
1909     (2)  Each such application shall include the following
1910information regarding the applicant:
1911     (a)  Full name (first, middle or maiden, and last), gender,
1912proof of social security card number satisfactory to the
1913department, county of residence, mailing address, proof of
1914residential address satisfactory to the department, country of
1915birth, and a brief description.
1916     (b)  Proof of birth date satisfactory to the department.
1917     (c)  Proof of identity satisfactory to the department. Such
1918proof must include one of the following documents issued to the
1919applicant:
1920     1.  A driver's license record or identification card record
1921from another jurisdiction that required the applicant to submit
1922a document for identification which is substantially similar to
1923a document required under subparagraph 2., subparagraph 3.,
1924subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
19257., or subparagraph 8.;
1926     2.  A certified copy of a United States birth certificate;
1927     3.  A valid, unexpired United States passport;
1928     4.  A naturalization certificate issued by the United
1929States Department of Homeland Security;
1930     5.  A valid, unexpired alien registration receipt card
1931(green card);
1932     6.  A Consular Report of Birth Abroad provided by the
1933United States Department of State;
1934     7.  An unexpired employment authorization card issued by
1935the United States Department of Homeland Security; or
1936     8.  Proof of nonimmigrant classification provided by the
1937United States Department of Homeland Security, for an original
1938driver's license. In order to prove nonimmigrant classification,
1939an applicant must provide at least one of the following
1940documents, and, in addition, the department may require other
1941documents for the sole purpose of establishing the maintenance
1942of or efforts to maintain continuous lawful presence may produce
1943the following documents, including, but not limited to:
1944     a.  A notice of hearing from an immigration court
1945scheduling a hearing on any proceeding.
1946     b.  A notice from the Board of Immigration Appeals
1947acknowledging pendency of an appeal.
1948     c.  A notice of the approval of an application for
1949adjustment of status issued by the United States Bureau of
1950Citizenship and Immigration Services.
1951     d.  Any official documentation confirming the filing of a
1952petition for asylum or refugee status or any other relief issued
1953by the United States Bureau of Citizenship and Immigration
1954Services.
1955     e.  A notice of action transferring any pending matter from
1956another jurisdiction to this state issued by the United States
1957Bureau of Citizenship and Immigration Services.
1958     f.  An order of an immigration judge or immigration officer
1959granting any relief that authorizes the alien to live and work
1960in the United States, including, but not limited to, asylum.
1961     g.  Evidence that an application is pending for adjustment
1962of status to that of an alien lawfully admitted for permanent
1963residence in the United States or conditional permanent resident
1964status in the United States, if a visa number is available
1965having a current priority date for processing by the United
1966States Bureau of Citizenship and Immigration Services.
1967     h.  On or after January 1, 2010, an unexpired foreign
1968passport with an unexpired United States Visa affixed,
1969accompanied by an approved I-94, documenting the most recent
1970admittance into the United States.
1971
1972A driver's license or temporary permit issued based on documents
1973required Presentation of any of the documents in subparagraph 7.
1974or subparagraph 8. is valid entitles the applicant to a driver's
1975license or temporary permit for a period not to exceed the
1976expiration date of the document presented or 1 year, whichever
1977occurs first.
1978     (d)  Whether the applicant has previously been licensed to
1979drive, and, if so, when and by what state, and whether any such
1980license or driving privilege has ever been disqualified,
1981revoked, or suspended, or whether an application has ever been
1982refused, and, if so, the date of and reason for such
1983disqualification, suspension, revocation, or refusal.
1984     (e)  Each such application may include fingerprints and
1985other unique biometric means of identity.
1986     (8)  The department may collect and use electronic mail
1987addresses for the purpose of providing renewal notices in lieu
1988of the United State Postal Service.
1989     Section 49.  Subsection (9) is added to section 322.081,
1990Florida Statutes, to read:
1991     322.081  Requests to establish voluntary checkoff on
1992driver's license application.-
1993     (9)  The department may annually retain from the first
1994proceeds derived from the voluntary contributions collected an
1995amount sufficient to defray for each voluntary contribution the
1996pro rata share of the department's costs directly related to the
1997voluntary contributions program. Such costs include renewal
1998notices, postage, distribution costs, direct costs to the
1999department, and costs associated with reviewing each
2000organization's compliance with the audit and attestation
2001requirements of this section. The balance of the proceeds from
2002the voluntary contributions collected shall be distributed as
2003provided by law.
2004     Section 50.  Subsection (5) of section 322.12, Florida
2005Statutes, is amended to read:
2006     322.12  Examination of applicants.-
2007     (5)(a)  The department shall formulate a separate
2008examination for applicants for licenses to operate motorcycles.
2009Any applicant for a driver's license who wishes to operate a
2010motorcycle, and who is otherwise qualified, must successfully
2011complete such an examination, which is in addition to the
2012examination administered under subsection (3). The examination
2013must test the applicant's knowledge of the operation of a
2014motorcycle and of any traffic laws specifically relating thereto
2015and must include an actual demonstration of his or her ability
2016to exercise ordinary and reasonable control in the operation of
2017a motorcycle. Any applicant who fails to pass the initial
2018knowledge examination will incur a $5 fee for each subsequent
2019examination, to be deposited into the Highway Safety Operating
2020Trust Fund. Any applicant who fails to pass the initial skills
2021examination will incur a $10 fee for each subsequent
2022examination, to be deposited into the Highway Safety Operating
2023Trust Fund. In the formulation of the examination, the
2024department shall consider the use of the Motorcycle Operator
2025Skills Test and the Motorcycle in Traffic Test offered by the
2026Motorcycle Safety Foundation. The department shall indicate on
2027the license of any person who successfully completes the
2028examination that the licensee is authorized to operate a
2029motorcycle. If the applicant wishes to be licensed to operate a
2030motorcycle only, he or she need not take the skill or road test
2031required under subsection (3) for the operation of a motor
2032vehicle, and the department shall indicate such a limitation on
2033his or her license as a restriction. Every first-time applicant
2034for licensure to operate a motorcycle must provide proof of
2035completion of a motorcycle safety course, as provided for in s.
2036322.0255, which shall include a final examination before the
2037applicant may be licensed to operate a motorcycle. The
2038department shall indicate on the license of any person who
2039successfully completes the course that the licensee is
2040authorized to operate a motorcycle. If the applicant wishes to
2041be licensed to operate a motorcycle only, he or she need not
2042take the skills or road test required under subsection (3) for
2043the operation of a motor vehicle, and the department shall
2044indicate such a limitation on his or her license as a
2045restriction.
2046     (b)  The department may exempt any applicant from the
2047examination provided in this subsection if the applicant
2048presents a certificate showing successful completion of a course
2049approved by the department, which course includes a similar
2050examination of the knowledge and skill of the applicant in the
2051operation of a motorcycle.
2052     Section 51.  Subsection (5) of section 322.121, Florida
2053Statutes, is amended to read:
2054     322.121  Periodic reexamination of all drivers.-
2055     (5)  Members of the Armed Forces, or their dependents
2056residing with them, shall be granted an automatic extension for
2057the expiration of their Class E licenses without reexamination
2058while serving on active duty outside this state. This extension
2059is valid for 90 days after the member of the Armed Forces is
2060either discharged or returns to this state to live.
2061     Section 52.  Paragraph (a) of subsection (1) of section
2062322.14, Florida Statutes, is amended to read:
2063     322.14  Licenses issued to drivers.-
2064     (1)(a)  The department shall, upon successful completion of
2065all required examinations and payment of the required fee, issue
2066to every applicant qualifying therefor, a driver's license as
2067applied for, which license shall bear thereon a color photograph
2068or digital image of the licensee; the name of the state; a
2069distinguishing number assigned to the licensee; and the
2070licensee's full name, date of birth, and residence address; a
2071brief description of the licensee, including, but not limited
2072to, the licensee's gender and height; and the dates of issuance
2073and expiration of the license. A space shall be provided upon
2074which the licensee shall affix his or her usual signature. No
2075license shall be valid until it has been so signed by the
2076licensee except that the signature of said licensee shall not be
2077required if it appears thereon in facsimile or if the licensee
2078is not present within the state at the time of issuance.
2079Applicants qualifying to receive a Class A, Class B, or Class C
2080driver's license must appear in person within the state for
2081issuance of a color photographic or digital imaged driver's
2082license pursuant to s. 322.142.
2083     Section 53.  Subsections (9), (10), (13), (14), and (16) of
2084section 322.20, Florida Statutes, are amended to read:
2085     322.20  Records of the department; fees; destruction of
2086records.-
2087     (9)  The department may, upon application, furnish to any
2088person, from its the records of the Division of Driver Licenses,
2089a list of the names, addresses, and birth dates of the licensed
2090drivers of the entire state or any portion thereof by age group.
2091In addition, the department may furnish to the courts, for the
2092purpose of establishing jury selection lists, the names,
2093addresses, and birth dates of the persons of the entire state or
2094any portion thereof by age group having identification cards
2095issued by the department. Each person who requests such
2096information shall pay a fee, set by the department, of 1 cent
2097per name listed, except that the department shall furnish such
2098information without charge to the courts for the purpose of jury
2099selection or to any state agency or to any state attorney,
2100sheriff, or chief of police. Such court, state agency, state
2101attorney, or law enforcement agency may not sell, give away, or
2102allow the copying of such information. Noncompliance with this
2103prohibition shall authorize the department to charge the
2104noncomplying court, state agency, state attorney, or law
2105enforcement agency the appropriate fee for any subsequent lists
2106requested. The department may adopt rules necessary to implement
2107this subsection.
2108     (10)  The department Division of Driver Licenses is
2109authorized, upon application of any person and payment of the
2110proper fees, to search and to assist such person in the search
2111of the records of the department and make reports thereof and to
2112make photographic copies of the departmental records and
2113attestations thereof.
2114     (13)  The department Division of Driver Licenses shall
2115implement a system that allows either parent of a minor, or a
2116guardian, or other responsible adult who signed a minor's
2117application for a driver's license to have Internet access
2118through a secure website to inspect the minor's driver history
2119record. Internet access to driver history records granted to a
2120minor's parents, guardian, or other responsible adult shall be
2121furnished by the department at no fee and shall terminate when
2122the minor attains 18 years of age.
2123     (14)  The department is authorized in accordance with
2124chapter 257 to destroy reports, records, documents, papers, and
2125correspondence in the department Division of Driver Licenses
2126which are considered obsolete.
2127     (16)  The creation and maintenance of records by the
2128Division of Motorist Services within the department and the
2129Division of Driver Licenses pursuant to this chapter shall not
2130be regarded as law enforcement functions of agency
2131recordkeeping.
2132     Section 54.  Section 322.202, Florida Statutes, is amended
2133to read:
2134     322.202  Admission of evidence obtained from the Division
2135of Motorist Services Driver Licenses and the Division of Motor
2136Vehicles.-
2137     (1)  The Legislature finds that the Division of Motorist
2138Services Driver Licenses and the Division of Motor Vehicles of
2139the Department of Highway Safety and Motor Vehicles is are not a
2140law enforcement agency agencies. The Legislature also finds that
2141the division is divisions are not an adjunct adjuncts of any law
2142enforcement agency in that employees have no stake in particular
2143prosecutions. The Legislature further finds that errors in
2144records maintained by the Division of Motorist Services
2145divisions are not within the collective knowledge of any law
2146enforcement agency. The Legislature also finds that the mission
2147missions of the Division of Motorist Services Driver Licenses,
2148the Division of Motor Vehicles, and the Department of Highway
2149Safety and Motor Vehicles provides provide a sufficient
2150incentive to maintain records in a current and correct fashion.
2151     (2)  The Legislature finds that the purpose of the
2152exclusionary rule is to deter misconduct on the part of law
2153enforcement officers and law enforcement agencies.
2154     (3)  The Legislature finds that the application of the
2155exclusionary rule to cases where a law enforcement officer
2156effects an arrest based on objectively reasonable reliance on
2157information obtained from the division divisions is repugnant to
2158the purposes of the exclusionary rule and contrary to the
2159decisions of the United States Supreme Court in Arizona v.
2160Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897
2161(1984).
2162     (4)  In any case where a law enforcement officer effects an
2163arrest based on objectively reasonable reliance on information
2164obtained from the division divisions, evidence found pursuant to
2165such an arrest shall not be suppressed by application of the
2166exclusionary rule on the grounds that the arrest is subsequently
2167determined to be unlawful due to erroneous information obtained
2168from the divisions.
2169     Section 55.  Subsections (2) and (4) of section 322.21,
2170Florida Statutes, are amended to read:
2171     322.21  License fees; procedure for handling and collecting
2172fees.-
2173     (2)  It is the duty of the director of the Division of
2174Motorist Services to provide Driver Licenses to set up a
2175division in the department with the necessary personnel to
2176perform the necessary clerical and routine work for the
2177department in issuing and recording applications, licenses, and
2178certificates of eligibility, including the receiving and
2179accounting of all license funds and their payment into the State
2180Treasury, and other incidental clerical work connected with the
2181administration of this chapter. The department may use such
2182electronic, mechanical, or other devices as necessary to
2183accomplish the purposes of this chapter.
2184     (4)  If the department determines from its records or is
2185otherwise satisfied that the holder of a license about to expire
2186is entitled to have it renewed, the department shall mail a
2187renewal notice to the licensee at his or her last known address,
2188at least within 30 days before the licensee's birthday. The
2189licensee may shall be issued a renewal license, after
2190reexamination, if required, during the 30 days immediately
2191preceding his or her birthday upon presenting a renewal notice,
2192his or her current license, and the fee for renewal to the
2193department at any driver's license examining office. A driver
2194may renew his or her driver's license up to 18 months prior to
2195the license expiration date.
2196     Section 56.  Subsection (1) of section 322.22, Florida
2197Statutes, is amended to read:
2198     322.22  Authority of department to cancel license.-
2199     (1)  The department is authorized to cancel any driver's
2200license, upon determining that the licensee is was not entitled
2201to the license issuance thereof, or that the licensee failed to
2202give the required or correct information in his or her
2203application or committed any fraud in making such application,
2204or that the licensee has two or more licenses on file with the
2205department, each in a different name but bearing the photograph
2206of the licensee, unless the licensee has complied with the
2207requirements of this chapter in obtaining the licenses. The
2208department may cancel any driver's license, identification card,
2209vehicle or vessel registration, or fuel-use decal if the
2210licensee fails to pay the correct fee or pays for the driver's
2211license, identification card, vehicle or vessel registration, or
2212fuel-use decal; pays any tax liability, penalty, or interest
2213specified in chapter 207; or pays any administrative,
2214delinquency, or reinstatement fee by a dishonored check.
2215     Section 57.  Subsection (6) of section 322.2615, Florida
2216Statutes, is amended to read:
2217     322.2615  Suspension of license; right to review.-
2218     (6)(a)  If the person whose license was suspended requests
2219a formal review, the department must schedule a hearing to be
2220held within 30 days after such request is received by the
2221department and must notify the person of the date, time, and
2222place of the hearing.
2223     (b)  Such formal review hearing shall be held before a
2224hearing officer designated employed by the department, and the
2225hearing officer shall be authorized to administer oaths, examine
2226witnesses and take testimony, receive relevant evidence, issue
2227subpoenas for the officers and witnesses identified in documents
2228in subsection (2), regulate the course and conduct of the
2229hearing, question witnesses, and make a ruling on the
2230suspension. The party requesting the presence of a witness shall
2231be responsible for the payment of any witness fees and for
2232notifying in writing the state attorney's office in the
2233appropriate circuit of the issuance of the subpoena. If the
2234person who requests a formal review hearing fails to appear and
2235the hearing officer finds such failure to be without just cause,
2236the right to a formal hearing is waived and the suspension shall
2237be sustained.
2238     (c)  A party may seek enforcement of a subpoena under
2239paragraph (b) by:
2240     1.  Filing a motion for enforcement of a subpoena in the
2241related criminal case, if any; or
2242     2.  Filing a petition for enforcement in the circuit court
2243of the judicial circuit in which the person failing to comply
2244with the subpoena resides. A failure to comply with an order of
2245the court shall result in a finding of contempt of court.
2246However, a person is not in contempt while a subpoena is being
2247challenged.
2248     (d)  The department must, within 7 working days after a
2249formal review hearing, send notice to the person of the hearing
2250officer's decision as to whether sufficient cause exists to
2251sustain, amend, or invalidate the suspension.
2252     Section 58.  Subsection (2) of section 322.53, Florida
2253Statutes, is amended to read:
2254     322.53  License required; exemptions.-
2255     (2)  The following persons are exempt from the requirement
2256to obtain a commercial driver's license:
2257     (a)  Drivers of authorized emergency vehicles.
2258     (b)  Military personnel driving vehicles operated for
2259military purposes.
2260     (c)  Farmers transporting agricultural products, farm
2261supplies, or farm machinery to or from their farms within 150
2262miles of their farm if the vehicle operated under this exemption
2263is not used in the operations of a common or contract motor
2264carrier, or transporting agricultural products to or from the
2265first place of storage or processing or directly to or from
2266market, within 150 miles of their farm.
2267     (d)  Drivers of recreational vehicles, as defined in s.
2268320.01.
2269     (e)  Drivers who operate straight trucks, as defined in s.
2270316.003, which that are exclusively transporting their own
2271tangible personal property that which is not for sale or hire,
2272and the vehicles are not used in commerce.
2273     (f)  An employee of a publicly owned transit system who is
2274limited to moving vehicles for maintenance or parking purposes
2275exclusively within the restricted-access confines of a transit
2276system's property.
2277     Section 59.  Subsection (5) is added to section 322.54,
2278Florida Statutes, to read:
2279     322.54  Classification.-
2280     (5)  The required driver's license classification of any
2281person operating a commercial motor vehicle that has no gross
2282vehicle weight rating plate or no vehicle identification number
2283shall be determined by the actual weight of the vehicle.
2284     Section 60.  Section 322.58, Florida Statutes, is repealed.
2285     Section 61.  Section 322.59, Florida Statutes, is amended
2286to read:
2287     322.59  Possession of medical examiner's certificate.-
2288     (1)  The department shall not issue a commercial driver's
2289license to any person who is required by the laws of this state
2290or by federal law to possess a medical examiner's certificate,
2291unless such person provides presents a valid certificate, as
2292described in 49 C.F.R. s. 383.71 prior to licensure.
2293     (2)  The department shall disqualify a driver from
2294operating a commercial motor vehicle if that driver holds a
2295commercial driver's license and fails to comply with the medical
2296certification requirements described in 49 C.F.R. s. 383.71.
2297     (2)  This section does not expand the requirements as to
2298who must possess a medical examiner's certificate.
2299     Section 62.  Subsection (5) of section 322.61, Florida
2300Statutes, is amended to read:
2301     322.61  Disqualification from operating a commercial motor
2302vehicle.-
2303     (5)  Any person who is convicted of two violations
2304specified in subsection (3) which were committed while operating
2305a commercial motor vehicle, or any combination thereof, arising
2306in separate incidents shall be permanently disqualified from
2307operating a commercial motor vehicle. Any holder of a commercial
2308driver's license who is convicted of two violations specified in
2309subsection (3), which were committed while operating any a
2310noncommercial motor vehicle, or any combination thereof, arising
2311in separate incidents shall be permanently disqualified from
2312operating a commercial motor vehicle. The penalty provided in
2313this subsection is in addition to any other applicable penalty.
2314     Section 63.  Subsections (1), (4), (7), (8), and (11) of
2315section 322.64, Florida Statutes, are amended to read:
2316     322.64  Holder of commercial driver's license; persons
2317operating a commercial motor vehicle; driving with unlawful
2318blood-alcohol level; refusal to submit to breath, urine, or
2319blood test.-
2320     (1)(a)  A law enforcement officer or correctional officer
2321shall, on behalf of the department, disqualify from operating
2322any commercial motor vehicle a person who while operating or in
2323actual physical control of a commercial motor vehicle is
2324arrested for a violation of s. 316.193, relating to unlawful
2325blood-alcohol level or breath-alcohol level, or a person who has
2326refused to submit to a breath, urine, or blood test authorized
2327by s. 322.63 or s. 316.1932 arising out of the operation or
2328actual physical control of a commercial motor vehicle. A law
2329enforcement officer or correctional officer shall, on behalf of
2330the department, disqualify the holder of a commercial driver's
2331license from operating any commercial motor vehicle if the
2332licenseholder, while operating or in actual physical control of
2333a motor vehicle, is arrested for a violation of s. 316.193,
2334relating to unlawful blood-alcohol level or breath-alcohol
2335level, or refused to submit to a breath, urine, or blood test
2336authorized by s. 322.63 or s. 316.1932. Upon disqualification of
2337the person, the officer shall take the person's driver's license
2338and issue the person a 10-day temporary permit for the operation
2339of noncommercial vehicles only if the person is otherwise
2340eligible for the driving privilege and shall issue the person a
2341notice of disqualification. If the person has been given a
2342blood, breath, or urine test, the results of which are not
2343available to the officer at the time of the arrest, the agency
2344employing the officer shall transmit such results to the
2345department within 5 days after receipt of the results. If the
2346department then determines that the person had a blood-alcohol
2347level or breath-alcohol level of 0.08 or higher, the department
2348shall disqualify the person from operating a commercial motor
2349vehicle pursuant to subsection (3).
2350     (b)  For purposes of determining the period of
2351disqualification described in 49 C.F.R. s. 383.51,
2352disqualifications listed in paragraph (a) shall be treated as
2353convictions.
2354     (c)(b)  The disqualification under paragraph (a) shall be
2355pursuant to, and the notice of disqualification shall inform the
2356driver of, the following:
2357     1.a.  The driver refused to submit to a lawful breath,
2358blood, or urine test and he or she is disqualified from
2359operating a commercial motor vehicle for the time period
2360specified in 49 C.F.R. s. 383.51 a period of 1 year, for a first
2361refusal, or permanently, if he or she has previously been
2362disqualified under this section; or
2363     b.  The driver had an unlawful blood-alcohol or breath-
2364alcohol level of 0.08 or higher while driving or in actual
2365physical control of a commercial motor vehicle, or any motor
2366vehicle if the driver holds a commercial driver license, and is
2367disqualified for the time period specified in 49 C.F.R. s.
2368383.51. The driver was driving or in actual physical control of
2369a commercial motor vehicle, or any motor vehicle if the driver
2370holds a commercial driver's license, had an unlawful blood-
2371alcohol level or breath-alcohol level of 0.08 or higher, and his
2372or her driving privilege shall be disqualified for a period of 1
2373year for a first offense or permanently disqualified if his or
2374her driving privilege has been previously disqualified under
2375this section.
2376     2.  The disqualification period for operating commercial
2377vehicles shall commence on the date of issuance of the notice of
2378disqualification.
2379     3.  The driver may request a formal or informal review of
2380the disqualification by the department within 10 days after the
2381date of issuance of the notice of disqualification.
2382     4.  The temporary permit issued at the time of
2383disqualification expires at midnight of the 10th day following
2384the date of disqualification.
2385     5.  The driver may submit to the department any materials
2386relevant to the disqualification.
2387     (4)  If the person disqualified requests an informal review
2388pursuant to subparagraph (1)(c)(b)3., the department shall
2389conduct the informal review by a hearing officer employed by the
2390department. Such informal review hearing shall consist solely of
2391an examination by the department of the materials submitted by a
2392law enforcement officer or correctional officer and by the
2393person disqualified, and the presence of an officer or witness
2394is not required.
2395     (7)  In a formal review hearing under subsection (6) or an
2396informal review hearing under subsection (4), the hearing
2397officer shall determine by a preponderance of the evidence
2398whether sufficient cause exists to sustain, amend, or invalidate
2399the disqualification. The scope of the review shall be limited
2400to the following issues:
2401     (a)  If the person was disqualified from operating a
2402commercial motor vehicle for driving with an unlawful blood-
2403alcohol level:
2404     1.  Whether the arresting law enforcement officer had
2405probable cause to believe that the person was driving or in
2406actual physical control of a commercial motor vehicle, or any
2407motor vehicle if the driver holds a commercial driver's license,
2408in this state while he or she had any alcohol, chemical
2409substances, or controlled substances in his or her body.
2410     2.  Whether the person had an unlawful blood-alcohol level
2411or breath-alcohol level of 0.08 or higher.
2412     (b)  If the person was disqualified from operating a
2413commercial motor vehicle for refusal to submit to a breath,
2414blood, or urine test:
2415     1.  Whether the law enforcement officer had probable cause
2416to believe that the person was driving or in actual physical
2417control of a commercial motor vehicle, or any motor vehicle if
2418the driver holds a commercial driver's license, in this state
2419while he or she had any alcohol, chemical substances, or
2420controlled substances in his or her body.
2421     2.  Whether the person refused to submit to the test after
2422being requested to do so by a law enforcement officer or
2423correctional officer.
2424     3.  Whether the person was told that if he or she refused
2425to submit to such test he or she would be disqualified from
2426operating a commercial motor vehicle for a period of 1 year or,
2427if previously disqualified under this section, permanently.
2428     (8)  Based on the determination of the hearing officer
2429pursuant to subsection (7) for both informal hearings under
2430subsection (4) and formal hearings under subsection (6), the
2431department shall:
2432     (a)  sustain the disqualification for the time period
2433described in 49 C.F.R. s. 383.51 a period of 1 year for a first
2434refusal, or permanently if such person has been previously
2435disqualified from operating a commercial motor vehicle under
2436this section. The disqualification period commences on the date
2437of the issuance of the notice of disqualification.
2438     (b)  Sustain the disqualification:
2439     1.  For a period of 1 year if the person was driving or in
2440actual physical control of a commercial motor vehicle, or any
2441motor vehicle if the driver holds a commercial driver's license,
2442and had an unlawful blood-alcohol level or breath-alcohol level
2443of 0.08 or higher; or
2444     2.  Permanently if the person has been previously
2445disqualified from operating a commercial motor vehicle under
2446this section or his or her driving privilege has been previously
2447suspended for driving or being in actual physical control of a
2448commercial motor vehicle, or any motor vehicle if the driver
2449holds a commercial driver's license, and had an unlawful blood-
2450alcohol level or breath-alcohol level of 0.08 or higher.
2451
2452The disqualification period commences on the date of the
2453issuance of the notice of disqualification.
2454     (11)  The formal review hearing may be conducted upon a
2455review of the reports of a law enforcement officer or a
2456correctional officer, including documents relating to the
2457administration of a breath test or blood test or the refusal to
2458take a breath, blood, or urine either test. However, as provided
2459in subsection (6), the driver may subpoena the officer or any
2460person who administered or analyzed a breath or blood test.
2461     Section 64.  Section 328.30, Florida Statutes, is amended
2462to read:
2463     328.30  Transactions by electronic or telephonic means.-
2464     (1)  The department may is authorized to accept any
2465application provided for under this chapter by electronic or
2466telephonic means.
2467     (2)  The department may issue an electronic certificate of
2468title in lieu of printing a paper title.
2469     (3)  The department may collect and use electronic mail
2470addresses for the purpose of providing renewal notices in lieu
2471of the United States Postal Service.
2472     Section 65.  Subsection (2) of section 413.012, Florida
2473Statutes, is amended to read:
2474     413.012  Confidential records disclosure prohibited;
2475exemptions.-
2476     (2)  It is unlawful for any person to disclose, authorize
2477the disclosure, solicit, receive, or make use of any list of
2478names and addresses or any record containing any information set
2479forth in subsection (1) and maintained in the division. The
2480prohibition provided for in this subsection shall not apply to
2481the use of such information for purposes directly connected with
2482the administration of the vocational rehabilitation program or
2483with the monthly dispatch to the Division of Driver Licenses of
2484the Department of Highway Safety and Motor Vehicles of the name
2485in full, place and date of birth, sex, social security number,
2486and resident address of individuals with central visual acuity
248720/200 or less in the better eye with correcting glasses, or a
2488disqualifying field defect in which the peripheral field has
2489contracted to such an extent that the widest diameter or visual
2490field subtends an angular distance no greater than 20 degrees.
2491When requested in writing by an applicant or client, or her or
2492his representative, the Division of Blind Services shall release
2493confidential information to the applicant or client or her or
2494his representative.
2495     Section 66.  Paragraph (f) of subsection (13) of section
2496713.78, Florida Statutes, is amended to read:
2497     713.78  Liens for recovering, towing, or storing vehicles
2498and vessels.-
2499     (13)
2500     (f)  This subsection applies only to the annual renewal in
2501the registered owner's birth month of a motor vehicle
2502registration and does not apply to the transfer of a
2503registration of a motor vehicle sold by a motor vehicle dealer
2504licensed under chapter 320, except for the transfer of
2505registrations which is inclusive of the annual renewals. This
2506subsection does not apply to any vehicle registered in the name
2507of the lessor. This subsection does not affect the issuance of
2508the title to a motor vehicle, notwithstanding s.
2509319.23(8)(7)(b).
2510     Section 67.  Except as otherwise expressly provided in this
2511act, this act shall take effect July 1, 2011.


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