CS/HB 1353

1	A bill to be entitled
2	An act relating to the Department of Highway Safety and
3	Motor Vehicles; amending s. 20.24, F.S.; specifying that
4	the executive director of the department serves at the
5	pleasure of the Governor and Cabinet; creating a Division
6	of Motorist Services within the department; eliminating
7	the Division of Driver Licenses and the Division of Motor
8	Vehicles; amending s. 261.03, F.S.; conforming cross-
9	references; amending s. 288.816, F.S., relating to Consul
10	Corps license plates; conforming a reference; amending s.
11	311.121, F.S., relating to membership of the Seaport
12	Security Officer Qualification, Training, and Standards
13	Coordinating Council; conforming provisions to changes
14	made by the act; reenacting s. 316.065(4), F.S., relating
15	to crash reports, to incorporate changes made to s.
16	316.066, F.S., by chapter 2010-163, Laws of Florida;
17	amending s. 316.1933, F.S.; authorizing a health care
18	provider to notify a law enforcement agency after
19	detecting the presence of a controlled substance in the
20	blood of a person injured in a motor vehicle crash;
21	amending s. 316.1957, F.S., relating to parking
22	violations; conforming a reference; amending s. 316.2085,
23	F.S.; requiring the license tag of a motorcycle or moped
24	to remain clearly visible from the rear; prohibiting
25	deliberate acts to conceal or obscure the tag; amending
26	ss. 316.2122, 316.2124, 316.21265, 316.3026, and 316.550,
27	F.S., relating to the operation of low-speed vehicles,
28	motorized disability access vehicles, and all-terrain or
29	utility vehicles, the unlawful operation of motor
30	carriers, and special permits, respectively; conforming
31	cross-references; amending s. 316.545, F.S.; providing for
32	the regulation of apportionable vehicles; amending s.
33	317.0003, F.S., relating to off-highway vehicles;
34	conforming a cross-reference; amending s. 317.0016, F.S.;
35	eliminating a requirement that the department provide
36	expedited service for certificates of repossession;
37	amending s. 318.14, F.S.; clarifying provisions
38	authorizing a person cited for a noncriminal traffic
39	infraction to elect to attend a driver improvement course
40	or enter a plea of nolo contendere; amending s. 318.15,
41	F.S., relating to the suspension of driving privileges;
42	conforming a reference; amending s. 319.14, F.S.;
43	prohibiting a person from knowingly offering for sale,
44	selling, or exchanging certain vehicles unless the
45	department has stamped in a conspicuous place on the
46	certificate of title words stating that the vehicle is a
47	custom vehicle or street rod vehicle; defining the terms
48	"custom vehicle" and "street rod"; providing requirements
49	for inspection and issuance of a rebuilt title; amending
50	s. 319.225, F.S.; revising provisions for vehicle
51	certificates of title; revising requirements for the
52	transfer and reassignment forms for vehicles; revising
53	dealer submission requirements; requiring a dealer selling
54	a vehicle out of state to mail a copy of the power of
55	attorney form to the department; providing for the
56	electronic transfer of a vehicle title; amending s.
57	319.23, F.S.; providing for the application for a
58	certificate of title, corrected certificate, or assignment
59	or reassignment to be filed from the consummation of the
60	sale of a mobile home; authorizing the department to
61	accept a bond if the applicant for a certificate of title
62	is unable to provide a title that assigns the prior
63	owner's interest in the motor vehicle; providing
64	requirements for the bond and the affidavit; providing for
65	future expiration of the bond; amending s. 319.28, F.S.;
66	eliminating certain requirements that a lienholder obtain
67	a certificate of repossession following repossession of a
68	vehicle or mobile home; amending s. 319.323, F.S.,
69	relating to title offices for expedited service;
70	conforming provisions to changes made by the act; amending
71	s. 319.40, F.S.; authorizing the department to issue
72	electronic certificates of title and use electronic mail
73	addresses for purposes of notification; amending s.
74	320.01, F.S.; revising definitions; excluding special
75	mobile equipment from the meaning of the term "motor
76	vehicle"; deleting an obsolete definition; revising the
77	gross vehicle weight for purposes of defining the terms
78	"apportionable vehicle" and "commercial motor vehicle";
79	amending s. 320.02, F.S.; providing that an active-duty
80	military member is exempt from the requirement to provide
81	an address on an application for vehicle registration;
82	requiring that a Florida driver's license or
83	identification card be changed following a change of
84	residence or mailing address before the vehicle
85	registration is changed; requiring that the department
86	retain certain records for a specified period; amending s.
87	320.023, F.S.; authorizing the department to retain
88	certain proceeds derived from the voluntary contributions
89	program to cover certain specified costs to the
90	department; amending s. 320.03, F.S., relating to the
91	International Registration Plan; conforming provisions to
92	changes made by the act; amending s. 320.05, F.S.;
93	deleting a provision requiring that the department provide
94	a procedures manual for a fee; clarifying that the
95	creation and maintenance of records by the Division of
96	Motorist Services is not a law enforcement function of
97	agency recordkeeping; amending s. 320.06, F.S.;
98	authorizing the department to conduct a pilot program to
99	evaluate alternative license plate technologies for use on
100	government-owned motor vehicles; exempting plates in the
101	pilot program from specified license plate design and
102	construction requirements; specifying that all license
103	plates issued by the department are the property of the
104	state; amending s. 320.061, F.S.; providing that it is a
105	noncriminal traffic infraction to alter a temporary
106	license plate; amending s. 320.071, F.S.; providing for
107	the renewal of registration for an apportionable vehicle
108	that is registered under the International Registration
109	Plan; amending s. 320.0715, F.S.; clarifying provisions
110	requiring the registration of apportionable vehicles under
111	the International Registration Plan; amending s. 320.08,
112	F.S., relating to license taxes; conforming cross-
113	references; amending s. 320.0847, F.S., relating to
114	license plates for mini trucks and low-speed vehicles;
115	conforming cross-references; amending s. 320.0848, F.S.;
116	revising the requirements for the deposit of fee proceeds
117	from temporary disabled parking permits; amending s.
118	320.089, F.S.; providing for the issuance of a Combat
119	Infantry Badge license plate; providing qualifications and
120	requirements for the plate; providing for the use of
121	proceeds from the sale of the plate; amending s. 320.275,
122	F.S., relating to the Automobile Dealers Industry Advisory
123	Board; conforming provisions to the elimination of the
124	Division of Motor Vehicles within the department; amending
125	s. 320.95, F.S.; authorizing the department to use
126	electronic mail addresses for the purpose of providing
127	license renewal notices; amending s. 321.02, F.S.;
128	designating the director of the Division of Highway Patrol
129	of the department as the Colonel of the Florida Highway
130	Patrol; amending s. 322.02, F.S.; providing for a director
131	of the Division of Motorist Services; amending s. 322.04,
132	F.S.; revising provisions exempting a nonresident from the
133	requirement to obtain a driver's license under certain
134	circumstances; amending s. 322.051, F.S.; revising
135	requirements by which an applicant for an identification
136	card may prove nonimmigrant classification; clarifying the
137	validity of an identification card based on specified
138	documents; amending s. 322.058, F.S., relating to renewal
139	of motor vehicle registration; conforming a cross-
140	reference; amending s. 322.065, F.S.; revising the period
141	of expiration that constitutes the offense of driving with
142	an expired driver's license; amending s. 322.07, F.S.;
143	revising qualifications for obtaining a temporary
144	commercial instruction permit; amending s. 322.08, F.S.;
145	revising requirements by which an applicant for a driver's
146	license may prove nonimmigrant classification; clarifying
147	the validity of a license based on specified documents;
148	authorizing the department to use electronic mail
149	addresses for the purposes of providing license renewal
150	notices; amending s. 322.081, F.S.; authorizing the
151	department to retain certain proceeds derived from the
152	voluntary contributions made on driver's license
153	applications to cover certain specified costs to the
154	department; amending s. 322.12, F.S.; deleting provisions
155	requiring a separate examination for applicants for a
156	license to operate a motorcycle; requiring that the
157	motorcycle safety course for a first-time applicant
158	include a final examination; requiring that completion of
159	the course be indicated on the license; amending s.
160	322.121, F.S.; clarifying provisions authorizing the
161	automatic extension of a license for members of the Armed
162	Forces or their dependents while serving on active duty
163	outside the state; amending s. 322.14, F.S.; deleting a
164	requirement that applicants for specified licenses appear
165	in person for issuance of a color photographic or digital
166	imaged driver's license; providing for the department to
167	suspend a person's driver's license for violating certain
168	restrictions on his or her authorization to drive;
169	amending s. 322.20, F.S., relating to department records;
170	conforming provisions to changes made by the act; amending
171	s. 322.202, F.S.; clarifying that the Division of Motorist
172	Services is not a law enforcement agency; amending s.
173	322.21, F.S.; conforming provisions to changes made by the
174	act; authorizing a driver to renew his or her driver's
175	license during a specified period before the license
176	expiration date; amending s. 322.22, F.S.; clarifying
177	provisions authorizing the department to cancel a driver's
178	license; authorizing the department to cancel a license
179	upon determining that the licensee is not entitled to the
180	license; amending s. 322.2615, F.S., relating to a
181	person's right to review of a license suspension; revising
182	provisions for a formal review hearing and enforcement of
183	a subpoena; amending s. 322.53, F.S.; revising provisions
184	exempting certain farmers and drivers who operate straight
185	trucks from the requirement to obtain a commercial
186	driver's license; amending s. 322.54, F.S.; requiring that
187	the weight of a commercial motor vehicle be based on the
188	vehicle's actual weight under certain circumstances;
189	repealing s. 322.58, F.S., relating to holders of
190	chauffeur's licenses; amending s. 322.59, F.S.; requiring
191	that the department disqualify a driver holding a
192	commercial driver's license who fails to comply with
193	specified federal certification requirements; amending s.
194	322.61, F.S.; providing that the holder of a commercial
195	driver's license is permanently disqualified from
196	operating a commercial motor vehicle following two
197	violations of specified offenses committed while operating
198	any vehicle; amending s. 322.64, F.S.; providing that a
199	notice of disqualification from operating a commercial
200	motor vehicle acts as a conviction for purposes of certain
201	federal restrictions imposed for the offense of operating
202	a commercial motor vehicle while under the influence of
203	alcohol; deleting provisions authorizing the department to
204	impose certain alternative restrictions for such offense;
205	amending s. 328.30, F.S.; authorizing the department to
206	issue electronic certificates of title for vessels and use
207	electronic mail addresses for purposes of providing
208	renewal notices; amending s. 413.012, F.S., relating to a
209	prohibition on disclosing confidential records held by the
210	department; conforming provisions to changes made by the
211	act; amending s. 713.78, F.S., relating to renewal of
212	motor vehicle registration; conforming a cross-reference;
213	providing effective dates.
214
215	Be It Enacted by the Legislature of the State of Florida:
216
217	Section 1.  Section 20.24, Florida Statutes, is amended to
218	read:
219	20.24  Department of Highway Safety and Motor Vehicles.-
220	There is created a Department of Highway Safety and Motor
221	Vehicles.
222	(1)  The head of the Department of Highway Safety and Motor
223	Vehicles is the Governor and Cabinet. An executive director
224	shall serve at the pleasure of the Governor and Cabinet. The
225	executive director may establish a command, operational, and
226	administrative services structure to assist, manage, and support
227	the department in operating programs and delivering services.
228	(2)  The following divisions, and bureaus within the
229	divisions, of the Department of Highway Safety and Motor
230	Vehicles 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
236	Statutes, is amended to read:
237	261.03  Definitions.-As used in this chapter, the term:
238	(9)  "ROV" means any motorized recreational off-highway
239	vehicle 64 inches or less in width, having a dry weight of 2,000
240	pounds or less, designed to travel on four or more nonhighway
241	tires, having nonstraddle seating and a steering wheel, and
242	manufactured for recreational use by one or more persons. The
243	term "ROV" does not include a golf cart as defined in ss.
244	320.01(22) and 316.003(68) or a low-speed vehicle as defined in
245	s. 320.01(42).
246	Section 3.  Paragraph (e) of subsection (2) of section
247	288.816, Florida Statutes, is amended to read:
248	288.816  Intergovernmental relations.-
249	(2)  The Office of Tourism, Trade, and Economic Development
250	shall be responsible for all consular relations between the
251	state and all foreign governments doing business in Florida. The
252	office shall monitor United States laws and directives to ensure
253	that all federal treaties regarding foreign privileges and
254	immunities are properly observed. The office shall promulgate
255	rules which shall:
256	(e)  Verify entitlement to issuance of special motor
257	vehicle license plates by the Division of Motor Vehicles of the
258	Department of Highway Safety and Motor Vehicles to honorary
259	consuls or such other officials representing foreign governments
260	who are not entitled to issuance of special Consul Corps license
261	plates by the United States Government.
262	Section 4.  Paragraph (a) of subsection (3) of section
263	311.121, Florida Statutes, is amended to read:
264	311.121  Qualifications, training, and certification of
265	licensed security officers at Florida seaports.-
266	(3)  The Seaport Security Officer Qualification, Training,
267	and Standards Coordinating Council is created under the
268	Department of Law Enforcement.
269	(a)  The executive director of the Department of Law
270	Enforcement shall appoint 11 members to the council, to include:
271	1.  The seaport administrator of the Department of Law
272	Enforcement.
273	2.  The Commissioner of Education or his or her designee.
274	3.  The director of the Division of Licensing of the
275	Department of Agriculture and Consumer Services.
276	4.  The administrator of the Florida Seaport Transportation
277	and Economic Development Council.
278	5.  Two seaport security directors from seaports designated
279	under 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
284	of the Department of Highway Safety and Motor Vehicles.
285	Section 5.  For the purpose of incorporating the amendment
286	made by chapter 2010-163, Laws of Florida, to section 316.066,
287	Florida Statutes, in a reference thereto, subsection (4) of
288	section 316.065, Florida Statutes, is reenacted retroactive to
289	July 1, 2010, to read:
290	316.065  Crashes; reports; penalties.-
291	(4)  Any person who knowingly repairs a motor vehicle
292	without having made a report as required by subsection (3) is
293	guilty of a misdemeanor of the first degree, punishable as
294	provided in s. 775.082 or s. 775.083. The owner and driver of a
295	vehicle involved in a crash who makes a report thereof in
296	accordance with subsection (1) or s. 316.066(1) is not liable
297	under this section.
298	Section 6.  Subsection (1) of section 316.066, Florida
299	Statutes, as amended by chapter 2010-163, Laws of Florida,
300	reads:
301	316.066  Written reports of crashes.-
302	(1)(a)  A Florida Traffic Crash Report, Long Form is
303	required to be completed and submitted to the department within
304	10 days after completing an investigation by every law
305	enforcement officer who in the regular course of duty
306	investigates 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.
309	316.193.
310	3.  In which a vehicle was rendered inoperative to a degree
311	that required a wrecker to remove it from traffic, if such
312	action is appropriate, in the officer's discretion.
313	(b)  In every crash for which a Florida Traffic Crash
314	Report, Long Form is not required by this section, the law
315	enforcement officer may complete a short-form crash report or
316	provide a short-form crash report to be completed by each party
317	involved 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
323	the officer investigating the crash.
324	6.  The names of the insurance companies for the respective
325	parties involved in the crash.
326	(c)  Each party to the crash shall provide the law
327	enforcement officer with proof of insurance to be included in
328	the crash report. If a law enforcement officer submits a report
329	on the accident, proof of insurance must be provided to the
330	officer by each party involved in the crash. Any party who fails
331	to provide the required information commits a noncriminal
332	traffic infraction, punishable as a nonmoving violation as
333	provided in chapter 318, unless the officer determines that due
334	to injuries or other special circumstances such insurance
335	information cannot be provided immediately. If the person
336	provides the law enforcement agency, within 24 hours after the
337	crash, proof of insurance that was valid at the time of the
338	crash, the law enforcement agency may void the citation.
339	(d)  The driver of a vehicle that was in any manner
340	involved in a crash resulting in damage to any vehicle or other
341	property in an amount of $500 or more, which crash was not
342	investigated by a law enforcement agency, shall, within 10 days
343	after the crash, submit a written report of the crash to the
344	department or traffic records center. The entity receiving the
345	report may require witnesses of crashes to render reports and
346	may require any driver of a vehicle involved in a crash of which
347	a written report must be made as provided in this section to
348	file supplemental written reports whenever the original report
349	is deemed insufficient by the receiving entity.
350	(e)  Short-form crash reports prepared by law enforcement
351	shall be maintained by the law enforcement officer's agency.
352	Section 7.  Paragraph (a) of subsection (2) of section
353	316.1933, Florida Statutes, is amended to read:
354	316.1933  Blood test for impairment or intoxication in
355	cases of death or serious bodily injury; right to use reasonable
356	force.-
357	(2)(a)  Only a physician, certified paramedic, registered
358	nurse, licensed practical nurse, other personnel authorized by a
359	hospital to draw blood, or duly licensed clinical laboratory
360	director, supervisor, technologist, or technician, acting at the
361	request of a law enforcement officer, may withdraw blood for the
362	purpose of determining the alcoholic content thereof or the
363	presence of chemical substances or controlled substances
364	therein. However, the failure of a law enforcement officer to
365	request the withdrawal of blood shall not affect the
366	admissibility of a test of blood withdrawn for medical purposes.
367	1.  Notwithstanding any provision of law pertaining to the
368	confidentiality of hospital records or other medical records, if
369	a health care provider, who is providing medical care in a
370	health care facility to a person injured in a motor vehicle
371	crash, becomes aware, as a result of any blood test performed in
372	the course of that medical treatment, that the person's blood-
373	alcohol level meets or exceeds the blood-alcohol level specified
374	in s. 316.193(1)(b), or detects the presence of a controlled
375	substance listed in chapter 893, the health care provider may
376	notify any law enforcement officer or law enforcement agency.
377	Any such notice must be given within a reasonable time after the
378	health care provider receives the test result. Any such notice
379	shall be used only for the purpose of providing the law
380	enforcement officer with reasonable cause to request the
381	withdrawal of a blood sample pursuant to this section.
382	2.  The notice shall consist only of the name of the person
383	being treated, the name of the person who drew the blood, the
384	blood-alcohol level indicated by the test, and the date and time
385	of the administration of the test.
386	3.  Nothing contained in s. 395.3025(4), s. 456.057, or any
387	applicable practice act affects the authority to provide notice
388	under this section, and the health care provider is not
389	considered to have breached any duty owed to the person under s.
390	395.3025(4), s. 456.057, or any applicable practice act by
391	providing notice or failing to provide notice. It shall not be a
392	breach of any ethical, moral, or legal duty for a health care
393	provider to provide notice or fail to provide notice.
394	4.  A civil, criminal, or administrative action may not be
395	brought against any person or health care provider participating
396	in good faith in the provision of notice or failure to provide
397	notice as provided in this section. Any person or health care
398	provider participating in the provision of notice or failure to
399	provide notice as provided in this section shall be immune from
400	any civil or criminal liability and from any professional
401	disciplinary action with respect to the provision of notice or
402	failure to provide notice under this section. Any such
403	participant has the same immunity with respect to participating
404	in any judicial proceedings resulting from the notice or failure
405	to provide notice.
406	Section 8.  Section 316.1957, Florida Statutes, is amended
407	to read:
408	316.1957  Parking violations; designated parking spaces for
409	persons who have disabilities.-When evidence is presented in any
410	court of the fact that any motor vehicle was parked in a
411	properly designated parking space for persons who have
412	disabilities in violation of s. 316.1955, it is prima facie
413	evidence that the vehicle was parked and left in the space by
414	the person, firm, or corporation in whose name the vehicle is
415	registered and licensed according to the records of the
416	department Division of Motor Vehicles.
417	Section 9.  Subsection (3) of section 316.2085, Florida
418	Statutes, is amended to read:
419	316.2085  Riding on motorcycles or mopeds.-
420	(3)  The license tag of a motorcycle or moped must be
421	permanently affixed to the vehicle and remain clearly visible
422	from the rear at all times may not be adjusted or capable of
423	being flipped up. Any deliberate act to conceal or obscure No
424	device for or method of concealing or obscuring the legibility
425	of the license tag of a motorcycle is prohibited shall be
426	installed or used. The license tag of a motorcycle or moped may
427	be affixed horizontally to the ground so that the numbers and
428	letters read from left to right. Alternatively, a license tag
429	for a motorcycle or moped for which the numbers and letters read
430	from top to bottom may be affixed perpendicularly to the ground,
431	provided that the registered owner of the motorcycle or moped
432	maintains a prepaid toll account in good standing and a
433	transponder associated with the prepaid toll account is affixed
434	to the motorcycle or moped.
435	Section 10.  Section 316.2122, Florida Statutes, is amended
436	to read:
437	316.2122  Operation of a low-speed vehicle or mini truck on
438	certain roadways.-The operation of a low-speed vehicle as
439	defined in s. 320.01(42) or a mini truck as defined in s.
440	320.01(45) on any road as defined in s. 334.03(15) or (33) is
441	authorized with the following restrictions:
442	(1)  A low-speed vehicle or mini truck may be operated only
443	on streets where the posted speed limit is 35 miles per hour or
444	less. This does not prohibit a low-speed vehicle or mini truck
445	from crossing a road or street at an intersection where the road
446	or street has a posted speed limit of more than 35 miles per
447	hour.
448	(2)  A low-speed vehicle must be equipped with headlamps,
449	stop lamps, turn signal lamps, taillamps, reflex reflectors,
450	parking brakes, rearview mirrors, windshields, seat belts, and
451	vehicle identification numbers.
452	(3)  A low-speed vehicle or mini truck must be registered
453	and insured in accordance with s. 320.02 and titled pursuant to
454	chapter 319.
455	(4)  Any person operating a low-speed vehicle or mini truck
456	must have in his or her possession a valid driver's license.
457	(5)  A county or municipality may prohibit the operation of
458	low-speed vehicles or mini trucks on any road under its
459	jurisdiction if the governing body of the county or municipality
460	determines that such prohibition is necessary in the interest of
461	safety.
462	(6)  The Department of Transportation may prohibit the
463	operation of low-speed vehicles or mini trucks on any road under
464	its jurisdiction if it determines that such prohibition is
465	necessary in the interest of safety.
466	Section 11.  Section 316.2124, Florida Statutes, is amended
467	to read:
468	316.2124  Motorized disability access vehicles.-The
469	Department of Highway Safety and Motor Vehicles is directed to
470	provide, by rule, for the regulation of motorized disability
471	access vehicles as described in s. 320.01(34). The department
472	shall provide that motorized disability access vehicles shall be
473	registered in the same manner as motorcycles and shall pay the
474	same registration fee as for a motorcycle. There shall also be
475	assessed, in addition to the registration fee, a $2.50 surcharge
476	for motorized disability access vehicles. This surcharge shall
477	be paid into the Highway Safety Operating Trust Fund. Motorized
478	disability access vehicles shall not be required to be titled by
479	the department. The department shall require motorized
480	disability access vehicles to be subject to the same safety
481	requirements as set forth in this chapter for motorcycles.
482	Section 12.  Subsection (1) of section 316.21265, Florida
483	Statutes, is amended to read:
484	316.21265  Use of all-terrain vehicles, golf carts, low-
485	speed vehicles, or utility vehicles by law enforcement
486	agencies.-
487	(1)  Notwithstanding any provision of law to the contrary,
488	any law enforcement agency in this state may operate all-terrain
489	vehicles as defined in s. 316.2074, golf carts as defined in s.
490	320.01(22), low-speed vehicles as defined in s. 320.01(42), or
491	utility vehicles as defined in s. 320.01(43) on any street,
492	road, or highway in this state while carrying out its official
493	duties.
494	Section 13.  Subsection (1) of section 316.3026, Florida
495	Statutes, is amended to read:
496	316.3026  Unlawful operation of motor carriers.-
497	(1)  The Office of Motor Carrier Compliance of the
498	Department of Transportation may issue out-of-service orders to
499	motor carriers, as defined in s. 320.01(33), who have after
500	proper notice failed to pay any penalty or fine assessed by the
501	department, or its agent, against any owner or motor carrier for
502	violations of state law, refused to submit to a compliance
503	review and provide records pursuant to s. 316.302(5) or s.
504	316.70, or violated safety regulations pursuant to s. 316.302 or
505	insurance requirements found in s. 627.7415. Such out-of-service
506	orders shall have the effect of prohibiting the operations of
507	any motor vehicles owned, leased, or otherwise operated by the
508	motor carrier upon the roadways of this state, until such time
509	as the violations have been corrected or penalties have been
510	paid. Out-of-service orders issued under this section must be
511	approved by the Secretary of Transportation or his or her
512	designee. An administrative hearing pursuant to s. 120.569 shall
513	be afforded to motor carriers subject to such orders.
514	Section 14.  Subsection (3) of section 316.545, Florida
515	Statutes, is amended to read:
516	316.545  Weight and load unlawful; special fuel and motor
517	fuel tax enforcement; inspection; penalty; review.-
518	(3)  Any person who violates the overloading provisions of
519	this chapter shall be conclusively presumed to have damaged the
520	highways of this state by reason of such overloading, which
521	damage is hereby fixed as follows:
522	(a)  When the excess weight is 200 pounds or less than the
523	maximum herein provided, the penalty shall be $10;
524	(b)  Five cents per pound for each pound of weight in
525	excess of the maximum herein provided when the excess weight
526	exceeds 200 pounds. However, whenever the gross weight of the
527	vehicle or combination of vehicles does not exceed the maximum
528	allowable gross weight, the maximum fine for the first 600
529	pounds of unlawful axle weight shall be $10;
530	(c)  For a vehicle equipped with fully functional idle-
531	reduction technology, any penalty shall be calculated by
532	reducing the actual gross vehicle weight or the internal bridge
533	weight by the certified weight of the idle-reduction technology
534	or by 400 pounds, whichever is less. The vehicle operator must
535	present written certification of the weight of the idle-
536	reduction technology and must demonstrate or certify that the
537	idle-reduction technology is fully functional at all times. This
538	calculation is not allowed for vehicles described in s.
539	316.535(6);
540	(d)  An apportionable apportioned motor vehicle, as defined
541	in s. 320.01, operating on the highways of this state without
542	being properly licensed and registered shall be subject to the
543	penalties as herein provided; and
544	(e)  Vehicles operating on the highways of this state from
545	nonmember International Registration Plan jurisdictions which
546	are not in compliance with the provisions of s. 316.605 shall be
547	subject 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
551	permits.-
552	(5)(a)  The Department of Transportation may issue a
553	wrecker special blanket permit to authorize a wrecker as defined
554	in s. 320.01(40) to tow a disabled vehicle as defined in s.
555	320.01(38) where the combination of the wrecker and the disabled
556	vehicle being towed exceeds the maximum weight limits as
557	established by s. 316.535.
558	(10)  Whenever any motor vehicle, or the combination of a
559	wrecker as defined in s. 320.01(40) and a towed motor vehicle,
560	exceeds any weight or dimensional criteria or special
561	operational or safety stipulation contained in a special permit
562	issued under the provisions of this section, the penalty
563	assessed to the owner or operator shall be as follows:
564	(a)  For violation of weight criteria contained in a
565	special permit, the penalty per pound or portion thereof
566	exceeding the permitted weight shall be as provided in s.
567	316.545.
568	(b)  For each violation of dimensional criteria in a
569	special permit, the penalty shall be as provided in s. 316.516
570	and penalties for multiple violations of dimensional criteria
571	shall be cumulative except that the total penalty for the
572	vehicle shall not exceed $1,000.
573	(c)  For each violation of an operational or safety
574	stipulation in a special permit, the penalty shall be an amount
575	not to exceed $1,000 per violation and penalties for multiple
576	violations of operational or safety stipulations shall be
577	cumulative except that the total penalty for the vehicle shall
578	not exceed $1,000.
579	(d)  For violation of any special condition that has been
580	prescribed in the rules of the Department of Transportation and
581	declared on the permit, the vehicle shall be determined to be
582	out of conformance with the permit and the permit shall be
583	declared null and void for the vehicle, and weight and
584	dimensional limits for the vehicle shall be as established in s.
585	316.515 or s. 316.535, whichever is applicable, and:
586	1.  For weight violations, a penalty as provided in s.
587	316.545 shall be assessed for those weights which exceed the
588	limits thus established for the vehicle; and
589	2.  For dimensional, operational, or safety violations, a
590	penalty as established in paragraph (c) or s. 316.516, whichever
591	is applicable, shall be assessed for each nonconforming
592	dimensional, operational, or safety violation and the penalties
593	for multiple violations shall be cumulative for the vehicle.
594	Section 16.  Subsection (9) of section 317.0003, Florida
595	Statutes, is amended to read:
596	317.0003  Definitions.-As used in this chapter, the term:
597	(9)  "ROV" means any motorized recreational off-highway
598	vehicle 64 inches or less in width, having a dry weight of 2,000
599	pounds or less, designed to travel on four or more nonhighway
600	tires, having nonstraddle seating and a steering wheel, and
601	manufactured for recreational use by one or more persons. The
602	term "ROV" does not include a golf cart as defined in ss.
603	320.01(22) and 316.003(68) or a low-speed vehicle as defined in
604	s. 320.01(42).
605	Section 17.  Section 317.0016, Florida Statutes, is amended
606	to read:
607	317.0016  Expedited service; applications; fees.-The
608	department shall provide, through its agents and for use by the
609	public, expedited service on title transfers, title issuances,
610	duplicate titles, and recordation of liens, and certificates of
611	repossession. A fee of $7 shall be charged for this service,
612	which is in addition to the fees imposed by ss. 317.0007 and
613	317.0008, and $3.50 of this fee shall be retained by the
614	processing agency. All remaining fees shall be deposited in the
615	Incidental Trust Fund of the Division of Forestry of the
616	Department of Agriculture and Consumer Services. Application for
617	expedited service may be made by mail or in person. The
618	department shall issue each title applied for pursuant to this
619	section within 5 working days after receipt of the application
620	except for an application for a duplicate title certificate
621	covered by s. 317.0008(3), in which case the title must be
622	issued within 5 working days after compliance with the
623	department'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;
627	procedures.-
628	(9)  Any person who does not hold a commercial driver's
629	license and who is cited while driving a noncommercial motor
630	vehicle for an infraction under this section other than a
631	violation of s. 316.183(2), s. 316.187, or s. 316.189 when the
632	driver exceeds the posted limit by 30 miles per hour or more, s.
633	320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.
634	322.61, or s. 322.62 may, in lieu of a court appearance, elect
635	to attend in the location of his or her choice within this state
636	a basic driver improvement course approved by the Department of
637	Highway Safety and Motor Vehicles. In such a case, adjudication
638	must be withheld and points, as provided by s. 322.27, may not
639	be assessed. However, a person may not make an election under
640	this subsection if the person has made an election under this
641	subsection in the preceding 12 months. A person may make no more
642	than five elections within his or her lifetime under this
643	subsection. The requirement for community service under s.
644	318.18(8) is not waived by a plea of nolo contendere or by the
645	withholding of adjudication of guilt by a court. If a person
646	makes an election to attend a basic driver improvement course
647	under this subsection, 18 percent of the civil penalty imposed
648	under s. 318.18(3) shall be deposited in the State Courts
649	Revenue Trust Fund; however, that portion is not revenue for
650	purposes of s. 28.36 and may not be used in establishing the
651	budget 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
653	license and who is cited while driving a noncommercial motor
654	vehicle for an offense listed under this subsection may, in lieu
655	of payment of fine or court appearance, elect to enter a plea of
656	nolo contendere and provide proof of compliance to the clerk of
657	the court, designated official, or authorized operator of a
658	traffic violations bureau. In such case, adjudication shall be
659	withheld; however, no election shall be made under this
660	subsection if such person has made an election under this
661	subsection in the 12 months preceding election hereunder. No
662	person may make more than three elections under this subsection.
663	This subsection applies to the following offenses:
664	1.  Operating a motor vehicle without a valid driver's
665	license in violation of the provisions of s. 322.03, s. 322.065,
666	or s. 322.15(1), or operating a motor vehicle with a license
667	that has been suspended for failure to appear, failure to pay
668	civil penalty, or failure to attend a driver improvement course
669	pursuant to s. 322.291.
670	2.  Operating a motor vehicle without a valid registration
671	in 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
674	suspended under s. 61.13016 or s. 322.245 for failure to pay
675	child support or for failure to pay any other financial
676	obligation as provided in s. 322.245; however, this subparagraph
677	does not apply if the license has been suspended pursuant to s.
678	322.245(1).
679	5.  Operating a motor vehicle with a license that has been
680	suspended under s. 322.091 for failure to meet school attendance
681	requirements.
682	Section 19.  Paragraph (a) of subsection (1) of section
683	318.15, Florida Statutes, is amended to read:
684	318.15  Failure to comply with civil penalty or to appear;
685	penalty.-
686	(1)(a)  If a person fails to comply with the civil
687	penalties provided in s. 318.18 within the time period specified
688	in s. 318.14(4), fails to enter into or comply with the terms of
689	a penalty payment plan with the clerk of the court in accordance
690	with ss. 318.14 and 28.246, fails to attend driver improvement
691	school, or fails to appear at a scheduled hearing, the clerk of
692	the court shall notify the Division of Driver Licenses of the
693	Department of Highway Safety and Motor Vehicles of such failure
694	within 10 days after such failure. Upon receipt of such notice,
695	the department shall immediately issue an order suspending the
696	driver's license and privilege to drive of such person effective
697	20 days after the date the order of suspension is mailed in
698	accordance with s. 322.251(1), (2), and (6). Any such suspension
699	of the driving privilege which has not been reinstated,
700	including a similar suspension imposed outside Florida, shall
701	remain on the records of the department for a period of 7 years
702	from the date imposed and shall be removed from the records
703	after the expiration of 7 years from the date it is imposed.
704	Section 20.  Section 319.14, Florida Statutes, is amended
705	to read:
706	319.14  Sale of motor vehicles registered or used as
707	taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
708	and nonconforming vehicles, custom vehicles, or street rod
709	vehicles.-
710	(1)(a)  A No person may not shall knowingly offer for sale,
711	sell, or exchange any vehicle that has been licensed,
712	registered, or used as a taxicab, police vehicle, or short-term-
713	lease vehicle, or a vehicle that has been repurchased by a
714	manufacturer pursuant to a settlement, determination, or
715	decision under chapter 681, until the department has stamped in
716	a conspicuous place on the certificate of title of the vehicle,
717	or its duplicate, words stating the nature of the previous use
718	of the vehicle or the title has been stamped "Manufacturer's Buy
719	Back" to reflect that the vehicle is a nonconforming vehicle. If
720	the certificate of title or duplicate was not so stamped upon
721	initial issuance thereof or if, subsequent to initial issuance
722	of the title, the use of the vehicle is changed to a use
723	requiring the notation provided for in this section, the owner
724	or lienholder of the vehicle shall surrender the certificate of
725	title or duplicate to the department before prior to offering
726	the vehicle for sale, and the department shall stamp the
727	certificate or duplicate as required herein. If When a vehicle
728	has been repurchased by a manufacturer pursuant to a settlement,
729	determination, or decision under chapter 681, the title shall be
730	stamped "Manufacturer's Buy Back" to reflect that the vehicle is
731	a nonconforming vehicle.
732	(b)  A No person may not shall knowingly offer for sale,
733	sell, or exchange a rebuilt vehicle until the department has
734	stamped in a conspicuous place on the certificate of title for
735	the vehicle words stating that the vehicle has been rebuilt or
736	assembled from parts, or is a kit car, glider kit, replica, or
737	flood vehicle, custom vehicle, or street rod vehicle unless
738	proper application for a certificate of title for a vehicle that
739	is rebuilt or assembled from parts, or is a kit car, glider kit,
740	replica, or flood vehicle, custom vehicle, or street rod vehicle
741	has been made to the department in accordance with this chapter
742	and the department has conducted the physical examination of the
743	vehicle to assure the identity of the vehicle and all major
744	component parts, as defined in s. 319.30(1), which have been
745	repaired or replaced. Thereafter, the department shall affix a
746	decal to the vehicle, in the manner prescribed by the
747	department, showing the vehicle to be rebuilt. A vehicle may not
748	be inspected or issued a rebuilt title until all major component
749	parts, as defined in s. 319.30, which were damaged have been
750	repaired or replaced.
751	(c)  As used in this section, the term:
752	1.  "Police vehicle" means a motor vehicle owned or leased
753	by the state or a county or municipality and used in law
754	enforcement.
755	2.a.  "Short-term-lease vehicle" means a motor vehicle
756	leased without a driver and under a written agreement to one or
757	more persons from time to time for a period of less than 12
758	months.
759	b.  "Long-term-lease vehicle" means a motor vehicle leased
760	without a driver and under a written agreement to one person for
761	a period of 12 months or longer.
762	c.  "Lease vehicle" includes both short-term-lease vehicles
763	and long-term-lease vehicles.
764	3.  "Rebuilt vehicle" means a motor vehicle or mobile home
765	built from salvage or junk, as defined in s. 319.30(1).
766	4.  "Assembled from parts" means a motor vehicle or mobile
767	home assembled from parts or combined from parts of motor
768	vehicles or mobile homes, new or used. "Assembled from parts"
769	does not mean a motor vehicle defined as a "rebuilt vehicle" in
770	subparagraph 3., which has been declared a total loss pursuant
771	to s. 319.30.
772	5.  "Kit car" means a motor vehicle assembled with a kit
773	supplied by a manufacturer to rebuild a wrecked or outdated
774	motor vehicle with a new body kit.
775	6.  "Glider kit" means a vehicle assembled with a kit
776	supplied by a manufacturer to rebuild a wrecked or outdated
777	truck or truck tractor.
778	7.  "Replica" means a complete new motor vehicle
779	manufactured to look like an old vehicle.
780	8.  "Flood vehicle" means a motor vehicle or mobile home
781	that has been declared to be a total loss pursuant to s.
782	319.30(3)(a) resulting from damage caused by water.
783	9.  "Nonconforming vehicle" means a motor vehicle which has
784	been purchased by a manufacturer pursuant to a settlement,
785	determination, or decision under chapter 681.
786	10.  "Settlement" means an agreement entered into between a
787	manufacturer and a consumer that occurs after a dispute is
788	submitted to a program, or an informal dispute settlement
789	procedure established by a manufacturer or is approved for
790	arbitration before the New Motor Vehicle Arbitration Board as
791	defined 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
794	1948, or was manufactured to resemble a vehicle that is 25 years
795	of age or older and of a model year after 1948; and
796	b.  Has been altered from the manufacturer's original
797	design or has a body constructed from nonoriginal materials.
798
799	The model year and year of manufacture which the body of a
800	custom vehicle resembles is the model year and year of
801	manufacture listed on the certificate of title, regardless of
802	when 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
805	after 1948 to resemble a vehicle of a model year of 1948 or
806	older; and
807	b.  Has been altered from the manufacturer's original
808	design or has a body constructed from nonoriginal materials.
809
810	The model year and year of manufacture which the body of a
811	street rod resembles is the model year and year of manufacture
812	listed on the certificate of title, regardless of when the
813	vehicle was actually manufactured.
814	(2)  A No person may not shall knowingly sell, exchange, or
815	transfer a vehicle referred to in subsection (1) without, before
816	prior to consummating the sale, exchange, or transfer,
817	disclosing in writing to the purchaser, customer, or transferee
818	the fact that the vehicle has previously been titled,
819	registered, or used as a taxicab, police vehicle, or short-term-
820	lease vehicle, or is a vehicle that is rebuilt or assembled from
821	parts, or is a kit car, glider kit, replica, or flood vehicle,
822	or is a nonconforming vehicle, custom vehicle, or street rod
823	vehicle, as the case may be.
824	(3)  Any person who, with intent to offer for sale or
825	exchange any vehicle referred to in subsection (1), knowingly or
826	intentionally advertises, publishes, disseminates, circulates,
827	or places before the public in any communications medium,
828	whether directly or indirectly, any offer to sell or exchange
829	the vehicle shall clearly and precisely state in each such offer
830	that the vehicle has previously been titled, registered, or used
831	as a taxicab, police vehicle, or short-term-lease vehicle or
832	that the vehicle or mobile home is a vehicle that is rebuilt or
833	assembled from parts, or is a kit car, glider kit, replica, or
834	flood vehicle, or is a nonconforming vehicle, custom vehicle, or
835	street rod vehicle, as the case may be. Any person who violates
836	this subsection commits a misdemeanor of the second degree,
837	punishable as provided in s. 775.082 or s. 775.083.
838	(4)  If When a certificate of title, including a foreign
839	certificate, is branded to reflect a condition or prior use of
840	the titled vehicle, the brand must be noted on the registration
841	certificate of the vehicle and such brand shall be carried
842	forward on all subsequent certificates of title and registration
843	certificates issued for the life of the vehicle.
844	(5)  Any person who knowingly sells, exchanges, or offers
845	to sell or exchange a motor vehicle or mobile home contrary to
846	the provisions of this section or any officer, agent, or
847	employee of a person who knowingly authorizes, directs, aids in,
848	or consents to the sale, exchange, or offer to sell or exchange
849	a motor vehicle or mobile home contrary to the provisions of
850	this section commits a misdemeanor of the second degree,
851	punishable as provided in s. 775.082 or s. 775.083.
852	(6)  Any person who removes a rebuilt decal from a rebuilt
853	vehicle with the intent to conceal the rebuilt status of the
854	vehicle commits a felony of the third degree, punishable as
855	provided in s. 775.082, s. 775.083, or s. 775.084.
856	(7)  This section applies to a mobile home, travel trailer,
857	camping trailer, truck camper, or fifth-wheel recreation trailer
858	only when the such mobile home or vehicle is a rebuilt vehicle
859	or is assembled from parts.
860	(8)  A No person is not shall be liable or accountable in
861	any civil action arising out of a violation of this section if
862	the designation of the previous use or condition of the motor
863	vehicle is not noted on the certificate of title and
864	registration certificate of the vehicle which was received by,
865	or delivered to, such person, unless the such person has
866	actively concealed the prior use or condition of the vehicle
867	from the purchaser.
868	(9)  Subsections (1), (2), and (3) do not apply to the
869	transfer of ownership of a motor vehicle after the motor vehicle
870	has ceased to be used as a lease vehicle and the ownership has
871	been transferred to an owner for private use or to the transfer
872	of ownership of a nonconforming vehicle with 36,000 or more
873	miles on its odometer, or 34 months whichever is later and the
874	ownership has been transferred to an owner for private use. Such
875	owner, as shown on the title certificate, may request the
876	department to issue a corrected certificate of title that does
877	not contain the statement of the previous use of the vehicle as
878	a lease vehicle or condition as a nonconforming vehicle.
879	Section 21.  Section 319.225, Florida Statutes, is amended
880	to read:
881	319.225  Transfer and reassignment forms; odometer
882	disclosure statements.-
883	(1)  Every certificate of title issued by the department
884	must contain the following statement on its reverse side:
885	"Federal and state law require the completion of the odometer
886	statement set out below. Failure to complete or providing false
887	information may result in fines, imprisonment, or both."
888	(2)  Each certificate of title issued by the department
889	must contain on its reverse side a form for transfer of title by
890	the titleholder of record, which form must contain an odometer
891	disclosure statement in the form required by 49 C.F.R. s. 580.5.
892	(3)  Each certificate of title issued by the department
893	must contain on its reverse side as many forms as space allows
894	for reassignment of title by a licensed dealer as permitted by
895	s. 319.21(3), which form or forms shall contain an odometer
896	disclosure statement in the form required by 49 C.F.R. s. 580.5.
897	When all dealer reassignment forms provided on the back of the
898	title certificate have been filled in, a dealer may reassign the
899	title certificate by using a separate dealer reassignment form
900	issued by the department in compliance with 49 C.F.R. ss. 580.4
901	and 580.5, which form shall contain an original, two carbon
902	copies one of which shall be submitted directly to the
903	department by the dealer within 5 business days after the
904	transfer and a copy, one of which shall be retained by the
905	dealer in his or her records for 5 years. The provisions of this
906	subsection shall also apply to vehicles not previously titled in
907	this state and vehicles whose title certificates do not contain
908	the forms required by this section.
909	(4)  Upon transfer or reassignment of a certificate of
910	title to a used motor vehicle, the transferor shall complete the
911	odometer disclosure statement provided for by this section and
912	the transferee shall acknowledge the disclosure by signing and
913	printing his or her name in the spaces provided. This subsection
914	does not apply to a vehicle that has a gross vehicle rating of
915	more than 16,000 pounds, a vehicle that is not self-propelled,
916	or a vehicle that is 10 years old or older. A lessor who
917	transfers title to his or her vehicle without obtaining
918	possession of the vehicle shall make odometer disclosure as
919	provided by 49 C.F.R. s. 580.7. Any person who fails to complete
920	or acknowledge a disclosure statement as required by this
921	subsection commits is guilty of a misdemeanor of the second
922	degree, punishable as provided in s. 775.082 or s. 775.083. The
923	department may not issue a certificate of title unless this
924	subsection has been complied with.
925	(5)  The same person may not sign a disclosure statement as
926	both the transferor and the transferee in the same transaction
927	except as provided in subsection (6).
928	(6)(a)  If the certificate of title is physically held by a
929	lienholder, the transferor may give a power of attorney to his
930	or her transferee for the purpose of odometer disclosure. The
931	power of attorney must be on a form issued or authorized by the
932	department, which form must be in compliance with 49 C.F.R. ss.
933	580.4 and 580.13. The department shall not require the signature
934	of the transferor to be notarized on the form; however, in lieu
935	of notarization, the form shall include an affidavit with the
936	following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
937	HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
938	ARE TRUE. The transferee shall sign the power of attorney form,
939	print his or her name, and return a copy of the power of
940	attorney form to the transferor. Upon receipt of a title
941	certificate, the transferee shall complete the space for mileage
942	disclosure on the title certificate exactly as the mileage was
943	disclosed by the transferor on the power of attorney form. If
944	the transferee is a licensed motor vehicle dealer who is
945	transferring the vehicle to a retail purchaser, the dealer shall
946	make application on behalf of the retail purchaser as provided
947	in s. 319.23(6) and shall submit the original power of attorney
948	form to the department with the application for title and the
949	transferor's title certificate; otherwise, a dealer may reassign
950	the title certificate by using the dealer reassignment form in
951	the manner prescribed in subsection (3), and, at the time of
952	physical transfer of the vehicle, the original power of attorney
953	shall be delivered to the person designated as the transferee of
954	the dealer on the dealer reassignment form. A copy of the
955	executed power of attorney shall be submitted to the department
956	with a copy of the executed dealer reassignment form within 5
957	business days after the certificate of title and dealer
958	reassignment form are delivered by the dealer to its transferee.
959	(b)  If the certificate of title is lost or otherwise
960	unavailable, the transferor may give a power of attorney to his
961	or her transferee for the purpose of odometer disclosure. The
962	power of attorney must be on a form issued or authorized by the
963	department, which form must be in compliance with 49 C.F.R. ss.
964	580.4 and 580.13. The department shall not require the signature
965	of the transferor to be notarized on the form; however, in lieu
966	of notarization, the form shall include an affidavit with the
967	following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
968	HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
969	ARE TRUE. The transferee shall sign the power of attorney form,
970	print his or her name, and return a copy of the power of
971	attorney form to the transferor. Upon receipt of the title
972	certificate or a duplicate title certificate, the transferee
973	shall complete the space for mileage disclosure on the title
974	certificate exactly as the mileage was disclosed by the
975	transferor on the power of attorney form. If the transferee is a
976	licensed motor vehicle dealer who is transferring the vehicle to
977	a retail purchaser, the dealer shall make application on behalf
978	of the retail purchaser as provided in s. 319.23(6) and shall
979	submit the original power of attorney form to the department
980	with the application for title and the transferor's title
981	certificate or duplicate title certificate; otherwise, a dealer
982	may reassign the title certificate by using the dealer
983	reassignment form in the manner prescribed in subsection (3),
984	and, at the time of physical transfer of the vehicle, the
985	original power of attorney shall be delivered to the person
986	designated as the transferee of the dealer on the dealer
987	reassignment form. If the dealer sells the vehicle to an out-of-
988	state resident or an out-of-state dealer and the power of
989	attorney form is applicable to the transaction, the dealer must
990	photocopy the completed original of the form and mail it
991	directly to the department within 5 business days after the
992	certificate of title and dealer reassignment form are delivered
993	by the dealer to the purchaser. A copy of the executed power of
994	attorney shall be submitted to the department with a copy of the
995	executed dealer reassignment form within 5 business days after
996	the duplicate certificate of title and dealer reassignment form
997	are delivered by the dealer to its transferee.
998	(c)  If the mechanics of the transfer of title to a motor
999	vehicle in accordance with the provisions of paragraph (a) or
1000	paragraph (b) are determined to be incompatible with and
1001	unlawful under the provisions of 49 C.F.R. part 580, the
1002	transfer of title to a motor vehicle by operation of this
1003	subsection can be effected in any manner not inconsistent with
1004	49 C.F.R. part 580 and Florida law; provided, any power of
1005	attorney form issued or authorized by the department under this
1006	subsection shall contain an original, two carbon copies, one of
1007	which shall be submitted directly to the department by the
1008	dealer within 5 business days of use by the dealer to effect
1009	transfer of a title certificate as provided in paragraphs (a)
1010	and (b) and a copy, one of which shall be retained by the dealer
1011	in its records for 5 years.
1012	(d)  Any person who fails to complete the information
1013	required by this subsection or to file with the department the
1014	forms required by this subsection commits is guilty of a
1015	misdemeanor of the second degree, punishable as provided in s.
1016	775.082 or s. 775.083. The department shall not issue a
1017	certificate of title unless this subsection has been complied
1018	with.
1019	(7)  Subject to approval by the National Highway Traffic
1020	Safety Administration or any other applicable authority, if a
1021	title is held electronically and the transferee agrees to
1022	maintain the title electronically, the transferor and transferee
1023	shall complete a secure reassignment document that discloses the
1024	odometer reading and is signed by both the transferor and
1025	transferee at the tax collector's office or license plate
1026	agency. A dealer acquiring a motor vehicle that has an
1027	electronic title shall use a secure reassignment document signed
1028	by the person from whom the dealer acquired the motor vehicle.
1029	Upon transferring the motor vehicle to a purchaser, a separate
1030	reassignment document shall be executed.
1031	(8)(7)  Each certificate of title issued by the department
1032	must contain on its reverse side a minimum of three four spaces
1033	for notation of the name and license number of any auction
1034	through which the vehicle is sold and the date the vehicle was
1035	auctioned. Each separate dealer reassignment form issued by the
1036	department must also have the space referred to in this section.
1037	When a transfer of title is made at a motor vehicle auction, the
1038	reassignment must note the name and address of the auction, but
1039	the auction shall not thereby be deemed to be the owner, seller,
1040	transferor, or assignor of title. A motor vehicle auction is
1041	required to execute a dealer reassignment only when it is the
1042	owner of a vehicle being sold.
1043	(9)(8)  Upon transfer or reassignment of a used motor
1044	vehicle through the services of an auction, the auction shall
1045	complete the information in the space provided for by subsection
1046	(8) (7). Any person who fails to complete the information as
1047	required by this subsection commits is guilty of a misdemeanor
1048	of the second degree, punishable as provided in s. 775.082 or s.
1049	775.083. The department shall not issue a certificate of title
1050	unless this subsection has been complied with.
1051	(10)(9)  This section shall be construed to conform to 49
1052	C.F.R. part 580.
1053	Section 22.  Subsection (6) of section 319.23, Florida
1054	Statutes, is amended, present subsections (7) through (11) of
1055	that section are renumbered as subsections (8) through (12),
1056	respectively, and  a new subsection (7) is added to that
1057	section, to read:
1058	319.23  Application for, and issuance of, certificate of
1059	title.-
1060	(6)(a)  In the case of the sale of a motor vehicle or
1061	mobile home by a licensed dealer to a general purchaser, the
1062	certificate of title must be obtained in the name of the
1063	purchaser by the dealer upon application signed by the
1064	purchaser, and in each other case such certificate must be
1065	obtained by the purchaser. In each case of transfer of a motor
1066	vehicle or mobile home, the application for a certificate of
1067	title, a corrected certificate, or an assignment or reassignment
1068	must be filed within 30 days after the delivery of the motor
1069	vehicle or from consummation of the sale of a mobile home to the
1070	purchaser. An applicant must pay a fee of $20, in addition to
1071	all other fees and penalties required by law, for failing to
1072	file such application within the specified time. In the case of
1073	the sale of a motor vehicle by a licensed motor vehicle dealer
1074	to a general purchaser who resides in another state or country,
1075	the dealer is not required to apply for a certificate of title
1076	for the motor vehicle; however, the dealer must transfer
1077	ownership and reassign the certificate of title or
1078	manufacturer's certificate of origin to the purchaser, and the
1079	purchaser must sign an affidavit, as approved by the department,
1080	that the purchaser will title and register the motor vehicle in
1081	another state or country.
1082	(b)  If a licensed dealer acquires a motor vehicle or
1083	mobile home as a trade-in, the dealer must file with the
1084	department, within 30 days, a notice of sale signed by the
1085	seller. The department shall update its database for that title
1086	record to indicate "sold." A licensed dealer need not apply for
1087	a certificate of title for any motor vehicle or mobile home in
1088	stock acquired for stock purposes except as provided in s.
1089	319.225.
1090	(7)  If an applicant for a certificate of title is unable
1091	to provide the department with a certificate of title that
1092	assigns the prior owner's interest in the motor vehicle, the
1093	department may accept a bond in the form prescribed by the
1094	department, along with an affidavit in a form prescribed by the
1095	department, which includes verification of the vehicle
1096	identification 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
1101	business in this state;
1102	4.  In an amount equal to two times the value of the
1103	vehicle as determined by the department; and
1104	5.  Conditioned to indemnify all prior owners and
1105	lienholders and all subsequent purchasers of the vehicle or
1106	persons who acquire a security interest in the vehicle, and
1107	their successors in interest, against any expense, loss, or
1108	damage, including reasonable attorney's fees, occurring because
1109	of the issuance of the certificate of title for the vehicle or
1110	for a defect in or undisclosed security interest on the right,
1111	title, or interest of the applicant to the vehicle.
1112	(b)  An interested person has a right to recover on the
1113	bond for a breach of the bond's condition. The aggregate
1114	liability of the surety to all persons may not exceed the amount
1115	of the bond.
1116	(c)  A bond under this subsection expires on the third
1117	anniversary 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
1121	applicant acquired ownership and possession of the motor
1122	vehicle;
1123	3.  Disclose that no security interests, liens, or
1124	encumbrances against the motor vehicle are known to the
1125	applicant against the motor vehicle; and
1126	4.  State that the applicant has the right to have a
1127	certificate of title issued.
1128	Section 23.  Paragraph (b) of subsection (2) of section
1129	319.28, 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
1133	home pursuant to the terms of a security agreement or similar
1134	instrument, an affidavit by the party to whom possession has
1135	passed stating that the vehicle or mobile home was repossessed
1136	upon default in the terms of the security agreement or other
1137	instrument shall be considered satisfactory proof of ownership
1138	and right of possession. At least 5 days before prior to selling
1139	the repossessed vehicle, any subsequent lienholder named in the
1140	last issued certificate of title shall be sent notice of the
1141	repossession by certified mail, on a form prescribed by the
1142	department. If such notice is given and no written protest to
1143	the department is presented by a subsequent lienholder within 15
1144	days after from the date on which the notice was mailed, the
1145	certificate of title or the certificate of repossession shall be
1146	issued showing no liens. If the former owner or any subsequent
1147	lienholder files a written protest under oath within such 15-day
1148	period, the department shall not issue the certificate of title
1149	or certificate of repossession for 10 days thereafter. If within
1150	the 10-day period no injunction or other order of a court of
1151	competent jurisdiction has been served on the department
1152	commanding it not to deliver the certificate of title or
1153	certificate of repossession, the department shall deliver the
1154	certificate of title or repossession to the applicant or as may
1155	otherwise be directed in the application showing no other liens
1156	than those shown in the application. Any lienholder who has
1157	repossessed a vehicle in this state in compliance with the
1158	provisions of this section must apply to a tax collector's
1159	office in this state or to the department for a certificate of
1160	repossession or to the department for a certificate of title
1161	pursuant to s. 319.323. Proof of the required notice to
1162	subsequent lienholders shall be submitted together with regular
1163	title fees. A lienholder to whom a certificate of repossession
1164	has been issued may assign the certificate of title to the
1165	subsequent owner. Any person who violates found guilty of
1166	violating any requirements of this paragraph commits shall be
1167	guilty of a felony of the third degree, punishable as provided
1168	in s. 775.082, s. 775.083, or s. 775.084.
1169	Section 24.  Section 319.323, Florida Statutes, is amended
1170	to read:
1171	319.323  Expedited service; applications; fees.-The
1172	department shall establish a separate title office which may be
1173	used by private citizens and licensed motor vehicle dealers to
1174	receive expedited service on title transfers, title issuances,
1175	duplicate titles, and recordation of liens, and certificates of
1176	repossession. A fee of $10 shall be charged for this service,
1177	which fee is in addition to the fees imposed by s. 319.32. The
1178	fee, after deducting the amount referenced by s. 319.324 and
1179	$3.50 to be retained by the processing agency, shall be
1180	deposited into the General Revenue Fund. Application for
1181	expedited service may be made by mail or in person. The
1182	department shall issue each title applied for under this section
1183	within 5 working days after receipt of the application except
1184	for an application for a duplicate title certificate covered by
1185	s. 319.23(4), in which case the title must be issued within 5
1186	working days after compliance with the department's verification
1187	requirements.
1188	Section 25.  Section 319.40, Florida Statutes, is amended
1189	to read:
1190	319.40  Transactions by electronic or telephonic means.-
1191	(1)  The department may is authorized to accept any
1192	application provided for under this chapter by electronic or
1193	telephonic means.
1194	(2)  The department may issue an electronic certificate of
1195	title in lieu of printing a paper title.
1196	(3)  The department may collect and use electronic mail
1197	addresses as a notification method in lieu of the United States
1198	Postal Service.
1199	Section 26.  Paragraph (a) of subsection (1) of section
1200	320.01, Florida Statutes, is amended, present subsections (24)
1201	through (45) are renumbered as subsections (23) through (44),
1202	respectively, and present subsections (23), (25), and (26) of
1203	that section are amended, to read:
1204	320.01  Definitions, general.-As used in the Florida
1205	Statutes, except as otherwise provided, the term:
1206	(1)  "Motor vehicle" means:
1207	(a)  An automobile, motorcycle, truck, trailer,
1208	semitrailer, truck tractor and semitrailer combination, or any
1209	other vehicle operated on the roads of this state, used to
1210	transport persons or property, and propelled by power other than
1211	muscular power, but the term does not include traction engines,
1212	road rollers, special mobile equipment as defined in chapter
1213	316, such vehicles as run only upon a track, bicycles, or
1214	mopeds.
1215	(23)  "Apportioned motor vehicle" means any motor vehicle
1216	which is required to be registered, or with respect to which an
1217	election has been made to register it, under the International
1218	Registration Plan.
1219	(24)(25)  "Apportionable vehicle" means any vehicle, except
1220	recreational vehicles, vehicles displaying restricted plates,
1221	city pickup and delivery vehicles, buses used in transportation
1222	of chartered parties, and government-owned vehicles, which is
1223	used or intended for use in two or more member jurisdictions
1224	that allocate or proportionally register vehicles and which is
1225	used for the transportation of persons for hire or is designed,
1226	used, or maintained primarily for the transportation of property
1227	and:
1228	(a)  Is a power unit having a gross vehicle weight in
1229	excess of 26,000 26,001 pounds;
1230	(b)  Is a power unit having three or more axles, regardless
1231	of weight; or
1232	(c)  Is used in combination, when the weight of such
1233	combination exceeds 26,000 26,001 pounds gross vehicle weight.
1234
1235	Vehicles, or combinations thereof, having a gross vehicle weight
1236	of 26,000 26,001 pounds or less and two-axle vehicles may be
1237	proportionally registered.
1238	(25)(26)  "Commercial motor vehicle" means any vehicle that
1239	which is not owned or operated by a governmental entity, that
1240	which uses special fuel or motor fuel on the public highways,
1241	and that which has a gross vehicle weight of 26,001 pounds or
1242	more, or has three or more axles regardless of weight, or is
1243	used in combination when the weight of such combination exceeds
1244	26,000 26,001 pounds gross vehicle weight. A vehicle that
1245	occasionally transports personal property to and from a closed-
1246	course motorsport facility, as defined in s. 549.09(1)(a), is
1247	not a commercial motor vehicle if the use is not for profit and
1248	corporate sponsorship is not involved. As used in this
1249	subsection, the term "corporate sponsorship" means a payment,
1250	donation, gratuity, in-kind service, or other benefit provided
1251	to or derived by a person in relation to the underlying
1252	activity, other than the display of product or corporate names,
1253	logos, or other graphic information on the property being
1254	transported.
1255	Section 27.  Subsections (2) and (4) of section 320.02,
1256	Florida Statutes, are amended, and subsection (18) is added to
1257	that section, to read:
1258	320.02  Registration required; application for
1259	registration; forms.-
1260	(2)(a)  The application for registration shall include the
1261	street address of the owner's permanent residence or the address
1262	of his or her permanent place of business and shall be
1263	accompanied by personal or business identification information
1264	which may include, but need not be limited to, a driver's
1265	license number, Florida identification card number, or federal
1266	employer identification number. If the owner does not have a
1267	permanent residence or permanent place of business or if the
1268	owner's permanent residence or permanent place of business
1269	cannot be identified by a street address, the application shall
1270	include:
1271	1.  If the vehicle is registered to a business, the name
1272	and street address of the permanent residence of an owner of the
1273	business, an officer of the corporation, or an employee who is
1274	in a supervisory position.
1275	2.  If the vehicle is registered to an individual, the name
1276	and street address of the permanent residence of a close
1277	relative or friend who is a resident of this state.
1278
1279	If the vehicle is registered to an active-duty military member
1280	who is a Florida resident, the member is exempt from the
1281	requirement to provide a Florida residential address.
1282	(b)  The department shall prescribe a form upon which motor
1283	vehicle owners may record odometer readings when registering
1284	their motor vehicles.
1285	(4)  The owner of any motor vehicle registered in the state
1286	shall notify the department in writing of any change of address
1287	within 20 days of such change. The notification shall include
1288	the registration license plate number, the vehicle
1289	identification number (VIN) or title certificate number, year of
1290	vehicle make, and the owner's full name. Any owner or registrant
1291	who possesses a Florida driver's license or identification card
1292	and changes residence or mailing address must obtain a
1293	replacement as provided for in s. 322.19(2) before changing the
1294	address on the motor vehicle record.
1295	(18)  All electronic registration records shall be retained
1296	by the department for not less than 10 years.
1297	Section 28.  Subsection (9) is added to section 320.023,
1298	Florida Statutes, to read:
1299	320.023  Requests to establish voluntary checkoff on motor
1300	vehicle registration application.-
1301	(9)  The department may annually retain from the first
1302	proceeds derived from the voluntary contributions collected an
1303	amount sufficient to defray for each voluntary contribution the
1304	pro rata share of the department's costs directly related to the
1305	voluntary contributions program. Such costs include renewal
1306	notices, postage, distribution costs, direct costs to the
1307	department, and costs associated with reviewing each
1308	organization's compliance with the audit and attestation
1309	requirements of this section. The balance of the proceeds from
1310	the voluntary contributions collected shall be distributed as
1311	provided by law.
1312	Section 29.  Subsections (7) and (8) of section 320.03,
1313	Florida Statutes, are amended to read:
1314	320.03  Registration; duties of tax collectors;
1315	International Registration Plan.-
1316	(7)  The Department of Highway Safety and Motor Vehicles
1317	shall register apportionable apportioned motor vehicles under
1318	the provisions of the International Registration Plan. The
1319	department may adopt rules to implement and enforce the
1320	provisions of the plan.
1321	(8)  If the applicant's name appears on the list referred
1322	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1323	license plate or revalidation sticker may not be issued until
1324	that person's name no longer appears on the list or until the
1325	person presents a receipt from the governmental entity or the
1326	clerk of court that provided the data showing that the fines
1327	outstanding have been paid. This subsection does not apply to
1328	the owner of a leased vehicle if the vehicle is registered in
1329	the name of the lessee of the vehicle. The tax collector and the
1330	clerk of the court are each entitled to receive monthly, as
1331	costs for implementing and administering this subsection, 10
1332	percent of the civil penalties and fines recovered from such
1333	persons. As used in this subsection, the term "civil penalties
1334	and fines" does not include a wrecker operator's lien as
1335	described in s. 713.78(13). If the tax collector has private tag
1336	agents, such tag agents are entitled to receive a pro rata share
1337	of the amount paid to the tax collector, based upon the
1338	percentage of license plates and revalidation stickers issued by
1339	the tag agent compared to the total issued within the county.
1340	The authority of any private agent to issue license plates shall
1341	be revoked, after notice and a hearing as provided in chapter
1342	120, if he or she issues any license plate or revalidation
1343	sticker contrary to the provisions of this subsection. This
1344	section applies only to the annual renewal in the owner's birth
1345	month of a motor vehicle registration and does not apply to the
1346	transfer of a registration of a motor vehicle sold by a motor
1347	vehicle dealer licensed under this chapter, except for the
1348	transfer of registrations which is inclusive of the annual
1349	renewals. This section does not affect the issuance of the title
1350	to 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;
1354	lists and searches; fees.-
1355	(3)
1356	(b)  Fees therefor shall be charged and collected as
1357	follows:
1358	1.  For providing lists of motor vehicle or vessel records
1359	for the entire state, or any part or parts thereof, divided
1360	according to counties, a sum computed at a rate of not less than
1361	1 cent nor more than 5 cents per item.
1362	2.  For providing noncertified photographic copies of motor
1363	vehicle or vessel documents, $1 per page.
1364	3.  For providing noncertified photographic copies of
1365	micrographic records, $1 per page.
1366	4.  For providing certified copies of motor vehicle or
1367	vessel records, $3 per record.
1368	5.  For providing noncertified computer-generated printouts
1369	of motor vehicle or vessel records, 50 cents per record.
1370	6.  For providing certified computer-generated printouts of
1371	motor vehicle or vessel records, $3 per record.
1372	7.  For providing electronic access to motor vehicle,
1373	vessel, and mobile home registration data requested by tag,
1374	vehicle identification number, title number, or decal number, 50
1375	cents per item.
1376	8.  For providing electronic access to driver's license
1377	status report by name, sex, and date of birth or by driver
1378	license number, 50 cents per item.
1379	9.  For providing lists of licensed mobile home dealers and
1380	manufacturers and recreational vehicle dealers and
1381	manufacturers, $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
1386	Procedures Manual, $25.
1387	(5)  The creation and maintenance of records by the
1388	Division of Motorist Services within the department and the
1389	Division of Motor Vehicles pursuant to this chapter shall not be
1390	regarded as law enforcement functions of agency recordkeeping.
1391	Section 31.  Paragraph (d) is added to subsection (1) of
1392	section 320.06, Florida Statutes, and subsection (5) is added to
1393	that section, to read:
1394	320.06  Registration certificates, license plates, and
1395	validation stickers generally.-
1396	(1)
1397	(d)  The department may conduct a pilot program to evaluate
1398	designs, concepts, and technologies for alternative license
1399	plate technologies. The pilot program shall investigate the
1400	feasibility and use of alternative license plate technologies
1401	and shall be limited to license plates that are used on
1402	government-owned motor vehicles, as defined in s. 320.0655.
1403	Government license plates in the pilot program are exempt from
1404	current license plate requirements in paragraph (3)(a).
1405	(5)  All license plates issued pursuant to this chapter are
1406	the property of the State of Florida.
1407	Section 32.  Section 320.061, Florida Statutes, is amended
1408	to read:
1409	320.061  Unlawful to alter motor vehicle registration
1410	certificates, temporary license plates, license plates, mobile
1411	home stickers, or validation stickers or to obscure license
1412	plates; penalty.-No person shall alter the original appearance
1413	of any registration license plate, temporary license plate,
1414	mobile home sticker, validation sticker, or vehicle registration
1415	certificate issued for and assigned to any motor vehicle or
1416	mobile home, whether by mutilation, alteration, defacement, or
1417	change of color or in any other manner. No person shall apply or
1418	attach any substance, reflective matter, illuminated device,
1419	spray, coating, covering, or other material onto or around any
1420	license plate that interferes with the legibility, angular
1421	visibility, or detectability of any feature or detail on the
1422	license plate or interferes with the ability to record any
1423	feature or detail on the license plate. Any person who violates
1424	this section commits a noncriminal traffic infraction,
1425	punishable as a moving violation as provided in chapter 318.
1426	Section 33.  Subsection (1) of section 320.071, Florida
1427	Statutes, is amended to read:
1428	320.071  Advance registration renewal; procedures.-
1429	(1)(a)  The owner of any motor vehicle or mobile home
1430	currently registered in this state may file an application for
1431	renewal of registration with the department, or its authorized
1432	agent in the county wherein the owner resides, any time during
1433	the 3 months preceding the date of expiration of the
1434	registration period. The registration period may not exceed 27
1435	months.
1436	(b)  The owner of any apportionable apportioned motor
1437	vehicle currently registered in this state under the provisions
1438	of the International Registration Plan may file an application
1439	for renewal of registration with the department any time during
1440	the 3 months preceding the date of expiration of the
1441	registration period.
1442	Section 34.  Subsections (1) and (3) of section 320.0715,
1443	Florida Statutes, are amended to read:
1444	320.0715  International Registration Plan; motor carrier
1445	services; permits; retention of records.-
1446	(1)  All apportionable commercial motor vehicles domiciled
1447	in this state and engaged in interstate commerce shall be
1448	registered in accordance with the provisions of the
1449	International Registration Plan and shall display apportioned
1450	license plates.
1451	(3)(a)  If the department is unable to immediately issue
1452	the apportioned license plate to an applicant currently
1453	registered in this state under the International Registration
1454	Plan or to a vehicle currently titled in this state, the
1455	department or its designated agent is authorized to issue a 60-
1456	day temporary operational permit. The department or agent of the
1457	department shall charge a $3 fee and the service charge
1458	authorized by s. 320.04 for each temporary operational permit it
1459	issues.
1460	(b)  The department shall in no event issue a temporary
1461	operational permit for any apportionable commercial motor
1462	vehicle to any applicant until the applicant has shown that:
1463	1.  All sales or use taxes due on the registration of the
1464	vehicle are paid; and
1465	2.  Insurance requirements have been met in accordance with
1466	ss. 320.02(5) and 627.7415.
1467	(c)  Issuance of a temporary operational permit provides
1468	commercial motor vehicle registration privileges in each
1469	International Registration Plan member jurisdiction designated
1470	on said permit and therefore requires payment of all applicable
1471	registration fees and taxes due for that period of registration.
1472	(d)  Application for permanent registration must be made to
1473	the department within 10 days following from issuance of a
1474	temporary operational permit. Failure to file an application
1475	within this 10-day period may result in cancellation of the
1476	temporary operational permit.
1477	Section 35.  Paragraph (d) of subsection (5) of section
1478	320.08, Florida Statutes, is amended to read:
1479	320.08  License taxes.-Except as otherwise provided herein,
1480	there are hereby levied and imposed annual license taxes for the
1481	operation of motor vehicles, mopeds, motorized bicycles as
1482	defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
1483	and mobile homes, as defined in s. 320.01, which shall be paid
1484	to and collected by the department or its agent upon the
1485	registration or renewal of registration of the following:
1486	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1487	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1488	(d)  A wrecker, as defined in s. 320.01(40), which is used
1489	to tow a vessel as defined in s. 327.02(39), a disabled,
1490	abandoned, stolen-recovered, or impounded motor vehicle as
1491	defined in s. 320.01(38), or a replacement motor vehicle as
1492	defined in s. 320.01(39): $41 flat, of which $11 shall be
1493	deposited into the General Revenue Fund.
1494	Section 36.  Subsection (1) of section 320.0847, Florida
1495	Statutes, 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
1498	owner or lessee of any vehicle registered as a low-speed vehicle
1499	as defined in s. 320.01(42) or a mini truck as defined in s.
1500	320.01(45) upon payment of the appropriate license taxes and
1501	fees prescribed in s. 320.08.
1502	Section 37.  Subsection (4) of section 320.0848, Florida
1503	Statutes, is amended to read:
1504	320.0848  Persons who have disabilities; issuance of
1505	disabled parking permits; temporary permits; permits for certain
1506	providers of transportation services to persons who have
1507	disabilities.-
1508	(4)  From the proceeds of the temporary disabled parking
1509	permit fees:
1510	(a)  The Department of Highway Safety and Motor Vehicles
1511	must receive $3.50 for each temporary permit, to be deposited
1512	into the Highway Safety Operating Trust Fund and used for
1513	implementing the real-time disabled parking permit database and
1514	for administering the disabled parking permit program.
1515	(b)  The tax collector, for processing, must receive $2.50
1516	for each temporary permit.
1517	(c)  The remainder must be distributed monthly as follows:
1518	1.  To the Florida Endowment Foundation for Vocational
1519	Rehabilitation, known as "The Able Trust," Florida Governor's
1520	Alliance for the Employment of Disabled Citizens for the purpose
1521	of improving employment and training opportunities for persons
1522	who have disabilities, with special emphasis on removing
1523	transportation barriers, $4. These fees must be directly
1524	deposited into the Florida Endowment Foundation for Vocational
1525	Rehabilitation as established in s. 413.615 Transportation
1526	Disadvantaged Trust Fund for transfer to the Florida Governor's
1527	Alliance for Employment of Disabled Citizens.
1528	2.  To the Transportation Disadvantaged Trust Fund to be
1529	used for funding matching grants to counties for the purpose of
1530	improving transportation of persons who have disabilities, $5.
1531	Section 38.  Section 320.089, Florida Statutes, is amended
1532	to read:
1533	320.089  Members of National Guard and active United States
1534	Armed Forces reservists; former prisoners of war; survivors of
1535	Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1536	Freedom and Operation Enduring Freedom Veterans; Combat Infantry
1537	Badge recipients; special license plates; fee.-
1538	(1)(a)  Each owner or lessee of an automobile or truck for
1539	private use or recreational vehicle as specified in s.
1540	320.08(9)(c) or (d), which is not used for hire or commercial
1541	use, who is a resident of the state and an active or retired
1542	member of the Florida National Guard, a survivor of the attack
1543	on Pearl Harbor, a recipient of the Purple Heart medal, or an
1544	active or retired member of any branch of the United States
1545	Armed Forces Reserve, or a recipient of the Combat Infantry
1546	Badge shall, upon application to the department, accompanied by
1547	proof of active membership or retired status in the Florida
1548	National Guard, proof of membership in the Pearl Harbor
1549	Survivors Association or proof of active military duty in Pearl
1550	Harbor on December 7, 1941, proof of being a Purple Heart medal
1551	recipient, or proof of active or retired membership in any
1552	branch of the Armed Forces Reserve, or proof of membership in
1553	the Combat Infantrymen's Association, Inc., or other proof of
1554	being a recipient of the Combat Infantry Badge, and upon payment
1555	of the license tax for the vehicle as provided in s. 320.08, be
1556	issued a license plate as provided by s. 320.06, upon which, in
1557	lieu of the serial numbers prescribed by s. 320.06, shall be
1558	stamped the words "National Guard," "Pearl Harbor Survivor,"
1559	"Combat-wounded veteran," or "U.S. Reserve," or "Combat Infantry
1560	Badge," as appropriate, followed by the serial number of the
1561	license plate. Additionally, the Purple Heart plate may have the
1562	words "Purple Heart" stamped on the plate and the likeness of
1563	the Purple Heart medal appearing on the plate.
1564	(b)  Notwithstanding any other provision of law to the
1565	contrary, beginning with fiscal year 2002-2003 and annually
1566	thereafter, the first $100,000 in general revenue generated from
1567	the sale of license plates issued under this section shall be
1568	deposited into the Grants and Donations Trust Fund, as described
1569	in s. 296.38(2), to be used for the purposes established by law
1570	for that trust fund. Any additional general revenue generated
1571	from the sale of such plates shall be deposited into the State
1572	Homes for Veterans Trust Fund and used solely to construct,
1573	operate, and maintain domiciliary and nursing homes for
1574	veterans, subject to the requirements of chapter 216.
1575	(c)  Notwithstanding any provisions of law to the contrary,
1576	an applicant for a Pearl Harbor Survivor license plate or a
1577	Purple Heart license plate who also qualifies for a disabled
1578	veteran's license plate under s. 320.084 shall be issued the
1579	appropriate special license plate without payment of the license
1580	tax imposed by s. 320.08.
1581	(2)  Each owner or lessee of an automobile or truck for
1582	private use, truck weighing not more than 7,999 pounds, or
1583	recreational vehicle as specified in s. 320.08(9)(c) or (d),
1584	which is not used for hire or commercial use, who is a resident
1585	of the state and who is a former prisoner of war, or their
1586	unremarried surviving spouse, shall, upon application therefor
1587	to the department, be issued a license plate as provided in s.
1588	320.06, on which license plate are stamped the words "Ex-POW"
1589	followed by the serial number. Each application shall be
1590	accompanied by proof that the applicant meets the qualifications
1591	specified in paragraph (a) or paragraph (b).
1592	(a)  A citizen of the United States who served as a member
1593	of the Armed Forces of the United States or the armed forces of
1594	a nation allied with the United States who was held as a
1595	prisoner of war at such time as the Armed Forces of the United
1596	States were engaged in combat, or their unremarried surviving
1597	spouse, may be issued the special license plate provided for in
1598	this subsection without payment of the license tax imposed by s.
1599	320.08.
1600	(b)  A person who was serving as a civilian with the
1601	consent of the United States Government, or a person who was a
1602	member of the Armed Forces of the United States who was not a
1603	United States citizen and was held as a prisoner of war when the
1604	Armed Forces of the United States were engaged in combat, or
1605	their unremarried surviving spouse, may be issued the special
1606	license plate provided for in this subsection upon payment of
1607	the license tax imposed by s. 320.08.
1608	(3)  Each owner or lessee of an automobile or truck for
1609	private use, truck weighing not more than 7,999 pounds, or
1610	recreational vehicle as specified in s. 320.08(9)(c) or (d),
1611	which is not used for hire or commercial use, who is a resident
1612	of this state and who is the unremarried surviving spouse of a
1613	recipient of the Purple Heart medal shall, upon application
1614	therefor to the department, with the payment of the required
1615	fees, be issued a license plate as provided in s. 320.06, on
1616	which license plate are stamped the words "Purple Heart" and the
1617	likeness of the Purple Heart medal followed by the serial
1618	number. Each application shall be accompanied by proof that the
1619	applicant is the unremarried surviving spouse of a recipient of
1620	the Purple Heart medal.
1621	(4)  The owner or lessee of an automobile or truck for
1622	private use, a truck weighing not more than 7,999 pounds, or a
1623	recreational vehicle as specified in s. 320.08(9)(c) or (d)
1624	which automobile, truck, or recreational vehicle is not used for
1625	hire or commercial use who is a resident of the state and a
1626	current or former member of the United States military who was
1627	deployed and served in Iraq during Operation Iraqi Freedom or in
1628	Afghanistan during Operation Enduring Freedom shall, upon
1629	application to the department, accompanied by proof of active
1630	membership or former active duty status during one of these
1631	operations, and upon payment of the license tax for the vehicle
1632	as provided in s. 320.08, be issued a license plate as provided
1633	by s. 320.06 upon which, in lieu of the registration license
1634	number prescribed by s. 320.06, shall be stamped the words
1635	"Operation Iraqi Freedom" or "Operation Enduring Freedom," as
1636	appropriate, followed by the registration license number of the
1637	plate.
1638	Section 39.  Paragraphs (a) and (b) of subsection (2) of
1639	section 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
1643	executive director of the Department of Highway Safety and Motor
1644	Vehicles shall appoint the members from names submitted by the
1645	entities for the designated categories the member will
1646	represent. The executive director shall appoint one
1647	representative of the Department of Highway Safety and Motor
1648	Vehicles, who must represent the Division of Motor Vehicles; two
1649	representatives of the independent motor vehicle industry as
1650	recommended by the Florida Independent Automobile Dealers
1651	Association; two representatives of the franchise motor vehicle
1652	industry as recommended by the Florida Automobile Dealers
1653	Association; one representative of the auction motor vehicle
1654	industry who is from an auction chain and is recommended by a
1655	group affiliated with the National Auto Auction Association; one
1656	representative of the auction motor vehicle industry who is from
1657	an independent auction and is recommended by a group affiliated
1658	with the National Auto Auction Association; one representative
1659	from the Department of Revenue; a Florida tax collector
1660	representative recommended by the Florida Tax Collectors
1661	Association; one representative from the Better Business Bureau;
1662	one representative from the Department of Agriculture and
1663	Consumer Services, who must represent the Division of Consumer
1664	Services; and one representative of the insurance industry who
1665	writes motor vehicle dealer surety bonds.
1666	(b)1.  The executive director shall appoint the following
1667	initial members to 1-year terms: one representative from the
1668	motor vehicle auction industry who represents an auction chain,
1669	one representative from the independent motor vehicle industry,
1670	one representative from the franchise motor vehicle industry,
1671	one representative from the Department of Revenue, one Florida
1672	tax collector, and one representative from the Better Business
1673	Bureau.
1674	2.  The executive director shall appoint the following
1675	initial members to 2-year terms: one representative from the
1676	motor vehicle auction industry who represents an independent
1677	auction, one representative from the independent motor vehicle
1678	industry, one representative from the franchise motor vehicle
1679	industry, one representative from the Division of Consumer
1680	Services, one representative from the insurance industry, and
1681	one representative from the department Division of Motor
1682	Vehicles.
1683	3.  As the initial terms expire, the executive director
1684	shall appoint successors from the same designated category for
1685	terms of 2 years. If renominated, a member may succeed himself
1686	or herself.
1687	4.  The board shall appoint a chair and vice chair at its
1688	initial meeting and every 2 years thereafter.
1689	Section 40.  Section 320.95, Florida Statutes, is amended
1690	to read:
1691	320.95  Transactions by electronic or telephonic means.-
1692	(1)  The department may is authorized to accept any
1693	application provided for under this chapter by electronic or
1694	telephonic means.
1695	(2)  The department may collect and use electronic mail
1696	addresses for the purpose of providing renewal notices in lieu
1697	of the United States Postal Service.
1698	Section 41.  Section 321.02, Florida Statutes, is amended
1699	to read:
1700	321.02  Powers and duties of department, highway patrol.-
1701	The director of the Division of Highway Patrol of the Department
1702	of Highway Safety and Motor Vehicles shall be designated the
1703	Colonel also be the commander of the Florida Highway Patrol. The
1704	said department shall set up and promulgate rules and
1705	regulations by which the personnel of the Florida Highway Patrol
1706	officers shall be examined, employed, trained, located,
1707	suspended, reduced in rank, discharged, recruited, paid and
1708	pensioned, subject to civil service provisions hereafter set
1709	out. The department may enter into contracts or agreements, with
1710	or without competitive bidding or procurement, to make
1711	available, on a fair, reasonable, nonexclusive, and
1712	nondiscriminatory basis, property and other structures under
1713	division control for the placement of new facilities by any
1714	wireless provider of mobile service as defined in 47 U.S.C. s.
1715	153(27) or s. 332(d), and any telecommunications company as
1716	defined in s. 364.02 when it is determined to be practical and
1717	feasible to make such property or other structures available.
1718	The department may, without adopting a rule, charge a just,
1719	reasonable, and nondiscriminatory fee for placement of the
1720	facilities, payable annually, based on the fair market value of
1721	space used by comparable communications facilities in the state.
1722	The department and a wireless provider or telecommunications
1723	company may negotiate the reduction or elimination of a fee in
1724	consideration of services provided to the division by the
1725	wireless provider or the telecommunications company. All such
1726	fees collected by the department shall be deposited directly
1727	into the State Agency Law Enforcement Radio System Trust Fund,
1728	and may be used to construct, maintain, or support the system.
1729	The department is further specifically authorized to purchase,
1730	sell, trade, rent, lease and maintain all necessary equipment,
1731	uniforms, motor vehicles, communication systems, housing
1732	facilities, office space, and perform any other acts necessary
1733	for the proper administration and enforcement of this chapter.
1734	However, all supplies and equipment consisting of single items
1735	or in lots shall be purchased under the requirements of s.
1736	287.057. Purchases shall be made by accepting the bid of the
1737	lowest responsive bidder, the right being reserved to reject all
1738	bids. The department shall prescribe a distinctive uniform and
1739	distinctive emblem to be worn by all officers of the Florida
1740	Highway Patrol. It shall be unlawful for any other person or
1741	persons to wear a similar uniform or emblem, or any part or
1742	parts thereof. The department shall also prescribe distinctive
1743	colors for use on motor vehicles and motorcycles operated by the
1744	Florida Highway Patrol. The prescribed colors shall be referred
1745	to as "Florida Highway Patrol black and tan."
1746	Section 42.  Subsection (3) of section 322.02, Florida
1747	Statutes, is amended to read:
1748	322.02  Legislative intent; administration.-
1749	(3)  The department shall employ a director, who is charged
1750	with the duty of serving as the executive officer of the
1751	Division of Motorist Services within Driver Licenses of the
1752	department insofar as the administration of this chapter is
1753	concerned. He or she shall be subject to the supervision and
1754	direction of the department, and his or her official actions and
1755	decisions as executive officer shall be conclusive unless the
1756	same are superseded or reversed by the department or by a court
1757	of competent jurisdiction.
1758	Section 43.  Subsection (1) of section 322.04, Florida
1759	Statutes, is amended to read:
1760	322.04  Persons exempt from obtaining driver's license.-
1761	(1)  The following persons are exempt from obtaining a
1762	driver's license:
1763	(a)  Any employee of the United States Government, while
1764	operating a noncommercial motor vehicle owned by or leased to
1765	the United States Government and being operated on official
1766	business.
1767	(b)  Any person while driving or operating any road
1768	machine, farm tractor, or implement of husbandry temporarily
1769	operated or moved on a highway.
1770	(c)  A nonresident who is at least 16 years of age and who
1771	has in his or her immediate possession a valid noncommercial
1772	driver's license issued to the nonresident in his or her home
1773	state or country, may operate a motor vehicle of the type for
1774	which a Class E driver's license is required in this state if he
1775	or she has in their immediate possession:
1776	1.  A valid noncommercial driver's license issued in his or
1777	her name from another state or territory of the United States;
1778	or
1779	2.  An International Driving Permit issued in his or her
1780	name in his or her country of residence along with a valid
1781	license issued in that country.
1782	(d)  A nonresident who is at least 18 years of age and who
1783	has in his or her immediate possession a valid noncommercial
1784	driver's license issued to the nonresident in his or her home
1785	state or country may operate a motor vehicle, other than a
1786	commercial motor vehicle, in this state.
1787	(d)(e)  Any person operating a golf cart, as defined in s.
1788	320.01, which is operated in accordance with the provisions of
1789	s. 316.212.
1790	Section 44.  Paragraph (a) of subsection (1) of section
1791	322.051, 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
1794	person who has a disability, regardless of age, who applies for
1795	a disabled parking permit under s. 320.0848, may be issued an
1796	identification card by the department upon completion of an
1797	application and payment of an application fee.
1798	(a)  Each such application shall include the following
1799	information regarding the applicant:
1800	1.  Full name (first, middle or maiden, and last), gender,
1801	proof of social security card number satisfactory to the
1802	department, county of residence, mailing address, proof of
1803	residential address satisfactory to the department, country of
1804	birth, and a brief description.
1805	2.  Proof of birth date satisfactory to the department.
1806	3.  Proof of identity satisfactory to the department. Such
1807	proof must include one of the following documents issued to the
1808	applicant:
1809	a.  A driver's license record or identification card record
1810	from another jurisdiction that required the applicant to submit
1811	a document for identification which is substantially similar to
1812	a document required under sub-subparagraph b., sub-subparagraph
1813	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
1814	f., 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
1818	States 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
1822	United States Department of State;
1823	g.  An unexpired employment authorization card issued by
1824	the United States Department of Homeland Security; or
1825	h.  Proof of nonimmigrant classification provided by the
1826	United States Department of Homeland Security, for an original
1827	identification card. In order to prove such nonimmigrant
1828	classification, applicants must provide at least one of may
1829	produce but are not limited to the following documents, and, in
1830	addition, the department may require other documents for the
1831	sole purpose of establishing the maintenance of or efforts to
1832	maintain continuous lawful presence:
1833	(I)  A notice of hearing from an immigration court
1834	scheduling a hearing on any proceeding.
1835	(II)  A notice from the Board of Immigration Appeals
1836	acknowledging pendency of an appeal.
1837	(III)  Notice of the approval of an application for
1838	adjustment of status issued by the United States Bureau of
1839	Citizenship and Immigration Services.
1840	(IV)  Any official documentation confirming the filing of a
1841	petition for asylum or refugee status or any other relief issued
1842	by the United States Bureau of Citizenship and Immigration
1843	Services.
1844	(V)  Notice of action transferring any pending matter from
1845	another jurisdiction to Florida, issued by the United States
1846	Bureau of Citizenship and Immigration Services.
1847	(VI)  Order of an immigration judge or immigration officer
1848	granting any relief that authorizes the alien to live and work
1849	in the United States including, but not limited to asylum.
1850	(VII)  Evidence that an application is pending for
1851	adjustment of status to that of an alien lawfully admitted for
1852	permanent residence in the United States or conditional
1853	permanent resident status in the United States, if a visa number
1854	is available having a current priority date for processing by
1855	the United States Bureau of Citizenship and Immigration
1856	Services.
1857	(VIII)  On or after January 1, 2010, an unexpired foreign
1858	passport with an unexpired United States Visa affixed,
1859	accompanied by an approved I-94, documenting the most recent
1860	admittance into the United States.
1861
1862	An identification card issued based on documents required
1863	Presentation of any of the documents described in sub-
1864	subparagraph g. or sub-subparagraph h. is valid entitles the
1865	applicant to an identification card for a period not to exceed
1866	the expiration date of the document presented or 1 year,
1867	whichever first occurs.
1868	Section 45.  Subsection (4) of section 322.058, Florida
1869	Statutes, is amended to read:
1870	322.058  Suspension of driving privileges due to support
1871	delinquency; reinstatement.-
1872	(4)  This section applies only to the annual renewal in the
1873	owner's birth month of a motor vehicle registration and does not
1874	apply to the transfer of a registration of a motor vehicle sold
1875	by a motor vehicle dealer licensed under chapter 320, except for
1876	the transfer of registrations which is inclusive of the annual
1877	renewals. This section does not affect the issuance of the title
1878	to a motor vehicle, notwithstanding s. 319.23(8)(7)(b).
1879	Section 46.  Section 322.065, Florida Statutes, is amended
1880	to read:
1881	322.065  Driver's license expired for 6 4 months or less;
1882	penalties.-Any person whose driver's license has been expired
1883	for 6 4 months or less and who drives a motor vehicle upon the
1884	highways of this state commits is guilty of an infraction and is
1885	subject to the penalty provided in s. 318.18.
1886	Section 47.  Subsection (3) of section 322.07, Florida
1887	Statutes, is amended to read:
1888	322.07  Instruction permits and temporary licenses.-
1889	(3)  Any person who, except for his or her lack of
1890	instruction in operating a commercial motor vehicle, would
1891	otherwise be qualified to obtain a commercial driver's license
1892	under this chapter, may apply for a temporary commercial
1893	instruction permit. The department shall issue such a permit
1894	entitling the applicant, while having the permit in his or her
1895	immediate possession, to drive a commercial motor vehicle on the
1896	highways, provided that:
1897	(a)  The applicant possesses a valid Florida driver's
1898	license issued in any state; and
1899	(b)  The applicant, while operating a commercial motor
1900	vehicle, is accompanied by a licensed driver who is 21 years of
1901	age or older, who is licensed to operate the class of vehicle
1902	being operated, and who is actually occupying the closest seat
1903	to the right of the driver.
1904	Section 48.  Subsection (2) of section 322.08, Florida
1905	Statutes, is amended, and subsection (8) is added to that
1906	section, to read:
1907	322.08  Application for license; requirements for license
1908	and identification card forms.-
1909	(2)  Each such application shall include the following
1910	information regarding the applicant:
1911	(a)  Full name (first, middle or maiden, and last), gender,
1912	proof of social security card number satisfactory to the
1913	department, county of residence, mailing address, proof of
1914	residential address satisfactory to the department, country of
1915	birth, and a brief description.
1916	(b)  Proof of birth date satisfactory to the department.
1917	(c)  Proof of identity satisfactory to the department. Such
1918	proof must include one of the following documents issued to the
1919	applicant:
1920	1.  A driver's license record or identification card record
1921	from another jurisdiction that required the applicant to submit
1922	a document for identification which is substantially similar to
1923	a document required under subparagraph 2., subparagraph 3.,
1924	subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
1925	7., 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
1929	States 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
1933	United States Department of State;
1934	7.  An unexpired employment authorization card issued by
1935	the United States Department of Homeland Security; or
1936	8.  Proof of nonimmigrant classification provided by the
1937	United States Department of Homeland Security, for an original
1938	driver's license. In order to prove nonimmigrant classification,
1939	an applicant must provide at least one of the following
1940	documents, and, in addition, the department may require other
1941	documents for the sole purpose of establishing the maintenance
1942	of or efforts to maintain continuous lawful presence may produce
1943	the following documents, including, but not limited to:
1944	a.  A notice of hearing from an immigration court
1945	scheduling a hearing on any proceeding.
1946	b.  A notice from the Board of Immigration Appeals
1947	acknowledging pendency of an appeal.
1948	c.  A notice of the approval of an application for
1949	adjustment of status issued by the United States Bureau of
1950	Citizenship and Immigration Services.
1951	d.  Any official documentation confirming the filing of a
1952	petition for asylum or refugee status or any other relief issued
1953	by the United States Bureau of Citizenship and Immigration
1954	Services.
1955	e.  A notice of action transferring any pending matter from
1956	another jurisdiction to this state issued by the United States
1957	Bureau of Citizenship and Immigration Services.
1958	f.  An order of an immigration judge or immigration officer
1959	granting any relief that authorizes the alien to live and work
1960	in the United States, including, but not limited to, asylum.
1961	g.  Evidence that an application is pending for adjustment
1962	of status to that of an alien lawfully admitted for permanent
1963	residence in the United States or conditional permanent resident
1964	status in the United States, if a visa number is available
1965	having a current priority date for processing by the United
1966	States Bureau of Citizenship and Immigration Services.
1967	h.  On or after January 1, 2010, an unexpired foreign
1968	passport with an unexpired United States Visa affixed,
1969	accompanied by an approved I-94, documenting the most recent
1970	admittance into the United States.
1971
1972	A driver's license or temporary permit issued based on documents
1973	required Presentation of any of the documents in subparagraph 7.
1974	or subparagraph 8. is valid entitles the applicant to a driver's
1975	license or temporary permit for a period not to exceed the
1976	expiration date of the document presented or 1 year, whichever
1977	occurs first.
1978	(d)  Whether the applicant has previously been licensed to
1979	drive, and, if so, when and by what state, and whether any such
1980	license or driving privilege has ever been disqualified,
1981	revoked, or suspended, or whether an application has ever been
1982	refused, and, if so, the date of and reason for such
1983	disqualification, suspension, revocation, or refusal.
1984	(e)  Each such application may include fingerprints and
1985	other unique biometric means of identity.
1986	(8)  The department may collect and use electronic mail
1987	addresses for the purpose of providing renewal notices in lieu
1988	of the United State Postal Service.
1989	Section 49.  Subsection (9) is added to section 322.081,
1990	Florida Statutes, to read:
1991	322.081  Requests to establish voluntary checkoff on
1992	driver's license application.-
1993	(9)  The department may annually retain from the first
1994	proceeds derived from the voluntary contributions collected an
1995	amount sufficient to defray for each voluntary contribution the
1996	pro rata share of the department's costs directly related to the
1997	voluntary contributions program. Such costs include renewal
1998	notices, postage, distribution costs, direct costs to the
1999	department, and costs associated with reviewing each
2000	organization's compliance with the audit and attestation
2001	requirements of this section. The balance of the proceeds from
2002	the voluntary contributions collected shall be distributed as
2003	provided by law.
2004	Section 50.  Subsection (5) of section 322.12, Florida
2005	Statutes, is amended to read:
2006	322.12  Examination of applicants.-
2007	(5)(a)  The department shall formulate a separate
2008	examination for applicants for licenses to operate motorcycles.
2009	Any applicant for a driver's license who wishes to operate a
2010	motorcycle, and who is otherwise qualified, must successfully
2011	complete such an examination, which is in addition to the
2012	examination administered under subsection (3). The examination
2013	must test the applicant's knowledge of the operation of a
2014	motorcycle and of any traffic laws specifically relating thereto
2015	and must include an actual demonstration of his or her ability
2016	to exercise ordinary and reasonable control in the operation of
2017	a motorcycle. Any applicant who fails to pass the initial
2018	knowledge examination will incur a $5 fee for each subsequent
2019	examination, to be deposited into the Highway Safety Operating
2020	Trust Fund. Any applicant who fails to pass the initial skills
2021	examination will incur a $10 fee for each subsequent
2022	examination, to be deposited into the Highway Safety Operating
2023	Trust Fund. In the formulation of the examination, the
2024	department shall consider the use of the Motorcycle Operator
2025	Skills Test and the Motorcycle in Traffic Test offered by the
2026	Motorcycle Safety Foundation. The department shall indicate on
2027	the license of any person who successfully completes the
2028	examination that the licensee is authorized to operate a
2029	motorcycle. If the applicant wishes to be licensed to operate a
2030	motorcycle only, he or she need not take the skill or road test
2031	required under subsection (3) for the operation of a motor
2032	vehicle, and the department shall indicate such a limitation on
2033	his or her license as a restriction. Every first-time applicant
2034	for licensure to operate a motorcycle must provide proof of
2035	completion of a motorcycle safety course, as provided for in s.
2036	322.0255, which shall include a final examination before the
2037	applicant may be licensed to operate a motorcycle. The
2038	department shall indicate on the license of any person who
2039	successfully completes the course that the licensee is
2040	authorized to operate a motorcycle. If the applicant wishes to
2041	be licensed to operate a motorcycle only, he or she need not
2042	take the skills or road test required under subsection (3) for
2043	the operation of a motor vehicle, and the department shall
2044	indicate such a limitation on his or her license as a
2045	restriction.
2046	(b)  The department may exempt any applicant from the
2047	examination provided in this subsection if the applicant
2048	presents a certificate showing successful completion of a course
2049	approved by the department, which course includes a similar
2050	examination of the knowledge and skill of the applicant in the
2051	operation of a motorcycle.
2052	Section 51.  Subsection (5) of section 322.121, Florida
2053	Statutes, is amended to read:
2054	322.121  Periodic reexamination of all drivers.-
2055	(5)  Members of the Armed Forces, or their dependents
2056	residing with them, shall be granted an automatic extension for
2057	the expiration of their Class E licenses without reexamination
2058	while serving on active duty outside this state. This extension
2059	is valid for 90 days after the member of the Armed Forces is
2060	either discharged or returns to this state to live.
2061	Section 52.  Paragraph (a) of subsection (1) of section
2062	322.14, Florida Statutes, is amended to read:
2063	322.14  Licenses issued to drivers.-
2064	(1)(a)  The department shall, upon successful completion of
2065	all required examinations and payment of the required fee, issue
2066	to every applicant qualifying therefor, a driver's license as
2067	applied for, which license shall bear thereon a color photograph
2068	or digital image of the licensee; the name of the state; a
2069	distinguishing number assigned to the licensee; and the
2070	licensee's full name, date of birth, and residence address; a
2071	brief description of the licensee, including, but not limited
2072	to, the licensee's gender and height; and the dates of issuance
2073	and expiration of the license. A space shall be provided upon
2074	which the licensee shall affix his or her usual signature. No
2075	license shall be valid until it has been so signed by the
2076	licensee except that the signature of said licensee shall not be
2077	required if it appears thereon in facsimile or if the licensee
2078	is not present within the state at the time of issuance.
2079	Applicants qualifying to receive a Class A, Class B, or Class C
2080	driver's license must appear in person within the state for
2081	issuance of a color photographic or digital imaged driver's
2082	license pursuant to s. 322.142.
2083	Section 53.  Subsections (9), (10), (13), (14), and (16) of
2084	section 322.20, Florida Statutes, are amended to read:
2085	322.20  Records of the department; fees; destruction of
2086	records.-
2087	(9)  The department may, upon application, furnish to any
2088	person, from its the records of the Division of Driver Licenses,
2089	a list of the names, addresses, and birth dates of the licensed
2090	drivers of the entire state or any portion thereof by age group.
2091	In addition, the department may furnish to the courts, for the
2092	purpose of establishing jury selection lists, the names,
2093	addresses, and birth dates of the persons of the entire state or
2094	any portion thereof by age group having identification cards
2095	issued by the department. Each person who requests such
2096	information shall pay a fee, set by the department, of 1 cent
2097	per name listed, except that the department shall furnish such
2098	information without charge to the courts for the purpose of jury
2099	selection or to any state agency or to any state attorney,
2100	sheriff, or chief of police. Such court, state agency, state
2101	attorney, or law enforcement agency may not sell, give away, or
2102	allow the copying of such information. Noncompliance with this
2103	prohibition shall authorize the department to charge the
2104	noncomplying court, state agency, state attorney, or law
2105	enforcement agency the appropriate fee for any subsequent lists
2106	requested. The department may adopt rules necessary to implement
2107	this subsection.
2108	(10)  The department Division of Driver Licenses is
2109	authorized, upon application of any person and payment of the
2110	proper fees, to search and to assist such person in the search
2111	of the records of the department and make reports thereof and to
2112	make photographic copies of the departmental records and
2113	attestations thereof.
2114	(13)  The department Division of Driver Licenses shall
2115	implement a system that allows either parent of a minor, or a
2116	guardian, or other responsible adult who signed a minor's
2117	application for a driver's license to have Internet access
2118	through a secure website to inspect the minor's driver history
2119	record. Internet access to driver history records granted to a
2120	minor's parents, guardian, or other responsible adult shall be
2121	furnished by the department at no fee and shall terminate when
2122	the minor attains 18 years of age.
2123	(14)  The department is authorized in accordance with
2124	chapter 257 to destroy reports, records, documents, papers, and
2125	correspondence in the department Division of Driver Licenses
2126	which are considered obsolete.
2127	(16)  The creation and maintenance of records by the
2128	Division of Motorist Services within the department and the
2129	Division of Driver Licenses pursuant to this chapter shall not
2130	be regarded as law enforcement functions of agency
2131	recordkeeping.
2132	Section 54.  Section 322.202, Florida Statutes, is amended
2133	to read:
2134	322.202  Admission of evidence obtained from the Division
2135	of Motorist Services Driver Licenses and the Division of Motor
2136	Vehicles.-
2137	(1)  The Legislature finds that the Division of Motorist
2138	Services Driver Licenses and the Division of Motor Vehicles of
2139	the Department of Highway Safety and Motor Vehicles is are not a
2140	law enforcement agency agencies. The Legislature also finds that
2141	the division is divisions are not an adjunct adjuncts of any law
2142	enforcement agency in that employees have no stake in particular
2143	prosecutions. The Legislature further finds that errors in
2144	records maintained by the Division of Motorist Services
2145	divisions are not within the collective knowledge of any law
2146	enforcement agency. The Legislature also finds that the mission
2147	missions of the Division of Motorist Services Driver Licenses,
2148	the Division of Motor Vehicles, and the Department of Highway
2149	Safety and Motor Vehicles provides provide a sufficient
2150	incentive to maintain records in a current and correct fashion.
2151	(2)  The Legislature finds that the purpose of the
2152	exclusionary rule is to deter misconduct on the part of law
2153	enforcement officers and law enforcement agencies.
2154	(3)  The Legislature finds that the application of the
2155	exclusionary rule to cases where a law enforcement officer
2156	effects an arrest based on objectively reasonable reliance on
2157	information obtained from the division divisions is repugnant to
2158	the purposes of the exclusionary rule and contrary to the
2159	decisions of the United States Supreme Court in Arizona v.
2160	Evans, 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
2163	arrest based on objectively reasonable reliance on information
2164	obtained from the division divisions, evidence found pursuant to
2165	such an arrest shall not be suppressed by application of the
2166	exclusionary rule on the grounds that the arrest is subsequently
2167	determined to be unlawful due to erroneous information obtained
2168	from the divisions.
2169	Section 55.  Subsections (2) and (4) of section 322.21,
2170	Florida Statutes, are amended to read:
2171	322.21  License fees; procedure for handling and collecting
2172	fees.-
2173	(2)  It is the duty of the director of the Division of
2174	Motorist Services to provide Driver Licenses to set up a
2175	division in the department with the necessary personnel to
2176	perform the necessary clerical and routine work for the
2177	department in issuing and recording applications, licenses, and
2178	certificates of eligibility, including the receiving and
2179	accounting of all license funds and their payment into the State
2180	Treasury, and other incidental clerical work connected with the
2181	administration of this chapter. The department may use such
2182	electronic, mechanical, or other devices as necessary to
2183	accomplish the purposes of this chapter.
2184	(4)  If the department determines from its records or is
2185	otherwise satisfied that the holder of a license about to expire
2186	is entitled to have it renewed, the department shall mail a
2187	renewal notice to the licensee at his or her last known address,
2188	at least within 30 days before the licensee's birthday. The
2189	licensee may shall be issued a renewal license, after
2190	reexamination, if required, during the 30 days immediately
2191	preceding his or her birthday upon presenting a renewal notice,
2192	his or her current license, and the fee for renewal to the
2193	department at any driver's license examining office. A driver
2194	may renew his or her driver's license up to 18 months prior to
2195	the license expiration date.
2196	Section 56.  Subsection (1) of section 322.22, Florida
2197	Statutes, is amended to read:
2198	322.22  Authority of department to cancel license.-
2199	(1)  The department is authorized to cancel any driver's
2200	license, upon determining that the licensee is was not entitled
2201	to the license issuance thereof, or that the licensee failed to
2202	give the required or correct information in his or her
2203	application or committed any fraud in making such application,
2204	or that the licensee has two or more licenses on file with the
2205	department, each in a different name but bearing the photograph
2206	of the licensee, unless the licensee has complied with the
2207	requirements of this chapter in obtaining the licenses. The
2208	department may cancel any driver's license, identification card,
2209	vehicle or vessel registration, or fuel-use decal if the
2210	licensee fails to pay the correct fee or pays for the driver's
2211	license, identification card, vehicle or vessel registration, or
2212	fuel-use decal; pays any tax liability, penalty, or interest
2213	specified in chapter 207; or pays any administrative,
2214	delinquency, or reinstatement fee by a dishonored check.
2215	Section 57.  Subsection (6) of section 322.2615, Florida
2216	Statutes, is amended to read:
2217	322.2615  Suspension of license; right to review.-
2218	(6)(a)  If the person whose license was suspended requests
2219	a formal review, the department must schedule a hearing to be
2220	held within 30 days after such request is received by the
2221	department and must notify the person of the date, time, and
2222	place of the hearing.
2223	(b)  Such formal review hearing shall be held before a
2224	hearing officer designated employed by the department, and the
2225	hearing officer shall be authorized to administer oaths, examine
2226	witnesses and take testimony, receive relevant evidence, issue
2227	subpoenas for the officers and witnesses identified in documents
2228	in subsection (2), regulate the course and conduct of the
2229	hearing, question witnesses, and make a ruling on the
2230	suspension. The party requesting the presence of a witness shall
2231	be responsible for the payment of any witness fees and for
2232	notifying in writing the state attorney's office in the
2233	appropriate circuit of the issuance of the subpoena. If the
2234	person who requests a formal review hearing fails to appear and
2235	the hearing officer finds such failure to be without just cause,
2236	the right to a formal hearing is waived and the suspension shall
2237	be sustained.
2238	(c)  A party may seek enforcement of a subpoena under
2239	paragraph (b) by:
2240	1.  Filing a motion for enforcement of a subpoena in the
2241	related criminal case, if any; or
2242	2.  Filing a petition for enforcement in the circuit court
2243	of the judicial circuit in which the person failing to comply
2244	with the subpoena resides. A failure to comply with an order of
2245	the court shall result in a finding of contempt of court.
2246	However, a person is not in contempt while a subpoena is being
2247	challenged.
2248	(d)  The department must, within 7 working days after a
2249	formal review hearing, send notice to the person of the hearing
2250	officer's decision as to whether sufficient cause exists to
2251	sustain, amend, or invalidate the suspension.
2252	Section 58.  Subsection (2) of section 322.53, Florida
2253	Statutes, is amended to read:
2254	322.53  License required; exemptions.-
2255	(2)  The following persons are exempt from the requirement
2256	to obtain a commercial driver's license:
2257	(a)  Drivers of authorized emergency vehicles.
2258	(b)  Military personnel driving vehicles operated for
2259	military purposes.
2260	(c)  Farmers transporting agricultural products, farm
2261	supplies, or farm machinery to or from their farms within 150
2262	miles of their farm if the vehicle operated under this exemption
2263	is not used in the operations of a common or contract motor
2264	carrier, or transporting agricultural products to or from the
2265	first place of storage or processing or directly to or from
2266	market, within 150 miles of their farm.
2267	(d)  Drivers of recreational vehicles, as defined in s.
2268	320.01.
2269	(e)  Drivers who operate straight trucks, as defined in s.
2270	316.003, which that are exclusively transporting their own
2271	tangible personal property that which is not for sale or hire,
2272	and the vehicles are not used in commerce.
2273	(f)  An employee of a publicly owned transit system who is
2274	limited to moving vehicles for maintenance or parking purposes
2275	exclusively within the restricted-access confines of a transit
2276	system's property.
2277	Section 59.  Subsection (5) is added to section 322.54,
2278	Florida Statutes, to read:
2279	322.54  Classification.-
2280	(5)  The required driver's license classification of any
2281	person operating a commercial motor vehicle that has no gross
2282	vehicle weight rating plate or no vehicle identification number
2283	shall 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
2286	to read:
2287	322.59  Possession of medical examiner's certificate.-
2288	(1)  The department shall not issue a commercial driver's
2289	license to any person who is required by the laws of this state
2290	or by federal law to possess a medical examiner's certificate,
2291	unless such person provides presents a valid certificate, as
2292	described in 49 C.F.R. s. 383.71 prior to licensure.
2293	(2)  The department shall disqualify a driver from
2294	operating a commercial motor vehicle if that driver holds a
2295	commercial driver's license and fails to comply with the medical
2296	certification requirements described in 49 C.F.R. s. 383.71.
2297	(2)  This section does not expand the requirements as to
2298	who must possess a medical examiner's certificate.
2299	Section 62.  Subsection (5) of section 322.61, Florida
2300	Statutes, is amended to read:
2301	322.61  Disqualification from operating a commercial motor
2302	vehicle.-
2303	(5)  Any person who is convicted of two violations
2304	specified in subsection (3) which were committed while operating
2305	a commercial motor vehicle, or any combination thereof, arising
2306	in separate incidents shall be permanently disqualified from
2307	operating a commercial motor vehicle. Any holder of a commercial
2308	driver's license who is convicted of two violations specified in
2309	subsection (3), which were committed while operating any a
2310	noncommercial motor vehicle, or any combination thereof, arising
2311	in separate incidents shall be permanently disqualified from
2312	operating a commercial motor vehicle. The penalty provided in
2313	this subsection is in addition to any other applicable penalty.
2314	Section 63.  Subsections (1), (4), (7), (8), and (11) of
2315	section 322.64, Florida Statutes, are amended to read:
2316	322.64  Holder of commercial driver's license; persons
2317	operating a commercial motor vehicle; driving with unlawful
2318	blood-alcohol level; refusal to submit to breath, urine, or
2319	blood test.-
2320	(1)(a)  A law enforcement officer or correctional officer
2321	shall, on behalf of the department, disqualify from operating
2322	any commercial motor vehicle a person who while operating or in
2323	actual physical control of a commercial motor vehicle is
2324	arrested for a violation of s. 316.193, relating to unlawful
2325	blood-alcohol level or breath-alcohol level, or a person who has
2326	refused to submit to a breath, urine, or blood test authorized
2327	by s. 322.63 or s. 316.1932 arising out of the operation or
2328	actual physical control of a commercial motor vehicle. A law
2329	enforcement officer or correctional officer shall, on behalf of
2330	the department, disqualify the holder of a commercial driver's
2331	license from operating any commercial motor vehicle if the
2332	licenseholder, while operating or in actual physical control of
2333	a motor vehicle, is arrested for a violation of s. 316.193,
2334	relating to unlawful blood-alcohol level or breath-alcohol
2335	level, or refused to submit to a breath, urine, or blood test
2336	authorized by s. 322.63 or s. 316.1932. Upon disqualification of
2337	the person, the officer shall take the person's driver's license
2338	and issue the person a 10-day temporary permit for the operation
2339	of noncommercial vehicles only if the person is otherwise
2340	eligible for the driving privilege and shall issue the person a
2341	notice of disqualification. If the person has been given a
2342	blood, breath, or urine test, the results of which are not
2343	available to the officer at the time of the arrest, the agency
2344	employing the officer shall transmit such results to the
2345	department within 5 days after receipt of the results. If the
2346	department then determines that the person had a blood-alcohol
2347	level or breath-alcohol level of 0.08 or higher, the department
2348	shall disqualify the person from operating a commercial motor
2349	vehicle pursuant to subsection (3).
2350	(b)  For purposes of determining the period of
2351	disqualification described in 49 C.F.R. s. 383.51,
2352	disqualifications listed in paragraph (a) shall be treated as
2353	convictions.
2354	(c)(b)  The disqualification under paragraph (a) shall be
2355	pursuant to, and the notice of disqualification shall inform the
2356	driver of, the following:
2357	1.a.  The driver refused to submit to a lawful breath,
2358	blood, or urine test and he or she is disqualified from
2359	operating a commercial motor vehicle for the time period
2360	specified in 49 C.F.R. s. 383.51 a period of 1 year, for a first
2361	refusal, or permanently, if he or she has previously been
2362	disqualified under this section; or
2363	b.  The driver had an unlawful blood-alcohol or breath-
2364	alcohol level of 0.08 or higher while driving or in actual
2365	physical control of a commercial motor vehicle, or any motor
2366	vehicle if the driver holds a commercial driver license, and is
2367	disqualified for the time period specified in 49 C.F.R. s.
2368	383.51. The driver was driving or in actual physical control of
2369	a commercial motor vehicle, or any motor vehicle if the driver
2370	holds a commercial driver's license, had an unlawful blood-
2371	alcohol level or breath-alcohol level of 0.08 or higher, and his
2372	or her driving privilege shall be disqualified for a period of 1
2373	year for a first offense or permanently disqualified if his or
2374	her driving privilege has been previously disqualified under
2375	this section.
2376	2.  The disqualification period for operating commercial
2377	vehicles shall commence on the date of issuance of the notice of
2378	disqualification.
2379	3.  The driver may request a formal or informal review of
2380	the disqualification by the department within 10 days after the
2381	date of issuance of the notice of disqualification.
2382	4.  The temporary permit issued at the time of
2383	disqualification expires at midnight of the 10th day following
2384	the date of disqualification.
2385	5.  The driver may submit to the department any materials
2386	relevant to the disqualification.
2387	(4)  If the person disqualified requests an informal review
2388	pursuant to subparagraph (1)(c)(b)3., the department shall
2389	conduct the informal review by a hearing officer employed by the
2390	department. Such informal review hearing shall consist solely of
2391	an examination by the department of the materials submitted by a
2392	law enforcement officer or correctional officer and by the
2393	person disqualified, and the presence of an officer or witness
2394	is not required.
2395	(7)  In a formal review hearing under subsection (6) or an
2396	informal review hearing under subsection (4), the hearing
2397	officer shall determine by a preponderance of the evidence
2398	whether sufficient cause exists to sustain, amend, or invalidate
2399	the disqualification. The scope of the review shall be limited
2400	to the following issues:
2401	(a)  If the person was disqualified from operating a
2402	commercial motor vehicle for driving with an unlawful blood-
2403	alcohol level:
2404	1.  Whether the arresting law enforcement officer had
2405	probable cause to believe that the person was driving or in
2406	actual physical control of a commercial motor vehicle, or any
2407	motor vehicle if the driver holds a commercial driver's license,
2408	in this state while he or she had any alcohol, chemical
2409	substances, or controlled substances in his or her body.
2410	2.  Whether the person had an unlawful blood-alcohol level
2411	or breath-alcohol level of 0.08 or higher.
2412	(b)  If the person was disqualified from operating a
2413	commercial motor vehicle for refusal to submit to a breath,
2414	blood, or urine test:
2415	1.  Whether the law enforcement officer had probable cause
2416	to believe that the person was driving or in actual physical
2417	control of a commercial motor vehicle, or any motor vehicle if
2418	the driver holds a commercial driver's license, in this state
2419	while he or she had any alcohol, chemical substances, or
2420	controlled substances in his or her body.
2421	2.  Whether the person refused to submit to the test after
2422	being requested to do so by a law enforcement officer or
2423	correctional officer.
2424	3.  Whether the person was told that if he or she refused
2425	to submit to such test he or she would be disqualified from
2426	operating a commercial motor vehicle for a period of 1 year or,
2427	if previously disqualified under this section, permanently.
2428	(8)  Based on the determination of the hearing officer
2429	pursuant to subsection (7) for both informal hearings under
2430	subsection (4) and formal hearings under subsection (6), the
2431	department shall:
2432	(a)  sustain the disqualification for the time period
2433	described in 49 C.F.R. s. 383.51 a period of 1 year for a first
2434	refusal, or permanently if such person has been previously
2435	disqualified from operating a commercial motor vehicle under
2436	this section. The disqualification period commences on the date
2437	of 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
2440	actual physical control of a commercial motor vehicle, or any
2441	motor vehicle if the driver holds a commercial driver's license,
2442	and had an unlawful blood-alcohol level or breath-alcohol level
2443	of 0.08 or higher; or
2444	2.  Permanently if the person has been previously
2445	disqualified from operating a commercial motor vehicle under
2446	this section or his or her driving privilege has been previously
2447	suspended for driving or being in actual physical control of a
2448	commercial motor vehicle, or any motor vehicle if the driver
2449	holds a commercial driver's license, and had an unlawful blood-
2450	alcohol level or breath-alcohol level of 0.08 or higher.
2451
2452	The disqualification period commences on the date of the
2453	issuance of the notice of disqualification.
2454	(11)  The formal review hearing may be conducted upon a
2455	review of the reports of a law enforcement officer or a
2456	correctional officer, including documents relating to the
2457	administration of a breath test or blood test or the refusal to
2458	take a breath, blood, or urine either test. However, as provided
2459	in subsection (6), the driver may subpoena the officer or any
2460	person who administered or analyzed a breath or blood test.
2461	Section 64.  Section 328.30, Florida Statutes, is amended
2462	to read:
2463	328.30  Transactions by electronic or telephonic means.-
2464	(1)  The department may is authorized to accept any
2465	application provided for under this chapter by electronic or
2466	telephonic means.
2467	(2)  The department may issue an electronic certificate of
2468	title in lieu of printing a paper title.
2469	(3)  The department may collect and use electronic mail
2470	addresses for the purpose of providing renewal notices in lieu
2471	of the United States Postal Service.
2472	Section 65.  Subsection (2) of section 413.012, Florida
2473	Statutes, is amended to read:
2474	413.012  Confidential records disclosure prohibited;
2475	exemptions.-
2476	(2)  It is unlawful for any person to disclose, authorize
2477	the disclosure, solicit, receive, or make use of any list of
2478	names and addresses or any record containing any information set
2479	forth in subsection (1) and maintained in the division. The
2480	prohibition provided for in this subsection shall not apply to
2481	the use of such information for purposes directly connected with
2482	the administration of the vocational rehabilitation program or
2483	with the monthly dispatch to the Division of Driver Licenses of
2484	the Department of Highway Safety and Motor Vehicles of the name
2485	in full, place and date of birth, sex, social security number,
2486	and resident address of individuals with central visual acuity
2487	20/200 or less in the better eye with correcting glasses, or a
2488	disqualifying field defect in which the peripheral field has
2489	contracted to such an extent that the widest diameter or visual
2490	field subtends an angular distance no greater than 20 degrees.
2491	When requested in writing by an applicant or client, or her or
2492	his representative, the Division of Blind Services shall release
2493	confidential information to the applicant or client or her or
2494	his representative.
2495	Section 66.  Paragraph (f) of subsection (13) of section
2496	713.78, Florida Statutes, is amended to read:
2497	713.78  Liens for recovering, towing, or storing vehicles
2498	and vessels.-
2499	(13)
2500	(f)  This subsection applies only to the annual renewal in
2501	the registered owner's birth month of a motor vehicle
2502	registration and does not apply to the transfer of a
2503	registration of a motor vehicle sold by a motor vehicle dealer
2504	licensed under chapter 320, except for the transfer of
2505	registrations which is inclusive of the annual renewals. This
2506	subsection does not apply to any vehicle registered in the name
2507	of the lessor. This subsection does not affect the issuance of
2508	the title to a motor vehicle, notwithstanding s.
2509	319.23(8)(7)(b).
2510	Section 67.  Except as otherwise expressly provided in this
2511	act, this act shall take effect July 1, 2011.

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