Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7206
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-02381F-11                                         20117206__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 20.23, F.S.; creating
    4         motor carrier weight inspection as an area of program
    5         responsibility within the Department of
    6         Transportation, which replaces motor carrier
    7         compliance; amending s. 20.24, F.S.; revising the
    8         divisions within the Department of Highway Safety and
    9         Motor Vehicles; creating the Office of Motor Carrier
   10         Compliance of the Division of the Florida Highway
   11         Patrol within the Department of Highway Safety and
   12         Motor Vehicles; amending ss. 110.205, 311.115,
   13         316.302, 316.3025, 316.3026, 316.516, 316.545,
   14         316.640, 320.18, and 321.05, F.S.; conforming
   15         provisions to changes made by the act; amending s.
   16         288.816, F.S.; requiring the department rather than
   17         the Division of Motor Vehicles to issue special motor
   18         vehicle license plates; amending s. 311.121, F.S.;
   19         providing for a representative of the department
   20         rather than the Division of Driver Licenses to be
   21         appointed to the Seaport Security Officer
   22         Qualification, Training, and Standards Coordinating
   23         Council; amending s. 316.066, F.S.; revising
   24         circumstances under which a law enforcement officer is
   25         required to submit to the department a Florida Traffic
   26         Crash Report, Long Form; providing for the use of
   27         driver exchange-of-information forms under certain
   28         circumstances; eliminating provisions authorizing
   29         counties to establish certified central traffic
   30         records centers, including provisions authorizing the
   31         funding of such centers; deleting restrictions on the
   32         commercial use of crash reports; amending s. 316.1957,
   33         F.S.; requiring that motor vehicle records be
   34         maintained by the department; amending s. 316.613,
   35         F.S.; requiring the department rather than the
   36         Division of Motor Vehicles to provide notice of the
   37         requirements for child restraint devices; amending s.
   38         318.15, F.S.; providing for the department rather than
   39         the Division of Driver Licenses to administer certain
   40         provisions governing the suspension of a person’s
   41         driver’s license and privilege to drive; amending s.
   42         320.05, F.S.; providing for a Division of Motorist
   43         Services Procedures Manual; clarifying that the
   44         creation and maintenance of records by the division is
   45         not a law enforcement function; amending s. 320.275,
   46         F.S.; providing for a representative of the department
   47         rather than the Division of Motor Vehicles to be
   48         appointed to the Automobile Dealers Industry Advisory
   49         Board; creating s. 321.052, F.S.; requiring the
   50         Department of Highway Safety and Motor Vehicles to
   51         authorize sheriffs to act as agents for the Florida
   52         Highway Patrol; amending s. 321.23, F.S.; specifying
   53         the fee to be charged for a copy of a uniform traffic
   54         citation; providing for a portion of the fees for
   55         crash reports to be distributed to the investigating
   56         agency under certain circumstances; authorizing the
   57         Department of Highway Safety and Motor Vehicles to
   58         scan the records of crash reports, which shall be
   59         considered original copies; amending s. 322.02, F.S.;
   60         providing for the Division of Motorist Services to
   61         administer ch. 322, F.S., relating to driver’s
   62         licenses; amending s. 322.135, F.S.; providing duties
   63         of the tax collectors with respect to driver’s license
   64         services; directing the tax collectors who are
   65         constitutional officers to assume all driver’s license
   66         issuance services by a certain date and according to a
   67         specified schedule; deleting obsolete provisions;
   68         authorizing the department to adopt rules creating
   69         exceptions for counties that are unable to provide
   70         full driver’s license services; providing for
   71         interlocal agreements to provide such services;
   72         amending s. 322.20, F.S.; providing for the department
   73         and the Division of Motorist Services to maintain
   74         certain records; amending s. 322.202, F.S.; clarifying
   75         that the Division of Motorist Services is not a law
   76         enforcement agency and is not an adjunct of any law
   77         enforcement agency; amending s. 322.21, F.S.;
   78         requiring that a portion of the fees charged for the
   79         replacement of a driver’s licenses or identification
   80         card be used to support motorist services activities;
   81         requiring that such fees be retained by the tax
   82         collectors who issue driver’s licenses following the
   83         transition of the driver’s license issuance services
   84         to the constitutional tax collectors; providing for
   85         the Division of Motorist Services to collect fees and
   86         issue driver’s licenses and identification cards and
   87         account for all license funds in the administration of
   88         ch. 322, F.S.; repealing s. 334.044(32), F.S.,
   89         relating to the authorization of the Office of Motor
   90         Carrier Compliance within the Department of
   91         Transportation to employ sworn law enforcement
   92         officers to enforce traffic and criminal laws in this
   93         state; amending s. 413.012, F.S., relating to certain
   94         confidential records; conforming a reference to
   95         changes made by the act; amending s. 921.0022, F.S.;
   96         conforming a cross-reference; creating the Law
   97         Enforcement Consolidation Task Force; providing for
   98         membership; requiring the Department of Highway Safety
   99         and Motor Vehicles to provide administrative
  100         assistance to the task force; requiring the agency
  101         that is represented by a member of the task force to
  102         bear the travel expenses incurred by the member;
  103         requiring the task force to evaluate the duplication
  104         of law enforcement functions and to identify possible
  105         consolidation; requiring the task force to evaluate
  106         administrative functions; requiring the task force to
  107         evaluate whether to limit the jurisdiction of the
  108         Florida Highway Patrol; requiring the task force to
  109         make recommendations and submit a report to the
  110         Legislature by a certain date; providing for future
  111         expiration; transferring the Office of Motor Carrier
  112         Compliance of the Department of Transportation to the
  113         Division of the Florida Highway Patrol of the
  114         Department of Highway Safety and Motor Vehicles;
  115         authorizing the Executive Office of the Governor to
  116         transfer funds and positions between agencies;
  117         providing an effective date.
  118  
  119  Be It Enacted by the Legislature of the State of Florida:
  120  
  121         Section 1. Paragraph (b) of subsection (4) of section
  122  20.23, Florida Statutes, is amended to read:
  123         20.23 Department of Transportation.—There is created a
  124  Department of Transportation which shall be a decentralized
  125  agency.
  126         (4)
  127         (b) The secretary may appoint positions at the level of
  128  deputy assistant secretary or director which the secretary deems
  129  necessary to accomplish the mission and goals of the department,
  130  including, but not limited to, the areas of program
  131  responsibility provided in this paragraph, each of whom shall be
  132  appointed by and serve at the pleasure of the secretary. The
  133  secretary may combine, separate, or delete offices as needed in
  134  consultation with the Executive Office of the Governor. The
  135  department’s areas of program responsibility include, but are
  136  not limited to:
  137         1. Administration;
  138         2. Planning;
  139         3. Public transportation;
  140         4. Design;
  141         5. Highway operations;
  142         6. Right-of-way;
  143         7. Toll operations;
  144         8. Information systems;
  145         9. Motor carrier weight inspection compliance;
  146         10. Management and budget;
  147         11. Comptroller;
  148         12. Construction;
  149         13. Maintenance; and
  150         14. Materials.
  151         Section 2. Subsection (2) of section 20.24, Florida
  152  Statutes, is amended, and subsection (3) is added to that
  153  section, to read:
  154         20.24 Department of Highway Safety and Motor Vehicles.
  155  There is created a Department of Highway Safety and Motor
  156  Vehicles.
  157         (2) The following divisions, and bureaus within the
  158  divisions, of the Department of Highway Safety and Motor
  159  Vehicles are established:
  160         (a) Division of the Florida Highway Patrol.
  161         (b) Division of Motorist Services.
  162         (b) Division of Driver Licenses.
  163         (c) Division of Motor Vehicles.
  164         (3) The Office of Motor Carrier Compliance is established
  165  within the Division of the Florida Highway Patrol.
  166         Section 3. Paragraph (m) of subsection (2) of section
  167  110.205, Florida Statutes, is amended to read:
  168         110.205 Career service; exemptions.—
  169         (2) EXEMPT POSITIONS.—The exempt positions that are not
  170  covered by this part include the following:
  171         (m) All assistant division director, deputy division
  172  director, and bureau chief positions in any department, and
  173  those positions determined by the department to have managerial
  174  responsibilities comparable to such positions, which positions
  175  include, but are not limited to:
  176         1. Positions in the Department of Health and the Department
  177  of Children and Family Services that are assigned primary duties
  178  of serving as the superintendent or assistant superintendent of
  179  an institution.
  180         2. Positions in the Department of Corrections that are
  181  assigned primary duties of serving as the warden, assistant
  182  warden, colonel, or major of an institution or that are assigned
  183  primary duties of serving as the circuit administrator or deputy
  184  circuit administrator.
  185         3. Positions in the Department of Transportation that are
  186  assigned primary duties of serving as regional toll managers and
  187  managers of offices, as defined in s. 20.23(4)(b) and (5)(c),
  188  and captains and majors of the Office of Motor Carrier
  189  Compliance.
  190         4. Positions in the Department of Environmental Protection
  191  that are assigned the duty of an Environmental Administrator or
  192  program administrator.
  193         5. Positions in the Department of Health that are assigned
  194  the duties of Environmental Administrator, Assistant County
  195  Health Department Director, and County Health Department
  196  Financial Administrator.
  197  
  198  Unless otherwise fixed by law, the department shall set the
  199  salary and benefits of the positions listed in this paragraph in
  200  accordance with the rules established for the Selected Exempt
  201  Service.
  202         Section 4. Paragraph (e) of subsection (2) of section
  203  288.816, Florida Statutes, is amended to read:
  204         288.816 Intergovernmental relations.—
  205         (2) The Office of Tourism, Trade, and Economic Development
  206  shall be responsible for all consular relations between the
  207  state and all foreign governments doing business in Florida. The
  208  office shall monitor United States laws and directives to ensure
  209  that all federal treaties regarding foreign privileges and
  210  immunities are properly observed. The office shall promulgate
  211  rules which shall:
  212         (e) Verify entitlement to issuance of special motor vehicle
  213  license plates by the Division of Motor Vehicles of the
  214  Department of Highway Safety and Motor Vehicles to honorary
  215  consuls or such other officials representing foreign governments
  216  who are not entitled to issuance of special Consul Corps license
  217  plates by the United States Government.
  218         Section 5. Paragraph (f) of subsection (1) of section
  219  311.115, Florida Statutes, is amended to read:
  220         311.115 Seaport Security Standards Advisory Council.—The
  221  Seaport Security Standards Advisory Council is created under the
  222  Office of Drug Control. The council shall serve as an advisory
  223  council as provided in s. 20.03(7).
  224         (1) The members of the council shall be appointed by the
  225  Governor and consist of the following:
  226         (f) One member from the Office of Motor Carrier Compliance
  227  of the Department of Highway Safety and Motor Vehicles
  228  Transportation.
  229         Section 6. Paragraph (a) of subsection (3) of section
  230  311.121, Florida Statutes, is amended to read:
  231         311.121 Qualifications, training, and certification of
  232  licensed security officers at Florida seaports.—
  233         (3) The Seaport Security Officer Qualification, Training,
  234  and Standards Coordinating Council is created under the
  235  Department of Law Enforcement.
  236         (a) The executive director of the Department of Law
  237  Enforcement shall appoint 11 members to the council, to include:
  238         1. The seaport administrator of the Department of Law
  239  Enforcement.
  240         2. The Commissioner of Education or his or her designee.
  241         3. The director of the Division of Licensing of the
  242  Department of Agriculture and Consumer Services.
  243         4. The administrator of the Florida Seaport Transportation
  244  and Economic Development Council.
  245         5. Two seaport security directors from seaports designated
  246  under s. 311.09.
  247         6. One director of a state law enforcement academy.
  248         7. One representative of a local law enforcement agency.
  249         8. Two representatives of contract security services.
  250         9. One representative of the Division of Driver Licenses of
  251  the Department of Highway Safety and Motor Vehicles.
  252         Section 7. Subsections (1), (2), (4), and (5) of section
  253  316.066, Florida Statutes, are amended, and present subsections
  254  (3), (4), (5), and (6) of that section are renumbered as
  255  subsections (2), (3), (4), and (5), respectively, to read:
  256         316.066 Written reports of crashes.—
  257         (1)(a) A Florida Traffic Crash Report, Long Form is
  258  required to be completed and submitted to the department within
  259  10 days after completing an investigation by every law
  260  enforcement officer who in the regular course of duty
  261  investigates a motor vehicle crash that:
  262         1. That Resulted in death or personal injury.
  263         2. That Involved a violation of s. 316.061(1) or s.
  264  316.193.
  265         3. In which a vehicle was rendered inoperative to a degree
  266  that required a wrecker to remove it from traffic, if such
  267  action is appropriate, in the officer’s discretion.
  268         (b) In every crash for which a Florida Traffic Crash
  269  Report, Long Form is not required by this section, the law
  270  enforcement officer may complete a short-form crash report or
  271  provide a driver exchange-of-information form short-form crash
  272  report to be completed by each party involved in the crash. The
  273  short-form report must include:
  274         1. The date, time, and location of the crash.
  275         2. A description of the vehicles involved.
  276         3. The names and addresses of the parties involved,
  277  including all drivers and passengers.
  278         4. The names and addresses of witnesses.
  279         5. The name, badge number, and law enforcement agency of
  280  the officer investigating the crash.
  281         6. The names of the insurance companies for the respective
  282  parties involved in the crash.
  283         (c) Each party to the crash must shall provide the law
  284  enforcement officer with proof of insurance, which must be
  285  documented to be included in the crash report. If a law
  286  enforcement officer submits a report on the crash accident,
  287  proof of insurance must be provided to the officer by each party
  288  involved in the crash. Any party who fails to provide the
  289  required information commits a noncriminal traffic infraction,
  290  punishable as a nonmoving violation as provided in chapter 318,
  291  unless the officer determines that due to injuries or other
  292  special circumstances such insurance information cannot be
  293  provided immediately. If the person provides the law enforcement
  294  agency, within 24 hours after the crash, proof of insurance that
  295  was valid at the time of the crash, the law enforcement agency
  296  may void the citation.
  297         (d) The driver of a vehicle that was in any manner involved
  298  in a crash resulting in damage to any vehicle or other property
  299  in an amount of $500 or more, which crash was not investigated
  300  by a law enforcement agency, shall, within 10 days after the
  301  crash, submit a written report of the crash to the department or
  302  traffic records center. The entity receiving the report may
  303  require witnesses of the crash crashes to render reports and may
  304  require any driver of a vehicle involved in a crash of which a
  305  written report must be made as provided in this section to file
  306  supplemental written reports if whenever the original report is
  307  deemed insufficient by the receiving entity.
  308         (e) Short-form crash reports prepared by law enforcement
  309  shall be maintained by the law enforcement officer’s agency.
  310         (2)(a) One or more counties may enter into an agreement
  311  with the appropriate state agency to be certified by the agency
  312  to have a traffic records center for the purpose of tabulating
  313  and analyzing countywide traffic crash reports. The agreement
  314  must include: certification by the agency that the center has
  315  adequate auditing and monitoring mechanisms in place to ensure
  316  the quality and accuracy of the data; the time period in which
  317  the traffic records center must report crash data to the agency;
  318  and the medium in which the traffic records must be submitted to
  319  the agency.
  320         (b) In the case of a county or multicounty area that has a
  321  certified central traffic records center, a law enforcement
  322  agency or driver must submit to the center within the time limit
  323  prescribed in this section a written report of the crash. A
  324  driver who is required to file a crash report must be notified
  325  of the proper place to submit the completed report.
  326         (c) Fees for copies of public records provided by a
  327  certified traffic records center shall be charged and collected
  328  as follows:
  329  
  330         For a crash report..........................$10 per copy.
  331         For a homicide report.......................$25 per copy.
  332         For a uniform traffic citation............$0.50 per copy.
  333  
  334  The fees collected for copies of the public records provided by
  335  a certified traffic records center shall be used to fund the
  336  center or otherwise as designated by the county or counties
  337  participating in the center.
  338         (3)(4)(a) Any driver failing to file the written report
  339  required under subsection (1) or subsection (2) commits a
  340  noncriminal traffic infraction, punishable as a nonmoving
  341  violation as provided in chapter 318.
  342         (b) Any employee of a state or local agency in possession
  343  of information made confidential and exempt by this section who
  344  knowingly discloses such confidential and exempt information to
  345  a person not entitled to access such information under this
  346  section commits is guilty of a felony of the third degree,
  347  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  348         (c) Any person, knowing that he or she is not entitled to
  349  obtain information made confidential and exempt by this section,
  350  who obtains or attempts to obtain such information commits a
  351  felony of the third degree, punishable as provided in s.
  352  775.082, s. 775.083, or s. 775.084.
  353         (d) Any person who knowingly uses confidential and exempt
  354  information in violation of a filed written sworn statement or
  355  contractual agreement required by this section commits a felony
  356  of the third degree, punishable as provided in s. 775.082, s.
  357  775.083, or s. 775.084.
  358         (4)(5) Except as specified in this subsection, each crash
  359  report made by a person involved in a crash and any statement
  360  made by such person to a law enforcement officer for the purpose
  361  of completing a crash report required by this section shall be
  362  without prejudice to the individual so reporting. No Such report
  363  or statement may not shall be used as evidence in any trial,
  364  civil or criminal. However, subject to the applicable rules of
  365  evidence, a law enforcement officer at a criminal trial may
  366  testify as to any statement made to the officer by the person
  367  involved in the crash if that person’s privilege against self
  368  incrimination is not violated. The results of breath, urine, and
  369  blood tests administered as provided in s. 316.1932 or s.
  370  316.1933 are not confidential and are shall be admissible into
  371  evidence in accordance with the provisions of s. 316.1934(2).
  372  Crash reports made by persons involved in crashes shall not be
  373  used for commercial solicitation purposes; however, the use of a
  374  crash report for purposes of publication in a newspaper or other
  375  news periodical or a radio or television broadcast shall not be
  376  construed as “commercial purpose.”
  377         Section 8. Section 316.1957, Florida Statutes, is amended
  378  to read:
  379         316.1957 Parking violations; designated parking spaces for
  380  persons who have disabilities.—When evidence is presented in any
  381  court of the fact that any motor vehicle was parked in a
  382  properly designated parking space for persons who have
  383  disabilities in violation of s. 316.1955, it is prima facie
  384  evidence that the vehicle was parked and left in the space by
  385  the person, firm, or corporation in whose name the vehicle is
  386  registered and licensed according to the records of the
  387  department Division of Motor Vehicles.
  388         Section 9. Subsections (4), (5), (6), (7), and (8) of
  389  section 316.302, Florida Statutes, are amended to read:
  390         316.302 Commercial motor vehicles; safety regulations;
  391  transporters and shippers of hazardous materials; enforcement.—
  392         (4)(a) Except as provided in this subsection, all
  393  commercial motor vehicles transporting any hazardous material on
  394  any road, street, or highway open to the public, whether engaged
  395  in interstate or intrastate commerce, and any person who offers
  396  hazardous materials for such transportation, are subject to the
  397  regulations contained in 49 C.F.R. part 107, subpart G, and 49
  398  C.F.R. parts 171, 172, 173, 177, 178, and 180. Effective July 1,
  399  1997, the exceptions for intrastate motor carriers provided in
  400  49 C.F.R. 173.5 and 173.8 are hereby adopted.
  401         (b) In addition to the penalties provided in s.
  402  316.3025(3)(b), (c), (d), and (e), any motor carrier or any of
  403  its officers, drivers, agents, representatives, employees, or
  404  shippers of hazardous materials that do not comply with this
  405  subsection or any rule adopted by a state agency that is
  406  consistent with the federal rules and regulations regarding
  407  hazardous materials commits a misdemeanor of the first degree,
  408  punishable as provided in s. 775.082 or s. 775.083. To ensure
  409  compliance with this subsection, enforcement officers of the
  410  Motor Carrier Compliance Office within the Department of
  411  Transportation and state highway patrol officers may inspect
  412  shipping documents and cargo of any vehicle known or suspected
  413  to be a transporter of hazardous materials.
  414         (5) The Department of Highway Safety and Motor Vehicles
  415  Transportation may adopt and revise rules to assure the safe
  416  operation of commercial motor vehicles. The Department of
  417  Highway Safety and Motor Vehicles Transportation may enter into
  418  cooperative agreements as provided in 49 C.F.R. part 388.
  419  Department of Transportation personnel may conduct motor carrier
  420  and shipper compliance reviews for the purpose of determining
  421  compliance with this section and s. 627.7415.
  422         (6) The state Department of Highway Safety and Motor
  423  Vehicles Transportation shall perform the duties that are
  424  assigned to the Field Administrator, Federal Motor Carrier
  425  Safety Administration under the federal rules, and an agent of
  426  that department, as described in s. 316.545(9), may enforce
  427  those rules.
  428         (7) A person who operates a commercial motor vehicle solely
  429  in intrastate commerce shall direct to the state Department of
  430  Highway Safety and Motor Vehicles Transportation any
  431  communication that the federal rules require persons subject to
  432  the jurisdiction of the United States Department of
  433  Transportation to direct to that department.
  434         (8) For the purpose of enforcing this section, any law
  435  enforcement officer of the Department of Highway Safety and
  436  Motor Vehicles Transportation or duly appointed agent who holds
  437  a current safety inspector certification from the Commercial
  438  Vehicle Safety Alliance may require the driver of any commercial
  439  vehicle operated on the highways of this state to stop and
  440  submit to an inspection of the vehicle or the driver’s records.
  441  If the vehicle or driver is found to be operating in an unsafe
  442  condition, or if any required part or equipment is not present
  443  or is not in proper repair or adjustment, and the continued
  444  operation would present an unduly hazardous operating condition,
  445  the officer may require the vehicle or the driver to be removed
  446  from service pursuant to the North American Standard Out-of
  447  Service Criteria, until corrected. However, if continuous
  448  operation would not present an unduly hazardous operating
  449  condition, the officer may give written notice requiring
  450  correction of the condition within 14 days.
  451         (a) Any member of the Florida Highway Patrol or any law
  452  enforcement officer employed by a sheriff’s office or municipal
  453  police department authorized to enforce the traffic laws of this
  454  state pursuant to s. 316.640 who has reason to believe that a
  455  vehicle or driver is operating in an unsafe condition may, as
  456  provided in subsection (10), enforce the provisions of this
  457  section.
  458         (b) Any person who fails to comply with an officer’s
  459  request to submit to an inspection under this subsection commits
  460  a violation of s. 843.02 if the person resists the officer
  461  without violence or a violation of s. 843.01 if the person
  462  resists the officer with violence.
  463         Section 10. Paragraph (a) of subsection (6) of section
  464  316.3025, Florida Statutes, is amended to read:
  465         316.3025 Penalties.—
  466  (6)(a) Only an officer or agent of the Department of Highway
  467  Safety and Motor Vehicles Transportation is authorized to
  468  collect the penalty provided by this section. Such officer or
  469  agent shall cooperate with the owner or driver of the motor
  470  vehicle so as not to unduly delay the vehicle.
  471         Section 11. Subsections (1), (2), and (3) of section
  472  316.3026, Florida Statutes, are amended to read:
  473         316.3026 Unlawful operation of motor carriers.—
  474         (1) The Office of Motor Carrier Compliance of the
  475  Department of Transportation may issue out-of-service orders to
  476  motor carriers, as defined in s. 320.01(33), who, have after
  477  proper notice, have failed to pay any penalty or fine assessed
  478  by the department, or its agent, against any owner or motor
  479  carrier for violations of state law, refused to submit to a
  480  compliance review and provide records pursuant to s. 316.302(5)
  481  or s. 316.70, or violated safety regulations pursuant to s.
  482  316.302 or insurance requirements found in s. 627.7415. Such
  483  out-of-service orders shall have the effect of prohibiting the
  484  operations of any motor vehicles owned, leased, or otherwise
  485  operated by the motor carrier upon the roadways of this state,
  486  until such time as the violations have been corrected or
  487  penalties have been paid. Out-of-service orders issued under
  488  this section must be approved by the director of the Division of
  489  the Florida Highway Patrol Secretary of Transportation or his or
  490  her designee. An administrative hearing pursuant to s. 120.569
  491  shall be afforded to motor carriers subject to such orders.
  492         (2) Any motor carrier enjoined or prohibited from operating
  493  by an out-of-service order by this state, any other state, or
  494  the Federal Motor Carrier Safety Administration may not operate
  495  on the roadways of this state until the motor carrier has been
  496  authorized to resume operations by the originating enforcement
  497  jurisdiction. Commercial motor vehicles owned or operated by any
  498  motor carrier prohibited from operation found on the roadways of
  499  this state shall be placed out of service by law enforcement
  500  officers of the Department of Highway Safety and Motor Vehicles
  501  Transportation, and the motor carrier assessed a $10,000 civil
  502  penalty pursuant to 49 C.F.R. s. 383.53, in addition to any
  503  other penalties imposed on the driver or other responsible
  504  person. Any person who knowingly drives, operates, or causes to
  505  be operated any commercial motor vehicle in violation of an out
  506  of-service order issued by the department in accordance with
  507  this section commits a felony of the third degree, punishable as
  508  provided in s. 775.082(3)(d). Any costs associated with the
  509  impoundment or storage of such vehicles are the responsibility
  510  of the motor carrier. Vehicle out-of-service orders may be
  511  rescinded when the department receives proof of authorization
  512  for the motor carrier to resume operation.
  513         (3) In addition to the sanctions found in subsections (1)
  514  and (2), the Department of Highway Safety and Motor Vehicles
  515  Transportation may petition the circuit courts of this state to
  516  enjoin any motor carrier from operating when it fails to comply
  517  with out-of-service orders issued by a competent authority
  518  within or outside this state.
  519         Section 12. Subsection (1) of section 316.516, Florida
  520  Statutes, is amended to read:
  521         316.516 Width, height, and length; inspection; penalties.—
  522         (1) Any law enforcement officer, as prescribed in s.
  523  316.640, or any weight inspector and safety officer of the
  524  Department of Transportation, as prescribed in s. 316.545(1),
  525  who has reason to believe that the width, height, or length of a
  526  vehicle or combination of vehicles and the load thereon is not
  527  in conformance with s. 316.515 is authorized to require the
  528  driver to stop and submit such vehicle and load to measurement
  529  of its width, height, or length.
  530         Section 13. Subsection (1), paragraphs (a) and (b) of
  531  subsection (2), paragraph (b) of subsection (4), and subsections
  532  (5), (9), and (10) of section 316.545, Florida Statutes, are
  533  amended to read:
  534         316.545 Weight and load unlawful; special fuel and motor
  535  fuel tax enforcement; inspection; penalty; review.—
  536         (1) Any officer of the Florida Highway Patrol weight and
  537  safety officer of the Department of Transportation having reason
  538  to believe that the weight of a vehicle and load is unlawful is
  539  authorized to require the driver to stop and submit to a
  540  weighing of the same by means of either portable or fixed scales
  541  and may require that such vehicle be driven to the nearest weigh
  542  station or public scales, provided such a facility is within 5
  543  highway miles. Upon a request by the vehicle driver, the officer
  544  shall weigh the vehicle at fixed scales rather than by portable
  545  scales if such a facility is available within 5 highway miles.
  546  Anyone who refuses to submit to such weighing obstructs an
  547  officer pursuant to s. 843.02 and is guilty of a misdemeanor of
  548  the first degree, punishable as provided in s. 775.082 or s.
  549  775.083. Anyone who knowingly and willfully resists, obstructs,
  550  or opposes a weight and safety officer while refusing to submit
  551  to such weighing by resisting the officer with violence to the
  552  officer’s person pursuant to s. 843.01 is guilty of a felony of
  553  the third degree, punishable as provided in s. 775.082, s.
  554  775.083, or s. 775.084.
  555         (2)(a) Whenever an officer of the Florida Highway Patrol or
  556  a weight inspector of the Department of Transportation, upon
  557  weighing a vehicle or combination of vehicles with load,
  558  determines that the axle weight or gross weight is unlawful, the
  559  officer may require the driver to stop the vehicle in a suitable
  560  place and remain standing until a determination can be made as
  561  to the amount of weight thereon and, if overloaded, the amount
  562  of penalty to be assessed as provided herein. However, any gross
  563  weight over and beyond 6,000 pounds beyond the maximum herein
  564  set shall be unloaded and all material so unloaded shall be
  565  cared for by the owner or operator of the vehicle at the risk of
  566  such owner or operator. Except as otherwise provided in this
  567  chapter, to facilitate compliance with and enforcement of the
  568  weight limits established in s. 316.535, weight tables published
  569  pursuant to s. 316.535(7) shall include a 10-percent scale
  570  tolerance and shall thereby reflect the maximum scaled weights
  571  allowed any vehicle or combination of vehicles. As used in this
  572  section, scale tolerance means the allowable deviation from
  573  legal weights established in s. 316.535. Notwithstanding any
  574  other provision of the weight law, if a vehicle or combination
  575  of vehicles does not exceed the gross, external bridge, or
  576  internal bridge weight limits imposed in s. 316.535 and the
  577  driver of such vehicle or combination of vehicles can comply
  578  with the requirements of this chapter by shifting or equalizing
  579  the load on all wheels or axles and does so when requested by
  580  the proper authority, the driver shall not be held to be
  581  operating in violation of said weight limits.
  582         (b) The officer or inspector shall inspect the license
  583  plate or registration certificate of the commercial vehicle, as
  584  defined in s. 316.003(66), to determine if its gross weight is
  585  in compliance with the declared gross vehicle weight. If its
  586  gross weight exceeds the declared weight, the penalty shall be 5
  587  cents per pound on the difference between such weights. In those
  588  cases when the commercial vehicle, as defined in s. 316.003(66),
  589  is being operated over the highways of the state with an expired
  590  registration or with no registration from this or any other
  591  jurisdiction or is not registered under the applicable
  592  provisions of chapter 320, the penalty herein shall apply on the
  593  basis of 5 cents per pound on that scaled weight which exceeds
  594  35,000 pounds on laden truck tractor-semitrailer combinations or
  595  tandem trailer truck combinations, 10,000 pounds on laden
  596  straight trucks or straight truck-trailer combinations, or
  597  10,000 pounds on any unladen commercial motor vehicle. If the
  598  license plate or registration has not been expired for more than
  599  90 days, the penalty imposed under this paragraph may not exceed
  600  $1,000. In the case of special mobile equipment as defined in s.
  601  316.003(48), which qualifies for the license tax provided for in
  602  s. 320.08(5)(b), being operated on the highways of the state
  603  with an expired registration or otherwise not properly
  604  registered under the applicable provisions of chapter 320, a
  605  penalty of $75 shall apply in addition to any other penalty
  606  which may apply in accordance with this chapter. A vehicle found
  607  in violation of this section may be detained until the owner or
  608  operator produces evidence that the vehicle has been properly
  609  registered. Any costs incurred by the retention of the vehicle
  610  shall be the sole responsibility of the owner. A person who has
  611  been assessed a penalty pursuant to this paragraph for failure
  612  to have a valid vehicle registration certificate pursuant to the
  613  provisions of chapter 320 is not subject to the delinquent fee
  614  authorized in s. 320.07 if such person obtains a valid
  615  registration certificate within 10 working days after such
  616  penalty was assessed.
  617         (4)
  618         (b) In addition to the penalty provided for in paragraph
  619  (a), the vehicle may be detained until the owner or operator of
  620  the vehicle furnishes evidence that the vehicle has been
  621  properly registered pursuant to s. 207.004. Any officer of the
  622  Florida Highway Patrol or agent of the Department of
  623  Transportation may issue a temporary fuel use permit and collect
  624  the appropriate fee as provided for in s. 207.004(4).
  625  Notwithstanding the provisions of subsection (6), all permit
  626  fees collected pursuant to this paragraph shall be transferred
  627  to the Department of Highway Safety and Motor Vehicles to be
  628  allocated pursuant to s. 207.026.
  629         (5) Whenever any person violates the provisions of this
  630  chapter and becomes indebted to the state because of such
  631  violation in the amounts aforesaid and refuses to pay said
  632  penalty, in addition to the provisions of s. 316.3026, such
  633  penalty shall become a lien upon the motor vehicle, and the same
  634  may be foreclosed by the state in a court of equity. It shall be
  635  presumed that the owner of the motor vehicle is liable for the
  636  sum. Any person, firm, or corporation claiming an interest in
  637  the seized motor vehicle may, at any time after the lien of the
  638  state attaches to the motor vehicle, obtain possession of the
  639  seized vehicle by filing a good and sufficient forthcoming bond
  640  with the officer having possession of the vehicle, payable to
  641  the Governor of the state in twice the amount of the state’s
  642  lien, with a corporate surety duly authorized to transact
  643  business in this state as surety, conditioned to have the motor
  644  vehicle or combination of vehicles forthcoming to abide the
  645  result of any suit for the foreclosure of such lien. It shall be
  646  presumed that the owner of the motor vehicle is liable for the
  647  penalty imposed under this section. Upon the posting of such
  648  bond with the officer making the seizure, the vehicle shall be
  649  released and the bond shall be forwarded to the Department of
  650  Highway Safety and Motor Vehicles Transportation for
  651  safekeeping. The lien of the state against the motor vehicle
  652  aforesaid shall be foreclosed in equity, and the ordinary rules
  653  of court relative to proceedings in equity shall control. If it
  654  appears that the seized vehicle has been released to the
  655  defendant upon his or her forthcoming bond, the state shall take
  656  judgment of foreclosure against the property itself, and
  657  judgment against the defendant and the sureties on the bond for
  658  the amount of the lien, including cost of proceedings. After the
  659  rendition of the decree, the state may, at its option, proceed
  660  to sue out execution against the defendant and his or her
  661  sureties for the amount recovered as aforesaid or direct the
  662  sale of the vehicle under foreclosure.
  663         (9) Any agent of the Department of Transportation who is
  664  employed for the purpose of being a weight and safety officer
  665  and who meets the qualifications established by law for law
  666  enforcement officers shall have the same arrest powers as are
  667  granted any law enforcement officer for the purpose of enforcing
  668  the provisions of weight, load, safety, commercial motor vehicle
  669  registration, and fuel tax compliance laws.
  670         (9)(10) The Department of Transportation may employ weight
  671  inspectors to operate its fixed-scale facilities. Weight
  672  inspectors on duty at a fixed-scale facility are authorized to
  673  enforce the laws governing commercial motor vehicle weight,
  674  registration, size, and load and to assess and collect civil
  675  penalties for violations of said laws. A weight inspector may
  676  detain a commercial motor vehicle that has an obvious safety
  677  defect critical to the continued safe operation of the vehicle
  678  or that is operating in violation of an out-of-service order as
  679  reported on the federal Safety and Fitness Electronic Records
  680  database. The weight inspector may immediately summon a law
  681  enforcement officer of the Department of Highway Safety and
  682  Motor Vehicles Transportation, or other law enforcement officer
  683  authorized by s. 316.640 to enforce the traffic laws of this
  684  state, to take appropriate enforcement action. The vehicle shall
  685  be released if the defect is repaired prior to the arrival of a
  686  law enforcement officer. Weight inspectors shall not be
  687  classified as law enforcement officers subject to certification
  688  requirements of chapter 943, and are not authorized to carry
  689  weapons or make arrests. Any person who obstructs, opposes, or
  690  resists a weight inspector in the performance of the duties
  691  herein prescribed shall be guilty of an offense as described in
  692  subsection (1) for obstructing, opposing, or resisting a law
  693  enforcement officer.
  694         Section 14. Paragraph (b) of subsection (1) of section
  695  316.613, Florida Statutes, is amended to read:
  696         316.613 Child restraint requirements.—
  697         (1)
  698         (b) The department Division of Motor Vehicles shall provide
  699  notice of the requirement for child restraint devices, which
  700  notice shall accompany the delivery of each motor vehicle
  701  license tag.
  702         Section 15. Paragraph (a) of subsection (1) of section
  703  316.640, Florida Statutes, is amended to read:
  704         316.640 Enforcement.—The enforcement of the traffic laws of
  705  this state is vested as follows:
  706         (1) STATE.—
  707         (a)1.a. The Division of Florida Highway Patrol of the
  708  Department of Highway Safety and Motor Vehicles; the Division of
  709  Law Enforcement of the Fish and Wildlife Conservation
  710  Commission; the Division of Law Enforcement of the Department of
  711  Environmental Protection; law enforcement officers of the
  712  Department of Transportation; and the agents, inspectors, and
  713  officers of the Department of Law Enforcement each have
  714  authority to enforce all of the traffic laws of this state on
  715  all the streets and highways thereof and elsewhere throughout
  716  the state wherever the public has a right to travel by motor
  717  vehicle.
  718         b. University police officers shall have authority to
  719  enforce all of the traffic laws of this state when violations
  720  occur on or within 1,000 feet of any property or facilities that
  721  are under the guidance, supervision, regulation, or control of a
  722  state university, a direct-support organization of such state
  723  university, or any other organization controlled by the state
  724  university or a direct-support organization of the state
  725  university, or when such violations occur within a specified
  726  jurisdictional area as agreed upon in a mutual aid agreement
  727  entered into with a law enforcement agency pursuant to s.
  728  23.1225(1). Traffic laws may also be enforced off-campus when
  729  hot pursuit originates on or within 1,000 feet of any such
  730  property or facilities, or as agreed upon in accordance with the
  731  mutual aid agreement.
  732         c. Community college police officers shall have the
  733  authority to enforce all the traffic laws of this state only
  734  when such violations occur on any property or facilities that
  735  are under the guidance, supervision, regulation, or control of
  736  the community college system.
  737         d. Police officers employed by an airport authority shall
  738  have the authority to enforce all of the traffic laws of this
  739  state only when such violations occur on any property or
  740  facilities that are owned or operated by an airport authority.
  741         (I) An airport authority may employ as a parking
  742  enforcement specialist any individual who successfully completes
  743  a training program established and approved by the Criminal
  744  Justice Standards and Training Commission for parking
  745  enforcement specialists but who does not otherwise meet the
  746  uniform minimum standards established by the commission for law
  747  enforcement officers or auxiliary or part-time officers under s.
  748  943.12. Nothing in this sub-sub-subparagraph shall be construed
  749  to permit the carrying of firearms or other weapons, nor shall
  750  such parking enforcement specialist have arrest authority.
  751         (II) A parking enforcement specialist employed by an
  752  airport authority is authorized to enforce all state, county,
  753  and municipal laws and ordinances governing parking only when
  754  such violations are on property or facilities owned or operated
  755  by the airport authority employing the specialist, by
  756  appropriate state, county, or municipal traffic citation.
  757         e. The Office of Agricultural Law Enforcement of the
  758  Department of Agriculture and Consumer Services shall have the
  759  authority to enforce traffic laws of this state.
  760         f. School safety officers shall have the authority to
  761  enforce all of the traffic laws of this state when such
  762  violations occur on or about any property or facilities which
  763  are under the guidance, supervision, regulation, or control of
  764  the district school board.
  765         2. An agency of the state as described in subparagraph 1.
  766  is prohibited from establishing a traffic citation quota. A
  767  violation of this subparagraph is not subject to the penalties
  768  provided in chapter 318.
  769         3. Any disciplinary action taken or performance evaluation
  770  conducted by an agency of the state as described in subparagraph
  771  1. of a law enforcement officer’s traffic enforcement activity
  772  must be in accordance with written work-performance standards.
  773  Such standards must be approved by the agency and any collective
  774  bargaining unit representing such law enforcement officer. A
  775  violation of this subparagraph is not subject to the penalties
  776  provided in chapter 318.
  777         4. The Division of the Florida Highway Patrol may employ as
  778  a traffic accident investigation officer any individual who
  779  successfully completes instruction in traffic accident
  780  investigation and court presentation through the Selective
  781  Traffic Enforcement Program as approved by the Criminal Justice
  782  Standards and Training Commission and funded through the
  783  National Highway Traffic Safety Administration or a similar
  784  program approved by the commission, but who does not necessarily
  785  meet the uniform minimum standards established by the commission
  786  for law enforcement officers or auxiliary law enforcement
  787  officers under chapter 943. Any such traffic accident
  788  investigation officer who makes an investigation at the scene of
  789  a traffic accident may issue traffic citations, based upon
  790  personal investigation, when he or she has reasonable and
  791  probable grounds to believe that a person who was involved in
  792  the accident committed an offense under this chapter, chapter
  793  319, chapter 320, or chapter 322 in connection with the
  794  accident. This subparagraph does not permit the officer to carry
  795  firearms or other weapons, and such an officer does not have
  796  authority to make arrests.
  797         Section 16. Paragraph (a) of subsection (1) of section
  798  318.15, Florida Statutes, is amended to read:
  799         318.15 Failure to comply with civil penalty or to appear;
  800  penalty.—
  801         (1)(a) If a person fails to comply with the civil penalties
  802  provided in s. 318.18 within the time period specified in s.
  803  318.14(4), fails to enter into or comply with the terms of a
  804  penalty payment plan with the clerk of the court in accordance
  805  with ss. 318.14 and 28.246, fails to attend driver improvement
  806  school, or fails to appear at a scheduled hearing, the clerk of
  807  the court shall notify the Division of Driver Licenses of the
  808  Department of Highway Safety and Motor Vehicles of such failure
  809  within 10 days after such failure. Upon receipt of such notice,
  810  the department shall immediately issue an order suspending the
  811  driver’s license and privilege to drive of such person effective
  812  20 days after the date the order of suspension is mailed in
  813  accordance with s. 322.251(1), (2), and (6). Any such suspension
  814  of the driving privilege which has not been reinstated,
  815  including a similar suspension imposed outside Florida, shall
  816  remain on the records of the department for a period of 7 years
  817  from the date imposed and shall be removed from the records
  818  after the expiration of 7 years from the date it is imposed.
  819         Section 17. Paragraph (b) of subsection (3) and subsection
  820  (5) of section 320.05, Florida Statutes, are amended to read:
  821         320.05 Records of the department; inspection procedure;
  822  lists and searches; fees.—
  823         (3)
  824         (b) Fees therefor shall be charged and collected as
  825  follows:
  826         1. For providing lists of motor vehicle or vessel records
  827  for the entire state, or any part or parts thereof, divided
  828  according to counties, a sum computed at a rate of not less than
  829  1 cent nor more than 5 cents per item.
  830         2. For providing noncertified photographic copies of motor
  831  vehicle or vessel documents, $1 per page.
  832         3. For providing noncertified photographic copies of
  833  micrographic records, $1 per page.
  834         4. For providing certified copies of motor vehicle or
  835  vessel records, $3 per record.
  836         5. For providing noncertified computer-generated printouts
  837  of motor vehicle or vessel records, 50 cents per record.
  838         6. For providing certified computer-generated printouts of
  839  motor vehicle or vessel records, $3 per record.
  840         7. For providing electronic access to motor vehicle,
  841  vessel, and mobile home registration data requested by tag,
  842  vehicle identification number, title number, or decal number, 50
  843  cents per item.
  844         8. For providing electronic access to driver’s license
  845  status report by name, sex, and date of birth or by driver
  846  license number, 50 cents per item.
  847         9. For providing lists of licensed mobile home dealers and
  848  manufacturers and recreational vehicle dealers and
  849  manufacturers, $15 per list.
  850         10. For providing lists of licensed motor vehicle dealers,
  851  $25 per list.
  852         11. For each copy of a videotape record, $15 per tape.
  853         12. For each copy of the Division of Motorist Services
  854  Motor Vehicles Procedures Manual, $25.
  855         (5) The creation and maintenance of records by the
  856  department and the Division of Motorist Services Motor Vehicles
  857  pursuant to this chapter shall not be regarded as law
  858  enforcement functions of agency recordkeeping.
  859         Section 18. Subsection (1) of section 320.18, Florida
  860  Statutes, is amended to read:
  861         320.18 Withholding registration.—
  862         (1) The department may withhold the registration of any
  863  motor vehicle or mobile home the owner of which has failed to
  864  register it under the provisions of law for any previous period
  865  or periods for which it appears registration should have been
  866  made in this state, until the tax for such period or periods is
  867  paid. The department may cancel any vehicle or vessel
  868  registration, driver’s license, identification card, or fuel-use
  869  tax decal if the owner pays for the vehicle or vessel
  870  registration, driver’s license, identification card, or fuel-use
  871  tax decal; pays any administrative, delinquency, or
  872  reinstatement fee; or pays any tax liability, penalty, or
  873  interest specified in chapter 207 by a dishonored check, or if
  874  the vehicle owner or motor carrier has failed to pay a penalty
  875  for a weight or safety violation issued by the Department of
  876  Transportation or the Department of Highway Safety and Motor
  877  Vehicles Motor Carrier Compliance Office. The Department of
  878  Transportation and the Department of Highway Safety and Motor
  879  Vehicles may impound any commercial motor vehicle that has a
  880  canceled license plate or fuel-use tax decal until the tax
  881  liability, penalty, and interest specified in chapter 207, the
  882  license tax, or the fuel-use decal fee, and applicable
  883  administrative fees have been paid for by certified funds.
  884         Section 19. Paragraphs (a) and (b) of subsection (2) of
  885  section 320.275, Florida Statutes, are amended to read:
  886         320.275 Automobile Dealers Industry Advisory Board.—
  887         (2) MEMBERSHIP, TERMS, MEETINGS.—
  888         (a) The board shall be composed of 12 members. The
  889  executive director of the Department of Highway Safety and Motor
  890  Vehicles shall appoint the members from names submitted by the
  891  entities for the designated categories the member will
  892  represent. The executive director shall appoint one
  893  representative of the Department of Highway Safety and Motor
  894  Vehicles, who must represent the Division of Motor Vehicles; two
  895  representatives of the independent motor vehicle industry as
  896  recommended by the Florida Independent Automobile Dealers
  897  Association; two representatives of the franchise motor vehicle
  898  industry as recommended by the Florida Automobile Dealers
  899  Association; one representative of the auction motor vehicle
  900  industry who is from an auction chain and is recommended by a
  901  group affiliated with the National Auto Auction Association; one
  902  representative of the auction motor vehicle industry who is from
  903  an independent auction and is recommended by a group affiliated
  904  with the National Auto Auction Association; one representative
  905  from the Department of Revenue; a Florida tax collector
  906  representative recommended by the Florida Tax Collectors
  907  Association; one representative from the Better Business Bureau;
  908  one representative from the Department of Agriculture and
  909  Consumer Services, who must represent the Division of Consumer
  910  Services; and one representative of the insurance industry who
  911  writes motor vehicle dealer surety bonds.
  912         (b)1. The executive director shall appoint the following
  913  initial members to 1-year terms: one representative from the
  914  motor vehicle auction industry who represents an auction chain,
  915  one representative from the independent motor vehicle industry,
  916  one representative from the franchise motor vehicle industry,
  917  one representative from the Department of Revenue, one Florida
  918  tax collector, and one representative from the Better Business
  919  Bureau.
  920         2. The executive director shall appoint the following
  921  initial members to 2-year terms: one representative from the
  922  motor vehicle auction industry who represents an independent
  923  auction, one representative from the independent motor vehicle
  924  industry, one representative from the franchise motor vehicle
  925  industry, one representative from the Division of Consumer
  926  Services, one representative from the insurance industry, and
  927  one representative from the department Division of Motor
  928  Vehicles.
  929         3. As the initial terms expire, the executive director
  930  shall appoint successors from the same designated category for
  931  terms of 2 years. If renominated, a member may succeed himself
  932  or herself.
  933         4. The board shall appoint a chair and vice chair at its
  934  initial meeting and every 2 years thereafter.
  935         Section 20. Subsection (1) of section 321.05, Florida
  936  Statutes, is amended to read:
  937         321.05 Duties, functions, and powers of patrol officers.
  938  The members of the Florida Highway Patrol are hereby declared to
  939  be conservators of the peace and law enforcement officers of the
  940  state, with the common-law right to arrest a person who, in the
  941  presence of the arresting officer, commits a felony or commits
  942  an affray or breach of the peace constituting a misdemeanor,
  943  with full power to bear arms; and they shall apprehend, without
  944  warrant, any person in the unlawful commission of any of the
  945  acts over which the members of the Florida Highway Patrol are
  946  given jurisdiction as hereinafter set out and deliver him or her
  947  to the sheriff of the county that further proceedings may be had
  948  against him or her according to law. In the performance of any
  949  of the powers, duties, and functions authorized by law, members
  950  of the Florida Highway Patrol have the same protections and
  951  immunities afforded other peace officers, which shall be
  952  recognized by all courts having jurisdiction over offenses
  953  against the laws of this state, and have authority to apply for,
  954  serve, and execute search warrants, arrest warrants, capias, and
  955  other process of the court. The patrol officers under the
  956  direction and supervision of the Department of Highway Safety
  957  and Motor Vehicles shall perform and exercise throughout the
  958  state the following duties, functions, and powers:
  959         (1) To patrol the state highways and regulate, control, and
  960  direct the movement of traffic thereon; to maintain the public
  961  peace by preventing violence on highways; to apprehend fugitives
  962  from justice; to enforce all laws now in effect regulating and
  963  governing traffic, travel, and public safety upon the public
  964  highways and providing for the protection of the public highways
  965  and public property thereon, including the security and safety
  966  of this state’s transportation infrastructure; to make arrests
  967  without warrant for the violation of any state law committed in
  968  their presence in accordance with the laws of this state law;
  969  providing that no search may shall be made unless it is incident
  970  to a lawful arrest, to regulate and direct traffic
  971  concentrations and congestions; to enforce laws governing the
  972  operation, licensing, and taxing and limiting the size, weight,
  973  width, length, and speed of vehicles and licensing and
  974  controlling the operations of drivers and operators of vehicles,
  975  including the safety, size, and weight of commercial motor
  976  vehicles; to cooperate with officials designated by law to
  977  collect all state fees and revenues levied as an incident to the
  978  use or right to use the highways for any purpose, including the
  979  taxing and registration of commercial motor vehicles; to require
  980  the drivers of vehicles to stop and exhibit their driver’s
  981  licenses, registration cards, or documents required by law to be
  982  carried by such vehicles; to investigate traffic accidents,
  983  secure testimony of witnesses and of persons involved, and make
  984  report thereof with copy, if when requested in writing, to any
  985  person in interest or his or her attorney; to investigate
  986  reported thefts of vehicles; and to seize contraband or stolen
  987  property on or being transported on the highways. Each patrol
  988  officer of the Florida Highway Patrol is subject to and has the
  989  same arrest and other authority provided for law enforcement
  990  officers generally in chapter 901 and has statewide
  991  jurisdiction. Each officer also has arrest authority as provided
  992  for state law enforcement officers in s. 901.15. This section
  993  does shall not be construed as being in conflict with, but is
  994  supplemental to, chapter 933.
  995         Section 21. Section 321.052, Florida Statutes, is created
  996  to read:
  997         321.052Agents.—The Department of Highway Safety and Motor
  998  Vehicles shall, upon application, authorize any or all of the
  999  sheriffs in the several counties of the state, subject to the
 1000  requirements of law, in accordance with rules of the department,
 1001  to serve as its agent for purposes of the provisions specified
 1002  in s. 321.05.
 1003         Section 22. Subsections (2), (3), (4), and (5) of section
 1004  321.23, Florida Statutes, are amended to read:
 1005         321.23 Public records; fees for copies; destruction of
 1006  obsolete records; photographing records; effect as evidence.—
 1007         (2) Fees for copies of public records shall be charged and
 1008  collected as follows:
 1009         (a) For a crash report, a copy........................$10
 1010         (b) For a homicide report, a copy.....................$25
 1011         (c) For a uniform traffic citation, a copy..........$0.50
 1012         (d)(c) Photographs (accidents, etc.):
 1013  
 1014  Enlargement                                  Color      Black & 
 1015         Proof                                              White 
 1016  
 1017         1. 5″ x 7″                              $1.00      $0.75 
 1018         2. 8″ x 10″                             $1.50      $1.00 
 1019         3. 11″ x 14″                      Not Available    $1.75 
 1020         4. 16″ x 20″                      Not Available    $2.75 
 1021         5. 20″ x 24″                      Not Available    $3.75 
 1022  
 1023         (d) The department shall furnish such information without
 1024  charge to any local, state, or federal law enforcement agency
 1025  upon proof satisfactory to the department as to the purpose of
 1026  the investigation.
 1027         (3) Fees collected under this section shall be deposited in
 1028  the Highway Safety Operating Trust Fund, unless the department
 1029  provides the crash report online, in which case the department
 1030  may distribute up to $5 of the amount collected per copy to the
 1031  investigating agency.
 1032         (4) The department may is authorized to destroy reports,
 1033  records, documents, papers, and correspondence which are
 1034  considered obsolete.
 1035         (5) The department may scan, is authorized to photograph,
 1036  microphotograph, or reproduce on film such documents, records,
 1037  and reports as it may select. The photographs or
 1038  microphotographs in the form of film or print of any records
 1039  made in compliance with the provisions of this section shall
 1040  have the same force and effect as the originals thereof would
 1041  have and shall be treated as originals for the purpose of their
 1042  admissibility in evidence. Duly certified or authenticated
 1043  reproductions of such photographs or microphotographs shall be
 1044  admitted in evidence equally with the original photographs or
 1045  microphotographs.
 1046         Section 23. Subsection (3) of section 322.02, Florida
 1047  Statutes, is amended to read:
 1048         322.02 Legislative intent; administration.—
 1049         (3) The department shall employ a director, who is charged
 1050  with the duty of serving as the executive officer of the
 1051  Division of Motorist Services Driver Licenses of the department
 1052  insofar as the administration of this chapter is concerned. He
 1053  or she shall be subject to the supervision and direction of the
 1054  department, and his or her official actions and decisions as
 1055  executive officer shall be conclusive unless the same are
 1056  superseded or reversed by the department or by a court of
 1057  competent jurisdiction.
 1058         Section 24. Subsections (1) and (5) of section 322.135,
 1059  Florida Statutes, are amended, and subsection (7) is added to
 1060  that section, to read:
 1061         322.135 Driver’s license agents.—
 1062         (1) The department shall, upon application, authorize by
 1063  interagency agreement any or all of the tax collectors who are
 1064  constitutional officers under s. 1(d), Art. VIII of the State
 1065  Constitution in the several counties of the state, subject to
 1066  the requirements of law, in accordance with rules of the
 1067  department, to serve as its agent for the provision of specified
 1068  driver’s license services.
 1069         (a) These services shall be limited to the issuance of
 1070  driver’s licenses and identification cards as authorized by this
 1071  chapter.
 1072         (b) Each tax collector who is authorized by the department
 1073  to provide driver’s license services shall bear all costs
 1074  associated with providing those services.
 1075         (c) A service fee of $6.25 shall be charged, in addition to
 1076  the fees set forth in this chapter, for providing all services
 1077  pursuant to this chapter. The service fee may not be charged:
 1078         1. More than once per customer during a single visit to a
 1079  tax collector’s office.
 1080         2. For a reexamination requested by the Medical Advisory
 1081  Board or required pursuant to s. 322.221.
 1082         3. For a voter registration transaction.
 1083         4. In violation of any federal or state law.
 1084         (5) All driver’s license issuance services shall be assumed
 1085  by the tax collectors who are constitutional officers under s.
 1086  1(d), Art. VIII of the State Constitution by June 30, 2015. The
 1087  implementation shall follow the schedule outlined in the
 1088  transition report of February 1, 2011, which was required
 1089  pursuant to chapter 2010-163, Laws of Florida. The department,
 1090  in conjunction with the Florida Tax Collectors Association and
 1091  the Florida Association of Counties, shall develop a plan to
 1092  transition all driver’s license issuance services to the county
 1093  tax collectors who are constitutional officers under s. 1(d),
 1094  Art. VIII of the State Constitution. The transition plan must be
 1095  submitted to the President of the Senate and the Speaker of the
 1096  House of Representatives on or before February 1, 2011. The
 1097  transition plan must include a timeline to complete the full
 1098  transition of all driver’s license issuance services no later
 1099  than June 30, 2015, and may include, but is not limited to,
 1100  recommendations on the use of regional service centers,
 1101  interlocal agreements, and equipment.
 1102         (7) The department may adopt rules to create exceptions for
 1103  counties that are unable to provide full driver’s license
 1104  services due to their small population. In addition, counties
 1105  may create interlocal agreements to provide driver’s license
 1106  services across county lines.
 1107         Section 25. Subsections (9), (10), (13), (14), and (16) of
 1108  section 322.20, Florida Statutes, are amended to read:
 1109         322.20 Records of the department; fees; destruction of
 1110  records.—
 1111         (9) The department may, upon application, furnish to any
 1112  person, from its the records of the Division of Driver Licenses,
 1113  a list of the names, addresses, and birth dates of the licensed
 1114  drivers of the entire state or any portion thereof by age group.
 1115  In addition, the department may furnish to the courts, for the
 1116  purpose of establishing jury selection lists, the names,
 1117  addresses, and birth dates of the persons of the entire state or
 1118  any portion thereof by age group having identification cards
 1119  issued by the department. Each person who requests such
 1120  information shall pay a fee, set by the department, of 1 cent
 1121  per name listed, except that the department shall furnish such
 1122  information without charge to the courts for the purpose of jury
 1123  selection or to any state agency or to any state attorney,
 1124  sheriff, or chief of police. Such court, state agency, state
 1125  attorney, or law enforcement agency may not sell, give away, or
 1126  allow the copying of such information. Noncompliance with this
 1127  prohibition shall authorize the department to charge the
 1128  noncomplying court, state agency, state attorney, or law
 1129  enforcement agency the appropriate fee for any subsequent lists
 1130  requested. The department may adopt rules necessary to implement
 1131  this subsection.
 1132         (10) The department Division of Driver Licenses is
 1133  authorized, upon application of any person and payment of the
 1134  proper fees, to search and to assist such person in the search
 1135  of the records of the department and make reports thereof and to
 1136  make photographic copies of the departmental records and
 1137  attestations thereof.
 1138         (13) The department Division of Driver Licenses shall
 1139  implement a system that allows either parent of a minor, or a
 1140  guardian, or other responsible adult who signed a minor’s
 1141  application for a driver’s license to have Internet access
 1142  through a secure website to inspect the minor’s driver history
 1143  record. Internet access to driver history records granted to a
 1144  minor’s parents, guardian, or other responsible adult shall be
 1145  furnished by the department at no fee and shall terminate when
 1146  the minor attains 18 years of age.
 1147         (14) The department is authorized in accordance with
 1148  chapter 257 to destroy reports, records, documents, papers, and
 1149  correspondence in the Division of Driver Licenses which are
 1150  considered obsolete.
 1151         (16) The creation and maintenance of records by the
 1152  Division of Motorist Services within the department and the
 1153  Division of Driver Licenses pursuant to this chapter shall not
 1154  be regarded as law enforcement functions of agency
 1155  recordkeeping.
 1156         Section 26. Section 322.202, Florida Statutes, is amended
 1157  to read:
 1158         322.202 Admission of evidence obtained from the Division of
 1159  Motorist Services Driver Licenses and the Division of Motor
 1160  Vehicles.—
 1161         (1) The Legislature finds that the Division of Motorist
 1162  Services Driver Licenses and the Division of Motor Vehicles of
 1163  the Department of Highway Safety and Motor Vehicles is are not a
 1164  law enforcement agency agencies. The Legislature also finds that
 1165  the division is not an adjunct divisions are not adjuncts of any
 1166  law enforcement agency in that employees have no stake in
 1167  particular prosecutions. The Legislature further finds that
 1168  errors in records maintained by the divisions are not within the
 1169  collective knowledge of any law enforcement agency. The
 1170  Legislature also finds that the missions of the division of
 1171  Driver Licenses, the Division of Motor Vehicles, and the
 1172  Department of Highway Safety and Motor Vehicles provide a
 1173  sufficient incentive to maintain records in a current and
 1174  correct fashion.
 1175         (2) The Legislature finds that the purpose of the
 1176  exclusionary rule is to deter misconduct on the part of law
 1177  enforcement officers and law enforcement agencies.
 1178         (3) The Legislature finds that the application of the
 1179  exclusionary rule to cases where a law enforcement officer
 1180  effects an arrest based on objectively reasonable reliance on
 1181  information obtained from the divisions is repugnant to the
 1182  purposes of the exclusionary rule and contrary to the decisions
 1183  of the United States Supreme Court in Arizona v. Evans, 514 U.S.
 1184  1 (1995) and United States v. Leon, 468 U.S. 897 (1984).
 1185         (4) In any case where a law enforcement officer effects an
 1186  arrest based on objectively reasonable reliance on information
 1187  obtained from the divisions, evidence found pursuant to such an
 1188  arrest shall not be suppressed by application of the
 1189  exclusionary rule on the grounds that the arrest is subsequently
 1190  determined to be unlawful due to erroneous information obtained
 1191  from the divisions.
 1192         Section 27. Paragraphs (e) and (f) of subsection (1) and
 1193  subsection (2) of section 322.21, Florida Statutes, are amended
 1194  to read:
 1195         322.21 License fees; procedure for handling and collecting
 1196  fees.—
 1197         (1) Except as otherwise provided herein, the fee for:
 1198         (e) A replacement driver’s license issued pursuant to s.
 1199  322.17 is $25. Of this amount $7 shall be deposited into the
 1200  Highway Safety Operating Trust Fund and $18 shall be deposited
 1201  into the General Revenue Fund. Funds deposited into the Highway
 1202  Safety Operating Trust Fund shall be used for motorist services
 1203  activities, including infrastructure and technology, which
 1204  support the delivery of driver’s license issuance and vehicle
 1205  registration services by tax collector’s who are constitutional
 1206  officers under s. (1)(d), Art. VIII of the State Constitution.
 1207  Beginning July 1, 2015, or upon completion of the transition of
 1208  driver’s license issuance services, the tax collector shall
 1209  retain $7 of this amount and the remaining revenues shall be
 1210  deposited into the General Revenue Fund.
 1211         (f) An original, renewal, or replacement identification
 1212  card issued pursuant to s. 322.051 is $25. Funds collected from
 1213  these fees shall be distributed as follows:
 1214         1. For an original identification card issued pursuant to
 1215  s. 322.051 the fee is $25. This amount shall be deposited into
 1216  the General Revenue Fund.
 1217         2. For a renewal identification card issued pursuant to s.
 1218  322.051 the fee is $25. Of this amount, $6 shall be deposited
 1219  into the Highway Safety Operating Trust Fund and $19 shall be
 1220  deposited into the General Revenue Fund.
 1221         3. For a replacement identification card issued pursuant to
 1222  s. 322.051 the fee is $25. Of this amount, $9 shall be deposited
 1223  into the Highway Safety Operating Trust Fund and $16 shall be
 1224  deposited into the General Revenue Fund. Funds deposited into
 1225  the Highway Safety Operating Trust Fund shall be used for
 1226  motorist services activities, including infrastructure and
 1227  technology, which support the delivery of driver’s license
 1228  issuance and vehicle registration services by tax collector’s
 1229  who are constitutional officers under s. (1)(d), Art. VIII of
 1230  the State Constitution. Beginning July 1, 2015, or upon
 1231  completion of the transition of the driver’s license issuance
 1232  services, the tax collector shall retain $9 of this amount, and
 1233  the remaining revenues shall be deposited into the General
 1234  Revenue Fund.
 1235         (2) It is the duty of the director of the Division of
 1236  Motorist Services Driver Licenses to set up a division in the
 1237  department with the necessary personnel to perform the necessary
 1238  clerical and routine work for the department in issuing and
 1239  recording applications, licenses, and certificates of
 1240  eligibility, including the receiving and accounting of all
 1241  license funds and their payment into the State Treasury, and
 1242  other incidental clerical work connected with the administration
 1243  of this chapter. The department may use such electronic,
 1244  mechanical, or other devices as necessary to accomplish the
 1245  purposes of this chapter.
 1246         Section 28. Subsection (32) of section 334.044, Florida
 1247  Statutes, is repealed.
 1248         Section 29. Subsection (2) of section 413.012, Florida
 1249  Statutes, is amended to read:
 1250         413.012 Confidential records disclosure prohibited;
 1251  exemptions.—
 1252         (2) It is unlawful for any person to disclose, authorize
 1253  the disclosure, solicit, receive, or make use of any list of
 1254  names and addresses or any record containing any information set
 1255  forth in subsection (1) and maintained in the division. The
 1256  prohibition provided for in this subsection shall not apply to
 1257  the use of such information for purposes directly connected with
 1258  the administration of the vocational rehabilitation program or
 1259  with the monthly dispatch to the Division of Motorist Services
 1260  Driver Licenses of the Department of Highway Safety and Motor
 1261  Vehicles of the name in full, place and date of birth, sex,
 1262  social security number, and resident address of individuals with
 1263  central visual acuity 20/200 or less in the better eye with
 1264  correcting glasses, or a disqualifying field defect in which the
 1265  peripheral field has contracted to such an extent that the
 1266  widest diameter or visual field subtends an angular distance no
 1267  greater than 20 degrees. When requested in writing by an
 1268  applicant or client, or her or his representative, the Division
 1269  of Blind Services shall release confidential information to the
 1270  applicant or client or her or his representative.
 1271         Section 30. Paragraph (c) of subsection (3) of section
 1272  921.0022, Florida Statutes, is amended to read:
 1273         921.0022 Criminal Punishment Code; offense severity ranking
 1274  chart.—
 1275         (3) OFFENSE SEVERITY RANKING CHART
 1276         (c) LEVEL 3
 1277  FloridaStatute   FelonyDegree                Description                 
 1278  119.10(2)(b)       3rd   Unlawful use of confidential information from police reports.
 1279  316.066 (3)(4)(b)-(d)  3rd   Unlawfully obtaining or using confidential crash reports.
 1280  316.193(2)(b)      3rd   Felony DUI, 3rd conviction.                 
 1281  316.1935(2)        3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 1282  319.30(4)          3rd   Possession by junkyard of motor vehicle with identification number plate removed.
 1283  319.33(1)(a)       3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
 1284  319.33(1)(c)       3rd   Procure or pass title on stolen vehicle.    
 1285  319.33(4)          3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 1286  327.35(2)(b)       3rd   Felony BUI.                                 
 1287  328.05(2)          3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 1288  328.07(4)          3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 1289  376.302(5)         3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 1290  379.2431 (1)(e)5.  3rd   Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
 1291  379.2431 (1)(e)6.  3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 1292  400.9935(4)        3rd   Operating a clinic without a license or filing false license application or other required information.
 1293  440.1051(3)        3rd   False report of workers’ compensation fraud or retaliation for making such a report.
 1294  501.001(2)(b)      2nd   Tampers with a consumer product or the container using materially false/misleading information.
 1295  624.401(4)(a)      3rd   Transacting insurance without a certificate of authority.
 1296  624.401(4)(b)1.    3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
 1297  626.902(1)(a) & (b)  3rd   Representing an unauthorized insurer.       
 1298  697.08             3rd   Equity skimming.                            
 1299  790.15(3)          3rd   Person directs another to discharge firearm from a vehicle.
 1300  796.05(1)          3rd   Live on earnings of a prostitute.           
 1301  806.10(1)          3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 1302  806.10(2)          3rd   Interferes with or assaults firefighter in performance of duty.
 1303  810.09(2)(c)       3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 1304  812.014(2)(c)2.    3rd   Grand theft; $5,000 or more but less than $10,000.
 1305  812.0145(2)(c)     3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
 1306  815.04(4)(b)       2nd   Computer offense devised to defraud or obtain property.
 1307  817.034(4)(a)3.    3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 1308  817.233            3rd   Burning to defraud insurer.                 
 1309  817.234 (8)(b)-(c)  3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
 1310  817.234(11)(a)     3rd   Insurance fraud; property value less than $20,000.
 1311  817.236            3rd   Filing a false motor vehicle insurance application.
 1312  817.2361           3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 1313  817.413(2)         3rd   Sale of used goods as new.                  
 1314  817.505(4)         3rd   Patient brokering.                          
 1315  828.12(2)          3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 1316  831.28(2)(a)       3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 1317  831.29             2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
 1318  838.021(3)(b)      3rd   Threatens unlawful harm to public servant.  
 1319  843.19             3rd   Injure, disable, or kill police dog or horse.
 1320  860.15(3)          3rd   Overcharging for repairs and parts.         
 1321  870.01(2)          3rd   Riot; inciting or encouraging.              
 1322  893.13(1)(a)2.     3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
 1323  893.13(1)(d)2.     2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
 1324  893.13(1)(f)2.     2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
 1325  893.13(6)(a)       3rd   Possession of any controlled substance other than felony possession of cannabis.
 1326  893.13(7)(a)8.     3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 1327  893.13(7)(a)9.     3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 1328  893.13(7)(a)10.    3rd   Affix false or forged label to package of controlled substance.
 1329  893.13(7)(a)11.    3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
 1330  893.13(8)(a)1.     3rd   Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
 1331  893.13(8)(a)2.     3rd   Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
 1332  893.13(8)(a)3.     3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
 1333  893.13(8)(a)4.     3rd   Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
 1334  918.13(1)(a)       3rd   Alter, destroy, or conceal investigation evidence.
 1335  944.47 (1)(a)1.-2.  3rd   Introduce contraband to correctional facility.
 1336  944.47(1)(c)       2nd   Possess contraband while upon the grounds of a correctional institution.
 1337  985.721            3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
 1338         Section 31. Effective July 1, 2011, a Law Enforcement
 1339  Consolidation Task Force is created.
 1340         (1) Members of the task force shall consist of the
 1341  executive director of the Department of Highway Safety and Motor
 1342  Vehicles, the executive director of the Department of Law
 1343  Enforcement, a representative from the Office of the Attorney
 1344  General, a representative from the Department of Agriculture and
 1345  Consumer Services, the Colonel of the Florida Highway Patrol,
 1346  the Colonel of the Division of Law Enforcement of the Fish and
 1347  Wildlife Conservation Commission, a representative from the
 1348  Florida Sheriffs Association, and a representative from the
 1349  Florida Police Chiefs Association.
 1350         (2) The Department of Highway Safety and Motor Vehicles
 1351  shall provide administrative assistance to the task force.
 1352  However, this does not include travel expenses incurred by
 1353  members of the task force, which shall be borne by the agency
 1354  that the member represents.
 1355         (3) The task force shall evaluate the duplication of law
 1356  enforcement functions throughout state government and identify
 1357  functions that are appropriate for possible consolidation. The
 1358  task force shall also evaluate administrative functions,
 1359  including, but not limited to, accreditation, training, legal
 1360  representation, vehicle fleets, aircraft, civilian-support
 1361  staffing, information technology, and geographic regions,
 1362  districts, or troops currently in use. The task force shall also
 1363  evaluate whether the Florida Highway Patrol should limit its
 1364  jurisdiction, except while in fresh pursuit, to the State
 1365  Highway System or the Florida Intrastate Highway System. The
 1366  task force shall make recommendations and submit a plan to
 1367  consolidate state law enforcement responsibilities. The task
 1368  force shall submit to the President of the Senate and the
 1369  Speaker of the House of Representatives the plan by February 1,
 1370  2012. The plan must include recommendations on the methodology
 1371  to be used in creating a consolidated law enforcement entity by
 1372  June 30, 2013. The task force expires June 30, 2012.
 1373         Section 32. (1) The Office of Motor Carrier Compliance of
 1374  the Department of Transportation is transferred to the Division
 1375  of the Florida Highway Patrol of the Department of Highway
 1376  Safety and Motor Vehicles as provided in SPB 7084 of the General
 1377  Appropriations Act for the 2011-2012 fiscal year.
 1378         (2) Notwithstanding ss. 216.192 and 216.351, Florida
 1379  Statutes, upon approval by the Legislative Budget Commission,
 1380  the Executive Office of the Governor may transfer funds and
 1381  positions between agencies to implement this section.
 1382         Section 33. This act shall take effect July 1, 2011.