Florida Senate - 2013                      CS for CS for SB 1458
       
       
       
       By the Committees on Appropriations; and Transportation; and
       Senator Brandes
       
       
       
       576-04638-13                                          20131458c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 110.205, F.S.;
    4         providing that certain positions in the department are
    5         exempt from career service; amending s. 207.002, F.S.,
    6         relating to the Florida Diesel Fuel and Motor Fuel Use
    7         Tax Act of 1981; deleting definitions of the terms
    8         “apportioned motor vehicle” and “apportionable
    9         vehicle”; providing legislative intent relating to
   10         road rage and traffic congestion; amending s. 316.003,
   11         F.S.; defining the term “road rage”; amending s.
   12         316.066, F.S.; authorizing the Department of
   13         Transportation to immediately receive a crash report;
   14         amending s. 316.083, F.S.; requiring that an operator
   15         of a motor vehicle yield the furthermost left-hand
   16         lane when being overtaken on a multilane highway;
   17         providing exceptions; reenacting s. 316.1923, F.S.,
   18         relating to aggressive careless driving, to
   19         incorporate the amendments made to s. 316.083, F.S.,
   20         in a reference thereto; requiring that the Department
   21         of Highway Safety and Motor Vehicles provide
   22         information about the act in driver license
   23         educational materials that are newly published on or
   24         after a specified date; amending s. 316.1937, F.S.;
   25         revising operational specifications for ignition
   26         interlock devices; amending s. 316.2015, F.S.;
   27         prohibiting the operator of a pickup truck or flatbed
   28         truck from permitting a child who is younger than 6
   29         years of age from riding within the open body of the
   30         truck under certain circumstances; amending s.
   31         316.302, F.S.; revising provisions for certain
   32         commercial motor vehicles and transporters and
   33         shippers of hazardous materials; providing for
   34         application of specified federal regulations; removing
   35         a provision for application of specified provisions
   36         and federal regulations to transporting liquefied
   37         petroleum gas; amending s. 316.3025, F.S.; providing
   38         penalties for violation of specified federal
   39         regulations relating to medical and physical
   40         requirements for commercial drivers while driving a
   41         commercial motor vehicle; revising provisions for
   42         seizure of a motor vehicle for refusal to pay penalty;
   43         amending s. 316.515, F.S.; providing that a straight
   44         truck may attach a forklift to the rear of the cargo
   45         bed if it does not exceed a specific length; amending
   46         s. 316.545, F.S.; revising language relating to
   47         certain commercial motor vehicles not properly
   48         licensed and registered; amending s. 316.646, F.S.;
   49         authorizing the use of an electronic device to provide
   50         proof of insurance under the section; providing that
   51         displaying such information on an electronic device
   52         does not constitute consent for a law enforcement
   53         officer to access other information stored on the
   54         device; providing that the person displaying the
   55         device assumes the liability for any resulting damage
   56         to the device; requiring the department to adopt
   57         rules; amending s. 317.0016, F.S., relating to
   58         expedited services; removing a requirement that the
   59         department provide such service for certain
   60         certificates; amending s. 318.14, F.S., relating to
   61         disposition of traffic citations; providing that
   62         certain alternative procedures for certain traffic
   63         offenses are not available to a person who holds a
   64         commercial learner’s permit; amending s. 318.1451,
   65         F.S.; revising provisions relating to driver
   66         improvement schools; removing a provision for a chief
   67         judge to establish requirements for the location of
   68         schools within a judicial circuit; removing a
   69         provision that authorizes a person to operate a driver
   70         improvement school; revising provisions for persons
   71         taking an unapproved course; providing criteria for
   72         initial approval of courses; revising requirements for
   73         assessment fees, courses, course certificates, and
   74         course providers; directing the department to adopt
   75         rules; creating s. 319.141, F.S.; establishing a pilot
   76         rebuilt motor vehicle inspection program; providing
   77         definitions; requiring the department to contract with
   78         private vendors to establish and operate inspection
   79         facilities in certain counties; providing minimum
   80         requirements for applicants; requiring the department
   81         to submit a report to the Legislature; providing for
   82         future repeal; amending s. 319.225, F.S.; revising
   83         provisions for certificates of title, reassignment of
   84         title, and forms; revising procedures for transfer of
   85         title; amending s. 319.23, F.S.; revising requirements
   86         for content of certificates of title and applications
   87         for title; amending s. 319.28, F.S.; revising
   88         provisions for transfer of ownership by operation of
   89         law when a motor vehicle or mobile home is
   90         repossessed; removing provisions for a certificate of
   91         repossession; amending s. 319.323, F.S., relating to
   92         expedited services of the department; removing
   93         certificates of repossession; amending s. 320.01,
   94         F.S.; removing the definition of the term “apportioned
   95         motor vehicle”; revising the definition of the term
   96         “apportionable motor vehicle”; amending s. 320.02,
   97         F.S.; revising requirements for application for motor
   98         vehicle registration; amending s. 320.03, F.S.;
   99         revising a provision for registration under the
  100         International Registration Plan; amending s. 320.071,
  101         F.S.; revising a provision for advance renewal of
  102         registration under the International Registration
  103         Plan; amending s. 320.0715, F.S.; revising provisions
  104         for vehicles required to be registered under the
  105         International Registration Plan; amending s. 320.18,
  106         F.S.; providing for withholding of motor vehicle or
  107         mobile home registration when a coowner has failed to
  108         register the motor vehicle or mobile home during a
  109         previous period when such registration was required;
  110         providing for cancelling a vehicle or vessel
  111         registration, driver license, identification card, or
  112         fuel-use tax decal if the coowner pays certain fees
  113         and other liabilities with a dishonored check;
  114         amending s. 320.27, F.S., relating to motor vehicle
  115         dealers; providing for extended periods for dealer
  116         licenses and supplemental licenses; providing fees;
  117         amending s. 320.62, F.S., relating to manufacturers,
  118         distributors, and importers of motor vehicles;
  119         providing for extended licensure periods; providing
  120         fees; amending s. 320.77, F.S., relating to mobile
  121         home dealers; providing for extended licensure
  122         periods; providing fees; amending s. 320.771, F.S.,
  123         relating to recreational vehicle dealers; providing
  124         for extended licensure periods; providing fees;
  125         amending s. 320.8225, F.S., relating to mobile home
  126         and recreational vehicle manufacturers, distributors,
  127         and importers; providing for extended licensure
  128         periods; providing fees; amending s. 322.095, F.S.;
  129         requiring an applicant for a driver license to
  130         complete a traffic law and substance abuse education
  131         course; providing exceptions; revising procedures for
  132         evaluation and approval of such courses; revising
  133         criteria for such courses and the schools conducting
  134         the courses; providing for collection and disposition
  135         of certain fees; requiring providers to maintain
  136         records; directing the department to conduct
  137         effectiveness studies; requiring a provider to cease
  138         offering a course that fails the study; requiring
  139         courses to be updated at the request of the
  140         department; providing a timeframe for course length;
  141         prohibiting a provider from charging for a completion
  142         certificate; requiring providers to disclose certain
  143         information; requiring providers to submit course
  144         completion information to the department within a
  145         certain time period; prohibiting certain acts;
  146         providing that the department shall not accept
  147         certification from certain students; prohibiting a
  148         person convicted of certain crimes from conducting
  149         courses; directing the department to suspend course
  150         approval for certain purposes; providing for the
  151         department to deny, suspend, or revoke course approval
  152         for certain acts; providing for administrative hearing
  153         before final action denying, suspending, or revoking
  154         course approval; providing penalties for violations;
  155         amending s. 322.125, F.S.; revising criteria for
  156         members of the Medical Advisory Board; amending s.
  157         322.135, F.S.; removing a provision that authorizes a
  158         tax collector to direct certain licensees to the
  159         department for examination or reexamination; creating
  160         s. 322.143, F.S.; defining terms; prohibiting a
  161         private entity from swiping an individual’s driver
  162         license or identification card except for certain
  163         specified purposes; providing that a private entity
  164         that swipes an individual’s driver license or
  165         identification card may not store, sell, or share
  166         personal information collected from swiping the driver
  167         license or identification card; providing that a
  168         private entity may store or share personal information
  169         collected from swiping an individual’s driver license
  170         or identification card for the purpose of preventing
  171         fraud or other criminal activity against the private
  172         entity; providing that the private entity may manually
  173         collect personal information; prohibiting a private
  174         entity from withholding the provision of goods or
  175         services solely as a result of the individual
  176         requesting the collection of the data through manual
  177         means; providing remedies; amending s. 322.18, F.S.;
  178         revising provisions for a vision test required for
  179         driver license renewal for certain drivers; amending
  180         s. 322.21, F.S.; making grammatical changes; amending
  181         s. 322.212, F.S.; providing penalties for certain
  182         violations involving application and testing for a
  183         commercial driver license or a commercial learner’s
  184         permit; amending s. 322.22, F.S.; authorizing the
  185         department to withhold issuance or renewal of a driver
  186         license, identification card, vehicle or vessel
  187         registration, or fuel-use decal under certain
  188         circumstances; amending s. 322.245, F.S.; requiring a
  189         depository or clerk of court to electronically notify
  190         the department of a person’s failure to pay support or
  191         comply with directives of the court; amending s.
  192         322.25, F.S.; removing a provision for a court order
  193         to reinstate a person’s driving privilege on a
  194         temporary basis when the person’s license and driving
  195         privilege have been revoked under certain
  196         circumstances; amending s. 322.2615, F.S., relating to
  197         review of a license suspension when the driver had
  198         blood or breath alcohol at a certain level or the
  199         driver refused a test of his or her blood or breath to
  200         determine the alcohol level; providing procedures for
  201         a driver to be issued a restricted license under
  202         certain circumstances; revising provisions for
  203         informal and formal reviews; providing for the hearing
  204         officer to be designated by the department;
  205         authorizing the hearing officer to conduct hearings
  206         using telecommunications technology; revising
  207         procedures for enforcement of subpoenas; amending s.
  208         322.2616, F.S., relating to review of a license
  209         suspension when the driver is under 21 years of age
  210         and had blood or breath alcohol at a certain level;
  211         revising provisions for informal and formal reviews;
  212         providing for the hearing officer to be designated by
  213         the department; authorizing the hearing officer to
  214         conduct hearings using telecommunications technology;
  215         revising procedures for enforcement of subpoenas;
  216         amending s. 322.271, F.S.; correcting cross-references
  217         and conforming provisions to changes made by the act;
  218         providing procedures for certain persons who have no
  219         previous convictions for certain alcohol-related
  220         driving offenses to be issued a driver license for
  221         business purposes only; amending s. 322.2715, F.S.;
  222         providing requirements for issuance of a restricted
  223         license for a person convicted of a DUI offense if a
  224         medical waiver of placement of an ignition interlock
  225         device was given to such person; amending s. 322.28,
  226         F.S., relating to revocation of driver license for
  227         convictions of DUI offenses; providing that
  228         convictions occurring on the same date for offenses
  229         occurring on separate dates are considered separate
  230         convictions; removing a provision relating to a court
  231         order for reinstatement of a revoked license;
  232         repealing s. 322.331, F.S., relating to habitual
  233         traffic offenders; amending s. 322.61, F.S.; revising
  234         provisions for disqualification from operating a
  235         commercial motor vehicle; providing for application of
  236         such provisions to persons holding a commercial
  237         learner’s permit; revising the offenses for which
  238         certain disqualifications apply; amending s. 322.64,
  239         F.S., relating to driving with unlawful blood-alcohol
  240         level or refusal to submit to breath, urine, or blood
  241         test by a commercial driver license holder or person
  242         driving a commercial motor vehicle; providing that a
  243         disqualification from driving a commercial motor
  244         vehicle is considered a conviction for certain
  245         purposes; revising the time period a person is
  246         disqualified from driving for alcohol-related
  247         violations; revising requirements for notice of the
  248         disqualification; providing that under the review of a
  249         disqualification the hearing officer shall consider
  250         the crash report; revising provisions for informal and
  251         formal reviews; providing for the hearing officer to
  252         be designated by the department; authorizing the
  253         hearing officer to conduct hearings using
  254         telecommunications technology; revising procedures for
  255         enforcement of subpoenas; directing the department to
  256         issue a temporary driving permit or invalidate the
  257         suspension under certain circumstances; providing for
  258         construction of specified provisions; amending s.
  259         323.002, F.S.; revising the definition of a wrecker
  260         operator system; providing that an unauthorized
  261         wrecker, tow truck, or other motor vehicle used during
  262         certain offenses may be immediately removed and
  263         impounded; requiring that an unauthorized wrecker
  264         operator disclose in writing to the owner or operator
  265         of a disabled motor vehicle certain information;
  266         requiring that the unauthorized wrecker operator
  267         provide such disclosure to the owner or operator of
  268         the disabled vehicle in the presence of a law
  269         enforcement officer if one is present at the scene of
  270         a motor vehicle accident; authorizing a law
  271         enforcement officer from a local governmental agency
  272         or state law enforcement agency to remove and impound
  273         an unauthorized wrecker, tow truck, or other motor
  274         vehicle from the scene of a disabled vehicle or wreck;
  275         authorizing the authority that caused the removal and
  276         impoundment to assess a cost-recovery fine; requiring
  277         a release form; requiring that the wrecker, tow truck,
  278         or other motor vehicle remain impounded until the fine
  279         has been paid; providing for public sale of an
  280         impounded vehicle; providing fines for violations;
  281         requiring that the unauthorized wrecker operator pay
  282         the fees associated with the removal and storage of
  283         the wrecker, tow truck, or other motor vehicle;
  284         amending s. 324.0221, F.S.; revising the actions which
  285         must be reported to the department by an insurer that
  286         has issued a policy providing personal injury
  287         protection coverage or property damage liability
  288         coverage; revising time allowed for submitting the
  289         report; amending s. 324.031, F.S.; revising the
  290         methods a vehicle owner or operator may use to prove
  291         financial responsibility; removing a provision for
  292         posting a bond with the department; amending s.
  293         324.091, F.S.; revising provisions requiring motor
  294         vehicle owners and operators to provide evidence to
  295         the department of liability insurance coverage under
  296         certain circumstances; revising provisions for
  297         verification by insurers of such evidence; amending s.
  298         324.161, F.S.; providing requirements for issuance of
  299         a certificate of insurance; requiring proof of a
  300         certificate of deposit of a certain amount of money in
  301         a financial institution; providing for power of
  302         attorney to be issued to the department for execution
  303         under certain circumstances; amending s. 328.01, F.S.,
  304         relating to vessel titles; revising identification
  305         requirements for applications for a certificate of
  306         title; amending s. 328.48, F.S., relating to vessel
  307         registration; revising identification requirements for
  308         applications for vessel registration; amending s.
  309         328.76, F.S., relating to vessel registration funds;
  310         revising provisions for funds to be deposited into the
  311         Highway Safety Operating Trust Fund; amending s.
  312         713.585, F.S.; requiring that a lienholder check the
  313         National Motor Vehicle Title Information System or the
  314         records of any corresponding agency of any other state
  315         before enforcing a lien by selling the motor vehicle;
  316         requiring the lienholder to notify the local law
  317         enforcement agency in writing by certified mail
  318         informing the law enforcement agency that the
  319         lienholder has made a good faith effort to locate the
  320         owner or lienholder; specifying that a good faith
  321         effort includes a check of the Department of Highway
  322         Safety and Motor Vehicles database records and the
  323         National Motor Vehicle Title Information System;
  324         setting requirements for notification of the sale of
  325         the vehicle as a way to enforce a lien; requiring the
  326         lienholder to publish notice; requiring the lienholder
  327         to keep a record of proof of checking the National
  328         Motor Vehicle Title Information System; amending s.
  329         713.78, F.S.; revising provisions for enforcement of a
  330         lien for recovering, towing, or storing a vehicle or
  331         vessel; amending ss. 212.08, 261.03, 316.2122,
  332         316.2124, 316.21265, 316.3026, 316.550, 317.0003,
  333         320.08, 320.0847, 322.282, 324.023, 324.171, 324.191,
  334         627.733, and 627.7415, F.S.; correcting cross
  335         references and conforming provisions to changes made
  336         by the act; providing an effective date.
  337  
  338  Be It Enacted by the Legislature of the State of Florida:
  339  
  340         Section 1. Paragraph (m) of subsection (2) of section
  341  110.205, Florida Statutes, is amended to read:
  342         110.205 Career service; exemptions.—
  343         (2) EXEMPT POSITIONS.—The exempt positions that are not
  344  covered by this part include the following:
  345         (m) All assistant division director, deputy division
  346  director, and bureau chief positions in any department, and
  347  those positions determined by the department to have managerial
  348  responsibilities comparable to such positions, which include,
  349  but are not limited to:
  350         1. Positions in the Department of Health and the Department
  351  of Children and Family Services that are assigned primary duties
  352  of serving as the superintendent or assistant superintendent of
  353  an institution.
  354         2. Positions in the Department of Corrections that are
  355  assigned primary duties of serving as the warden, assistant
  356  warden, colonel, or major of an institution or that are assigned
  357  primary duties of serving as the circuit administrator or deputy
  358  circuit administrator.
  359         3. Positions in the Department of Transportation that are
  360  assigned primary duties of serving as regional toll managers and
  361  managers of offices, as defined in s. 20.23(4)(b) and (5)(c).
  362         4. Positions in the Department of Environmental Protection
  363  that are assigned the duty of an Environmental Administrator or
  364  program administrator.
  365         5. Positions in the Department of Health that are assigned
  366  the duties of Environmental Administrator, Assistant County
  367  Health Department Director, and County Health Department
  368  Financial Administrator.
  369         6. Positions in the Department of Highway Safety and Motor
  370  Vehicles that are assigned primary duties of serving as captains
  371  in the Florida Highway Patrol.
  372  
  373  Unless otherwise fixed by law, the department shall set the
  374  salary and benefits of the positions listed in this paragraph in
  375  accordance with the rules established for the Selected Exempt
  376  Service.
  377         Section 2. Section 207.002, Florida Statutes, is reordered
  378  and amended to read:
  379         207.002 Definitions.—As used in this chapter, the term:
  380         (1) “Apportioned motor vehicle” means any motor vehicle
  381  which is required to be registered under the International
  382  Registration Plan.
  383         (1)(2) “Commercial motor vehicle” means any vehicle not
  384  owned or operated by a governmental entity which uses diesel
  385  fuel or motor fuel on the public highways; and which has a gross
  386  vehicle weight in excess of 26,000 pounds, or has three or more
  387  axles regardless of weight, or is used in combination when the
  388  weight of such combination exceeds 26,000 pounds gross vehicle
  389  weight. The term excludes any vehicle owned or operated by a
  390  community transportation coordinator as defined in s. 427.011 or
  391  by a private operator that provides public transit services
  392  under contract with such a provider.
  393         (2)(3) “Department” means the Department of Highway Safety
  394  and Motor Vehicles.
  395         (7)(4) “Motor carrier” means any person owning,
  396  controlling, operating, or managing any motor vehicle used to
  397  transport persons or property over any public highway.
  398         (8)(5) “Motor fuel” means what is commonly known and sold
  399  as gasoline and fuels containing a mixture of gasoline and other
  400  products.
  401         (9)(6) “Operate,” “operated,” “operation,” or “operating”
  402  means and includes the utilization in any form of any commercial
  403  motor vehicle, whether loaded or empty, whether utilized for
  404  compensation or not for compensation, and whether owned by or
  405  leased to the motor carrier who uses it or causes it to be used.
  406         (10)(7) “Person” means and includes natural persons,
  407  corporations, copartnerships, firms, companies, agencies, or
  408  associations, singular or plural.
  409         (11)(8) “Public highway” means any public street, road, or
  410  highway in this state.
  411         (3)(9) “Diesel fuel” means any liquid product or gas
  412  product or combination thereof, including, but not limited to,
  413  all forms of fuel known or sold as diesel fuel, kerosene, butane
  414  gas, or propane gas and all other forms of liquefied petroleum
  415  gases, except those defined as “motor fuel,” used to propel a
  416  motor vehicle.
  417         (13)(10) “Use,” “uses,” or “used” means the consumption of
  418  diesel fuel or motor fuel in a commercial motor vehicle for the
  419  propulsion thereof.
  420         (4)(11) “International Registration Plan” means a
  421  registration reciprocity agreement among states of the United
  422  States and provinces of Canada providing for payment of license
  423  fees or license taxes on the basis of fleet miles operated in
  424  various jurisdictions.
  425         (12) “Apportionable vehicle” means any vehicle, except a
  426  recreational vehicle, a vehicle displaying restricted plates, a
  427  municipal pickup and delivery vehicle, a bus used in
  428  transportation of chartered parties, and a government-owned
  429  vehicle, which is used or intended for use in two or more states
  430  of the United States or provinces of Canada that allocate or
  431  proportionally register vehicles and which is used for the
  432  transportation of persons for hire or is designed, used, or
  433  maintained primarily for the transportation of property and:
  434         (a) Is a power unit having a gross vehicle weight in excess
  435  of 26,000 pounds;
  436         (b) Is a power unit having three or more axles, regardless
  437  of weight; or
  438         (c) Is used in combination, when the weight of such
  439  combination exceeds 26,000 pounds gross vehicle weight.
  440         (5)(13) “Interstate” means vehicle movement between or
  441  through two or more states.
  442         (6)(14) “Intrastate” means vehicle movement from one point
  443  within a state to another point within the same state.
  444         (12)(15) “Registrant” means a person in whose name or names
  445  a vehicle is properly registered.
  446         Section 3. The intent of the Legislature is to reduce road
  447  rage and traffic congestion by reducing the incidence of crashes
  448  and drivers’ interferences with the movement of traffic and by
  449  promoting the orderly, free flow of traffic on the roads and
  450  highways of the state.
  451         Section 4. Subsection (91) is added to section 316.003,
  452  Florida Statutes, to read:
  453         316.003 Definitions.—The following words and phrases, when
  454  used in this chapter, shall have the meanings respectively
  455  ascribed to them in this section, except where the context
  456  otherwise requires:
  457         (91) ROAD RAGE.—The act of a driver or passenger to
  458  intentionally or unintentionally, due to a loss of emotional
  459  control, injure or kill another driver, passenger, bicyclist, or
  460  pedestrian, or to attempt or threaten to injure or kill another
  461  driver, passenger, bicyclist, or pedestrian.
  462         Section 5. Paragraph (b) of subsection (2) of section
  463  316.066, Florida Statutes, is amended to read:
  464         316.066 Written reports of crashes.—
  465         (2)
  466         (b) Crash reports held by an agency under paragraph (a) may
  467  be made immediately available to the parties involved in the
  468  crash, their legal representatives, their licensed insurance
  469  agents, their insurers or insurers to which they have applied
  470  for coverage, persons under contract with such insurers to
  471  provide claims or underwriting information, prosecutorial
  472  authorities, law enforcement agencies, the Department of
  473  Transportation, county traffic operations, victim services
  474  programs, radio and television stations licensed by the Federal
  475  Communications Commission, newspapers qualified to publish legal
  476  notices under ss. 50.011 and 50.031, and free newspapers of
  477  general circulation, published once a week or more often,
  478  available and of interest to the public generally for the
  479  dissemination of news. For the purposes of this section, the
  480  following products or publications are not newspapers as
  481  referred to in this section: those intended primarily for
  482  members of a particular profession or occupational group; those
  483  with the primary purpose of distributing advertising; and those
  484  with the primary purpose of publishing names and other personal
  485  identifying information concerning parties to motor vehicle
  486  crashes.
  487         Section 6. Present subsection (3) of section 316.083,
  488  Florida Statutes, is redesignated as subsection (4), and a new
  489  subsection (3) is added to that section, to read:
  490         316.083 Overtaking and passing a vehicle.—The following
  491  rules shall govern the overtaking and passing of vehicles
  492  proceeding in the same direction, subject to those limitations,
  493  exceptions, and special rules hereinafter stated:
  494         (3)(a) On a road, street, or highway having two or more
  495  lanes that allow movement in the same direction, a driver may
  496  not continue to operate a motor vehicle in the furthermost left
  497  hand lane if the driver knows, or reasonably should know, that
  498  he or she is being overtaken in that lane from the rear by a
  499  motor vehicle traveling at a higher rate of speed.
  500         (b) Paragraph (a) does not apply to a driver operating a
  501  motor vehicle in the furthermost left-hand lane if:
  502         1. The driver is in the process of overtaking a slower
  503  motor vehicle in the adjacent right-hand lane for the purpose of
  504  passing the slower vehicle before moving to the adjacent right
  505  hand lane;
  506         2. Conditions preclude the driver from moving to the
  507  adjacent right-hand lane;
  508         3. The driver’s movement to the adjacent right-hand lane
  509  could endanger the driver or other drivers;
  510         4. The driver is directed by a law enforcement officer,
  511  road sign, or road crew to remain in the furthermost left-hand
  512  lane;
  513         5. The driver is preparing to make a left turn; or
  514         6. The driver is traveling at a speed not less than 10
  515  miles per hour under the posted speed limit.
  516         Section 7. For the purpose of incorporating the amendment
  517  made by this act to section 316.083, Florida Statutes, in a
  518  reference thereto, section 316.1923, Florida Statutes, is
  519  reenacted to read:
  520         316.1923 Aggressive careless driving.—“Aggressive careless
  521  driving” means committing two or more of the following acts
  522  simultaneously or in succession:
  523         (1) Exceeding the posted speed as defined in s.
  524  322.27(3)(d)5.b.
  525         (2) Unsafely or improperly changing lanes as defined in s.
  526  316.085.
  527         (3) Following another vehicle too closely as defined in s.
  528  316.0895(1).
  529         (4) Failing to yield the right-of-way as defined in s.
  530  316.079, s. 316.0815, or s. 316.123.
  531         (5) Improperly passing as defined in s. 316.083, s.
  532  316.084, or s. 316.085.
  533         (6) Violating traffic control and signal devices as defined
  534  in ss. 316.074 and 316.075.
  535         Section 8. The Department of Highway Safety and Motor
  536  Vehicles shall provide information about the Florida Highway
  537  Safety Act in all driver license educational materials printed
  538  on or after October 1, 2013.
  539         Section 9. Subsection (1) of section 316.1937, Florida
  540  Statutes, is amended to read:
  541         316.1937 Ignition interlock devices, requiring; unlawful
  542  acts.—
  543         (1) In addition to any other authorized penalties, the
  544  court may require that any person who is convicted of driving
  545  under the influence in violation of s. 316.193 shall not operate
  546  a motor vehicle unless that vehicle is equipped with a
  547  functioning ignition interlock device certified by the
  548  department as provided in s. 316.1938, and installed in such a
  549  manner that the vehicle will not start if the operator’s blood
  550  alcohol level is in excess of 0.025 0.05 percent or as otherwise
  551  specified by the court. The court may require the use of an
  552  approved ignition interlock device for a period of at least not
  553  less than 6 continuous months, if the person is permitted to
  554  operate a motor vehicle, whether or not the privilege to operate
  555  a motor vehicle is restricted, as determined by the court. The
  556  court, however, shall order placement of an ignition interlock
  557  device in those circumstances required by s. 316.193.
  558         Section 10. Section 316.2015, Florida Statutes, is amended
  559  to read:
  560         316.2015 Unlawful for person to ride on exterior of
  561  vehicle.—
  562         (1) It is unlawful for any operator of a passenger vehicle
  563  to permit any person to ride on the bumper, radiator, fender,
  564  hood, top, trunk, or running board of such vehicle when operated
  565  upon any street or highway which is maintained by the state,
  566  county, or municipality. Any person who violates this subsection
  567  shall be cited for a moving violation, punishable as provided in
  568  chapter 318.
  569         (2)(a) No person shall ride on any vehicle upon any portion
  570  thereof not designed or intended for the use of passengers. This
  571  paragraph does not apply to an employee of a fire department, an
  572  employee of a governmentally operated solid waste disposal
  573  department or a waste disposal service operating pursuant to a
  574  contract with a governmental entity, or to a volunteer
  575  firefighter when the employee or firefighter is engaged in the
  576  necessary discharge of a duty, and does not apply to a person
  577  who is being transported in response to an emergency by a public
  578  agency or pursuant to the direction or authority of a public
  579  agency. This paragraph does not apply to an employee engaged in
  580  the necessary discharge of a duty or to a person or persons
  581  riding within truck bodies in space intended for merchandise.
  582         (b) It is unlawful for any operator of a pickup truck or
  583  flatbed truck to permit a minor child who has not attained 18
  584  years of age to ride upon limited access facilities of the state
  585  within the open body of a pickup truck or flatbed truck unless
  586  the minor is restrained within the open body in the back of a
  587  truck that has been modified to include secure seating and
  588  safety restraints to prevent the passenger from being thrown,
  589  falling, or jumping from the truck. This paragraph does not
  590  apply in a medical emergency if the child is accompanied within
  591  the truck by an adult. A county is exempt from this paragraph if
  592  the governing body of the county, by majority vote, following a
  593  noticed public hearing, votes to exempt the county from this
  594  paragraph.
  595         (c)It is unlawful for the operator of a pickup truck or
  596  flatbed truck to permit a minor child who has not attained 6
  597  years of age to ride within the open body of a pickup truck or
  598  flatbed truck unless the minor is restrained within the open
  599  body in the back of a truck that has been modified to include
  600  secure seating and safety restraints to prevent the minor from
  601  being thrown, falling, or jumping from the truck. This paragraph
  602  does not apply in a medical emergency if the child is
  603  accompanied within the truck by an adult, upon an unpaved road,
  604  or upon a street or highway with a posted speed limit of less
  605  than 55 miles per hour which is maintained by the state, county,
  606  or municipality. A county is exempt from this paragraph if the
  607  governing body of the county, by majority vote, following a
  608  noticed public hearing, votes to exempt the county from this
  609  paragraph. An operator of a pickup truck is exempt from this
  610  paragraph if the pickup truck is the only vehicle owned by the
  611  operator of his or her immediate family.
  612         (d)(c) Any person who violates this subsection shall be
  613  cited for a nonmoving violation, punishable as provided in
  614  chapter 318.
  615         (3) This section does shall not apply to a performer
  616  engaged in a professional exhibition or person participating in
  617  an exhibition or parade, or any such person preparing to
  618  participate in such exhibitions or parades.
  619         Section 11. Paragraph (b) of subsection (1), paragraph (a)
  620  of subsection (4), and subsection (9) of section 316.302,
  621  Florida Statutes, are amended to read:
  622         316.302 Commercial motor vehicles; safety regulations;
  623  transporters and shippers of hazardous materials; enforcement.—
  624         (1)
  625         (b) Except as otherwise provided in this section, all
  626  owners or drivers of commercial motor vehicles that are engaged
  627  in intrastate commerce are subject to the rules and regulations
  628  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
  629  the exception of 49 C.F.R. s. 390.5 as it relates to the
  630  definition of bus, as such rules and regulations existed on
  631  December 31, 2012 October 1, 2011.
  632         (4)(a) Except as provided in this subsection, all
  633  commercial motor vehicles transporting any hazardous material on
  634  any road, street, or highway open to the public, whether engaged
  635  in interstate or intrastate commerce, and any person who offers
  636  hazardous materials for such transportation, are subject to the
  637  regulations contained in 49 C.F.R. part 107, subparts F and
  638  subpart G, and 49 C.F.R. parts 171, 172, 173, 177, 178, and 180.
  639  Effective July 1, 1997, the exceptions for intrastate motor
  640  carriers provided in 49 C.F.R. 173.5 and 173.8 are hereby
  641  adopted.
  642         (9)(a) This section is not applicable to the transporting
  643  of liquefied petroleum gas. The rules and regulations applicable
  644  to the transporting of liquefied petroleum gas on the highways,
  645  roads, or streets of this state shall be only those adopted by
  646  the Department of Agriculture and Consumer Services under
  647  chapter 527. However, transporters of liquefied petroleum gas
  648  must comply with the requirements of 49 C.F.R. parts 393 and
  649  396.9.
  650         (b) This section does not apply to any nonpublic sector
  651  bus.
  652         Section 12. Paragraph (b) of subsection (3) and subsection
  653  (5) of section 316.3025, Florida Statutes, are amended to read:
  654         316.3025 Penalties.—
  655         (3)
  656         (b) A civil penalty of $100 may be assessed for:
  657         1. Each violation of the North American Uniform Driver Out
  658  of-Service Criteria;
  659         2. A violation of s. 316.302(2)(b) or (c);
  660         3. A violation of 49 C.F.R. s. 392.60; or
  661         4. A violation of the North American Standard Vehicle Out
  662  of-Service Criteria resulting from an inspection of a commercial
  663  motor vehicle involved in a crash; or
  664         5. A violation of 49 C.F.R. s. 391.41.
  665         (5) Whenever any person or motor carrier as defined in
  666  chapter 320 violates the provisions of this section and becomes
  667  indebted to the state because of such violation and refuses to
  668  pay the appropriate penalty, in addition to the provisions of s.
  669  316.3026, such penalty becomes a lien upon the property
  670  including the motor vehicles of such person or motor carrier and
  671  may be seized and foreclosed by the state in a civil action in
  672  any court of this state. It shall be presumed that the owner of
  673  the motor vehicle is liable for the sum, and the vehicle may be
  674  detained or impounded until the penalty is paid.
  675         Section 13. Paragraph (a) of subsection (3) of section
  676  316.515, Florida Statutes, is amended to read
  677         316.515 Maximum width, height, length.—
  678         (3) LENGTH LIMITATION.—Except as otherwise provided in this
  679  section, length limitations apply solely to a semitrailer or
  680  trailer, and not to a truck tractor or to the overall length of
  681  a combination of vehicles. No combination of commercial motor
  682  vehicles coupled together and operating on the public roads may
  683  consist of more than one truck tractor and two trailing units.
  684  Unless otherwise specifically provided for in this section, a
  685  combination of vehicles not qualifying as commercial motor
  686  vehicles may consist of no more than two units coupled together;
  687  such nonqualifying combination of vehicles may not exceed a
  688  total length of 65 feet, inclusive of the load carried thereon,
  689  but exclusive of safety and energy conservation devices approved
  690  by the department for use on vehicles using public roads.
  691  Notwithstanding any other provision of this section, a truck
  692  tractor-semitrailer combination engaged in the transportation of
  693  automobiles or boats may transport motor vehicles or boats on
  694  part of the power unit; and, except as may otherwise be mandated
  695  under federal law, an automobile or boat transporter semitrailer
  696  may not exceed 50 feet in length, exclusive of the load;
  697  however, the load may extend up to an additional 6 feet beyond
  698  the rear of the trailer. The 50-feet length limitation does not
  699  apply to non-stinger-steered automobile or boat transporters
  700  that are 65 feet or less in overall length, exclusive of the
  701  load carried thereon, or to stinger-steered automobile or boat
  702  transporters that are 75 feet or less in overall length,
  703  exclusive of the load carried thereon. For purposes of this
  704  subsection, a “stinger-steered automobile or boat transporter”
  705  is an automobile or boat transporter configured as a semitrailer
  706  combination wherein the fifth wheel is located on a drop frame
  707  located behind and below the rearmost axle of the power unit.
  708  Notwithstanding paragraphs (a) and (b), any straight truck or
  709  truck tractor-semitrailer combination engaged in the
  710  transportation of horticultural trees may allow the load to
  711  extend up to an additional 10 feet beyond the rear of the
  712  vehicle, provided said trees are resting against a retaining bar
  713  mounted above the truck bed so that the root balls of the trees
  714  rest on the floor and to the front of the truck bed and the tops
  715  of the trees extend up over and to the rear of the truck bed,
  716  and provided the overhanging portion of the load is covered with
  717  protective fabric.
  718         (a) Straight trucks.—A straight truck may not exceed a
  719  length of 40 feet in extreme overall dimension, exclusive of
  720  safety and energy conservation devices approved by the
  721  department for use on vehicles using public roads. A straight
  722  truck may attach a forklift to the rear of the cargo bed,
  723  provided the overall combined length of the vehicle and the
  724  forklift does not exceed 50 feet. A straight truck may tow no
  725  more than one trailer, and the overall length of the truck
  726  trailer combination may not exceed 68 feet, including the load
  727  thereon. Notwithstanding any other provisions of this section, a
  728  truck-trailer combination engaged in the transportation of
  729  boats, or boat trailers whose design dictates a front-to-rear
  730  stacking method may not exceed the length limitations of this
  731  paragraph exclusive of the load; however, the load may extend up
  732  to an additional 6 feet beyond the rear of the trailer.
  733         Section 14. Subsection (3) of section 316.545, Florida
  734  Statutes, is amended to read:
  735         316.545 Weight and load unlawful; special fuel and motor
  736  fuel tax enforcement; inspection; penalty; review.—
  737         (3) Any person who violates the overloading provisions of
  738  this chapter shall be conclusively presumed to have damaged the
  739  highways of this state by reason of such overloading, which
  740  damage is hereby fixed as follows:
  741         (a) When the excess weight is 200 pounds or less than the
  742  maximum herein provided, the penalty shall be $10;
  743         (b) Five cents per pound for each pound of weight in excess
  744  of the maximum herein provided when the excess weight exceeds
  745  200 pounds. However, whenever the gross weight of the vehicle or
  746  combination of vehicles does not exceed the maximum allowable
  747  gross weight, the maximum fine for the first 600 pounds of
  748  unlawful axle weight shall be $10;
  749         (c) For a vehicle equipped with fully functional idle
  750  reduction technology, any penalty shall be calculated by
  751  reducing the actual gross vehicle weight or the internal bridge
  752  weight by the certified weight of the idle-reduction technology
  753  or by 400 pounds, whichever is less. The vehicle operator must
  754  present written certification of the weight of the idle
  755  reduction technology and must demonstrate or certify that the
  756  idle-reduction technology is fully functional at all times. This
  757  calculation is not allowed for vehicles described in s.
  758  316.535(6);
  759         (d) An apportionable apportioned motor vehicle, as defined
  760  in s. 320.01, operating on the highways of this state without
  761  being properly licensed and registered shall be subject to the
  762  penalties as herein provided in this section; and
  763         (e) Vehicles operating on the highways of this state from
  764  nonmember International Registration Plan jurisdictions which
  765  are not in compliance with the provisions of s. 316.605 shall be
  766  subject to the penalties as herein provided.
  767         Section 15. Subsection (1) of section 316.646, Florida
  768  Statutes, is amended, and subsection (5) is added to that
  769  section, to read:
  770         316.646 Security required; proof of security and display
  771  thereof; dismissal of cases.—
  772         (1) Any person required by s. 324.022 to maintain property
  773  damage liability security, required by s. 324.023 to maintain
  774  liability security for bodily injury or death, or required by s.
  775  627.733 to maintain personal injury protection security on a
  776  motor vehicle shall have in his or her immediate possession at
  777  all times while operating such motor vehicle proper proof of
  778  maintenance of the required security.
  779         (a) Such proof shall be in a uniform paper or electronic
  780  format, as proof-of-insurance card in a form prescribed by the
  781  department, a valid insurance policy, an insurance policy
  782  binder, a certificate of insurance, or such other proof as may
  783  be prescribed by the department.
  784         (b)1.The act of presenting to a law enforcement officer an
  785  electronic device displaying proof of insurance in an electronic
  786  format does not constitute consent for the officer to access any
  787  information on the device other than the displayed proof of
  788  insurance.
  789         2. The person who presents the device to the officer
  790  assumes the liability for any resulting damage to the device.
  791         (5) The department shall adopt rules to administer this
  792  section.
  793         Section 16. Section 317.0016, Florida Statutes, is amended
  794  to read:
  795         317.0016 Expedited service; applications; fees.—The
  796  department shall provide, through its agents and for use by the
  797  public, expedited service on title transfers, title issuances,
  798  duplicate titles, and recordation of liens, and certificates of
  799  repossession. A fee of $7 shall be charged for this service,
  800  which is in addition to the fees imposed by ss. 317.0007 and
  801  317.0008, and $3.50 of this fee shall be retained by the
  802  processing agency. All remaining fees shall be deposited in the
  803  Incidental Trust Fund of the Florida Forest Service of the
  804  Department of Agriculture and Consumer Services. Application for
  805  expedited service may be made by mail or in person. The
  806  department shall issue each title applied for pursuant to this
  807  section within 5 working days after receipt of the application
  808  except for an application for a duplicate title certificate
  809  covered by s. 317.0008(3), in which case the title must be
  810  issued within 5 working days after compliance with the
  811  department’s verification requirements.
  812         Section 17. Subsections (9) and (10) of section 318.14,
  813  Florida Statutes, are amended to read:
  814         318.14 Noncriminal traffic infractions; exception;
  815  procedures.—
  816         (9) Any person who does not hold a commercial driver
  817  license or commercial learner’s permit and who is cited while
  818  driving a noncommercial motor vehicle for an infraction under
  819  this section other than a violation of s. 316.183(2), s.
  820  316.187, or s. 316.189 when the driver exceeds the posted limit
  821  by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
  822  (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
  823  lieu of a court appearance, elect to attend in the location of
  824  his or her choice within this state a basic driver improvement
  825  course approved by the Department of Highway Safety and Motor
  826  Vehicles. In such a case, adjudication must be withheld and
  827  points, as provided by s. 322.27, may not be assessed. However,
  828  a person may not make an election under this subsection if the
  829  person has made an election under this subsection in the
  830  preceding 12 months. A person may not make more than five
  831  elections within his or her lifetime under this subsection. The
  832  requirement for community service under s. 318.18(8) is not
  833  waived by a plea of nolo contendere or by the withholding of
  834  adjudication of guilt by a court. If a person makes an election
  835  to attend a basic driver improvement course under this
  836  subsection, 18 percent of the civil penalty imposed under s.
  837  318.18(3) shall be deposited in the State Courts Revenue Trust
  838  Fund; however, that portion is not revenue for purposes of s.
  839  28.36 and may not be used in establishing the budget of the
  840  clerk of the court under that section or s. 28.35.
  841         (10)(a) Any person who does not hold a commercial driver
  842  license or commercial learner’s permit and who is cited while
  843  driving a noncommercial motor vehicle for an offense listed
  844  under this subsection may, in lieu of payment of fine or court
  845  appearance, elect to enter a plea of nolo contendere and provide
  846  proof of compliance to the clerk of the court, designated
  847  official, or authorized operator of a traffic violations bureau.
  848  In such case, adjudication shall be withheld; however, a person
  849  may not make an election under this subsection if the person has
  850  made an election under this subsection in the preceding 12
  851  months. A person may not make more than three elections under
  852  this subsection. This subsection applies to the following
  853  offenses:
  854         1. Operating a motor vehicle without a valid driver license
  855  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
  856  operating a motor vehicle with a license that has been suspended
  857  for failure to appear, failure to pay civil penalty, or failure
  858  to attend a driver improvement course pursuant to s. 322.291.
  859         2. Operating a motor vehicle without a valid registration
  860  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  861         3. Operating a motor vehicle in violation of s. 316.646.
  862         4. Operating a motor vehicle with a license that has been
  863  suspended under s. 61.13016 or s. 322.245 for failure to pay
  864  child support or for failure to pay any other financial
  865  obligation as provided in s. 322.245; however, this subparagraph
  866  does not apply if the license has been suspended pursuant to s.
  867  322.245(1).
  868         5. Operating a motor vehicle with a license that has been
  869  suspended under s. 322.091 for failure to meet school attendance
  870  requirements.
  871         (b) Any person cited for an offense listed in this
  872  subsection shall present proof of compliance before the
  873  scheduled court appearance date. For the purposes of this
  874  subsection, proof of compliance shall consist of a valid,
  875  renewed, or reinstated driver license or registration
  876  certificate and proper proof of maintenance of security as
  877  required by s. 316.646. Notwithstanding waiver of fine, any
  878  person establishing proof of compliance shall be assessed court
  879  costs of $25, except that a person charged with violation of s.
  880  316.646(1)-(3) may be assessed court costs of $8. One dollar of
  881  such costs shall be remitted to the Department of Revenue for
  882  deposit into the Child Welfare Training Trust Fund of the
  883  Department of Children and Family Services. One dollar of such
  884  costs shall be distributed to the Department of Juvenile Justice
  885  for deposit into the Juvenile Justice Training Trust Fund.
  886  Fourteen dollars of such costs shall be distributed to the
  887  municipality and $9 shall be deposited by the clerk of the court
  888  into the fine and forfeiture fund established pursuant to s.
  889  142.01, if the offense was committed within the municipality. If
  890  the offense was committed in an unincorporated area of a county
  891  or if the citation was for a violation of s. 316.646(1)-(3), the
  892  entire amount shall be deposited by the clerk of the court into
  893  the fine and forfeiture fund established pursuant to s. 142.01,
  894  except for the moneys to be deposited into the Child Welfare
  895  Training Trust Fund and the Juvenile Justice Training Trust
  896  Fund. This subsection does not authorize the operation of a
  897  vehicle without a valid driver license, without a valid vehicle
  898  tag and registration, or without the maintenance of required
  899  security.
  900         Section 18. Section 318.1451, Florida Statutes, is amended
  901  to read:
  902         318.1451 Driver improvement schools.—
  903         (1)(a) The department of Highway Safety and Motor Vehicles
  904  shall approve and regulate the courses of all driver improvement
  905  schools, as the courses relate to ss. 318.14(9), 322.0261, and
  906  322.291, including courses that use technology as a delivery
  907  method. The chief judge of the applicable judicial circuit may
  908  establish requirements regarding the location of schools within
  909  the judicial circuit. A person may engage in the business of
  910  operating a driver improvement school that offers department
  911  approved courses related to ss. 318.14(9), 322.0261, and
  912  322.291.
  913         (b) The Department of Highway Safety and Motor Vehicles
  914  shall approve and regulate courses that use technology as the
  915  delivery method of all driver improvement schools as the courses
  916  relate to ss. 318.14(9) and 322.0261.
  917         (2)(a) In determining whether to approve the courses
  918  referenced in this section, the department shall consider course
  919  content designed to promote safety, driver awareness, crash
  920  avoidance techniques, and other factors or criteria to improve
  921  driver performance from a safety viewpoint, including promoting
  922  motorcyclist, bicyclist, and pedestrian safety and risk factors
  923  resulting from driver attitude and irresponsible driver
  924  behaviors, such as speeding, running red lights and stop signs,
  925  and using electronic devices while driving. Initial approval of
  926  the courses shall also be based on the department’s review of
  927  all course materials, course presentation to the department by
  928  the provider, and the provider’s plan for effective oversight of
  929  the course by those who deliver the course in the state. New
  930  courses shall be provisionally approved and limited to the
  931  judicial circuit originally approved for pilot testing until the
  932  course is fully approved by the department for statewide
  933  delivery.
  934         (b) In determining whether to approve courses of driver
  935  improvement schools that use technology as the delivery method
  936  as the courses relate to ss. 318.14(9) and 322.0261, the
  937  department shall consider only those courses submitted by a
  938  person, business, or entity which have approval for statewide
  939  delivery.
  940         (3) The department of Highway Safety and Motor Vehicles
  941  shall not accept suspend accepting proof of attendance of
  942  courses from persons who attend those schools that do not teach
  943  an approved course. In those circumstances, a person who has
  944  elected to take courses from such a school shall receive a
  945  refund from the school, and the person shall have the
  946  opportunity to take the course at another school.
  947         (4) In addition to a regular course fee, an assessment fee
  948  in the amount of $2.50 shall be collected by the school from
  949  each person who elects to attend a course, as it relates to ss.
  950  318.14(9), 322.0261, 322.291, and 627.06501. The course provider
  951  must remit the $2.50 assessment fee to the department for
  952  deposit into, which shall be remitted to the Department of
  953  Highway Safety and Motor Vehicles and deposited in the Highway
  954  Safety Operating Trust Fund in order to receive unique course
  955  completion certificate numbers for course participants. The
  956  assessment fee will be used to administer this program and to
  957  fund the general operations of the department.
  958         (5)(a) The department is authorized to maintain the
  959  information and records necessary to administer its duties and
  960  responsibilities for driver improvement courses. Course
  961  providers are required to maintain all records related to the
  962  conduct of their approved courses for 5 years and allow the
  963  department to inspect course records as necessary. Records may
  964  be maintained in an electronic format. If Where such information
  965  is a public record as defined in chapter 119, it shall be made
  966  available to the public upon request pursuant to s. 119.07(1).
  967         (b) The department or court may prepare a traffic school
  968  reference guide which lists the benefits of attending a driver
  969  improvement school and contains the names of the fully approved
  970  course providers with a single telephone number for each
  971  provider as furnished by the provider.
  972         (6) The department shall adopt rules establishing and
  973  maintaining policies and procedures to implement the
  974  requirements of this section. These policies and procedures may
  975  include, but shall not be limited to, the following:
  976         (a) Effectiveness studies.—The department shall conduct
  977  effectiveness studies on each type of driver improvement course
  978  pertaining to ss. 318.14(9), 322.0261, and 322.291 on a
  979  recurring 5-year basis, including in the study process the
  980  consequence of failed studies.
  981         (b) Required updates.—The department may require that
  982  courses approved under this section be updated at the
  983  department’s request. Failure of a course provider to update the
  984  course under this section shall result in the suspension of the
  985  course approval until the course is updated and approved by the
  986  department.
  987         (c) Course conduct.—The department shall require that the
  988  approved course providers ensure their driver improvement
  989  schools are conducting the approved course fully and to the
  990  required time limit and content requirements.
  991         (d) Course content.—The department shall set and modify
  992  course content requirements to keep current with laws and safety
  993  information. Course content includes all items used in the
  994  conduct of the course.
  995         (e) Course duration.—The department shall set the duration
  996  of all course types.
  997         (f) Submission of records.—The department shall require
  998  that all course providers submit course completion information
  999  to the department through the department’s Driver Improvement
 1000  Certificate Issuance System within 5 days.
 1001         (g) Sanctions.—The department shall develop the criteria to
 1002  sanction the course approval of a course provider for any
 1003  violation of this section or any other law that pertains to the
 1004  approval and use of driver improvement courses.
 1005         (h) Miscellaneous requirements.—The department shall
 1006  require that all course providers:
 1007         1. Disclose all fees associated with courses offered by the
 1008  provider and associated driver improvement schools and not
 1009  charge any fees that are not disclosed during registration.
 1010         2. Provide proof of ownership, copyright, or written
 1011  permission from the course owner to use the course in this
 1012  state.
 1013         3. Ensure that any course that is offered in a classroom
 1014  setting, by the provider or a school authorized by the provider
 1015  to teach the course, is offered the course at locations that are
 1016  free from distractions and reasonably accessible to most
 1017  applicants.
 1018         4. Issue a certificate to persons who successfully complete
 1019  the course.
 1020         Section 19. Section 319.141, Florida Statutes, is created
 1021  to read:
 1022         319.141Pilot rebuilt motor vehicle inspection program.—
 1023         (1) As used in this section, the term:
 1024         (a) “Facility” means a rebuilt motor vehicle inspection
 1025  facility authorized and operating under this section.
 1026         (b) “Rebuilt inspection” means an examination of a rebuilt
 1027  vehicle and a properly endorsed certificate of title, salvage
 1028  certificate of title, or manufacturer’s statement of origin and
 1029  an application for a rebuilt certificate of title, a rebuilder’s
 1030  affidavit, a photograph of the junk or salvage vehicle taken
 1031  before repairs began, receipts or invoices for all major
 1032  component parts, as defined in s. 319.30, which were changed,
 1033  and proof that notice of rebuilding of the vehicle has been
 1034  reported to the National Motor Vehicle Title Information System.
 1035         (2) By October 1, 2013, the department shall implement a
 1036  pilot program in Miami-Dade and Hillsborough Counties to
 1037  evaluate alternatives for rebuilt inspection services to be
 1038  offered by the private sector, including the feasibility of
 1039  using private facilities, the cost impact to consumers, and the
 1040  potential savings to the department.
 1041         (3) The department shall establish a memorandum of
 1042  understanding that allows private parties participating in the
 1043  pilot program to conduct rebuilt motor vehicle inspections and
 1044  specifies requirements for oversight, bonding and insurance,
 1045  procedures, and forms and requires the electronic transmission
 1046  of documents.
 1047         (4) Before an applicant is approved, the department shall
 1048  ensure that the applicant meets basic criteria designed to
 1049  protect the public. At a minimum, the applicant shall:
 1050         (a) Have and maintain a surety bond or irrevocable letter
 1051  of credit in the amount of $50,000 executed by the applicant.
 1052         (b) Have and maintain garage liability and other insurance
 1053  required by the department.
 1054         (c) Have completed criminal background checks of the
 1055  owners, partners, and corporate officers and the inspectors
 1056  employed by the facility.
 1057         (d) Meet any additional criteria the department determines
 1058  necessary to conduct proper inspections.
 1059         (5) A participant in the program shall access vehicle and
 1060  title information and enter inspection results through an
 1061  electronic filing system authorized by the department.
 1062         (6)The department shall submit a report to the President
 1063  of the Senate and the Speaker of the House of Representatives
 1064  providing the results of the pilot program by February 1, 2015.
 1065         (7)This section shall stand repealed on July 1, 2015,
 1066  unless saved from repeal through reenactment by the Legislature.
 1067         Section 20. Section 319.225, Florida Statutes, is amended
 1068  to read:
 1069         319.225 Transfer and reassignment forms; odometer
 1070  disclosure statements.—
 1071         (1) Every certificate of title issued by the department
 1072  must contain the following statement on its reverse side:
 1073  “Federal and state law require the completion of the odometer
 1074  statement set out below. Failure to complete or providing false
 1075  information may result in fines, imprisonment, or both.”
 1076         (2) Each certificate of title issued by the department must
 1077  contain on its front reverse side a form for transfer of title
 1078  by the titleholder of record, which form must contain an
 1079  odometer disclosure statement in the form required by 49 C.F.R.
 1080  s. 580.5.
 1081         (3) Each certificate of title issued by the department must
 1082  contain on its reverse side as many forms as space allows for
 1083  reassignment of title by a licensed dealer as permitted by s.
 1084  319.21(3), which form or forms shall contain an odometer
 1085  disclosure statement in the form required by 49 C.F.R. s. 580.5.
 1086  When all dealer reassignment forms provided on the back of the
 1087  title certificate have been filled in, a dealer may reassign the
 1088  title certificate by using a separate dealer reassignment form
 1089  issued by the department in compliance with 49 C.F.R. ss. 580.4
 1090  and 580.5, which form shall contain an original that two carbon
 1091  copies one of which shall be submitted directly to the
 1092  department by the dealer within 5 business days after the
 1093  transfer and a copy that one of which shall be retained by the
 1094  dealer in his or her records for 5 years. The provisions of this
 1095  subsection shall also apply to vehicles not previously titled in
 1096  this state and vehicles whose title certificates do not contain
 1097  the forms required by this section.
 1098         (4) Upon transfer or reassignment of a certificate of title
 1099  to a used motor vehicle, the transferor shall complete the
 1100  odometer disclosure statement provided for by this section and
 1101  the transferee shall acknowledge the disclosure by signing and
 1102  printing his or her name in the spaces provided. This subsection
 1103  does not apply to a vehicle that has a gross vehicle rating of
 1104  more than 16,000 pounds, a vehicle that is not self-propelled,
 1105  or a vehicle that is 10 years old or older. A lessor who
 1106  transfers title to his or her vehicle without obtaining
 1107  possession of the vehicle shall make odometer disclosure as
 1108  provided by 49 C.F.R. s. 580.7. Any person who fails to complete
 1109  or acknowledge a disclosure statement as required by this
 1110  subsection is guilty of a misdemeanor of the second degree,
 1111  punishable as provided in s. 775.082 or s. 775.083. The
 1112  department may not issue a certificate of title unless this
 1113  subsection has been complied with.
 1114         (5) The same person may not sign a disclosure statement as
 1115  both the transferor and the transferee in the same transaction
 1116  except as provided in subsection (6).
 1117         (6)(a) If the certificate of title is physically held by a
 1118  lienholder, the transferor may give a power of attorney to his
 1119  or her transferee for the purpose of odometer disclosure. The
 1120  power of attorney must be on a form issued or authorized by the
 1121  department, which form must be in compliance with 49 C.F.R. ss.
 1122  580.4 and 580.13. The department shall not require the signature
 1123  of the transferor to be notarized on the form; however, in lieu
 1124  of notarization, the form shall include an affidavit with the
 1125  following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
 1126  HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
 1127  ARE TRUE. The transferee shall sign the power of attorney form,
 1128  print his or her name, and return a copy of the power of
 1129  attorney form to the transferor. Upon receipt of a title
 1130  certificate, the transferee shall complete the space for mileage
 1131  disclosure on the title certificate exactly as the mileage was
 1132  disclosed by the transferor on the power of attorney form. If
 1133  the transferee is a licensed motor vehicle dealer who is
 1134  transferring the vehicle to a retail purchaser, the dealer shall
 1135  make application on behalf of the retail purchaser as provided
 1136  in s. 319.23(6) and shall submit the original power of attorney
 1137  form to the department with the application for title and the
 1138  transferor’s title certificate; otherwise, a dealer may reassign
 1139  the title certificate by using the dealer reassignment form in
 1140  the manner prescribed in subsection (3), and, at the time of
 1141  physical transfer of the vehicle, the original power of attorney
 1142  shall be delivered to the person designated as the transferee of
 1143  the dealer on the dealer reassignment form. A copy of the
 1144  executed power of attorney shall be submitted to the department
 1145  with a copy of the executed dealer reassignment form within 5
 1146  business days after the certificate of title and dealer
 1147  reassignment form are delivered by the dealer to its transferee.
 1148         (b) If the certificate of title is lost or otherwise
 1149  unavailable, the transferor may give a power of attorney to his
 1150  or her transferee for the purpose of odometer disclosure. The
 1151  power of attorney must be on a form issued or authorized by the
 1152  department, which form must be in compliance with 49 C.F.R. ss.
 1153  580.4 and 580.13. The department shall not require the signature
 1154  of the transferor to be notarized on the form; however, in lieu
 1155  of notarization, the form shall include an affidavit with the
 1156  following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
 1157  HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
 1158  ARE TRUE. The transferee shall sign the power of attorney form,
 1159  print his or her name, and return a copy of the power of
 1160  attorney form to the transferor. Upon receipt of the title
 1161  certificate or a duplicate title certificate, the transferee
 1162  shall complete the space for mileage disclosure on the title
 1163  certificate exactly as the mileage was disclosed by the
 1164  transferor on the power of attorney form. If the transferee is a
 1165  licensed motor vehicle dealer who is transferring the vehicle to
 1166  a retail purchaser, the dealer shall make application on behalf
 1167  of the retail purchaser as provided in s. 319.23(6) and shall
 1168  submit the original power of attorney form to the department
 1169  with the application for title and the transferor’s title
 1170  certificate or duplicate title certificate; otherwise, a dealer
 1171  may reassign the title certificate by using the dealer
 1172  reassignment form in the manner prescribed in subsection (3),
 1173  and, at the time of physical transfer of the vehicle, the
 1174  original power of attorney shall be delivered to the person
 1175  designated as the transferee of the dealer on the dealer
 1176  reassignment form. If the dealer sells the vehicle to an out-of
 1177  state resident or an out-of-state dealer and the power of
 1178  attorney form is applicable to the transaction, the dealer must
 1179  photocopy the completed original of the form and mail it
 1180  directly to the department within 5 business days after the
 1181  certificate of title and dealer reassignment form are delivered
 1182  by the dealer to its purchaser. A copy of the executed power of
 1183  attorney shall be submitted to the department with a copy of the
 1184  executed dealer reassignment form within 5 business days after
 1185  the duplicate certificate of title and dealer reassignment form
 1186  are delivered by the dealer to its transferee.
 1187         (c) If the mechanics of the transfer of title to a motor
 1188  vehicle in accordance with the provisions of paragraph (a) or
 1189  paragraph (b) are determined to be incompatible with and
 1190  unlawful under the provisions of 49 C.F.R. part 580, the
 1191  transfer of title to a motor vehicle by operation of this
 1192  subsection can be effected in any manner not inconsistent with
 1193  49 C.F.R. part 580 and Florida law; provided, any power of
 1194  attorney form issued or authorized by the department under this
 1195  subsection shall contain an original that two carbon copies, one
 1196  of which shall be submitted directly to the department by the
 1197  dealer within 5 business days of use by the dealer to effect
 1198  transfer of a title certificate as provided in paragraphs (a)
 1199  and (b) and a copy that one of which shall be retained by the
 1200  dealer in its records for 5 years.
 1201         (d) Any person who fails to complete the information
 1202  required by this subsection or to file with the department the
 1203  forms required by this subsection is guilty of a misdemeanor of
 1204  the second degree, punishable as provided in s. 775.082 or s.
 1205  775.083. The department shall not issue a certificate of title
 1206  unless this subsection has been complied with.
 1207         (7) If a title is held electronically and the transferee
 1208  agrees to maintain the title electronically, the transferor and
 1209  transferee shall complete a secure reassignment document that
 1210  discloses the odometer reading and is signed by both the
 1211  transferor and transferee at the tax collector office or license
 1212  plate agency. Each certificate of title issued by the department
 1213  must contain on its reverse side a minimum of three four spaces
 1214  for notation of the name and license number of any auction
 1215  through which the vehicle is sold and the date the vehicle was
 1216  auctioned. Each separate dealer reassignment form issued by the
 1217  department must also have the space referred to in this section.
 1218  When a transfer of title is made at a motor vehicle auction, the
 1219  reassignment must note the name and address of the auction, but
 1220  the auction shall not thereby be deemed to be the owner, seller,
 1221  transferor, or assignor of title. A motor vehicle auction is
 1222  required to execute a dealer reassignment only when it is the
 1223  owner of a vehicle being sold.
 1224         (8) Upon transfer or reassignment of a used motor vehicle
 1225  through the services of an auction, the auction shall complete
 1226  the information in the space provided for by subsection (7). Any
 1227  person who fails to complete the information as required by this
 1228  subsection is guilty of a misdemeanor of the second degree,
 1229  punishable as provided in s. 775.082 or s. 775.083. The
 1230  department shall not issue a certificate of title unless this
 1231  subsection has been complied with.
 1232         (9) This section shall be construed to conform to 49 C.F.R.
 1233  part 580.
 1234         Section 21. Subsection (9) of section 319.23, Florida
 1235  Statutes, is amended to read:
 1236         319.23 Application for, and issuance of, certificate of
 1237  title.—
 1238         (9) The title certificate or application for title must
 1239  contain the applicant’s full first name, middle initial, last
 1240  name, date of birth, sex, and the license plate number. An
 1241  individual applicant must provide personal or business
 1242  identification, which may include, but need not be limited to, a
 1243  valid driver driver’s license or identification card issued by
 1244  number, Florida or another state, or a valid passport. A
 1245  business applicant must provide a identification card number, or
 1246  federal employer identification number, if applicable,
 1247  verification that the business is authorized to conduct business
 1248  in the state, or a Florida city or county business license or
 1249  number. In lieu of and the license plate number the individual
 1250  or business applicant must provide or, in lieu thereof, an
 1251  affidavit certifying that the motor vehicle to be titled will
 1252  not be operated upon the public highways of this state.
 1253         Section 22. Paragraph (b) of subsection (2) of section
 1254  319.28, Florida Statutes, is amended to read:
 1255         319.28 Transfer of ownership by operation of law.—
 1256         (2)
 1257         (b) In case of repossession of a motor vehicle or mobile
 1258  home pursuant to the terms of a security agreement or similar
 1259  instrument, an affidavit by the party to whom possession has
 1260  passed stating that the vehicle or mobile home was repossessed
 1261  upon default in the terms of the security agreement or other
 1262  instrument shall be considered satisfactory proof of ownership
 1263  and right of possession. At least 5 days prior to selling the
 1264  repossessed vehicle, any subsequent lienholder named in the last
 1265  issued certificate of title shall be sent notice of the
 1266  repossession by certified mail, on a form prescribed by the
 1267  department. If such notice is given and no written protest to
 1268  the department is presented by a subsequent lienholder within 15
 1269  days after from the date on which the notice was mailed, the
 1270  certificate of title or the certificate of repossession shall be
 1271  issued showing no liens. If the former owner or any subsequent
 1272  lienholder files a written protest under oath within such 15-day
 1273  period, the department shall not issue the certificate of title
 1274  or certificate of repossession for 10 days thereafter. If within
 1275  the 10-day period no injunction or other order of a court of
 1276  competent jurisdiction has been served on the department
 1277  commanding it not to deliver the certificate of title or
 1278  certificate of repossession, the department shall deliver the
 1279  certificate of title or repossession to the applicant or as may
 1280  otherwise be directed in the application showing no other liens
 1281  than those shown in the application. Any lienholder who has
 1282  repossessed a vehicle in this state in compliance with the
 1283  provisions of this section must apply to a tax collector’s
 1284  office in this state or to the department for a certificate of
 1285  repossession or to the department for a certificate of title
 1286  pursuant to s. 319.323. Proof of the required notice to
 1287  subsequent lienholders shall be submitted together with regular
 1288  title fees. A lienholder to whom a certificate of repossession
 1289  has been issued may assign the certificate of title to the
 1290  subsequent owner. Any person found guilty of violating any
 1291  requirements of this paragraph shall be guilty of a felony of
 1292  the third degree, punishable as provided in s. 775.082, s.
 1293  775.083, or s. 775.084.
 1294         Section 23. Section 319.323, Florida Statutes, is amended
 1295  to read:
 1296         319.323 Expedited service; applications; fees.—The
 1297  department shall establish a separate title office which may be
 1298  used by private citizens and licensed motor vehicle dealers to
 1299  receive expedited service on title transfers, title issuances,
 1300  duplicate titles, and recordation of liens, and certificates of
 1301  repossession. A fee of $10 shall be charged for this service,
 1302  which fee is in addition to the fees imposed by s. 319.32. The
 1303  fee, after deducting the amount referenced by s. 319.324 and
 1304  $3.50 to be retained by the processing agency, shall be
 1305  deposited into the General Revenue Fund. Application for
 1306  expedited service may be made by mail or in person. The
 1307  department shall issue each title applied for under this section
 1308  within 5 working days after receipt of the application except
 1309  for an application for a duplicate title certificate covered by
 1310  s. 319.23(4), in which case the title must be issued within 5
 1311  working days after compliance with the department’s verification
 1312  requirements.
 1313         Section 24. Subsections (24) through (46) of section
 1314  320.01, Florida Statutes, are renumbered as subsections (23)
 1315  through (45), respectively, and present subsections (23) and
 1316  (25) of that section are amended, to read:
 1317         320.01 Definitions, general.—As used in the Florida
 1318  Statutes, except as otherwise provided, the term:
 1319         (23) “Apportioned motor vehicle” means any motor vehicle
 1320  which is required to be registered, or with respect to which an
 1321  election has been made to register it, under the International
 1322  Registration Plan.
 1323         (24)(25) “Apportionable vehicle” means any vehicle, except
 1324  recreational vehicles, vehicles displaying restricted plates,
 1325  city pickup and delivery vehicles, buses used in transportation
 1326  of chartered parties, and government-owned vehicles, which is
 1327  used or intended for use in two or more member jurisdictions
 1328  that allocate or proportionally register vehicles and which is
 1329  used for the transportation of persons for hire or is designed,
 1330  used, or maintained primarily for the transportation of property
 1331  and:
 1332         (a) Is a power unit having a gross vehicle weight in excess
 1333  of 26,000 26,001 pounds;
 1334         (b) Is a power unit having three or more axles, regardless
 1335  of weight; or
 1336         (c) Is used in combination, when the weight of such
 1337  combination exceeds 26,000 26,001 pounds gross vehicle weight.
 1338  
 1339  Vehicles, or combinations thereof, having a gross vehicle weight
 1340  of 26,000 26,001 pounds or less and two-axle vehicles may be
 1341  proportionally registered.
 1342         Section 25. Paragraph (a) of subsection (2) of section
 1343  320.02, Florida Statutes, is amended to read:
 1344         320.02 Registration required; application for registration;
 1345  forms.—
 1346         (2)(a) The application for registration shall include the
 1347  street address of the owner’s permanent residence or the address
 1348  of his or her permanent place of business and shall be
 1349  accompanied by personal or business identification information.
 1350  An individual applicant must provide which may include, but need
 1351  not be limited to, a valid driver license or number, Florida
 1352  identification card issued by this state or another state or a
 1353  valid passport. A business applicant must provide a number, or
 1354  federal employer identification number, if applicable, or
 1355  verification that the business is authorized to conduct business
 1356  in the state, or a Florida city or county business license or
 1357  number.
 1358         1. If the owner does not have a permanent residence or
 1359  permanent place of business or if the owner’s permanent
 1360  residence or permanent place of business cannot be identified by
 1361  a street address, the application shall include:
 1362         a.1. If the vehicle is registered to a business, the name
 1363  and street address of the permanent residence of an owner of the
 1364  business, an officer of the corporation, or an employee who is
 1365  in a supervisory position.
 1366         b.2. If the vehicle is registered to an individual, the
 1367  name and street address of the permanent residence of a close
 1368  relative or friend who is a resident of this state.
 1369         2. If the vehicle is registered to an active duty member of
 1370  the Armed Forces of the United States who is a Florida resident,
 1371  the active duty member is exempt from the requirement to provide
 1372  the street address of a permanent residence.
 1373         Section 26. Subsection (7) of section 320.03, Florida
 1374  Statutes, is amended to read:
 1375         320.03 Registration; duties of tax collectors;
 1376  International Registration Plan.—
 1377         (7) The Department of Highway Safety and Motor Vehicles
 1378  shall register apportionable apportioned motor vehicles under
 1379  the provisions of the International Registration Plan. The
 1380  department may adopt rules to implement and enforce the
 1381  provisions of the plan.
 1382         Section 27. Paragraph (b) of subsection (1) of section
 1383  320.071, Florida Statutes, is amended to read:
 1384         320.071 Advance registration renewal; procedures.—
 1385         (1)
 1386         (b) The owner of any apportionable apportioned motor
 1387  vehicle currently registered in this state under the
 1388  International Registration Plan may file an application for
 1389  renewal of registration with the department any time during the
 1390  3 months preceding the date of expiration of the registration
 1391  period.
 1392         Section 28. Subsections (1) and (3) of section 320.0715,
 1393  Florida Statutes, are amended to read:
 1394         320.0715 International Registration Plan; motor carrier
 1395  services; permits; retention of records.—
 1396         (1) All apportionable commercial motor vehicles domiciled
 1397  in this state and engaged in interstate commerce shall be
 1398  registered in accordance with the provisions of the
 1399  International Registration Plan and shall display apportioned
 1400  license plates.
 1401         (3)(a) If the department is unable to immediately issue the
 1402  apportioned license plate to an applicant currently registered
 1403  in this state under the International Registration Plan or to a
 1404  vehicle currently titled in this state, the department or its
 1405  designated agent may is authorized to issue a 60-day temporary
 1406  operational permit. The department or agent of the department
 1407  shall charge a $3 fee and the service charge authorized by s.
 1408  320.04 for each temporary operational permit it issues.
 1409         (b) The department may not shall in no event issue a
 1410  temporary operational permit for any apportionable commercial
 1411  motor vehicle to any applicant until the applicant has shown
 1412  that:
 1413         1. All sales or use taxes due on the registration of the
 1414  vehicle are paid; and
 1415         2. Insurance requirements have been met in accordance with
 1416  ss. 320.02(5) and 627.7415.
 1417         (c) Issuance of a temporary operational permit provides
 1418  commercial motor vehicle registration privileges in each
 1419  International Registration Plan member jurisdiction designated
 1420  on said permit and therefore requires payment of all applicable
 1421  registration fees and taxes due for that period of registration.
 1422         (d) Application for permanent registration must be made to
 1423  the department within 10 days from issuance of a temporary
 1424  operational permit. Failure to file an application within this
 1425  10-day period may result in cancellation of the temporary
 1426  operational permit.
 1427         Section 29. Subsection (1) of section 320.18, Florida
 1428  Statutes, is amended to read:
 1429         320.18 Withholding registration.—
 1430         (1) The department may withhold the registration of any
 1431  motor vehicle or mobile home the owner or coowner of which has
 1432  failed to register it under the provisions of law for any
 1433  previous period or periods for which it appears registration
 1434  should have been made in this state, until the tax for such
 1435  period or periods is paid. The department may cancel any vehicle
 1436  or vessel registration, driver driver’s license, identification
 1437  card, or fuel-use tax decal if the owner or coowner pays for any
 1438  the vehicle or vessel registration, driver driver’s license,
 1439  identification card, or fuel-use tax decal; pays any
 1440  administrative, delinquency, or reinstatement fee; or pays any
 1441  tax liability, penalty, or interest specified in chapter 207 by
 1442  a dishonored check, or if the vehicle owner or motor carrier has
 1443  failed to pay a penalty for a weight or safety violation issued
 1444  by the Department of Transportation or the Department of Highway
 1445  Safety and Motor Vehicles. The Department of Transportation and
 1446  the Department of Highway Safety and Motor Vehicles may impound
 1447  any commercial motor vehicle that has a canceled license plate
 1448  or fuel-use tax decal until the tax liability, penalty, and
 1449  interest specified in chapter 207, the license tax, or the fuel
 1450  use decal fee, and applicable administrative fees have been paid
 1451  for by certified funds.
 1452         Section 30. Subsection (3), paragraph (a) of subsection
 1453  (4), and subsection (5) of section 320.27, Florida Statutes, are
 1454  amended to read:
 1455         320.27 Motor vehicle dealers.—
 1456         (3) APPLICATION AND FEE.—The application for the license
 1457  shall be in such form as may be prescribed by the department and
 1458  shall be subject to such rules with respect thereto as may be so
 1459  prescribed by it. Such application shall be verified by oath or
 1460  affirmation and shall contain a full statement of the name and
 1461  birth date of the person or persons applying therefor; the name
 1462  of the firm or copartnership, with the names and places of
 1463  residence of all members thereof, if such applicant is a firm or
 1464  copartnership; the names and places of residence of the
 1465  principal officers, if the applicant is a body corporate or
 1466  other artificial body; the name of the state under whose laws
 1467  the corporation is organized; the present and former place or
 1468  places of residence of the applicant; and prior business in
 1469  which the applicant has been engaged and the location thereof.
 1470  Such application shall describe the exact location of the place
 1471  of business and shall state whether the place of business is
 1472  owned by the applicant and when acquired, or, if leased, a true
 1473  copy of the lease shall be attached to the application. The
 1474  applicant shall certify that the location provides an adequately
 1475  equipped office and is not a residence; that the location
 1476  affords sufficient unoccupied space upon and within which
 1477  adequately to store all motor vehicles offered and displayed for
 1478  sale; and that the location is a suitable place where the
 1479  applicant can in good faith carry on such business and keep and
 1480  maintain books, records, and files necessary to conduct such
 1481  business, which shall be available at all reasonable hours to
 1482  inspection by the department or any of its inspectors or other
 1483  employees. The applicant shall certify that the business of a
 1484  motor vehicle dealer is the principal business which shall be
 1485  conducted at that location. The application shall contain a
 1486  statement that the applicant is either franchised by a
 1487  manufacturer of motor vehicles, in which case the name of each
 1488  motor vehicle that the applicant is franchised to sell shall be
 1489  included, or an independent (nonfranchised) motor vehicle
 1490  dealer. The application shall contain other relevant information
 1491  as may be required by the department, including evidence that
 1492  the applicant is insured under a garage liability insurance
 1493  policy or a general liability insurance policy coupled with a
 1494  business automobile policy, which shall include, at a minimum,
 1495  $25,000 combined single-limit liability coverage including
 1496  bodily injury and property damage protection and $10,000
 1497  personal injury protection. However, a salvage motor vehicle
 1498  dealer as defined in subparagraph (1)(c)5. is exempt from the
 1499  requirements for garage liability insurance and personal injury
 1500  protection insurance on those vehicles that cannot be legally
 1501  operated on roads, highways, or streets in this state. Franchise
 1502  dealers must submit a garage liability insurance policy, and all
 1503  other dealers must submit a garage liability insurance policy or
 1504  a general liability insurance policy coupled with a business
 1505  automobile policy. Such policy shall be for the license period,
 1506  and evidence of a new or continued policy shall be delivered to
 1507  the department at the beginning of each license period. Upon
 1508  making initial application, the applicant shall pay to the
 1509  department a fee of $300 in addition to any other fees now
 1510  required by law. Applicants may choose to extend the licensure
 1511  period for 1 additional year for a total of 2 years. An initial
 1512  applicant shall pay to the department a fee of $300 for the
 1513  first year and $75 for the second year, in addition to any other
 1514  fees required by law. An applicant for renewal shall pay to the
 1515  department $75 for a 1-year renewal or $150 for a 2-year
 1516  renewal, in addition to any other fees required by law Upon
 1517  making a subsequent renewal application, the applicant shall pay
 1518  to the department a fee of $75 in addition to any other fees now
 1519  required by law. Upon making an application for a change of
 1520  location, the person shall pay a fee of $50 in addition to any
 1521  other fees now required by law. The department shall, in the
 1522  case of every application for initial licensure, verify whether
 1523  certain facts set forth in the application are true. Each
 1524  applicant, general partner in the case of a partnership, or
 1525  corporate officer and director in the case of a corporate
 1526  applicant, must file a set of fingerprints with the department
 1527  for the purpose of determining any prior criminal record or any
 1528  outstanding warrants. The department shall submit the
 1529  fingerprints to the Department of Law Enforcement for state
 1530  processing and forwarding to the Federal Bureau of Investigation
 1531  for federal processing. The actual cost of state and federal
 1532  processing shall be borne by the applicant and is in addition to
 1533  the fee for licensure. The department may issue a license to an
 1534  applicant pending the results of the fingerprint investigation,
 1535  which license is fully revocable if the department subsequently
 1536  determines that any facts set forth in the application are not
 1537  true or correctly represented.
 1538         (4) LICENSE CERTIFICATE.—
 1539         (a) A license certificate shall be issued by the department
 1540  in accordance with such application when the application is
 1541  regular in form and in compliance with the provisions of this
 1542  section. The license certificate may be in the form of a
 1543  document or a computerized card as determined by the department.
 1544  The actual cost of each original, additional, or replacement
 1545  computerized card shall be borne by the licensee and is in
 1546  addition to the fee for licensure. Such license, when so issued,
 1547  entitles the licensee to carry on and conduct the business of a
 1548  motor vehicle dealer. Each license issued to a franchise motor
 1549  vehicle dealer expires annually on December 31 of the year of
 1550  its expiration unless revoked or suspended prior to that date.
 1551  Each license issued to an independent or wholesale dealer or
 1552  auction expires annually on April 30 of the year of its
 1553  expiration unless revoked or suspended prior to that date. At
 1554  least Not less than 60 days before prior to the license
 1555  expiration date, the department shall deliver or mail to each
 1556  licensee the necessary renewal forms. Each independent dealer
 1557  shall certify that the dealer (owner, partner, officer, or
 1558  director of the licensee, or a full-time employee of the
 1559  licensee that holds a responsible management-level position) has
 1560  completed 8 hours of continuing education prior to filing the
 1561  renewal forms with the department. Such certification shall be
 1562  filed once every 2 years. The continuing education shall include
 1563  at least 2 hours of legal or legislative issues, 1 hour of
 1564  department issues, and 5 hours of relevant motor vehicle
 1565  industry topics. Continuing education shall be provided by
 1566  dealer schools licensed under paragraph (b) either in a
 1567  classroom setting or by correspondence. Such schools shall
 1568  provide certificates of completion to the department and the
 1569  customer which shall be filed with the license renewal form, and
 1570  such schools may charge a fee for providing continuing
 1571  education. Any licensee who does not file his or her application
 1572  and fees and any other requisite documents, as required by law,
 1573  with the department at least 30 days prior to the license
 1574  expiration date shall cease to engage in business as a motor
 1575  vehicle dealer on the license expiration date. A renewal filed
 1576  with the department within 45 days after the expiration date
 1577  shall be accompanied by a delinquent fee of $100. Thereafter, a
 1578  new application is required, accompanied by the initial license
 1579  fee. A license certificate duly issued by the department may be
 1580  modified by endorsement to show a change in the name of the
 1581  licensee, provided, as shown by affidavit of the licensee, the
 1582  majority ownership interest of the licensee has not changed or
 1583  the name of the person appearing as franchisee on the sales and
 1584  service agreement has not changed. Modification of a license
 1585  certificate to show any name change as herein provided shall not
 1586  require initial licensure or reissuance of dealer tags; however,
 1587  any dealer obtaining a name change shall transact all business
 1588  in and be properly identified by that name. All documents
 1589  relative to licensure shall reflect the new name. In the case of
 1590  a franchise dealer, the name change shall be approved by the
 1591  manufacturer, distributor, or importer. A licensee applying for
 1592  a name change endorsement shall pay a fee of $25 which fee shall
 1593  apply to the change in the name of a main location and all
 1594  additional locations licensed under the provisions of subsection
 1595  (5). Each initial license application received by the department
 1596  shall be accompanied by verification that, within the preceding
 1597  6 months, the applicant, or one or more of his or her designated
 1598  employees, has attended a training and information seminar
 1599  conducted by a licensed motor vehicle dealer training school.
 1600  Any applicant for a new franchised motor vehicle dealer license
 1601  who has held a valid franchised motor vehicle dealer license
 1602  continuously for the past 2 years and who remains in good
 1603  standing with the department is exempt from the prelicensing
 1604  training requirement. Such seminar shall include, but is not
 1605  limited to, statutory dealer requirements, which requirements
 1606  include required bookkeeping and recordkeeping procedures,
 1607  requirements for the collection of sales and use taxes, and such
 1608  other information that in the opinion of the department will
 1609  promote good business practices. No seminar may exceed 8 hours
 1610  in length.
 1611         (5) SUPPLEMENTAL LICENSE.—Any person licensed under this
 1612  section hereunder shall obtain a supplemental license for each
 1613  permanent additional place or places of business not contiguous
 1614  to the premises for which the original license is issued, on a
 1615  form to be furnished by the department, and upon payment of a
 1616  fee of $50 for each such additional location. Applicants may
 1617  choose to extend the licensure period for 1 additional year for
 1618  a total of 2 years. The applicant shall pay to the department a
 1619  fee of $50 for the first year and $50 for the second year for
 1620  each such additional location. Thereafter, the applicant shall
 1621  pay $50 for a 1-year renewal or $100 for a 2-year renewal for
 1622  each such additional location Upon making renewal applications
 1623  for such supplemental licenses, such applicant shall pay $50 for
 1624  each additional location. A supplemental license authorizing
 1625  off-premises sales shall be issued, at no charge to the dealer,
 1626  for a period not to exceed 10 consecutive calendar days. To
 1627  obtain such a temporary supplemental license for off-premises
 1628  sales, the applicant must be a licensed dealer; must notify the
 1629  applicable local department office of the specific dates and
 1630  location for which such license is requested, display a sign at
 1631  the licensed location clearly identifying the dealer, and
 1632  provide staff to work at the temporary location for the duration
 1633  of the off-premises sale; must meet any local government
 1634  permitting requirements; and must have permission of the
 1635  property owner to sell at that location. In the case of an off
 1636  premises sale by a motor vehicle dealer licensed under
 1637  subparagraph (1)(c)1. for the sale of new motor vehicles, the
 1638  applicant must also include documentation notifying the
 1639  applicable licensee licensed under s. 320.61 of the intent to
 1640  engage in an off-premises sale 5 working days prior to the date
 1641  of the off-premises sale. The licensee shall either approve or
 1642  disapprove of the off-premises sale within 2 working days after
 1643  receiving notice; otherwise, it will be deemed approved. This
 1644  section does not apply to a nonselling motor vehicle show or
 1645  public display of new motor vehicles.
 1646         Section 31. Section 320.62, Florida Statutes, is amended to
 1647  read:
 1648         320.62 Licenses; amount; disposition of proceeds.—The
 1649  initial license for each manufacturer, distributor, or importer
 1650  shall be $300 and shall be in addition to all other licenses or
 1651  taxes now or hereafter levied, assessed, or required of the
 1652  applicant or licensee. Applicants may choose to extend the
 1653  licensure period for 1 additional year for a total of 2 years.
 1654  An initial applicant shall pay to the department a fee of $300
 1655  for the first year and $100 for the second year. An applicant
 1656  for a renewal license shall pay $100 to the department for a 1
 1657  year renewal or $200 for a 2-year renewal The annual renewal
 1658  license fee shall be $100. The proceeds from all licenses under
 1659  ss. 320.60-320.70 shall be paid into the State Treasury to the
 1660  credit of the General Revenue Fund. All licenses shall be
 1661  payable on or before October 1 of the each year and shall
 1662  expire, unless sooner revoked or suspended, on the following
 1663  September 30 of the year of its expiration.
 1664         Section 32. Subsections (4) and (6) of section 320.77,
 1665  Florida Statutes, are amended to read:
 1666         320.77 License required of mobile home dealers.—
 1667         (4) FEES.—Upon making initial application, the applicant
 1668  shall pay to the department a fee of $300 in addition to any
 1669  other fees now required by law. Applicants may choose to extend
 1670  the licensure period for 1 additional year for a total of 2
 1671  years. An initial applicant shall pay to the department a fee of
 1672  $300 for the first year and $100 for the second year in addition
 1673  to any other fees required by law. An applicant for a renewal
 1674  license shall pay to the department $100 for a 1-year renewal or
 1675  $200 for a 2-year renewal The fee for renewal application shall
 1676  be $100. The fee for application for change of location shall be
 1677  $25. Any applicant for renewal who has failed to submit his or
 1678  her renewal application by October 1 of the year of its current
 1679  license expiration shall pay a renewal application fee equal to
 1680  the original application fee. No fee is refundable. All fees
 1681  shall be deposited into the General Revenue Fund.
 1682         (6) LICENSE CERTIFICATE.—A license certificate shall be
 1683  issued by the department in accordance with the application when
 1684  the same is regular in form and in compliance with the
 1685  provisions of this section. The license certificate may be in
 1686  the form of a document or a computerized card as determined by
 1687  the department. The cost of each original, additional, or
 1688  replacement computerized card shall be borne by the licensee and
 1689  is in addition to the fee for licensure. The fees charged
 1690  applicants for both the required background investigation and
 1691  the computerized card as provided in this section shall be
 1692  deposited into the Highway Safety Operating Trust Fund. The
 1693  license, when so issued, shall entitle the licensee to carry on
 1694  and conduct the business of a mobile home dealer at the location
 1695  set forth in the license for a period of 1 or 2 years beginning
 1696  year from October 1 preceding the date of issuance. Each initial
 1697  application received by the department shall be accompanied by
 1698  verification that, within the preceding 6 months, the applicant
 1699  or one or more of his or her designated employees has attended a
 1700  training and information seminar conducted by the department or
 1701  by a public or private provider approved by the department. Such
 1702  seminar shall include, but not be limited to, statutory dealer
 1703  requirements, which requirements include required bookkeeping
 1704  and recording procedures, requirements for the collection of
 1705  sales and use taxes, and such other information that in the
 1706  opinion of the department will promote good business practices.
 1707         Section 33. Subsections (4) and (6) of section 320.771,
 1708  Florida Statutes, are amended to read:
 1709         320.771 License required of recreational vehicle dealers.—
 1710         (4) FEES.—Upon making initial application, the applicant
 1711  shall pay to the department a fee of $300 in addition to any
 1712  other fees now required by law. Applicants may choose to extend
 1713  the licensure period for 1 additional year for a total of 2
 1714  years. An initial applicant shall pay to the department a fee of
 1715  $300 for the first year and $100 for the second year in addition
 1716  to any other fees required by law. An applicant for a renewal
 1717  license shall pay to the department $100 for a 1-year renewal or
 1718  $200 for a 2-year renewal The fee for renewal application shall
 1719  be $100. The fee for application for change of location shall be
 1720  $25. Any applicant for renewal who has failed to submit his or
 1721  her renewal application by October 1 of the year of its current
 1722  license expiration shall pay a renewal application fee equal to
 1723  the original application fee. No fee is refundable. All fees
 1724  shall be deposited into the General Revenue Fund.
 1725         (6) LICENSE CERTIFICATE.—A license certificate shall be
 1726  issued by the department in accordance with the application when
 1727  the same is regular in form and in compliance with the
 1728  provisions of this section. The license certificate may be in
 1729  the form of a document or a computerized card as determined by
 1730  the department. The cost of each original, additional, or
 1731  replacement computerized card shall be borne by the licensee and
 1732  is in addition to the fee for licensure. The fees charged
 1733  applicants for both the required background investigation and
 1734  the computerized card as provided in this section shall be
 1735  deposited into the Highway Safety Operating Trust Fund. The
 1736  license, when so issued, shall entitle the licensee to carry on
 1737  and conduct the business of a recreational vehicle dealer at the
 1738  location set forth in the license for a period of 1 or 2 years
 1739  year from October 1 preceding the date of issuance. Each initial
 1740  application received by the department shall be accompanied by
 1741  verification that, within the preceding 6 months, the applicant
 1742  or one or more of his or her designated employees has attended a
 1743  training and information seminar conducted by the department or
 1744  by a public or private provider approved by the department. Such
 1745  seminar shall include, but not be limited to, statutory dealer
 1746  requirements, which requirements include required bookkeeping
 1747  and recording procedures, requirements for the collection of
 1748  sales and use taxes, and such other information that in the
 1749  opinion of the department will promote good business practices.
 1750         Section 34. Subsections (3) and (6) of section 320.8225,
 1751  Florida Statutes, are amended to read:
 1752         320.8225 Mobile home and recreational vehicle manufacturer,
 1753  distributor, and importer license.—
 1754         (3) FEES.—Upon submitting an initial application, the
 1755  applicant shall pay to the department a fee of $300. Applicants
 1756  may choose to extend the licensure period for 1 additional year
 1757  for a total of 2 years. An initial applicant shall pay to the
 1758  department a fee of $300 for the first year and $100 for the
 1759  second year. An applicant for a renewal license shall pay to the
 1760  department $100 for a 1-year renewal or $200 for a 2-year
 1761  renewal Upon submitting a renewal application, the applicant
 1762  shall pay to the department a fee of $100. Any applicant for
 1763  renewal who fails to submit his or her renewal application by
 1764  October 1 of the year of its current license expiration shall
 1765  pay a renewal application fee equal to the original application
 1766  fee. No fee is refundable. All fees must be deposited into the
 1767  General Revenue Fund.
 1768         (6) LICENSE PERIOD YEAR.—A license issued to a mobile home
 1769  manufacturer or a recreational vehicle manufacturer,
 1770  distributor, or importer entitles the licensee to conduct
 1771  business for a period of 1 or 2 years beginning year from
 1772  October 1 preceding the date of issuance.
 1773         Section 35. Section 322.095, Florida Statutes, is amended
 1774  to read:
 1775         322.095 Traffic law and substance abuse education program
 1776  for driver driver’s license applicants.—
 1777         (1) Each applicant for a driver license must complete a
 1778  traffic law and substance abuse education course, unless the
 1779  applicant has been licensed in another jurisdiction or has
 1780  satisfactorily completed a Department of Education driver
 1781  education course offered pursuant to s. 1003.48.
 1782         (2)(1) The Department of Highway Safety and Motor Vehicles
 1783  must approve traffic law and substance abuse education courses,
 1784  including courses that use communications technology as the
 1785  delivery method.
 1786         (a) In addition to the course approval criteria provided in
 1787  this section, initial approval of traffic law and substance
 1788  abuse education courses shall be based on the department’s
 1789  review of all course materials which must be designed to promote
 1790  safety, education, and driver awareness; course presentation to
 1791  the department by the provider; and the provider’s plan for
 1792  effective oversight of the course by those who deliver the
 1793  course in the state.
 1794         (b) Each course provider seeking approval of a traffic law
 1795  and substance abuse education course must submit:
 1796         1. Proof of ownership, copyright, or written permission
 1797  from the course owner to use the course in the state that must
 1798  be completed by applicants for a Florida driver’s license.
 1799         2. The curriculum curricula for the courses which must
 1800  promote motorcyclist, bicyclist, and pedestrian safety and
 1801  provide instruction on the physiological and psychological
 1802  consequences of the abuse of alcohol and other drugs;, the
 1803  societal and economic costs of alcohol and drug abuse;, the
 1804  effects of alcohol and drug abuse on the driver of a motor
 1805  vehicle;, and the laws of this state relating to the operation
 1806  of a motor vehicle; the risk factors involved in driver attitude
 1807  and irresponsible driver behaviors, such as speeding, reckless
 1808  driving, and running red lights and stop signs; and the results
 1809  of the use of electronic devices while driving. All instructors
 1810  teaching the courses shall be certified by the department.
 1811         (3)(2) The department shall contract for an independent
 1812  evaluation of the courses. Local DUI programs authorized under
 1813  s. 316.193(5) and certified by the department or a driver
 1814  improvement school may offer a traffic law and substance abuse
 1815  education course. However, Prior to offering the course, the
 1816  course provider must obtain certification from the department
 1817  that the course complies with the requirements of this section.
 1818  If the course is offered in a classroom setting, the course
 1819  provider and any schools authorized by the provider to teach the
 1820  course must offer the approved course at locations that are free
 1821  from distractions and reasonably accessible to most applicants
 1822  and must issue a certificate to those persons successfully
 1823  completing the course.
 1824         (3) The completion of a course does not qualify a person
 1825  for the reinstatement of a driver’s license which has been
 1826  suspended or revoked.
 1827         (4) The fee charged by the course provider must bear a
 1828  reasonable relationship to the cost of the course. The
 1829  department must conduct financial audits of course providers
 1830  conducting the education courses required under this section or
 1831  require that financial audits of providers be performed, at the
 1832  expense of the provider, by a certified public accountant.
 1833         (5) The provisions of this section do not apply to any
 1834  person who has been licensed in any other jurisdiction or who
 1835  has satisfactorily completed a Department of Education driver’s
 1836  education course offered pursuant to s. 1003.48.
 1837         (4)(6)In addition to a regular course fee, an assessment
 1838  fee in the amount of $3 shall be collected by the school from
 1839  each person who attends a course. The course provider must remit
 1840  the $3 assessment fee to the department for deposit into the
 1841  Highway Safety Operating Trust Fund in order to receive a unique
 1842  course completion certificate number for the student. Each
 1843  course provider must collect a $3 assessment fee in addition to
 1844  the enrollment fee charged to participants of the traffic law
 1845  and substance abuse course required under this section. The $3
 1846  assessment fee collected by the course provider must be
 1847  forwarded to the department within 30 days after receipt of the
 1848  assessment.
 1849         (5)(7) The department may is authorized to maintain the
 1850  information and records necessary to administer its duties and
 1851  responsibilities for the program. Course providers are required
 1852  to maintain all records pertinent to the conduct of their
 1853  approved courses for 5 years and allow the department to inspect
 1854  such records as necessary. Records may be maintained in an
 1855  electronic format. If Where such information is a public record
 1856  as defined in chapter 119, it shall be made available to the
 1857  public upon request pursuant to s. 119.07(1). The department
 1858  shall approve and regulate courses that use technology as the
 1859  delivery method of all traffic law and substance abuse education
 1860  courses as the courses relate to this section.
 1861         (6) The department shall design, develop, implement, and
 1862  conduct effectiveness studies on each delivery method of all
 1863  courses approved pursuant to this section on a recurring 3-year
 1864  basis. At a minimum, studies shall be conducted on the
 1865  effectiveness of each course in reducing DUI citations and
 1866  decreasing moving traffic violations or collision recidivism.
 1867  Upon notification that a course has failed an effectiveness
 1868  study, the course provider shall immediately cease offering the
 1869  course in the state.
 1870         (7) Courses approved under this section must be updated at
 1871  the department’s request. Failure of a course provider to update
 1872  the course within 90 days after the department’s request shall
 1873  result in the suspension of the course approval until such time
 1874  that the updates are submitted and approved by the department.
 1875         (8) Each course provider shall ensure that its driver
 1876  improvement schools are conducting the approved courses fully,
 1877  to the required time limits, and with the content requirements
 1878  specified by the department. The course provider shall ensure
 1879  that only department-approved instructional materials are used
 1880  in the presentation of the course, and that all driver
 1881  improvement schools conducting the course do so in a manner that
 1882  maximizes its impact and effectiveness. The course provider
 1883  shall ensure that any student who is unable to attend or
 1884  complete a course due to action, error, or omission on the part
 1885  of the course provider or driver improvement school conducting
 1886  the course shall be accommodated to permit completion of the
 1887  course at no additional cost.
 1888         (9) Traffic law and substance abuse education courses shall
 1889  be conducted with a minimum of 4 hours devoted to course content
 1890  minus a maximum of 30 minutes allotted for breaks.
 1891         (10) A course provider may not require any student to
 1892  purchase a course completion certificate. Course providers
 1893  offering paper or electronic certificates for purchase must
 1894  clearly convey to the student that this purchase is optional,
 1895  that the only valid course completion certificate is the
 1896  electronic one that is entered into the department’s Driver
 1897  Improvement Certificate Issuance System, and that paper
 1898  certificates are not acceptable for any licensing purpose.
 1899         (11) Course providers and all associated driver improvement
 1900  schools that offer approved courses shall disclose all fees
 1901  associated with the course and shall not charge any fees that
 1902  are not clearly listed during the registration process.
 1903         (12) Course providers shall submit course completion
 1904  information to the department through the department’s Driver
 1905  Improvement Certificate Issuance System within 5 days. The
 1906  submission shall be free of charge to the student.
 1907         (13) The department may deny, suspend, or revoke course
 1908  approval upon proof that the course provider:
 1909         (a) Violated this section.
 1910         (b) Has been convicted of a crime involving any drug
 1911  related or DUI-related offense, a felony, fraud, or a crime
 1912  directly related to the personal safety of a student.
 1913         (c) Failed to satisfy the effectiveness criteria as
 1914  outlined in subsection (6).
 1915         (d) Obtained course approval by fraud or misrepresentation.
 1916         (e) Obtained or assisted a person in obtaining any driver
 1917  license by fraud or misrepresentation.
 1918         (f) Conducted a traffic law and substance abuse education
 1919  course in the state while approval of such course was under
 1920  suspension or revocation.
 1921         (g) Failed to provide effective oversight of those who
 1922  deliver the course in the state.
 1923         (14) The department shall not accept certificates from
 1924  students who take a course after the course has been suspended
 1925  or revoked.
 1926         (15) A person who has been convicted of a crime involving
 1927  any drug-related or DUI-related offense in the past 5 years, a
 1928  felony, fraud, or a crime directly related to the personal
 1929  safety of a student shall not be allowed to conduct traffic law
 1930  and substance abuse education courses.
 1931         (16) The department shall summarily suspend approval of any
 1932  course without preliminary hearing for the purpose of protecting
 1933  the public safety and enforcing any provision of law governing
 1934  traffic law and substance abuse education courses.
 1935         (17) Except as otherwise provided in this section, before
 1936  final department action denying, suspending, or revoking
 1937  approval of a course, the course provider shall have the
 1938  opportunity to request either a formal or informal
 1939  administrative hearing to show cause why the action should not
 1940  be taken.
 1941         (18) The department may levy and collect a civil fine of at
 1942  least $1,000 but not more than $5,000 for each violation of this
 1943  section. Proceeds from fines collected shall be deposited into
 1944  the Highway Safety Operating Trust Fund and used to cover the
 1945  cost of administering this section or promoting highway safety
 1946  initiatives.
 1947         Section 36. Subsection (1) of section 322.125, Florida
 1948  Statutes, is amended to read:
 1949         322.125 Medical Advisory Board.—
 1950         (1) There shall be a Medical Advisory Board composed of not
 1951  fewer than 12 or more than 25 members, at least one of whom must
 1952  be 60 years of age or older and all but one of whose medical and
 1953  other specialties must relate to driving abilities, which number
 1954  must include a doctor of medicine who is employed by the
 1955  Department of Highway Safety and Motor Vehicles in Tallahassee,
 1956  who shall serve as administrative officer for the board. The
 1957  executive director of the Department of Highway Safety and Motor
 1958  Vehicles shall recommend persons to serve as board members.
 1959  Every member but two must be a doctor of medicine licensed to
 1960  practice medicine in this or any other state and must be a
 1961  member in good standing of the Florida Medical Association or
 1962  the Florida Osteopathic Association. One member must be an
 1963  optometrist licensed to practice optometry in this state and
 1964  must be a member in good standing of the Florida Optometric
 1965  Association. One member must be a chiropractic physician
 1966  licensed to practice chiropractic medicine in this state.
 1967  Members shall be approved by the Cabinet and shall serve 4-year
 1968  staggered terms. The board membership must, to the maximum
 1969  extent possible, consist of equal representation of the
 1970  disciplines of the medical community treating the mental or
 1971  physical disabilities that could affect the safe operation of
 1972  motor vehicles.
 1973         Section 37. Subsection (4) of section 322.135, Florida
 1974  Statutes, is amended to read:
 1975         322.135 Driver Driver’s license agents.—
 1976         (4) A tax collector may not issue or renew a driver
 1977  driver’s license if he or she has any reason to believe that the
 1978  licensee or prospective licensee is physically or mentally
 1979  unqualified to operate a motor vehicle. The tax collector may
 1980  direct any such licensee to the department for examination or
 1981  reexamination under s. 322.221.
 1982         Section 38. Section 322.143, Florida Statutes, is created
 1983  to read:
 1984         322.143Use of a driver license or identification card.—
 1985         (1)As used in this section, the term:
 1986         (a) “Personal information” means an individual’s name,
 1987  address, date of birth, driver license number, or identification
 1988  card number.
 1989         (b) “Private entity” means any nongovernmental entity, such
 1990  as a corporation, partnership, company or nonprofit
 1991  organization, any other legal entity, or any natural person.
 1992         (c) “Swipe” means the act of passing a driver license or
 1993  identification card through a device that is capable of
 1994  deciphering, in an electronically readable format, the
 1995  information electronically encoded in a magnetic strip or bar
 1996  code on the driver license or identification card.
 1997         (2)Except as provided in subsection (6), a private entity
 1998  may not swipe an individual’s driver license or identification
 1999  card, except for the following purposes:
 2000         (a) To verify the authenticity of a driver license or
 2001  identification card or to verify the identity of the individual
 2002  if the individual pays for a good or service with a method other
 2003  than cash, returns an item, or requests a refund.
 2004         (b)To verify the individual’s age when providing an age
 2005  restricted good or service to a person about whom there is any
 2006  reasonable doubt of the person’s having reached 21 years of age.
 2007         (c) To prevent fraud or other criminal activity if an
 2008  individual returns an item or requests a refund and the private
 2009  entity uses a fraud prevention service company or system.
 2010         (d)To transmit information to a check services company for
 2011  the purpose of approving negotiable instruments, electronic
 2012  funds transfers, or similar methods of payment.
 2013         (3)A private entity that swipes an individual’s driver
 2014  license or identification card under paragraph (2)(a) or
 2015  paragraph (2)(b) may not store, sell, or share personal
 2016  information collected from swiping the driver license or
 2017  identification card.
 2018         (4)A private entity that swipes an individual’s driver
 2019  license or identification card under paragraph (2)(c) or
 2020  paragraph (2)(d) may store or share personal information
 2021  collected from swiping an individual’s driver license or
 2022  identification card for the purpose of preventing fraud or other
 2023  criminal activity against the private entity.
 2024         (5)(a)A person other than an entity regulated by the
 2025  federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., who
 2026  receives personal information from a private entity under
 2027  subsection (4) may use the personal information received only to
 2028  prevent fraud or other criminal activity against the private
 2029  entity that provided the personal information.
 2030         (b)A person who is regulated by the federal Fair Credit
 2031  Reporting Act and who receives personal information from a
 2032  private entity under subsection (4) may use or provide the
 2033  personal information received only to effect, administer, or
 2034  enforce a transaction or prevent fraud or other criminal
 2035  activity, if the person provides or receives personal
 2036  information under contract from the private entity.
 2037         (6)(a) An individual may consent to allow the private
 2038  entity to swipe the individual’s driver license or
 2039  identification card to collect and store personal information.
 2040  However, the individual must be informed what information is
 2041  collected and the purpose or purposes for which it will be used.
 2042         (b) If the individual does not want the private entity to
 2043  swipe the individual’s driver license or identification card,
 2044  the private entity may manually collect personal information
 2045  from the individual.
 2046         (7)The private entity may not withhold the provision of
 2047  goods or services solely as a result of the individual
 2048  requesting the collection of the data in subsection (6) from the
 2049  individual through manual means.
 2050         (8)In addition to any other remedy provided by law, an
 2051  individual may bring an action to recover actual damages and to
 2052  obtain equitable relief, if equitable relief is available,
 2053  against an entity that swipes, stores, shares, sells, or
 2054  otherwise uses the individuals personal information in violation
 2055  of this section. If a court finds that a violation of this
 2056  section was willful or knowing, the court may increase the
 2057  amount of the award to no more than three times the amount
 2058  otherwise available.
 2059         Section 39. Paragraph (a) of subsection (5) of section
 2060  322.18, Florida Statutes, is amended to read:
 2061         322.18 Original applications, licenses, and renewals;
 2062  expiration of licenses; delinquent licenses.—
 2063         (5) All renewal driver driver’s licenses may be issued
 2064  after the applicant licensee has been determined to be eligible
 2065  by the department.
 2066         (a) A licensee who is otherwise eligible for renewal and
 2067  who is at least 80 years of age:
 2068         1. Must submit to and pass a vision test administered at
 2069  any driver driver’s license office; or
 2070         2. If the licensee applies for a renewal using a
 2071  convenience service as provided in subsection (8), he or she
 2072  must submit to a vision test administered by a doctor of
 2073  medicine or a doctor of osteopathy licensed to practice medicine
 2074  in any state or an optometrist licensed to practice optometry in
 2075  any state physician licensed under chapter 458 or chapter 459,
 2076  an optometrist licensed under chapter 463, or a licensed
 2077  physician at a federally established veterans’ hospital; must
 2078  send the results of that test to the department on a form
 2079  obtained from the department and signed by such health care
 2080  practitioner; and must meet vision standards that are equivalent
 2081  to the standards for passing the departmental vision test. The
 2082  physician or optometrist may submit the results of a vision test
 2083  by a department-approved electronic means.
 2084         Section 40. Subsection (1) of section 322.21, Florida
 2085  Statutes, is amended to read:
 2086         322.21 License fees; procedure for handling and collecting
 2087  fees.—
 2088         (1) Except as otherwise provided herein, the fee for:
 2089         (a) An original or renewal commercial driver driver’s
 2090  license is $75, which shall include the fee for driver education
 2091  provided by s. 1003.48. However, if an applicant has completed
 2092  training and is applying for employment or is currently employed
 2093  in a public or nonpublic school system that requires the
 2094  commercial license, the fee is the same as for a Class E driver
 2095  driver’s license. A delinquent fee of $15 shall be added for a
 2096  renewal within 12 months after the license expiration date.
 2097         (b) An original Class E driver driver’s license is $48,
 2098  which includes the fee for driver driver’s education provided by
 2099  s. 1003.48. However, if an applicant has completed training and
 2100  is applying for employment or is currently employed in a public
 2101  or nonpublic school system that requires a commercial driver
 2102  license, the fee is the same as for a Class E license.
 2103         (c) The renewal or extension of a Class E driver driver’s
 2104  license or of a license restricted to motorcycle use only is
 2105  $48, except that a delinquent fee of $15 shall be added for a
 2106  renewal or extension made within 12 months after the license
 2107  expiration date. The fee provided in this paragraph includes the
 2108  fee for driver driver’s education provided by s. 1003.48.
 2109         (d) An original driver driver’s license restricted to
 2110  motorcycle use only is $48, which includes the fee for driver
 2111  driver’s education provided by s. 1003.48.
 2112         (e) A replacement driver driver’s license issued pursuant
 2113  to s. 322.17 is $25. Of this amount $7 shall be deposited into
 2114  the Highway Safety Operating Trust Fund and $18 shall be
 2115  deposited into the General Revenue Fund. Beginning July 1, 2015,
 2116  or upon completion of the transition of driver driver’s license
 2117  issuance services, if the replacement driver driver’s license is
 2118  issued by the tax collector, the tax collector shall retain the
 2119  $7 that would otherwise be deposited into the Highway Safety
 2120  Operating Trust Fund and the remaining revenues shall be
 2121  deposited into the General Revenue Fund.
 2122         (f) An original, renewal, or replacement identification
 2123  card issued pursuant to s. 322.051 is $25. Funds collected from
 2124  these fees shall be distributed as follows:
 2125         1. For an original identification card issued pursuant to
 2126  s. 322.051 the fee is $25. This amount shall be deposited into
 2127  the General Revenue Fund.
 2128         2. For a renewal identification card issued pursuant to s.
 2129  322.051 the fee is $25. Of this amount, $6 shall be deposited
 2130  into the Highway Safety Operating Trust Fund and $19 shall be
 2131  deposited into the General Revenue Fund.
 2132         3. For a replacement identification card issued pursuant to
 2133  s. 322.051 the fee is $25. Of this amount, $9 shall be deposited
 2134  into the Highway Safety Operating Trust Fund and $16 shall be
 2135  deposited into the General Revenue Fund. Beginning July 1, 2015,
 2136  or upon completion of the transition of the driver driver’s
 2137  license issuance services, if the replacement identification
 2138  card is issued by the tax collector, the tax collector shall
 2139  retain the $9 that would otherwise be deposited into the Highway
 2140  Safety Operating Trust Fund and the remaining revenues shall be
 2141  deposited into the General Revenue Fund.
 2142         (g) Each endorsement required by s. 322.57 is $7.
 2143         (h) A hazardous-materials endorsement, as required by s.
 2144  322.57(1)(d), shall be set by the department by rule and must
 2145  reflect the cost of the required criminal history check,
 2146  including the cost of the state and federal fingerprint check,
 2147  and the cost to the department of providing and issuing the
 2148  license. The fee shall not exceed $100. This fee shall be
 2149  deposited in the Highway Safety Operating Trust Fund. The
 2150  department may adopt rules to administer this section.
 2151         (i) The specialty driver license or identification card
 2152  issued pursuant to s. 322.1415 is $25, which is in addition to
 2153  other fees required in this section. The fee shall be
 2154  distributed as follows:
 2155         1. Fifty percent shall be distributed as provided in s.
 2156  320.08058 to the appropriate state or independent university,
 2157  professional sports team, or branch of the United States Armed
 2158  Forces.
 2159         2. Fifty percent shall be distributed to the department for
 2160  costs directly related to the specialty driver license and
 2161  identification card program and to defray the costs associated
 2162  with production enhancements and distribution.
 2163         Section 41. Subsection (7) of section 322.212, Florida
 2164  Statutes, is amended to read:
 2165         322.212 Unauthorized possession of, and other unlawful acts
 2166  in relation to, driver driver’s license or identification card.—
 2167         (7) In addition to any other penalties provided by this
 2168  section, any person who provides false information when applying
 2169  for a commercial driver driver’s license or commercial learner’s
 2170  permit or is convicted of fraud in connection with testing for a
 2171  commercial driver license or commercial learner’s permit shall
 2172  be disqualified from operating a commercial motor vehicle for a
 2173  period of 1 year 60 days.
 2174         Section 42. Subsection (1) of section 322.22, Florida
 2175  Statutes, is amended to read:
 2176         322.22 Authority of department to cancel or refuse to issue
 2177  or renew license.—
 2178         (1) The department may is authorized to cancel or withhold
 2179  issuance or renewal of any driver driver’s license, upon
 2180  determining that the licensee was not entitled to the issuance
 2181  thereof, or that the licensee failed to give the required or
 2182  correct information in his or her application or committed any
 2183  fraud in making such application, or that the licensee has two
 2184  or more licenses on file with the department, each in a
 2185  different name but bearing the photograph of the licensee,
 2186  unless the licensee has complied with the requirements of this
 2187  chapter in obtaining the licenses. The department may cancel or
 2188  withhold issuance or renewal of any driver driver’s license,
 2189  identification card, vehicle or vessel registration, or fuel-use
 2190  decal if the licensee fails to pay the correct fee or pays for
 2191  any driver the driver’s license, identification card, vehicle or
 2192  vessel registration, or fuel-use decal; pays any tax liability,
 2193  penalty, or interest specified in chapter 207; or pays any
 2194  administrative, delinquency, or reinstatement fee by a
 2195  dishonored check.
 2196         Section 43. Subsection (3) of section 322.245, Florida
 2197  Statutes, is amended to read:
 2198         322.245 Suspension of license upon failure of person
 2199  charged with specified offense under chapter 316, chapter 320,
 2200  or this chapter to comply with directives ordered by traffic
 2201  court or upon failure to pay child support in non-IV-D cases as
 2202  provided in chapter 61 or failure to pay any financial
 2203  obligation in any other criminal case.—
 2204         (3) If the person fails to comply with the directives of
 2205  the court within the 30-day period, or, in non-IV-D cases, fails
 2206  to comply with the requirements of s. 61.13016 within the period
 2207  specified in that statute, the depository or the clerk of the
 2208  court shall electronically notify the department of such failure
 2209  within 10 days. Upon electronic receipt of the notice, the
 2210  department shall immediately issue an order suspending the
 2211  person’s driver driver’s license and privilege to drive
 2212  effective 20 days after the date the order of suspension is
 2213  mailed in accordance with s. 322.251(1), (2), and (6).
 2214         Section 44. Subsection (7) of section 322.25, Florida
 2215  Statutes, is amended to read:
 2216         322.25 When court to forward license to department and
 2217  report convictions; temporary reinstatement of driving
 2218  privileges.—
 2219         (7) Any licensed driver convicted of driving, or being in
 2220  the actual physical control of, a vehicle within this state
 2221  while under the influence of alcoholic beverages, any chemical
 2222  substance set forth in s. 877.111, or any substance controlled
 2223  under chapter 893, when affected to the extent that his or her
 2224  normal faculties are impaired, and whose license and driving
 2225  privilege have been revoked as provided in subsection (1) may be
 2226  issued a court order for reinstatement of a driving privilege on
 2227  a temporary basis; provided that, as a part of the penalty, upon
 2228  conviction, the defendant is required to enroll in and complete
 2229  a driver improvement course for the rehabilitation of drinking
 2230  drivers and the driver is otherwise eligible for reinstatement
 2231  of the driving privilege as provided by s. 322.282. The court
 2232  order for reinstatement shall be on a form provided by the
 2233  department and must be taken by the person convicted to a
 2234  Florida driver’s license examining office, where a temporary
 2235  driving permit may be issued. The period of time for which a
 2236  temporary permit issued in accordance with this subsection is
 2237  valid shall be deemed to be part of the period of revocation
 2238  imposed by the court.
 2239         Section 45. Section 322.2615, Florida Statutes, is amended
 2240  to read:
 2241         322.2615 Suspension of license; right to review.—
 2242         (1)(a) A law enforcement officer or correctional officer
 2243  shall, on behalf of the department, suspend the driving
 2244  privilege of a person who is driving or in actual physical
 2245  control of a motor vehicle and who has an unlawful blood-alcohol
 2246  level or breath-alcohol level of 0.08 or higher, or of a person
 2247  who has refused to submit to a urine test or a test of his or
 2248  her breath-alcohol or blood-alcohol level. The officer shall
 2249  take the person’s driver driver’s license and issue the person a
 2250  10-day temporary permit if the person is otherwise eligible for
 2251  the driving privilege and shall issue the person a notice of
 2252  suspension. If a blood test has been administered, the officer
 2253  or the agency employing the officer shall transmit such results
 2254  to the department within 5 days after receipt of the results. If
 2255  the department then determines that the person had a blood
 2256  alcohol level or breath-alcohol level of 0.08 or higher, the
 2257  department shall suspend the person’s driver driver’s license
 2258  pursuant to subsection (3).
 2259         (b) The suspension under paragraph (a) shall be pursuant
 2260  to, and the notice of suspension shall inform the driver of, the
 2261  following:
 2262         1.a. The driver refused to submit to a lawful breath,
 2263  blood, or urine test and his or her driving privilege is
 2264  suspended for a period of 1 year for a first refusal or for a
 2265  period of 18 months if his or her driving privilege has been
 2266  previously suspended as a result of a refusal to submit to such
 2267  a test; or
 2268         b. The driver was driving or in actual physical control of
 2269  a motor vehicle and had an unlawful blood-alcohol level or
 2270  breath-alcohol level of 0.08 or higher and his or her driving
 2271  privilege is suspended for a period of 6 months for a first
 2272  offense or for a period of 1 year if his or her driving
 2273  privilege has been previously suspended under this section.
 2274         2. The suspension period shall commence on the date of
 2275  issuance of the notice of suspension.
 2276         3. The driver may request a formal or informal review of
 2277  the suspension by the department within 10 days after the date
 2278  of issuance of the notice of suspension or may request a
 2279  restricted license pursuant to s. 322.271(7), if eligible.
 2280         4. The temporary permit issued at the time of suspension
 2281  expires at midnight of the 10th day following the date of
 2282  issuance of the notice of suspension.
 2283         5. The driver may submit to the department any materials
 2284  relevant to the suspension.
 2285         (2)(a) Except as provided in paragraph (1)(a), the law
 2286  enforcement officer shall forward to the department, within 5
 2287  days after issuing the notice of suspension, the driver driver’s
 2288  license; an affidavit stating the officer’s grounds for belief
 2289  that the person was driving or in actual physical control of a
 2290  motor vehicle while under the influence of alcoholic beverages
 2291  or chemical or controlled substances; the results of any breath
 2292  or blood test or an affidavit stating that a breath, blood, or
 2293  urine test was requested by a law enforcement officer or
 2294  correctional officer and that the person refused to submit; the
 2295  officer’s description of the person’s field sobriety test, if
 2296  any; and the notice of suspension. The failure of the officer to
 2297  submit materials within the 5-day period specified in this
 2298  subsection and in subsection (1) does not affect the
 2299  department’s ability to consider any evidence submitted at or
 2300  prior to the hearing.
 2301         (b) The officer may also submit a copy of the crash report
 2302  and a copy of a video recording videotape of the field sobriety
 2303  test or the attempt to administer such test. Materials submitted
 2304  to the department by a law enforcement agency or correctional
 2305  agency shall be considered self-authenticating and shall be in
 2306  the record for consideration by the hearing officer.
 2307  Notwithstanding s. 316.066(5), the crash report shall be
 2308  considered by the hearing officer.
 2309         (3) If the department determines that the license should be
 2310  suspended pursuant to this section and if the notice of
 2311  suspension has not already been served upon the person by a law
 2312  enforcement officer or correctional officer as provided in
 2313  subsection (1), the department shall issue a notice of
 2314  suspension and, unless the notice is mailed pursuant to s.
 2315  322.251, a temporary permit that expires 10 days after the date
 2316  of issuance if the driver is otherwise eligible.
 2317         (4) If the person whose license was suspended requests an
 2318  informal review pursuant to subparagraph (1)(b)3., the
 2319  department shall conduct the informal review by a hearing
 2320  officer designated employed by the department. Such informal
 2321  review hearing shall consist solely of an examination by the
 2322  department of the materials submitted by a law enforcement
 2323  officer or correctional officer and by the person whose license
 2324  was suspended, and the presence of an officer or witness is not
 2325  required.
 2326         (5) After completion of the informal review, notice of the
 2327  department’s decision sustaining, amending, or invalidating the
 2328  suspension of the driver driver’s license of the person whose
 2329  license was suspended must be provided to such person. Such
 2330  notice must be mailed to the person at the last known address
 2331  shown on the department’s records, or to the address provided in
 2332  the law enforcement officer’s report if such address differs
 2333  from the address of record, within 21 days after the expiration
 2334  of the temporary permit issued pursuant to subsection (1) or
 2335  subsection (3).
 2336         (6)(a) If the person whose license was suspended requests a
 2337  formal review, the department must schedule a hearing to be held
 2338  within 30 days after such request is received by the department
 2339  and must notify the person of the date, time, and place of the
 2340  hearing.
 2341         (b) Such formal review hearing shall be held before a
 2342  hearing officer designated employed by the department, and the
 2343  hearing officer shall be authorized to administer oaths, examine
 2344  witnesses and take testimony, receive relevant evidence, issue
 2345  subpoenas for the officers and witnesses identified in documents
 2346  provided under paragraph (2)(a) in subsection (2), regulate the
 2347  course and conduct of the hearing, question witnesses, and make
 2348  a ruling on the suspension. The hearing officer may conduct
 2349  hearings using communications technology. The party requesting
 2350  the presence of a witness shall be responsible for the payment
 2351  of any witness fees and for notifying in writing the state
 2352  attorney’s office in the appropriate circuit of the issuance of
 2353  the subpoena. If the person who requests a formal review hearing
 2354  fails to appear and the hearing officer finds such failure to be
 2355  without just cause, the right to a formal hearing is waived and
 2356  the suspension shall be sustained.
 2357         (c) The failure of a subpoenaed witness to appear at the
 2358  formal review hearing is not grounds to invalidate the
 2359  suspension. If a witness fails to appear, a party may seek
 2360  enforcement of a subpoena under paragraph (b) by filing a
 2361  petition for enforcement in the circuit court of the judicial
 2362  circuit in which the person failing to comply with the subpoena
 2363  resides or by filing a motion for enforcement in any criminal
 2364  court case resulting from the driving or actual physical control
 2365  of a motor vehicle that gave rise to the suspension under this
 2366  section. A failure to comply with an order of the court shall
 2367  result in a finding of contempt of court. However, a person is
 2368  not in contempt while a subpoena is being challenged.
 2369         (d) The department must, within 7 working days after a
 2370  formal review hearing, send notice to the person of the hearing
 2371  officer’s decision as to whether sufficient cause exists to
 2372  sustain, amend, or invalidate the suspension.
 2373         (7) In a formal review hearing under subsection (6) or an
 2374  informal review hearing under subsection (4), the hearing
 2375  officer shall determine by a preponderance of the evidence
 2376  whether sufficient cause exists to sustain, amend, or invalidate
 2377  the suspension. The scope of the review shall be limited to the
 2378  following issues:
 2379         (a) If the license was suspended for driving with an
 2380  unlawful blood-alcohol level or breath-alcohol level of 0.08 or
 2381  higher:
 2382         1. Whether the law enforcement officer had probable cause
 2383  to believe that the person whose license was suspended was
 2384  driving or in actual physical control of a motor vehicle in this
 2385  state while under the influence of alcoholic beverages or
 2386  chemical or controlled substances.
 2387         2. Whether the person whose license was suspended had an
 2388  unlawful blood-alcohol level or breath-alcohol level of 0.08 or
 2389  higher as provided in s. 316.193.
 2390         (b) If the license was suspended for refusal to submit to a
 2391  breath, blood, or urine test:
 2392         1. Whether the law enforcement officer had probable cause
 2393  to believe that the person whose license was suspended was
 2394  driving or in actual physical control of a motor vehicle in this
 2395  state while under the influence of alcoholic beverages or
 2396  chemical or controlled substances.
 2397         2. Whether the person whose license was suspended refused
 2398  to submit to any such test after being requested to do so by a
 2399  law enforcement officer or correctional officer.
 2400         3. Whether the person whose license was suspended was told
 2401  that if he or she refused to submit to such test his or her
 2402  privilege to operate a motor vehicle would be suspended for a
 2403  period of 1 year or, in the case of a second or subsequent
 2404  refusal, for a period of 18 months.
 2405         (8) Based on the determination of the hearing officer
 2406  pursuant to subsection (7) for both informal hearings under
 2407  subsection (4) and formal hearings under subsection (6), the
 2408  department shall:
 2409         (a) Sustain the suspension of the person’s driving
 2410  privilege for a period of 1 year for a first refusal, or for a
 2411  period of 18 months if the driving privilege of such person has
 2412  been previously suspended as a result of a refusal to submit to
 2413  such tests, if the person refused to submit to a lawful breath,
 2414  blood, or urine test. The suspension period commences on the
 2415  date of issuance of the notice of suspension.
 2416         (b) Sustain the suspension of the person’s driving
 2417  privilege for a period of 6 months for a blood-alcohol level or
 2418  breath-alcohol level of 0.08 or higher, or for a period of 1
 2419  year if the driving privilege of such person has been previously
 2420  suspended under this section as a result of driving with an
 2421  unlawful alcohol level. The suspension period commences on the
 2422  date of issuance of the notice of suspension.
 2423         (9) A request for a formal review hearing or an informal
 2424  review hearing shall not stay the suspension of the person’s
 2425  driver driver’s license. If the department fails to schedule the
 2426  formal review hearing to be held within 30 days after receipt of
 2427  the request therefor, the department shall invalidate the
 2428  suspension. If the scheduled hearing is continued at the
 2429  department’s initiative or the driver enforces the subpoena as
 2430  provided in subsection (6), the department shall issue a
 2431  temporary driving permit that shall be valid until the hearing
 2432  is conducted if the person is otherwise eligible for the driving
 2433  privilege. Such permit may not be issued to a person who sought
 2434  and obtained a continuance of the hearing. The permit issued
 2435  under this subsection shall authorize driving for business or
 2436  employment use only.
 2437         (10) A person whose driver driver’s license is suspended
 2438  under subsection (1) or subsection (3) may apply for issuance of
 2439  a license for business or employment purposes only if the person
 2440  is otherwise eligible for the driving privilege pursuant to s.
 2441  322.271.
 2442         (a) If the suspension of the driver driver’s license of the
 2443  person for failure to submit to a breath, urine, or blood test
 2444  is sustained, the person is not eligible to receive a license
 2445  for business or employment purposes only, pursuant to s.
 2446  322.271, until 90 days have elapsed after the expiration of the
 2447  last temporary permit issued. If the driver is not issued a 10
 2448  day permit pursuant to this section or s. 322.64 because he or
 2449  she is ineligible for the permit and the suspension for failure
 2450  to submit to a breath, urine, or blood test is not invalidated
 2451  by the department, the driver is not eligible to receive a
 2452  business or employment license pursuant to s. 322.271 until 90
 2453  days have elapsed from the date of the suspension.
 2454         (b) If the suspension of the driver driver’s license of the
 2455  person relating to unlawful blood-alcohol level or breath
 2456  alcohol level of 0.08 or higher is sustained, the person is not
 2457  eligible to receive a license for business or employment
 2458  purposes only pursuant to s. 322.271 until 30 days have elapsed
 2459  after the expiration of the last temporary permit issued. If the
 2460  driver is not issued a 10-day permit pursuant to this section or
 2461  s. 322.64 because he or she is ineligible for the permit and the
 2462  suspension relating to unlawful blood-alcohol level or breath
 2463  alcohol level of 0.08 or higher is not invalidated by the
 2464  department, the driver is not eligible to receive a business or
 2465  employment license pursuant to s. 322.271 until 30 days have
 2466  elapsed from the date of the suspension.
 2467         (11) The formal review hearing may be conducted upon a
 2468  review of the reports of a law enforcement officer or a
 2469  correctional officer, including documents relating to the
 2470  administration of a breath test or blood test or the refusal to
 2471  take either test or the refusal to take a urine test. However,
 2472  as provided in subsection (6), the driver may subpoena the
 2473  officer or any person who administered or analyzed a breath or
 2474  blood test. If the arresting officer or the breath technician
 2475  fails to appear pursuant to a subpoena as provided in subsection
 2476  (6), the department shall invalidate the suspension.
 2477         (12) The formal review hearing and the informal review
 2478  hearing are exempt from the provisions of chapter 120. The
 2479  department may adopt rules for the conduct of reviews under this
 2480  section.
 2481         (13) A person may appeal any decision of the department
 2482  sustaining a suspension of his or her driver driver’s license by
 2483  a petition for writ of certiorari to the circuit court in the
 2484  county wherein such person resides or wherein a formal or
 2485  informal review was conducted pursuant to s. 322.31. However, an
 2486  appeal shall not stay the suspension. A law enforcement agency
 2487  may appeal any decision of the department invalidating a
 2488  suspension by a petition for writ of certiorari to the circuit
 2489  court in the county wherein a formal or informal review was
 2490  conducted. This subsection shall not be construed to provide for
 2491  a de novo review appeal.
 2492         (14)(a) The decision of the department under this section
 2493  or any circuit court review thereof may not be considered in any
 2494  trial for a violation of s. 316.193, and a written statement
 2495  submitted by a person in his or her request for departmental
 2496  review under this section may not be admitted into evidence
 2497  against him or her in any such trial.
 2498         (b) The disposition of any related criminal proceedings
 2499  does not affect a suspension for refusal to submit to a blood,
 2500  breath, or urine test imposed under this section.
 2501         (15) If the department suspends a person’s license under s.
 2502  322.2616, it may not also suspend the person’s license under
 2503  this section for the same episode that was the basis for the
 2504  suspension under s. 322.2616.
 2505         (16) The department shall invalidate a suspension for
 2506  driving with an unlawful blood-alcohol level or breath-alcohol
 2507  level imposed under this section if the suspended person is
 2508  found not guilty at trial of an underlying violation of s.
 2509  316.193.
 2510         Section 46. Section 322.2616, Florida Statutes, is amended
 2511  to read:
 2512         322.2616 Suspension of license; persons under 21 years of
 2513  age; right to review.—
 2514         (1)(a) Notwithstanding s. 316.193, it is unlawful for a
 2515  person under the age of 21 who has a blood-alcohol or breath
 2516  alcohol level of 0.02 or higher to drive or be in actual
 2517  physical control of a motor vehicle.
 2518         (b) A law enforcement officer who has probable cause to
 2519  believe that a motor vehicle is being driven by or is in the
 2520  actual physical control of a person who is under the age of 21
 2521  while under the influence of alcoholic beverages or who has any
 2522  blood-alcohol or breath-alcohol level may lawfully detain such a
 2523  person and may request that person to submit to a test to
 2524  determine his or her blood-alcohol or breath-alcohol level.
 2525         (2)(a) A law enforcement officer or correctional officer
 2526  shall, on behalf of the department, suspend the driving
 2527  privilege of such person if the person has a blood-alcohol or
 2528  breath-alcohol level of 0.02 or higher. The officer shall also
 2529  suspend, on behalf of the department, the driving privilege of a
 2530  person who has refused to submit to a test as provided by
 2531  paragraph (b). The officer shall take the person’s driver
 2532  driver’s license and issue the person a 10-day temporary driving
 2533  permit if the person is otherwise eligible for the driving
 2534  privilege and shall issue the person a notice of suspension.
 2535         (b) The suspension under paragraph (a) must be pursuant to,
 2536  and the notice of suspension must inform the driver of, the
 2537  following:
 2538         1.a. The driver refused to submit to a lawful breath test
 2539  and his or her driving privilege is suspended for a period of 1
 2540  year for a first refusal or for a period of 18 months if his or
 2541  her driving privilege has been previously suspended as provided
 2542  in this section as a result of a refusal to submit to a test; or
 2543         b. The driver was under the age of 21 and was driving or in
 2544  actual physical control of a motor vehicle while having a blood
 2545  alcohol or breath-alcohol level of 0.02 or higher; and the
 2546  person’s driving privilege is suspended for a period of 6 months
 2547  for a first violation, or for a period of 1 year if his or her
 2548  driving privilege has been previously suspended as provided in
 2549  this section for driving or being in actual physical control of
 2550  a motor vehicle with a blood-alcohol or breath-alcohol level of
 2551  0.02 or higher.
 2552         2. The suspension period commences on the date of issuance
 2553  of the notice of suspension.
 2554         3. The driver may request a formal or informal review of
 2555  the suspension by the department within 10 days after the
 2556  issuance of the notice of suspension.
 2557         4. A temporary permit issued at the time of the issuance of
 2558  the notice of suspension shall not become effective until after
 2559  12 hours have elapsed and will expire at midnight of the 10th
 2560  day following the date of issuance.
 2561         5. The driver may submit to the department any materials
 2562  relevant to the suspension of his or her license.
 2563         (c) When a driver subject to this section has a blood
 2564  alcohol or breath-alcohol level of 0.05 or higher, the
 2565  suspension shall remain in effect until such time as the driver
 2566  has completed a substance abuse course offered by a DUI program
 2567  licensed by the department. The driver shall assume the
 2568  reasonable costs for the substance abuse course. As part of the
 2569  substance abuse course, the program shall conduct a substance
 2570  abuse evaluation of the driver, and notify the parents or legal
 2571  guardians of drivers under the age of 19 years of the results of
 2572  the evaluation. The term “substance abuse” means the abuse of
 2573  alcohol or any substance named or described in Schedules I
 2574  through V of s. 893.03. If a driver fails to complete the
 2575  substance abuse education course and evaluation, the driver
 2576  driver’s license shall not be reinstated by the department.
 2577         (d) A minor under the age of 18 years proven to be driving
 2578  with a blood-alcohol or breath-alcohol level of 0.02 or higher
 2579  may be taken by a law enforcement officer to the addictions
 2580  receiving facility in the county in which the minor is found to
 2581  be so driving, if the county makes the addictions receiving
 2582  facility available for such purpose.
 2583         (3) The law enforcement officer shall forward to the
 2584  department, within 5 days after the date of the issuance of the
 2585  notice of suspension, a copy of the notice of suspension, the
 2586  driver driver’s license of the person receiving the notice of
 2587  suspension, and an affidavit stating the officer’s grounds for
 2588  belief that the person was under the age of 21 and was driving
 2589  or in actual physical control of a motor vehicle with any blood
 2590  alcohol or breath-alcohol level, and the results of any blood or
 2591  breath test or an affidavit stating that a breath test was
 2592  requested by a law enforcement officer or correctional officer
 2593  and that the person refused to submit to such test. The failure
 2594  of the officer to submit materials within the 5-day period
 2595  specified in this subsection does not bar the department from
 2596  considering any materials submitted at or before the hearing.
 2597         (4) If the department finds that the license of the person
 2598  should be suspended under this section and if the notice of
 2599  suspension has not already been served upon the person by a law
 2600  enforcement officer or correctional officer as provided in
 2601  subsection (2), the department shall issue a notice of
 2602  suspension and, unless the notice is mailed under s. 322.251, a
 2603  temporary driving permit that expires 10 days after the date of
 2604  issuance if the driver is otherwise eligible.
 2605         (5) If the person whose license is suspended requests an
 2606  informal review under subparagraph (2)(b)3., the department
 2607  shall conduct the informal review by a hearing officer
 2608  designated employed by the department within 30 days after the
 2609  request is received by the department and shall issue such
 2610  person a temporary driving permit for business purposes only to
 2611  expire on the date that such review is scheduled to be conducted
 2612  if the person is otherwise eligible. The informal review hearing
 2613  must consist solely of an examination by the department of the
 2614  materials submitted by a law enforcement officer or correctional
 2615  officer and by the person whose license is suspended, and the
 2616  presence of an officer or witness is not required.
 2617         (6) After completion of the informal review, notice of the
 2618  department’s decision sustaining, amending, or invalidating the
 2619  suspension of the driver driver’s license must be provided to
 2620  the person. The notice must be mailed to the person at the last
 2621  known address shown on the department’s records, or to the
 2622  address provided in the law enforcement officer’s report if such
 2623  address differs from the address of record, within 7 days after
 2624  completing the review.
 2625         (7)(a) If the person whose license is suspended requests a
 2626  formal review, the department must schedule a hearing to be held
 2627  within 30 days after the request is received by the department
 2628  and must notify the person of the date, time, and place of the
 2629  hearing and shall issue such person a temporary driving permit
 2630  for business purposes only to expire on the date that such
 2631  review is scheduled to be conducted if the person is otherwise
 2632  eligible.
 2633         (b) The formal review hearing must be held before a hearing
 2634  officer designated employed by the department, and the hearing
 2635  officer may administer oaths, examine witnesses and take
 2636  testimony, receive relevant evidence, issue subpoenas, regulate
 2637  the course and conduct of the hearing, and make a ruling on the
 2638  suspension. The hearing officer may conduct hearings using
 2639  communications technology. The department and the person whose
 2640  license was suspended may subpoena witnesses, and the party
 2641  requesting the presence of a witness is responsible for paying
 2642  any witness fees and for notifying in writing the state
 2643  attorney’s office in the appropriate circuit of the issuance of
 2644  the subpoena. If the person who requests a formal review hearing
 2645  fails to appear and the hearing officer finds the failure to be
 2646  without just cause, the right to a formal hearing is waived and
 2647  the suspension is sustained.
 2648         (c) The failure of a subpoenaed witness to appear at the
 2649  formal review hearing shall not be grounds to invalidate the
 2650  suspension. If a witness fails to appear, a party may seek
 2651  enforcement of a subpoena under paragraph (b) by filing a
 2652  petition for enforcement in the circuit court of the judicial
 2653  circuit in which the person failing to comply with the subpoena
 2654  resides. A failure to comply with an order of the court
 2655  constitutes contempt of court. However, a person may not be held
 2656  in contempt while a subpoena is being challenged.
 2657         (d) The department must, within 7 working days after a
 2658  formal review hearing, send notice to the person of the hearing
 2659  officer’s decision as to whether sufficient cause exists to
 2660  sustain, amend, or invalidate the suspension.
 2661         (8) In a formal review hearing under subsection (7) or an
 2662  informal review hearing under subsection (5), the hearing
 2663  officer shall determine by a preponderance of the evidence
 2664  whether sufficient cause exists to sustain, amend, or invalidate
 2665  the suspension. The scope of the review is limited to the
 2666  following issues:
 2667         (a) If the license was suspended because the individual,
 2668  then under the age of 21, drove with a blood-alcohol or breath
 2669  alcohol level of 0.02 or higher:
 2670         1. Whether the law enforcement officer had probable cause
 2671  to believe that the person was under the age of 21 and was
 2672  driving or in actual physical control of a motor vehicle in this
 2673  state with any blood-alcohol or breath-alcohol level or while
 2674  under the influence of alcoholic beverages.
 2675         2. Whether the person was under the age of 21.
 2676         3. Whether the person had a blood-alcohol or breath-alcohol
 2677  level of 0.02 or higher.
 2678         (b) If the license was suspended because of the
 2679  individual’s refusal to submit to a breath test:
 2680         1. Whether the law enforcement officer had probable cause
 2681  to believe that the person was under the age of 21 and was
 2682  driving or in actual physical control of a motor vehicle in this
 2683  state with any blood-alcohol or breath-alcohol level or while
 2684  under the influence of alcoholic beverages.
 2685         2. Whether the person was under the age of 21.
 2686         3. Whether the person refused to submit to a breath test
 2687  after being requested to do so by a law enforcement officer or
 2688  correctional officer.
 2689         4. Whether the person was told that if he or she refused to
 2690  submit to a breath test his or her privilege to operate a motor
 2691  vehicle would be suspended for a period of 1 year or, in the
 2692  case of a second or subsequent refusal, for a period of 18
 2693  months.
 2694         (9) Based on the determination of the hearing officer under
 2695  subsection (8) for both informal hearings under subsection (5)
 2696  and formal hearings under subsection (7), the department shall:
 2697         (a) Sustain the suspension of the person’s driving
 2698  privilege for a period of 1 year for a first refusal, or for a
 2699  period of 18 months if the driving privilege of the person has
 2700  been previously suspended, as provided in this section, as a
 2701  result of a refusal to submit to a test. The suspension period
 2702  commences on the date of the issuance of the notice of
 2703  suspension.
 2704         (b) Sustain the suspension of the person’s driving
 2705  privilege for a period of 6 months for driving or being in
 2706  actual physical control of a motor vehicle while under the age
 2707  of 21 with a blood-alcohol or breath-alcohol level of 0.02 or
 2708  higher, or for a period of 1 year if the driving privilege of
 2709  such person has been previously suspended under this section.
 2710  The suspension period commences on the date of the issuance of
 2711  the notice of suspension.
 2712         (10) A request for a formal review hearing or an informal
 2713  review hearing shall not stay the suspension of the person’s
 2714  driver driver’s license. If the department fails to schedule the
 2715  formal review hearing to be held within 30 days after receipt of
 2716  the request therefor, the department shall invalidate the
 2717  suspension. If the scheduled hearing is continued at the
 2718  department’s initiative or the driver enforces the subpoena as
 2719  provided in subsection (7), the department shall issue a
 2720  temporary driving permit that is valid until the hearing is
 2721  conducted if the person is otherwise eligible for the driving
 2722  privilege. The permit shall not be issued to a person who
 2723  requested a continuance of the hearing. The permit issued under
 2724  this subsection authorizes driving for business or employment
 2725  use only.
 2726         (11) A person whose driver driver’s license is suspended
 2727  under subsection (2) or subsection (4) may apply for issuance of
 2728  a license for business or employment purposes only, pursuant to
 2729  s. 322.271, if the person is otherwise eligible for the driving
 2730  privilege. However, such a license may not be issued until 30
 2731  days have elapsed after the expiration of the last temporary
 2732  driving permit issued under this section.
 2733         (12) The formal review hearing may be conducted upon a
 2734  review of the reports of a law enforcement officer or
 2735  correctional officer, including documents relating to the
 2736  administration of a breath test or the refusal to take a test.
 2737  However, as provided in subsection (7), the driver may subpoena
 2738  the officer or any person who administered a breath or blood
 2739  test. If the officer who suspended the driving privilege fails
 2740  to appear pursuant to a subpoena as provided in subsection (7),
 2741  the department shall invalidate the suspension.
 2742         (13) The formal review hearing and the informal review
 2743  hearing are exempt from chapter 120. The department may adopt
 2744  rules for conducting reviews under this section.
 2745         (14) A person may appeal any decision of the department
 2746  sustaining a suspension of his or her driver driver’s license by
 2747  a petition for writ of certiorari to the circuit court in the
 2748  county wherein such person resides or wherein a formal or
 2749  informal review was conducted under s. 322.31. However, an
 2750  appeal does not stay the suspension. This subsection does not
 2751  provide for a de novo review appeal.
 2752         (15) The decision of the department under this section
 2753  shall not be considered in any trial for a violation of s.
 2754  316.193, nor shall any written statement submitted by a person
 2755  in his or her request for departmental review under this section
 2756  be admissible into evidence against him or her in any such
 2757  trial. The disposition of any related criminal proceedings shall
 2758  not affect a suspension imposed under this section.
 2759         (16) By applying for and accepting and using a driver
 2760  driver’s license, a person under the age of 21 years who holds
 2761  the driver driver’s license is deemed to have expressed his or
 2762  her consent to the provisions of this section.
 2763         (17) A breath test to determine breath-alcohol level
 2764  pursuant to this section may be conducted as authorized by s.
 2765  316.1932 or by a breath-alcohol test device listed in the United
 2766  States Department of Transportation’s conforming-product list of
 2767  evidential breath-measurement devices. The reading from such a
 2768  device is presumed accurate and is admissible in evidence in any
 2769  administrative hearing conducted under this section.
 2770         (18) The result of a blood test obtained during an
 2771  investigation conducted under s. 316.1932 or s. 316.1933 may be
 2772  used to suspend the driving privilege of a person under this
 2773  section.
 2774         (19) A violation of this section is neither a traffic
 2775  infraction nor a criminal offense, nor does being detained
 2776  pursuant to this section constitute an arrest. A violation of
 2777  this section is subject to the administrative action provisions
 2778  of this section, which are administered by the department
 2779  through its administrative processes. Administrative actions
 2780  taken pursuant to this section shall be recorded in the motor
 2781  vehicle records maintained by the department. This section does
 2782  not bar prosecution under s. 316.193. However, if the department
 2783  suspends a person’s license under s. 322.2615 for a violation of
 2784  s. 316.193, it may not also suspend the person’s license under
 2785  this section for the same episode that was the basis for the
 2786  suspension under s. 322.2615.
 2787         Section 47. Subsections (4) and (5) of section 322.271,
 2788  Florida Statutes, are amended, and subsection (7) is added to
 2789  that section, to read:
 2790         322.271 Authority to modify revocation, cancellation, or
 2791  suspension order.—
 2792         (4) Notwithstanding the provisions of s. 322.28(2)(d)
 2793  322.28(2)(e), a person whose driving privilege has been
 2794  permanently revoked because he or she has been convicted of DUI
 2795  manslaughter in violation of s. 316.193 and has no prior
 2796  convictions for DUI-related offenses may, upon the expiration of
 2797  5 years after the date of such revocation or the expiration of 5
 2798  years after the termination of any term of incarceration under
 2799  s. 316.193 or former s. 316.1931, whichever date is later,
 2800  petition the department for reinstatement of his or her driving
 2801  privilege.
 2802         (a) Within 30 days after the receipt of such a petition,
 2803  the department shall afford the petitioner an opportunity for a
 2804  hearing. At the hearing, the petitioner must demonstrate to the
 2805  department that he or she:
 2806         1. Has not been arrested for a drug-related offense during
 2807  the 5 years preceding the filing of the petition;
 2808         2. Has not driven a motor vehicle without a license for at
 2809  least 5 years prior to the hearing;
 2810         3. Has been drug-free for at least 5 years prior to the
 2811  hearing; and
 2812         4. Has completed a DUI program licensed by the department.
 2813         (b) At such hearing, the department shall determine the
 2814  petitioner’s qualification, fitness, and need to drive. Upon
 2815  such determination, the department may, in its discretion,
 2816  reinstate the driver driver’s license of the petitioner. Such
 2817  reinstatement must be made subject to the following
 2818  qualifications:
 2819         1. The license must be restricted for employment purposes
 2820  for at least not less than 1 year; and
 2821         2. Such person must be supervised by a DUI program licensed
 2822  by the department and report to the program for such supervision
 2823  and education at least four times a year or additionally as
 2824  required by the program for the remainder of the revocation
 2825  period. Such supervision shall include evaluation, education,
 2826  referral into treatment, and other activities required by the
 2827  department.
 2828         (c) Such person must assume the reasonable costs of
 2829  supervision. If such person fails to comply with the required
 2830  supervision, the program shall report the failure to the
 2831  department, and the department shall cancel such person’s
 2832  driving privilege.
 2833         (d) If, after reinstatement, such person is convicted of an
 2834  offense for which mandatory revocation of his or her license is
 2835  required, the department shall revoke his or her driving
 2836  privilege.
 2837         (e) The department shall adopt rules regulating the
 2838  providing of services by DUI programs pursuant to this section.
 2839         (5) Notwithstanding the provisions of s. 322.28(2)(d)
 2840  322.28(2)(e), a person whose driving privilege has been
 2841  permanently revoked because he or she has been convicted four or
 2842  more times of violating s. 316.193 or former s. 316.1931 may,
 2843  upon the expiration of 5 years after the date of the last
 2844  conviction or the expiration of 5 years after the termination of
 2845  any incarceration under s. 316.193 or former s. 316.1931,
 2846  whichever is later, petition the department for reinstatement of
 2847  his or her driving privilege.
 2848         (a) Within 30 days after receipt of a petition, the
 2849  department shall provide for a hearing, at which the petitioner
 2850  must demonstrate that he or she:
 2851         1. Has not been arrested for a drug-related offense for at
 2852  least 5 years prior to filing the petition;
 2853         2. Has not driven a motor vehicle without a license for at
 2854  least 5 years prior to the hearing;
 2855         3. Has been drug-free for at least 5 years prior to the
 2856  hearing; and
 2857         4. Has completed a DUI program licensed by the department.
 2858         (b) At the hearing, the department shall determine the
 2859  petitioner’s qualification, fitness, and need to drive, and may,
 2860  after such determination, reinstate the petitioner’s driver
 2861  driver’s license. The reinstatement shall be subject to the
 2862  following qualifications:
 2863         1. The petitioner’s license must be restricted for
 2864  employment purposes for at least not less than 1 year; and
 2865         2. The petitioner must be supervised by a DUI program
 2866  licensed by the department and must report to the program for
 2867  supervision and education at least four times a year or more, as
 2868  required by the program, for the remainder of the revocation
 2869  period. The supervision shall include evaluation, education,
 2870  referral into treatment, and other activities required by the
 2871  department.
 2872         (c) The petitioner must assume the reasonable costs of
 2873  supervision. If the petitioner does not comply with the required
 2874  supervision, the program shall report the failure to the
 2875  department, and the department shall cancel such person’s
 2876  driving privilege.
 2877         (d) If, after reinstatement, the petitioner is convicted of
 2878  an offense for which mandatory license revocation is required,
 2879  the department shall revoke his or her driving privilege.
 2880         (e) The department shall adopt rules regulating the
 2881  services provided by DUI programs pursuant to this section.
 2882         (7) A person who has never had a driver license suspended
 2883  under s. 322.2615, has never been disqualified under s. 322.64,
 2884  has never been convicted of a violation of s. 316.193, has never
 2885  applied for a business purposes only license, as defined in this
 2886  section, whose driving privilege has been suspended pursuant to
 2887  this section may apply for a business purposes only driver
 2888  license without a hearing if the person meets the requirements
 2889  of this section and s. 322.291, and is otherwise eligible for a
 2890  driver license.
 2891         (a) For purposes of this subsection, a previous conviction
 2892  outside of this state for driving under the influence, driving
 2893  while intoxicated, driving with an unlawful blood-alcohol level,
 2894  or any other alcohol-related or drug-related traffic offense
 2895  similar to the offense of driving under the influence as
 2896  provided in s. 316.193 will be considered a previous conviction
 2897  for a violation of s. 316.193, and a conviction for violation of
 2898  former s. 316.028, former s. 316.1931, or former s. 860.01 is
 2899  considered a conviction for a violation of s. 316.193.
 2900         (b) The reinstatement shall be restricted to business
 2901  purposes only for the duration of the suspension imposed under
 2902  s. 322.2615.
 2903         (c)Acceptance of the reinstated driving privilege as
 2904  provided in this subsection is deemed a waiver of the right to
 2905  formal and informal review under s. 322.2615. The waiver may not
 2906  be used as evidence in any other proceeding.
 2907         Section 48. Section 322.2715, Florida Statutes, is amended
 2908  to read:
 2909         322.2715 Ignition interlock device.—
 2910         (1) Before issuing a permanent or restricted driver
 2911  driver’s license under this chapter, the department shall
 2912  require the placement of a department-approved ignition
 2913  interlock device for any person convicted of committing an
 2914  offense of driving under the influence as specified in
 2915  subsection (3), except that consideration may be given to those
 2916  individuals having a documented medical condition that would
 2917  prohibit the device from functioning normally. If a medical
 2918  waiver has been granted for a convicted person seeking a
 2919  restricted license, the convicted person shall not be entitled
 2920  to a restricted license until the required ignition interlock
 2921  device installation period under subsection (3) expires, in
 2922  addition to the time requirements under s. 322.271. If a medical
 2923  waiver has been approved for a convicted person seeking
 2924  permanent reinstatement of the driver license, the convicted
 2925  person must be restricted to an employment-purposes-only license
 2926  and be supervised by a licensed DUI program until the required
 2927  ignition interlock device installation period under subsection
 2928  (3) expires. An interlock device shall be placed on all vehicles
 2929  that are individually or jointly leased or owned and routinely
 2930  operated by the convicted person.
 2931         (2) For purposes of this section, any conviction for a
 2932  violation of s. 316.193, a previous conviction for a violation
 2933  of former s. 316.1931, or a conviction outside this state for
 2934  driving under the influence, driving while intoxicated, driving
 2935  with an unlawful blood-alcohol level, or any other similar
 2936  alcohol-related or drug-related traffic offense is a conviction
 2937  of driving under the influence.
 2938         (3) If the person is convicted of:
 2939         (a) A first offense of driving under the influence under s.
 2940  316.193 and has an unlawful blood-alcohol level or breath
 2941  alcohol level as specified in s. 316.193(4), or if a person is
 2942  convicted of a violation of s. 316.193 and was at the time of
 2943  the offense accompanied in the vehicle by a person younger than
 2944  18 years of age, the person shall have the ignition interlock
 2945  device installed for at least not less than 6 continuous months
 2946  for the first offense and for at least not less than 2
 2947  continuous years for a second offense.
 2948         (b) A second offense of driving under the influence, the
 2949  ignition interlock device shall be installed for a period of at
 2950  least not less than 1 continuous year.
 2951         (c) A third offense of driving under the influence which
 2952  occurs within 10 years after a prior conviction for a violation
 2953  of s. 316.193, the ignition interlock device shall be installed
 2954  for a period of at least not less than 2 continuous years.
 2955         (d) A third offense of driving under the influence which
 2956  occurs more than 10 years after the date of a prior conviction,
 2957  the ignition interlock device shall be installed for a period of
 2958  at least not less than 2 continuous years.
 2959         (e) A fourth or subsequent offense of driving under the
 2960  influence, the ignition interlock device shall be installed for
 2961  a period of at least not less than 5 years.
 2962         (4) If the court fails to order the mandatory placement of
 2963  the ignition interlock device or fails to order for the
 2964  applicable period the mandatory placement of an ignition
 2965  interlock device under s. 316.193 or s. 316.1937 at the time of
 2966  imposing sentence or within 30 days thereafter, the department
 2967  shall immediately require that the ignition interlock device be
 2968  installed as provided in this section, except that consideration
 2969  may be given to those individuals having a documented medical
 2970  condition that would prohibit the device from functioning
 2971  normally. This subsection applies to the reinstatement of the
 2972  driving privilege following a revocation, suspension, or
 2973  cancellation that is based upon a conviction for the offense of
 2974  driving under the influence which occurs on or after July 1,
 2975  2005.
 2976         (5) In addition to any fees authorized by rule for the
 2977  installation and maintenance of the ignition interlock device,
 2978  the authorized installer of the device shall collect and remit
 2979  $12 for each installation to the department, which shall be
 2980  deposited into the Highway Safety Operating Trust Fund to be
 2981  used for the operation of the Ignition Interlock Device Program.
 2982         Section 49. Section 322.28, Florida Statutes, is amended to
 2983  read:
 2984         322.28 Period of suspension or revocation.—
 2985         (1) Unless otherwise provided by this section, the
 2986  department shall not suspend a license for a period of more than
 2987  1 year and, upon revoking a license, in any case except in a
 2988  prosecution for the offense of driving a motor vehicle while
 2989  under the influence of alcoholic beverages, chemical substances
 2990  as set forth in s. 877.111, or controlled substances, shall not
 2991  in any event grant a new license until the expiration of 1 year
 2992  after such revocation.
 2993         (2) In a prosecution for a violation of s. 316.193 or
 2994  former s. 316.1931, the following provisions apply:
 2995         (a) Upon conviction of the driver, the court, along with
 2996  imposing sentence, shall revoke the driver driver’s license or
 2997  driving privilege of the person so convicted, effective on the
 2998  date of conviction, and shall prescribe the period of such
 2999  revocation in accordance with the following provisions:
 3000         1. Upon a first conviction for a violation of the
 3001  provisions of s. 316.193, except a violation resulting in death,
 3002  the driver driver’s license or driving privilege shall be
 3003  revoked for at least not less than 180 days but not or more than
 3004  1 year.
 3005         2. Upon a second conviction for an offense that occurs
 3006  within a period of 5 years after the date of a prior conviction
 3007  for a violation of the provisions of s. 316.193 or former s.
 3008  316.1931 or a combination of such sections, the driver driver’s
 3009  license or driving privilege shall be revoked for at least not
 3010  less than 5 years.
 3011         3. Upon a third conviction for an offense that occurs
 3012  within a period of 10 years after the date of a prior conviction
 3013  for the violation of the provisions of s. 316.193 or former s.
 3014  316.1931 or a combination of such sections, the driver driver’s
 3015  license or driving privilege shall be revoked for at least not
 3016  less than 10 years.
 3017  
 3018  For the purposes of this paragraph, a previous conviction
 3019  outside this state for driving under the influence, driving
 3020  while intoxicated, driving with an unlawful blood-alcohol level,
 3021  or any other alcohol-related or drug-related traffic offense
 3022  similar to the offense of driving under the influence as
 3023  proscribed by s. 316.193 will be considered a previous
 3024  conviction for violation of s. 316.193, and a conviction for
 3025  violation of former s. 316.028, former s. 316.1931, or former s.
 3026  860.01 is considered a conviction for violation of s. 316.193.
 3027         (b) If the period of revocation was not specified by the
 3028  court at the time of imposing sentence or within 30 days
 3029  thereafter, and is not otherwise specified by law, the
 3030  department shall forthwith revoke the driver driver’s license or
 3031  driving privilege for the maximum period applicable under
 3032  paragraph (a) for a first conviction and for the minimum period
 3033  applicable under paragraph (a) for any subsequent convictions.
 3034  The driver may, within 30 days after such revocation by the
 3035  department, petition the court for further hearing on the period
 3036  of revocation, and the court may reopen the case and determine
 3037  the period of revocation within the limits specified in
 3038  paragraph (a).
 3039         (c) The forfeiture of bail bond, not vacated within 20
 3040  days, in any prosecution for the offense of driving while under
 3041  the influence of alcoholic beverages, chemical substances, or
 3042  controlled substances to the extent of depriving the defendant
 3043  of his or her normal faculties shall be deemed equivalent to a
 3044  conviction for the purposes of this paragraph, and the
 3045  department shall forthwith revoke the defendant’s driver
 3046  driver’s license or driving privilege for the maximum period
 3047  applicable under paragraph (a) for a first conviction and for
 3048  the minimum period applicable under paragraph (a) for a second
 3049  or subsequent conviction; however, if the defendant is later
 3050  convicted of the charge, the period of revocation imposed by the
 3051  department for such conviction shall not exceed the difference
 3052  between the applicable maximum for a first conviction or minimum
 3053  for a second or subsequent conviction and the revocation period
 3054  under this subsection that has actually elapsed; upon conviction
 3055  of such charge, the court may impose revocation for a period of
 3056  time as specified in paragraph (a). This paragraph does not
 3057  apply if an appropriate motion contesting the forfeiture is
 3058  filed within the 20-day period.
 3059         (d) When any driver’s license or driving privilege has been
 3060  revoked pursuant to the provisions of this section, the
 3061  department shall not grant a new license, except upon
 3062  reexamination of the licensee after the expiration of the period
 3063  of revocation so prescribed. However, the court may, in its
 3064  sound discretion, issue an order of reinstatement on a form
 3065  furnished by the department which the person may take to any
 3066  driver’s license examining office for reinstatement by the
 3067  department pursuant to s. 322.282.
 3068         (d)(e) The court shall permanently revoke the driver
 3069  driver’s license or driving privilege of a person who has been
 3070  convicted four times for violation of s. 316.193 or former s.
 3071  316.1931 or a combination of such sections. The court shall
 3072  permanently revoke the driver driver’s license or driving
 3073  privilege of any person who has been convicted of DUI
 3074  manslaughter in violation of s. 316.193. If the court has not
 3075  permanently revoked such driver driver’s license or driving
 3076  privilege within 30 days after imposing sentence, the department
 3077  shall permanently revoke the driver driver’s license or driving
 3078  privilege pursuant to this paragraph. No driver driver’s license
 3079  or driving privilege may be issued or granted to any such
 3080  person. This paragraph applies only if at least one of the
 3081  convictions for violation of s. 316.193 or former s. 316.1931
 3082  was for a violation that occurred after July 1, 1982. For the
 3083  purposes of this paragraph, a conviction for violation of former
 3084  s. 316.028, former s. 316.1931, or former s. 860.01 is also
 3085  considered a conviction for violation of s. 316.193. Also, a
 3086  conviction of driving under the influence, driving while
 3087  intoxicated, driving with an unlawful blood-alcohol level, or
 3088  any other similar alcohol-related or drug-related traffic
 3089  offense outside this state is considered a conviction for the
 3090  purposes of this paragraph.
 3091         (e) Convictions that occur on the same date resulting from
 3092  separate offense dates shall be treated as separate convictions,
 3093  and the offense that occurred earlier will be deemed a prior
 3094  conviction for the purposes of this section.
 3095         (3) The court shall permanently revoke the driver driver’s
 3096  license or driving privilege of a person who has been convicted
 3097  of murder resulting from the operation of a motor vehicle. No
 3098  driver driver’s license or driving privilege may be issued or
 3099  granted to any such person.
 3100         (4)(a) Upon a conviction for a violation of s.
 3101  316.193(3)(c)2., involving serious bodily injury, a conviction
 3102  of manslaughter resulting from the operation of a motor vehicle,
 3103  or a conviction of vehicular homicide, the court shall revoke
 3104  the driver driver’s license of the person convicted for a
 3105  minimum period of 3 years. If a conviction under s.
 3106  316.193(3)(c)2., involving serious bodily injury, is also a
 3107  subsequent conviction as described under paragraph (2)(a), the
 3108  court shall revoke the driver driver’s license or driving
 3109  privilege of the person convicted for the period applicable as
 3110  provided in paragraph (2)(a) or paragraph (2)(d) (2)(e).
 3111         (b) If the period of revocation was not specified by the
 3112  court at the time of imposing sentence or within 30 days
 3113  thereafter, the department shall revoke the driver driver’s
 3114  license for the minimum period applicable under paragraph (a)
 3115  or, for a subsequent conviction, for the minimum period
 3116  applicable under paragraph (2)(a) or paragraph (2)(d) (2)(e).
 3117         (5) A court may not stay the administrative suspension of a
 3118  driving privilege under s. 322.2615 or s. 322.2616 during
 3119  judicial review of the departmental order that resulted in such
 3120  suspension, and a suspension or revocation of a driving
 3121  privilege may not be stayed upon an appeal of the conviction or
 3122  order that resulted in the suspension or revocation.
 3123         (6) In a prosecution for a violation of s. 316.172(1), and
 3124  upon a showing of the department’s records that the licensee has
 3125  received a second conviction within 5 years following the date
 3126  of a prior conviction of s. 316.172(1), the department shall,
 3127  upon direction of the court, suspend the driver driver’s license
 3128  of the person convicted for a period of at least not less than
 3129  90 days but not or more than 6 months.
 3130         (7) Following a second or subsequent violation of s.
 3131  796.07(2)(f) which involves a motor vehicle and which results in
 3132  any judicial disposition other than acquittal or dismissal, in
 3133  addition to any other sentence imposed, the court shall revoke
 3134  the person’s driver driver’s license or driving privilege,
 3135  effective upon the date of the disposition, for a period of at
 3136  least not less than 1 year. A person sentenced under this
 3137  subsection may request a hearing under s. 322.271.
 3138         Section 50. Section 322.331, Florida Statutes, is repealed.
 3139         Section 51. Section 322.61, Florida Statutes, is amended to
 3140  read:
 3141         322.61 Disqualification from operating a commercial motor
 3142  vehicle.—
 3143         (1) A person who, for offenses occurring within a 3-year
 3144  period, is convicted of two of the following serious traffic
 3145  violations or any combination thereof, arising in separate
 3146  incidents committed in a commercial motor vehicle shall, in
 3147  addition to any other applicable penalties, be disqualified from
 3148  operating a commercial motor vehicle for a period of 60 days. A
 3149  holder of a commercial driver driver’s license or commercial
 3150  learner’s permit who, for offenses occurring within a 3-year
 3151  period, is convicted of two of the following serious traffic
 3152  violations, or any combination thereof, arising in separate
 3153  incidents committed in a noncommercial motor vehicle shall, in
 3154  addition to any other applicable penalties, be disqualified from
 3155  operating a commercial motor vehicle for a period of 60 days if
 3156  such convictions result in the suspension, revocation, or
 3157  cancellation of the licenseholder’s driving privilege:
 3158         (a) A violation of any state or local law relating to motor
 3159  vehicle traffic control, other than a parking violation, a
 3160  weight violation, or a vehicle equipment violation, arising in
 3161  connection with a crash resulting in death or personal injury to
 3162  any person;
 3163         (b) Reckless driving, as defined in s. 316.192;
 3164         (c) Careless driving, as defined in s. 316.1925;
 3165         (d) Fleeing or attempting to elude a law enforcement
 3166  officer, as defined in s. 316.1935;
 3167         (c)(e) Unlawful speed of 15 miles per hour or more above
 3168  the posted speed limit;
 3169         (f) Driving a commercial motor vehicle, owned by such
 3170  person, which is not properly insured;
 3171         (d)(g) Improper lane change, as defined in s. 316.085;
 3172         (e)(h) Following too closely, as defined in s. 316.0895;
 3173         (f)(i) Driving a commercial vehicle without obtaining a
 3174  commercial driver driver’s license;
 3175         (g)(j) Driving a commercial vehicle without the proper
 3176  class of commercial driver driver’s license or commercial
 3177  learner’s permit or without the proper endorsement; or
 3178         (h)(k) Driving a commercial vehicle without a commercial
 3179  driver driver’s license or commercial learner’s permit in
 3180  possession, as required by s. 322.03. Any individual who
 3181  provides proof to the clerk of the court or designated official
 3182  in the jurisdiction where the citation was issued, by the date
 3183  the individual must appear in court or pay any fine for such a
 3184  violation, that the individual held a valid commercial driver’s
 3185  license on the date the citation was issued is not guilty of
 3186  this offense.
 3187         (2)(a) Any person who, for offenses occurring within a 3
 3188  year period, is convicted of three serious traffic violations
 3189  specified in subsection (1) or any combination thereof, arising
 3190  in separate incidents committed in a commercial motor vehicle
 3191  shall, in addition to any other applicable penalties, including
 3192  but not limited to the penalty provided in subsection (1), be
 3193  disqualified from operating a commercial motor vehicle for a
 3194  period of 120 days.
 3195         (b) A holder of a commercial driver driver’s license or
 3196  commercial learner’s permit who, for offenses occurring within a
 3197  3-year period, is convicted of three serious traffic violations
 3198  specified in subsection (1) or any combination thereof arising
 3199  in separate incidents committed in a noncommercial motor vehicle
 3200  shall, in addition to any other applicable penalties, including,
 3201  but not limited to, the penalty provided in subsection (1), be
 3202  disqualified from operating a commercial motor vehicle for a
 3203  period of 120 days if such convictions result in the suspension,
 3204  revocation, or cancellation of the licenseholder’s driving
 3205  privilege.
 3206         (3)(a) Except as provided in subsection (4), any person who
 3207  is convicted of one of the offenses listed in paragraph (b)
 3208  while operating a commercial motor vehicle shall, in addition to
 3209  any other applicable penalties, be disqualified from operating a
 3210  commercial motor vehicle for a period of 1 year.
 3211         (b) Except as provided in subsection (4), any holder of a
 3212  commercial driver license or commercial learner’s permit who is
 3213  convicted of one of the offenses listed in this paragraph while
 3214  operating a noncommercial motor vehicle shall, in addition to
 3215  any other applicable penalties, be disqualified from operating a
 3216  commercial motor vehicle for a period of 1 year:
 3217         1. Driving a motor vehicle while he or she is under the
 3218  influence of alcohol or a controlled substance;
 3219         2. Driving a commercial motor vehicle while the alcohol
 3220  concentration of his or her blood, breath, or urine is .04
 3221  percent or higher;
 3222         3. Leaving the scene of a crash involving a motor vehicle
 3223  driven by such person;
 3224         4. Using a motor vehicle in the commission of a felony;
 3225         5. Driving a commercial motor vehicle while in possession
 3226  of a controlled substance;
 3227         5.6. Refusing to submit to a test to determine his or her
 3228  alcohol concentration while driving a motor vehicle;
 3229         6. Driving a commercial motor vehicle when, as a result of
 3230  prior violations committed operating a commercial motor vehicle,
 3231  his or her commercial driver license or commercial learner’s
 3232  permit is revoked, suspended, or canceled, or he or she is
 3233  disqualified from operating a commercial motor vehicle; or
 3234         7. Driving a commercial vehicle while the licenseholder’s
 3235  commercial driver license is suspended, revoked, or canceled or
 3236  while the licenseholder is disqualified from driving a
 3237  commercial vehicle; or
 3238         7.8. Causing a fatality through the negligent operation of
 3239  a commercial motor vehicle.
 3240         (4) Any person who is transporting hazardous materials as
 3241  defined in s. 322.01(24) shall, upon conviction of an offense
 3242  specified in subsection (3), be disqualified from operating a
 3243  commercial motor vehicle for a period of 3 years. The penalty
 3244  provided in this subsection shall be in addition to any other
 3245  applicable penalty.
 3246         (5) A person who is convicted of two violations specified
 3247  in subsection (3) which were committed while operating a
 3248  commercial motor vehicle, or any combination thereof, arising in
 3249  separate incidents shall be permanently disqualified from
 3250  operating a commercial motor vehicle. A holder of a commercial
 3251  driver license or commercial learner’s permit who is convicted
 3252  of two violations specified in subsection (3) which were
 3253  committed while operating any motor vehicle arising in separate
 3254  incidents shall be permanently disqualified from operating a
 3255  commercial motor vehicle. The penalty provided in this
 3256  subsection is in addition to any other applicable penalty.
 3257         (6) Notwithstanding subsections (3), (4), and (5), any
 3258  person who uses a commercial motor vehicle in the commission of
 3259  any felony involving the manufacture, distribution, or
 3260  dispensing of a controlled substance, including possession with
 3261  intent to manufacture, distribute, or dispense a controlled
 3262  substance, shall, upon conviction of such felony, be permanently
 3263  disqualified from operating a commercial motor vehicle.
 3264  Notwithstanding subsections (3), (4), and (5), any holder of a
 3265  commercial driver driver’s license or commercial learner’s
 3266  permit who uses a noncommercial motor vehicle in the commission
 3267  of any felony involving the manufacture, distribution, or
 3268  dispensing of a controlled substance, including possession with
 3269  intent to manufacture, distribute, or dispense a controlled
 3270  substance, shall, upon conviction of such felony, be permanently
 3271  disqualified from operating a commercial motor vehicle. The
 3272  penalty provided in this subsection is in addition to any other
 3273  applicable penalty.
 3274         (7) A person whose privilege to operate a commercial motor
 3275  vehicle is disqualified under this section may, if otherwise
 3276  qualified, be issued a Class E driver driver’s license, pursuant
 3277  to s. 322.251.
 3278         (8) A driver who is convicted of or otherwise found to have
 3279  committed a violation of an out-of-service order while driving a
 3280  commercial motor vehicle is disqualified as follows:
 3281         (a) At least Not less than 180 days but not nor more than 1
 3282  year if the driver is convicted of or otherwise found to have
 3283  committed a first violation of an out-of-service order.
 3284         (b) At least Not less than 2 years but not nor more than 5
 3285  years if, for offenses occurring during any 10-year period, the
 3286  driver is convicted of or otherwise found to have committed two
 3287  violations of out-of-service orders in separate incidents.
 3288         (c) At least Not less than 3 years but not nor more than 5
 3289  years if, for offenses occurring during any 10-year period, the
 3290  driver is convicted of or otherwise found to have committed
 3291  three or more violations of out-of-service orders in separate
 3292  incidents.
 3293         (d) At least Not less than 180 days but not nor more than 2
 3294  years if the driver is convicted of or otherwise found to have
 3295  committed a first violation of an out-of-service order while
 3296  transporting hazardous materials required to be placarded under
 3297  the Hazardous Materials Transportation Act, 49 U.S.C. ss. 5101
 3298  et seq., or while operating motor vehicles designed to transport
 3299  more than 15 passengers, including the driver. A driver is
 3300  disqualified for a period of at least not less than 3 years but
 3301  not nor more than 5 years if, for offenses occurring during any
 3302  10-year period, the driver is convicted of or otherwise found to
 3303  have committed any subsequent violations of out-of-service
 3304  orders, in separate incidents, while transporting hazardous
 3305  materials required to be placarded under the Hazardous Materials
 3306  Transportation Act, 49 U.S.C. ss. 5101 et seq., or while
 3307  operating motor vehicles designed to transport more than 15
 3308  passengers, including the driver.
 3309         (9) A driver who is convicted of or otherwise found to have
 3310  committed an offense of operating a commercial motor vehicle in
 3311  violation of federal, state, or local law or regulation
 3312  pertaining to one of the following six offenses at a railroad
 3313  highway grade crossing must be disqualified for the period of
 3314  time specified in subsection (10):
 3315         (a) For drivers who are not always required to stop,
 3316  failing to slow down and check that the tracks are clear of
 3317  approaching trains.
 3318         (b) For drivers who are not always required to stop,
 3319  failing to stop before reaching the crossing if the tracks are
 3320  not clear.
 3321         (c) For drivers who are always required to stop, failing to
 3322  stop before driving onto the crossing.
 3323         (d) For all drivers, failing to have sufficient space to
 3324  drive completely through the crossing without stopping.
 3325         (e) For all drivers, failing to obey a traffic control
 3326  device or all directions of an enforcement official at the
 3327  crossing.
 3328         (f) For all drivers, failing to negotiate a crossing
 3329  because of insufficient undercarriage clearance.
 3330         (10)(a) A driver must be disqualified for at least not less
 3331  than 60 days if the driver is convicted of or otherwise found to
 3332  have committed a first violation of a railroad-highway grade
 3333  crossing violation.
 3334         (b) A driver must be disqualified for at least not less
 3335  than 120 days if, for offenses occurring during any 3-year
 3336  period, the driver is convicted of or otherwise found to have
 3337  committed a second railroad-highway grade crossing violation in
 3338  separate incidents.
 3339         (c) A driver must be disqualified for at least not less
 3340  than 1 year if, for offenses occurring during any 3-year period,
 3341  the driver is convicted of or otherwise found to have committed
 3342  a third or subsequent railroad-highway grade crossing violation
 3343  in separate incidents.
 3344         Section 52. Section 322.64, Florida Statutes, is amended to
 3345  read:
 3346         322.64 Holder of commercial driver driver’s license;
 3347  persons operating a commercial motor vehicle; driving with
 3348  unlawful blood-alcohol level; refusal to submit to breath,
 3349  urine, or blood test.—
 3350         (1)(a) A law enforcement officer or correctional officer
 3351  shall, on behalf of the department, disqualify from operating
 3352  any commercial motor vehicle a person who while operating or in
 3353  actual physical control of a commercial motor vehicle is
 3354  arrested for a violation of s. 316.193, relating to unlawful
 3355  blood-alcohol level or breath-alcohol level, or a person who has
 3356  refused to submit to a breath, urine, or blood test authorized
 3357  by s. 322.63 or s. 316.1932 arising out of the operation or
 3358  actual physical control of a commercial motor vehicle. A law
 3359  enforcement officer or correctional officer shall, on behalf of
 3360  the department, disqualify the holder of a commercial driver
 3361  driver’s license from operating any commercial motor vehicle if
 3362  the licenseholder, while operating or in actual physical control
 3363  of a motor vehicle, is arrested for a violation of s. 316.193,
 3364  relating to unlawful blood-alcohol level or breath-alcohol
 3365  level, or refused to submit to a breath, urine, or blood test
 3366  authorized by s. 322.63 or s. 316.1932. Upon disqualification of
 3367  the person, the officer shall take the person’s driver driver’s
 3368  license and issue the person a 10-day temporary permit for the
 3369  operation of noncommercial vehicles only if the person is
 3370  otherwise eligible for the driving privilege and shall issue the
 3371  person a notice of disqualification. If the person has been
 3372  given a blood, breath, or urine test, the results of which are
 3373  not available to the officer at the time of the arrest, the
 3374  agency employing the officer shall transmit such results to the
 3375  department within 5 days after receipt of the results. If the
 3376  department then determines that the person had a blood-alcohol
 3377  level or breath-alcohol level of 0.08 or higher, the department
 3378  shall disqualify the person from operating a commercial motor
 3379  vehicle pursuant to subsection (3).
 3380         (b) For purposes of determining the period of
 3381  disqualification described in 49 C.F.R. s. 383.51, a
 3382  disqualification under paragraph (a) shall be considered a
 3383  conviction.
 3384         (c)(b) The disqualification under paragraph (a) shall be
 3385  pursuant to, and the notice of disqualification shall inform the
 3386  driver of, the following:
 3387         1.a. The driver refused to submit to a lawful breath,
 3388  blood, or urine test and he or she is disqualified from
 3389  operating a commercial motor vehicle for the time period
 3390  specified in 49 C.F.R. s. 383.51 for a period of 1 year, for a
 3391  first refusal, or permanently, if he or she has previously been
 3392  disqualified under this section; or
 3393         b. The driver had an unlawful blood-alcohol level of 0.08
 3394  or higher while was driving or in actual physical control of a
 3395  commercial motor vehicle, or any motor vehicle if the driver
 3396  holds a commercial driver driver’s license, had an unlawful
 3397  blood-alcohol level or breath-alcohol level of 0.08 or higher,
 3398  and his or her driving privilege is shall be disqualified for
 3399  the time period specified in 49 C.F.R. s. 383.51 a period of 1
 3400  year for a first offense or permanently disqualified if his or
 3401  her driving privilege has been previously disqualified under
 3402  this section.
 3403         2. The disqualification period for operating commercial
 3404  vehicles shall commence on the date of issuance of the notice of
 3405  disqualification.
 3406         3. The driver may request a formal or informal review of
 3407  the disqualification by the department within 10 days after the
 3408  date of issuance of the notice of disqualification.
 3409         4. The temporary permit issued at the time of
 3410  disqualification expires at midnight of the 10th day following
 3411  the date of disqualification.
 3412         5. The driver may submit to the department any materials
 3413  relevant to the disqualification.
 3414         (2)(a) Except as provided in paragraph (1)(a), the law
 3415  enforcement officer shall forward to the department, within 5
 3416  days after the date of the issuance of the notice of
 3417  disqualification, a copy of the notice of disqualification, the
 3418  driver driver’s license of the person disqualified, and an
 3419  affidavit stating the officer’s grounds for belief that the
 3420  person disqualified was operating or in actual physical control
 3421  of a commercial motor vehicle, or holds a commercial driver
 3422  driver’s license, and had an unlawful blood-alcohol or breath
 3423  alcohol level; the results of any breath or blood or urine test
 3424  or an affidavit stating that a breath, blood, or urine test was
 3425  requested by a law enforcement officer or correctional officer
 3426  and that the person arrested refused to submit; a copy of the
 3427  notice of disqualification issued to the person; and the
 3428  officer’s description of the person’s field sobriety test, if
 3429  any. The failure of the officer to submit materials within the
 3430  5-day period specified in this subsection or subsection (1) does
 3431  not affect the department’s ability to consider any evidence
 3432  submitted at or prior to the hearing.
 3433         (b) The officer may also submit a copy of a video recording
 3434  videotape of the field sobriety test or the attempt to
 3435  administer such test and a copy of the crash report, if any.
 3436  Notwithstanding s. 316.066, the crash report shall be considered
 3437  by the hearing officer.
 3438         (3) If the department determines that the person arrested
 3439  should be disqualified from operating a commercial motor vehicle
 3440  pursuant to this section and if the notice of disqualification
 3441  has not already been served upon the person by a law enforcement
 3442  officer or correctional officer as provided in subsection (1),
 3443  the department shall issue a notice of disqualification and,
 3444  unless the notice is mailed pursuant to s. 322.251, a temporary
 3445  permit which expires 10 days after the date of issuance if the
 3446  driver is otherwise eligible.
 3447         (4) If the person disqualified requests an informal review
 3448  pursuant to subparagraph (1)(c)3. (1)(b)3., the department shall
 3449  conduct the informal review by a hearing officer designated
 3450  employed by the department. Such informal review hearing shall
 3451  consist solely of an examination by the department of the
 3452  materials submitted by a law enforcement officer or correctional
 3453  officer and by the person disqualified, and the presence of an
 3454  officer or witness is not required.
 3455         (5) After completion of the informal review, notice of the
 3456  department’s decision sustaining, amending, or invalidating the
 3457  disqualification must be provided to the person. Such notice
 3458  must be mailed to the person at the last known address shown on
 3459  the department’s records, and to the address provided in the law
 3460  enforcement officer’s report if such address differs from the
 3461  address of record, within 21 days after the expiration of the
 3462  temporary permit issued pursuant to subsection (1) or subsection
 3463  (3).
 3464         (6)(a) If the person disqualified requests a formal review,
 3465  the department must schedule a hearing to be held within 30 days
 3466  after such request is received by the department and must notify
 3467  the person of the date, time, and place of the hearing.
 3468         (b) Such formal review hearing shall be held before a
 3469  hearing officer designated employed by the department, and the
 3470  hearing officer shall be authorized to administer oaths, examine
 3471  witnesses and take testimony, receive relevant evidence, issue
 3472  subpoenas for the officers and witnesses identified in documents
 3473  provided under paragraph (2)(a) as provided in subsection (2),
 3474  regulate the course and conduct of the hearing, and make a
 3475  ruling on the disqualification. The hearing officer may conduct
 3476  hearings using communications technology. The department and the
 3477  person disqualified may subpoena witnesses, and the party
 3478  requesting the presence of a witness shall be responsible for
 3479  the payment of any witness fees. If the person who requests a
 3480  formal review hearing fails to appear and the hearing officer
 3481  finds such failure to be without just cause, the right to a
 3482  formal hearing is waived.
 3483         (c) The failure of a subpoenaed witness to appear at the
 3484  formal review hearing shall not be grounds to invalidate the
 3485  disqualification. If a witness fails to appear, a party may seek
 3486  enforcement of a subpoena under paragraph (b) by filing a
 3487  petition for enforcement in the circuit court of the judicial
 3488  circuit in which the person failing to comply with the subpoena
 3489  resides or by filing a motion for enforcement in any criminal
 3490  court case resulting from the driving or actual physical control
 3491  of a motor vehicle or commercial motor vehicle that gave rise to
 3492  the disqualification under this section. A failure to comply
 3493  with an order of the court shall result in a finding of contempt
 3494  of court. However, a person shall not be in contempt while a
 3495  subpoena is being challenged.
 3496         (d) The department must, within 7 working days after a
 3497  formal review hearing, send notice to the person of the hearing
 3498  officer’s decision as to whether sufficient cause exists to
 3499  sustain, amend, or invalidate the disqualification.
 3500         (7) In a formal review hearing under subsection (6) or an
 3501  informal review hearing under subsection (4), the hearing
 3502  officer shall determine by a preponderance of the evidence
 3503  whether sufficient cause exists to sustain, amend, or invalidate
 3504  the disqualification. The scope of the review shall be limited
 3505  to the following issues:
 3506         (a) If the person was disqualified from operating a
 3507  commercial motor vehicle for driving with an unlawful blood
 3508  alcohol level:
 3509         1. Whether the arresting law enforcement officer had
 3510  probable cause to believe that the person was driving or in
 3511  actual physical control of a commercial motor vehicle, or any
 3512  motor vehicle if the driver holds a commercial driver driver’s
 3513  license, in this state while he or she had any alcohol, chemical
 3514  substances, or controlled substances in his or her body.
 3515         2. Whether the person had an unlawful blood-alcohol level
 3516  or breath-alcohol level of 0.08 or higher.
 3517         (b) If the person was disqualified from operating a
 3518  commercial motor vehicle for refusal to submit to a breath,
 3519  blood, or urine test:
 3520         1. Whether the law enforcement officer had probable cause
 3521  to believe that the person was driving or in actual physical
 3522  control of a commercial motor vehicle, or any motor vehicle if
 3523  the driver holds a commercial driver driver’s license, in this
 3524  state while he or she had any alcohol, chemical substances, or
 3525  controlled substances in his or her body.
 3526         2. Whether the person refused to submit to the test after
 3527  being requested to do so by a law enforcement officer or
 3528  correctional officer.
 3529         3. Whether the person was told that if he or she refused to
 3530  submit to such test he or she would be disqualified from
 3531  operating a commercial motor vehicle for a period of 1 year or,
 3532  if previously disqualified under this section, permanently.
 3533         (8) Based on the determination of the hearing officer
 3534  pursuant to subsection (7) for both informal hearings under
 3535  subsection (4) and formal hearings under subsection (6), the
 3536  department shall:
 3537         (a) sustain the disqualification for the time period
 3538  described in 49 C.F.R. s. 383.51 a period of 1 year for a first
 3539  refusal, or permanently if such person has been previously
 3540  disqualified from operating a commercial motor vehicle under
 3541  this section. The disqualification period commences on the date
 3542  of the issuance of the notice of disqualification.
 3543         (b) Sustain the disqualification:
 3544         1. For a period of 1 year if the person was driving or in
 3545  actual physical control of a commercial motor vehicle, or any
 3546  motor vehicle if the driver holds a commercial driver’s license,
 3547  and had an unlawful blood-alcohol level or breath-alcohol level
 3548  of 0.08 or higher; or
 3549         2. Permanently if the person has been previously
 3550  disqualified from operating a commercial motor vehicle under
 3551  this section or his or her driving privilege has been previously
 3552  suspended for driving or being in actual physical control of a
 3553  commercial motor vehicle, or any motor vehicle if the driver
 3554  holds a commercial driver’s license, and had an unlawful blood
 3555  alcohol level or breath-alcohol level of 0.08 or higher.
 3556  
 3557  The disqualification period commences on the date of the
 3558  issuance of the notice of disqualification.
 3559         (9) A request for a formal review hearing or an informal
 3560  review hearing shall not stay the disqualification. If the
 3561  department fails to schedule the formal review hearing to be
 3562  held within 30 days after receipt of the request therefor, the
 3563  department shall invalidate the disqualification. If the
 3564  scheduled hearing is continued at the department’s initiative or
 3565  the driver enforces the subpoena as provided in subsection (6),
 3566  the department shall issue a temporary driving permit limited to
 3567  noncommercial vehicles which is valid until the hearing is
 3568  conducted if the person is otherwise eligible for the driving
 3569  privilege. Such permit shall not be issued to a person who
 3570  sought and obtained a continuance of the hearing. The permit
 3571  issued under this subsection shall authorize driving for
 3572  business purposes only.
 3573         (10) A person who is disqualified from operating a
 3574  commercial motor vehicle under subsection (1) or subsection (3)
 3575  is eligible for issuance of a license for business or employment
 3576  purposes only under s. 322.271 if the person is otherwise
 3577  eligible for the driving privilege. However, such business or
 3578  employment purposes license shall not authorize the driver to
 3579  operate a commercial motor vehicle.
 3580         (11) The formal review hearing may be conducted upon a
 3581  review of the reports of a law enforcement officer or a
 3582  correctional officer, including documents relating to the
 3583  administration of a breath test or blood test or the refusal to
 3584  take either test. However, as provided in subsection (6), the
 3585  driver may subpoena the officer or any person who administered
 3586  or analyzed a breath or blood test. If the arresting officer or
 3587  the breath technician fails to appear pursuant to a subpoena as
 3588  provided in subsection (6), the department shall invalidate the
 3589  disqualification.
 3590         (12) The formal review hearing and the informal review
 3591  hearing are exempt from the provisions of chapter 120. The
 3592  department may is authorized to adopt rules for the conduct of
 3593  reviews under this section.
 3594         (13) A person may appeal any decision of the department
 3595  sustaining the disqualification from operating a commercial
 3596  motor vehicle by a petition for writ of certiorari to the
 3597  circuit court in the county wherein such person resides or
 3598  wherein a formal or informal review was conducted pursuant to s.
 3599  322.31. However, an appeal shall not stay the disqualification.
 3600  This subsection shall not be construed to provide for a de novo
 3601  review appeal.
 3602         (14) The decision of the department under this section
 3603  shall not be considered in any trial for a violation of s.
 3604  316.193, s. 322.61, or s. 322.62, nor shall any written
 3605  statement submitted by a person in his or her request for
 3606  departmental review under this section be admissible into
 3607  evidence against him or her in any such trial. The disposition
 3608  of any related criminal proceedings shall not affect a
 3609  disqualification imposed pursuant to this section.
 3610         (15) This section does not preclude the suspension of the
 3611  driving privilege pursuant to s. 322.2615. The driving privilege
 3612  of a person who has been disqualified from operating a
 3613  commercial motor vehicle also may be suspended for a violation
 3614  of s. 316.193.
 3615         Section 53. Section 323.002, Florida Statutes, is amended
 3616  to read:
 3617         323.002 County and municipal wrecker operator systems;
 3618  penalties for operation outside of system.—
 3619         (1) As used in this section, the term:
 3620         (a) “Authorized wrecker operator” means any wrecker
 3621  operator who has been designated as part of the wrecker operator
 3622  system established by the governmental unit having jurisdiction
 3623  over the scene of a wrecked or disabled vehicle.
 3624         (b) “Unauthorized wrecker operator” means any wrecker
 3625  operator who has not been designated as part of the wrecker
 3626  operator system established by the governmental unit having
 3627  jurisdiction over the scene of a wrecked or disabled vehicle.
 3628         (c) “Wrecker operator system” means a system for the towing
 3629  or removal of wrecked, disabled, or abandoned vehicles, similar
 3630  to the Florida Highway Patrol wrecker operator system described
 3631  in s. 321.051(2), under which a county or municipality contracts
 3632  with one or more wrecker operators for the towing or removal of
 3633  wrecked, disabled, or abandoned vehicles from accident scenes,
 3634  streets, or highways. A wrecker operator system must include a
 3635  requirement that authorized wrecker operators must maintain
 3636  liability insurance of at least $300,000, and on-hook cargo
 3637  insurance of at least $50,000. A wrecker operator system must
 3638  shall include using a method for apportioning the towing
 3639  assignments among the eligible wrecker operators through the
 3640  creation of geographic zones, a rotation schedule, or a
 3641  combination of these methods.
 3642         (2) In any county or municipality that operates a wrecker
 3643  operator system:
 3644         (a) It is unlawful for an unauthorized wrecker operator or
 3645  its employees or agents to monitor police radio for
 3646  communications between patrol field units and the dispatcher in
 3647  order to determine the location of a wrecked or disabled vehicle
 3648  for the purpose of driving by the scene of such vehicle in a
 3649  manner described in paragraph (b) or paragraph (c). Any person
 3650  who violates this paragraph commits is guilty of a noncriminal
 3651  violation, punishable as provided in s. 775.083, and a wrecker,
 3652  tow truck, or other motor vehicle used during the violation may
 3653  be immediately removed and impounded pursuant to subsection (3).
 3654         (b) It is unlawful for an unauthorized wrecker operator to
 3655  drive by the scene of a wrecked or disabled vehicle before the
 3656  arrival of an authorized wrecker operator, initiate contact with
 3657  the owner or operator of such vehicle by soliciting or offering
 3658  towing services, and tow such vehicle. Any person who violates
 3659  this paragraph commits is guilty of a misdemeanor of the second
 3660  degree, punishable as provided in s. 775.082 or s. 775.083, and
 3661  a wrecker, tow truck, or other motor vehicle used during the
 3662  violation may be immediately removed and impounded pursuant to
 3663  subsection (3).
 3664         (c) If when an unauthorized wrecker operator drives by the
 3665  scene of a wrecked or disabled vehicle and the owner or operator
 3666  initiates contact by signaling the wrecker operator to stop and
 3667  provide towing services, the unauthorized wrecker operator must
 3668  disclose in writing to the owner or operator of the disabled
 3669  vehicle his or her full name, driver license number, that he or
 3670  she is not the authorized wrecker operator who has been
 3671  designated as part of the wrecker operator system, that the
 3672  motor vehicle is not being towed for the owner’s or operator’s
 3673  insurance company or lienholder, and the maximum must disclose,
 3674  in writing, a fee schedule that includes what charges for towing
 3675  and storage which will apply before the vehicle is connected to
 3676  or disconnected from the towing apparatus. If a law enforcement
 3677  officer is present at the scene of a motor vehicle accident, the
 3678  unauthorized wrecker operator must provide such disclosures to
 3679  the owner or operator of the disabled vehicle in the presence of
 3680  the law enforcement officer The fee charged per mile to and from
 3681  the storage facility, the fee charged per 24 hours of storage,
 3682  and, prominently displayed, the consumer hotline for the
 3683  Department of Agriculture and Consumer Services. Any person who
 3684  violates this paragraph commits is guilty of a misdemeanor of
 3685  the second degree, punishable as provided in s. 775.082 or s.
 3686  775.083, and a wrecker, tow truck, or other motor vehicle used
 3687  during the violation may be immediately removed and impounded
 3688  pursuant to subsection (3).
 3689         (d) At the scene of a wrecked or disabled vehicle, it is
 3690  unlawful for a wrecker operator to falsely identify himself or
 3691  herself as being part of the wrecker operator system. Any person
 3692  who violates this paragraph commits is guilty of a misdemeanor
 3693  of the first degree, punishable as provided in s. 775.082 or s.
 3694  775.083, and a wrecker, tow truck, or other motor vehicle used
 3695  during the violation may be immediately removed and impounded
 3696  pursuant to subsection (3).
 3697         (3)(a) A law enforcement officer from a local governmental
 3698  agency or a state law enforcement agency may cause a wrecker,
 3699  tow truck, or other motor vehicle that is used in violation of
 3700  subsection (2) to be immediately removed and impounded from the
 3701  scene of a wreck or disabled vehicle at the unauthorized wrecker
 3702  operator’s expense. The unauthorized wrecker operator shall be
 3703  assessed a cost-recovery fine as provided in paragraph (b) by
 3704  the authority that ordered the immediate removal and impoundment
 3705  of the wrecker, tow truck, or other motor vehicle. A wrecker,
 3706  tow truck, or other motor vehicle that is removed and impounded
 3707  pursuant to this section may not be released from an impound or
 3708  towing and storage facility until a release form has been
 3709  completed by the authority that ordered the immediate removal
 3710  and impoundment of the wrecker, tow truck, or other motor
 3711  vehicle under this section. The release form must verify that
 3712  the cost-recovery fine as provided in paragraph (b) has been
 3713  paid to such authority. The vehicle must remain impounded until
 3714  the cost-recovery fine has been paid or until the vehicle is
 3715  sold at public sale pursuant to s. 713.78.
 3716         (b)Notwithstanding any other provision of law to the
 3717  contrary, an unauthorized wrecker operator, upon retrieval of a
 3718  wrecker, tow truck, or other motor vehicle removed or impounded
 3719  pursuant to this section, in addition to any other penalties
 3720  that may be imposed for noncriminal violations, shall pay a
 3721  cost-recovery fine of $500 for a first-time violation of
 3722  subsection (2), or a fine of $1,000 for each subsequent
 3723  violation, to the authority that ordered the immediate removal
 3724  and impoundment of the wrecker, tow truck, or other motor
 3725  vehicle under this section. Cost-recovery funds collected
 3726  pursuant to this subsection shall be retained by the authority
 3727  that ordered the removal and impoundment of the wrecker, tow
 3728  truck, or other motor vehicle and may be used only for
 3729  enforcement, investigation, prosecution, and training related to
 3730  towing violations and crimes involving motor vehicles.
 3731         (c)Notwithstanding any other provision of law to the
 3732  contrary and in addition to the cost-recovery fine required by
 3733  this subsection, a person who violates any provision of
 3734  subsection (2) shall pay the fees associated with the removal
 3735  and storage of an unauthorized wrecker, tow truck, or other
 3736  motor vehicle.
 3737         (4)(3) This section does not prohibit, or in any way
 3738  prevent, the owner or operator of a vehicle involved in an
 3739  accident or otherwise disabled from contacting any wrecker
 3740  operator for the provision of towing services, whether the
 3741  wrecker operator is an authorized wrecker operator or not.
 3742         Section 54. Paragraph (a) of subsection (1) of section
 3743  324.0221, Florida Statutes, is amended to read:
 3744         324.0221 Reports by insurers to the department; suspension
 3745  of driver driver’s license and vehicle registrations;
 3746  reinstatement.—
 3747         (1)(a) Each insurer that has issued a policy providing
 3748  personal injury protection coverage or property damage liability
 3749  coverage shall report the renewal, cancellation, or nonrenewal
 3750  thereof to the department within 10 45 days after the processing
 3751  effective date of each renewal, cancellation, or nonrenewal.
 3752  Upon the issuance of a policy providing personal injury
 3753  protection coverage or property damage liability coverage to a
 3754  named insured not previously insured by the insurer during that
 3755  calendar year, the insurer shall report the issuance of the new
 3756  policy to the department within 10 30 days. The report shall be
 3757  in the form and format and contain any information required by
 3758  the department and must be provided in a format that is
 3759  compatible with the data processing capabilities of the
 3760  department. The department may adopt rules regarding the form
 3761  and documentation required. Failure by an insurer to file proper
 3762  reports with the department as required by this subsection or
 3763  rules adopted with respect to the requirements of this
 3764  subsection constitutes a violation of the Florida Insurance
 3765  Code. These records shall be used by the department only for
 3766  enforcement and regulatory purposes, including the generation by
 3767  the department of data regarding compliance by owners of motor
 3768  vehicles with the requirements for financial responsibility
 3769  coverage.
 3770         Section 55. Section 324.031, Florida Statutes, is amended
 3771  to read:
 3772         324.031 Manner of proving financial responsibility.—The
 3773  owner or operator of a taxicab, limousine, jitney, or any other
 3774  for-hire passenger transportation vehicle may prove financial
 3775  responsibility by providing satisfactory evidence of holding a
 3776  motor vehicle liability policy as defined in s. 324.021(8) or s.
 3777  324.151, which policy is issued by an insurance carrier which is
 3778  a member of the Florida Insurance Guaranty Association. The
 3779  operator or owner of any other vehicle may prove his or her
 3780  financial responsibility by:
 3781         (1) Furnishing satisfactory evidence of holding a motor
 3782  vehicle liability policy as defined in ss. 324.021(8) and
 3783  324.151;
 3784         (2) Posting with the department a satisfactory bond of a
 3785  surety company authorized to do business in this state,
 3786  conditioned for payment of the amount specified in s.
 3787  324.021(7);
 3788         (2)(3) Furnishing a certificate of self-insurance the
 3789  department showing a deposit of cash or securities in accordance
 3790  with s. 324.161; or
 3791         (3)(4) Furnishing a certificate of self-insurance issued by
 3792  the department in accordance with s. 324.171.
 3793  
 3794  Any person, including any firm, partnership, association,
 3795  corporation, or other person, other than a natural person,
 3796  electing to use the method of proof specified in subsection (2)
 3797  or subsection (3) shall furnish a certificate of post a bond or
 3798  deposit equal to the number of vehicles owned times $30,000, to
 3799  a maximum of $120,000; in addition, any such person, other than
 3800  a natural person, shall maintain insurance providing coverage in
 3801  excess of limits of $10,000/20,000/10,000 or $30,000 combined
 3802  single limits, and such excess insurance shall provide minimum
 3803  limits of $125,000/250,000/50,000 or $300,000 combined single
 3804  limits. These increased limits shall not affect the requirements
 3805  for proving financial responsibility under s. 324.032(1).
 3806         Section 56. Subsection (1) of section 324.091, Florida
 3807  Statutes, is amended to read:
 3808         324.091 Notice to department; notice to insurer.—
 3809         (1) Each owner and operator involved in a crash or
 3810  conviction case within the purview of this chapter shall furnish
 3811  evidence of automobile liability insurance or, motor vehicle
 3812  liability insurance, or a surety bond within 14 days after the
 3813  date of the mailing of notice of crash by the department in the
 3814  form and manner as it may designate. Upon receipt of evidence
 3815  that an automobile liability policy or, motor vehicle liability
 3816  policy, or surety bond was in effect at the time of the crash or
 3817  conviction case, the department shall forward by United States
 3818  mail, postage prepaid, to the insurer or surety insurer a copy
 3819  of such information for verification in a method as determined
 3820  by the department. and shall assume that the policy or bond was
 3821  in effect, unless The insurer shall respond to or surety insurer
 3822  notifies the department otherwise within 20 days after the
 3823  mailing of the notice whether or not such information is valid
 3824  to the insurer or surety insurer. However, If the department
 3825  later determines that an automobile liability policy or, motor
 3826  vehicle liability policy, or surety bond was not in effect and
 3827  did not provide coverage for both the owner and the operator, it
 3828  shall take action as it is otherwise authorized to do under this
 3829  chapter. Proof of mailing to the insurer or surety insurer may
 3830  be made by the department by naming the insurer or surety
 3831  insurer to whom the mailing was made and by specifying the time,
 3832  place, and manner of mailing.
 3833         Section 57. Section 324.161, Florida Statutes, is amended
 3834  to read:
 3835         324.161 Proof of financial responsibility; surety bond or
 3836  deposit.—Annually, before any certificate of insurance may be
 3837  issued to a person, including any firm, partnership,
 3838  association, corporation, or other person, other than a natural
 3839  person, proof of a certificate of deposit of $30,000 issued and
 3840  held by a financial institution must be submitted to the
 3841  department. A power of attorney will be issued to and held by
 3842  the department and may be executed upon The certificate of the
 3843  department of a deposit may be obtained by depositing with it
 3844  $30,000 cash or securities such as may be legally purchased by
 3845  savings banks or for trust funds, of a market value of $30,000
 3846  and which deposit shall be held by the department to satisfy, in
 3847  accordance with the provisions of this chapter, any execution on
 3848  a judgment issued against such person making the deposit, for
 3849  damages because of bodily injury to or death of any person or
 3850  for damages because of injury to or destruction of property
 3851  resulting from the use or operation of any motor vehicle
 3852  occurring after such deposit was made. Money or securities so
 3853  deposited shall not be subject to attachment or execution unless
 3854  such attachment or execution shall arise out of a suit for
 3855  damages as aforesaid.
 3856         Section 58. Paragraph (a) of subsection (1) of section
 3857  328.01, Florida Statutes, is amended to read:
 3858         328.01 Application for certificate of title.—
 3859         (1)(a) The owner of a vessel which is required to be titled
 3860  shall apply to the county tax collector for a certificate of
 3861  title. The application shall include the true name of the owner,
 3862  the residence or business address of the owner, and the complete
 3863  description of the vessel, including the hull identification
 3864  number, except that an application for a certificate of title
 3865  for a homemade vessel shall state all the foregoing information
 3866  except the hull identification number. The application shall be
 3867  signed by the owner and shall be accompanied by personal or
 3868  business identification and the prescribed fee. An individual
 3869  applicant must provide a valid driver license or identification
 3870  card issued by this state or another state or a valid passport.
 3871  A business applicant must provide a federal employer
 3872  identification number, if applicable, verification that the
 3873  business is authorized to conduct business in the state, or a
 3874  Florida city or county business license or number, which may
 3875  include, but need not be limited to, a driver’s license number,
 3876  Florida identification card number, or federal employer
 3877  identification number, and the prescribed fee.
 3878         Section 59. Paragraph (a) of subsection (1) of section
 3879  328.48, Florida Statutes, is amended to read:
 3880         328.48 Vessel registration, application, certificate,
 3881  number, decal, duplicate certificate.—
 3882         (1)(a) The owner of each vessel required by this law to pay
 3883  a registration fee and secure an identification number shall
 3884  file an application with the county tax collector. The
 3885  application shall provide the owner’s name and address;
 3886  residency status; personal or business identification, which may
 3887  include, but need not be limited to, a driver’s license number,
 3888  Florida identification card number, or federal employer
 3889  identification number; and a complete description of the vessel,
 3890  and shall be accompanied by payment of the applicable fee
 3891  required in s. 328.72. An individual applicant must provide a
 3892  valid driver license or identification card issued by this state
 3893  or another state or a valid passport. A business applicant must
 3894  provide a federal employer identification number, if applicable,
 3895  verification that the business is authorized to conduct business
 3896  in the state, or a Florida city or county business license or
 3897  number. Registration is not required for any vessel that is not
 3898  used on the waters of this state.
 3899         Section 60. Subsection (1) of section 328.76, Florida
 3900  Statutes, is amended to read:
 3901         328.76 Marine Resources Conservation Trust Fund; vessel
 3902  registration funds; appropriation and distribution.—
 3903         (1) Except as otherwise specified in this subsection and
 3904  less the amount equal to $1.4 million for any administrative
 3905  costs which shall be deposited in the Highway Safety Operating
 3906  Trust Fund, in each fiscal year beginning on or after July 1,
 3907  2001, all funds collected from the registration of vessels
 3908  through the Department of Highway Safety and Motor Vehicles and
 3909  the tax collectors of the state, except for those funds
 3910  designated as the county portion pursuant to s. 328.72(1), shall
 3911  be deposited in the Marine Resources Conservation Trust Fund for
 3912  recreational channel marking; public launching facilities; law
 3913  enforcement and quality control programs; aquatic weed control;
 3914  manatee protection, recovery, rescue, rehabilitation, and
 3915  release; and marine mammal protection and recovery. The funds
 3916  collected pursuant to s. 328.72(1) shall be transferred as
 3917  follows:
 3918         (a) In each fiscal year, an amount equal to $1.50 for each
 3919  commercial and recreational vessel registered in this state
 3920  shall be transferred by the Department of Highway Safety and
 3921  Motor Vehicles to the Save the Manatee Trust Fund and shall be
 3922  used only for the purposes specified in s. 379.2431(4).
 3923         (b) An amount equal to $2 from each recreational vessel
 3924  registration fee, except that for class A-1 vessels, shall be
 3925  transferred by the Department of Highway Safety and Motor
 3926  Vehicles to the Invasive Plant Control Trust Fund in the Fish
 3927  and Wildlife Conservation Commission for aquatic weed research
 3928  and control.
 3929         (c) An amount equal to 40 percent of the registration fees
 3930  from commercial vessels shall be transferred by the Department
 3931  of Highway Safety and Motor Vehicles to the Invasive Plant
 3932  Control Trust Fund in the Fish and Wildlife Conservation
 3933  Commission for aquatic plant research and control.
 3934         (d) An amount equal to 40 percent of the registration fees
 3935  from commercial vessels shall be transferred by the Department
 3936  of Highway Safety and Motor Vehicles, on a monthly basis, to the
 3937  General Inspection Trust Fund of the Department of Agriculture
 3938  and Consumer Services. These funds shall be used for shellfish
 3939  and aquaculture law enforcement and quality control programs.
 3940         Section 61. Subsections (1), (2), (3), (4), (9), and (13)
 3941  of section 713.585, Florida Statutes, are amended to read:
 3942         713.585 Enforcement of lien by sale of motor vehicle.—A
 3943  person claiming a lien under s. 713.58 for performing labor or
 3944  services on a motor vehicle may enforce such lien by sale of the
 3945  vehicle in accordance with the following procedures:
 3946         (1) The lienor must give notice, by certified mail, return
 3947  receipt requested, within 15 business days, excluding Saturday
 3948  and Sunday, from the beginning date of the assessment of storage
 3949  charges on said motor vehicle, to the registered owner of the
 3950  vehicle, to the customer as indicated on the order for repair,
 3951  and to all other persons claiming an interest in or lien
 3952  thereon, as disclosed by the records of the Department of
 3953  Highway Safety and Motor Vehicles or as disclosed by the records
 3954  of any of a corresponding agency of any other state in which the
 3955  vehicle is identified through a records check of the National
 3956  Motor Vehicle Title Information System as being the current
 3957  state where the vehicle is titled appears registered. Such
 3958  notice must contain:
 3959         (a) A description of the vehicle (year, make, vehicle
 3960  identification number) and its location.
 3961         (b) The name and address of the owner of the vehicle, the
 3962  customer as indicated on the order for repair, and any person
 3963  claiming an interest in or lien thereon.
 3964         (c) The name, address, and telephone number of the lienor.
 3965         (d) Notice that the lienor claims a lien on the vehicle for
 3966  labor and services performed and storage charges, if any, and
 3967  the cash sum which, if paid to the lienor, would be sufficient
 3968  to redeem the vehicle from the lien claimed by the lienor.
 3969         (e) Notice that the lien claimed by the lienor is subject
 3970  to enforcement pursuant to this section and that the vehicle may
 3971  be sold to satisfy the lien.
 3972         (f) If known, the date, time, and location of any proposed
 3973  or scheduled sale of the vehicle. No vehicle may be sold earlier
 3974  than 60 days after completion of the repair work.
 3975         (g) Notice that the owner of the vehicle or any person
 3976  claiming an interest in or lien thereon has a right to a hearing
 3977  at any time prior to the scheduled date of sale by filing a
 3978  demand for hearing with the clerk of the circuit court in the
 3979  county in which the vehicle is held and mailing copies of the
 3980  demand for hearing to all other owners and lienors as reflected
 3981  on the notice.
 3982         (h) Notice that the owner of the vehicle has a right to
 3983  recover possession of the vehicle without instituting judicial
 3984  proceedings by posting bond in accordance with the provisions of
 3985  s. 559.917.
 3986         (i) Notice that any proceeds from the sale of the vehicle
 3987  remaining after payment of the amount claimed to be due and
 3988  owing to the lienor will be deposited with the clerk of the
 3989  circuit court for disposition upon court order pursuant to
 3990  subsection (8).
 3991         (2) If attempts to locate the owner or lienholder are
 3992  unsuccessful after a check of the records of the Department of
 3993  Highway Safety and Motor Vehicles and any state disclosed by the
 3994  check of the National Motor Vehicle Title Information System,
 3995  the lienor must notify the local law enforcement agency in
 3996  writing by certified mail or acknowledged hand delivery that the
 3997  lienor has been unable to locate the owner or lienholder, that a
 3998  physical search of the vehicle has disclosed no ownership
 3999  information, and that a good faith effort, including records
 4000  checks of the Department of Highway Safety and Motor Vehicles
 4001  database and the National Motor Vehicle Title Information
 4002  System, has been made. A description of the motor vehicle which
 4003  includes the year, make, and identification number must be given
 4004  on the notice. This notification must take place within 15
 4005  business days, excluding Saturday and Sunday, from the beginning
 4006  date of the assessment of storage charges on said motor vehicle.
 4007  For purposes of this paragraph, the term “good faith effort”
 4008  means that the following checks have been performed by the
 4009  company to establish the prior state of registration and title:
 4010         (a) A check of the Department of Highway Safety and Motor
 4011  Vehicles database for the owner and any lienholder.
 4012         (b) A check of the federally mandated electronic National
 4013  Motor Vehicle Title Information System to determine the state of
 4014  registration when there is not a current title or registration
 4015  record for the vehicle on file with the Department of Highway
 4016  Safety and Motor Vehicles.
 4017         (c)(a) A check of vehicle for any type of tag, tag record,
 4018  temporary tag, or regular tag;
 4019         (d)(b) A check of vehicle for inspection sticker or other
 4020  stickers and decals that could indicate the state of possible
 4021  registration; and
 4022         (e)(c) A check of the interior of the vehicle for any
 4023  papers that could be in the glove box, trunk, or other areas for
 4024  the state of registration.
 4025         (3) If the date of the sale was not included in the notice
 4026  required in subsection (1), notice of the sale must be sent by
 4027  certified mail, return receipt requested, not less than 15 days
 4028  before the date of sale, to the customer as indicated on the
 4029  order for repair, and to all other persons claiming an interest
 4030  in or lien on the motor vehicle, as disclosed by the records of
 4031  the Department of Highway Safety and Motor Vehicles or of a
 4032  corresponding agency of any other state in which the vehicle
 4033  appears to have been registered after completion of a check of
 4034  the National Motor Vehicle Title Information System. After
 4035  diligent search and inquiry, if the name and address of the
 4036  registered owner or the owner of the recorded lien cannot be
 4037  ascertained, the requirements for this notice may be
 4038  disregarded.
 4039         (4) The lienor, at least 15 days before the proposed or
 4040  scheduled date of sale of the vehicle, shall publish the notice
 4041  required by this section once in a newspaper circulated in the
 4042  county where the vehicle is held. A certificate of compliance
 4043  with the notification provisions of this section, verified by
 4044  the lienor, together with a copy of the notice and return
 4045  receipt for mailing of the notice required by this section, and
 4046  proof of publication, and checks of the Department of Highway
 4047  Safety and Motor Vehicles and the National Motor Vehicle Title
 4048  Information System, must be duly and expeditiously filed with
 4049  the clerk of the circuit court in the county where the vehicle
 4050  is held. The lienor, at the time of filing the certificate of
 4051  compliance, must pay to the clerk of that court a service charge
 4052  of $10 for indexing and recording the certificate.
 4053         (9) A copy of the certificate of compliance and the report
 4054  of sale, certified by the clerk of the court, and proof of the
 4055  required check of the National Motor Vehicle Title Information
 4056  System shall constitute satisfactory proof for application to
 4057  the Department of Highway Safety and Motor Vehicles for transfer
 4058  of title, together with any other proof required by any rules
 4059  and regulations of the department.
 4060         (13) A failure to make good faith efforts as defined in
 4061  subsection (2) precludes the imposition of any storage charges
 4062  against the vehicle. If a lienor fails to provide notice to any
 4063  person claiming a lien on a vehicle under subsection (1) within
 4064  15 business days after the assessment of storage charges have
 4065  begun, then the lienor is precluded from charging for more than
 4066  15 days of storage, but failure to provide timely notice does
 4067  not affect charges made for repairs, adjustments, or
 4068  modifications to the vehicle or the priority of liens on the
 4069  vehicle.
 4070         Section 62. Section 713.78, Florida Statutes, is amended to
 4071  read:
 4072         713.78 Liens for recovering, towing, or storing vehicles
 4073  and vessels.—
 4074         (1) For the purposes of this section, the term:
 4075         (a) “Vehicle” means any mobile item, whether motorized or
 4076  not, which is mounted on wheels.
 4077         (b) “Vessel” means every description of watercraft, barge,
 4078  and airboat used or capable of being used as a means of
 4079  transportation on water, other than a seaplane or a “documented
 4080  vessel” as defined in s. 327.02(9).
 4081         (c) “Wrecker” means any truck or other vehicle which is
 4082  used to tow, carry, or otherwise transport motor vehicles or
 4083  vessels upon the streets and highways of this state and which is
 4084  equipped for that purpose with a boom, winch, car carrier, or
 4085  other similar equipment.
 4086         (d) “National Motor Vehicle Title Information System” means
 4087  the federally authorized electronic National Motor Vehicle Title
 4088  Information System.
 4089         (2) Whenever a person regularly engaged in the business of
 4090  transporting vehicles or vessels by wrecker, tow truck, or car
 4091  carrier recovers, removes, or stores a vehicle or vessel upon
 4092  instructions from:
 4093         (a) The owner thereof;
 4094         (b) The owner or lessor, or a person authorized by the
 4095  owner or lessor, of property on which such vehicle or vessel is
 4096  wrongfully parked, and the removal is done in compliance with s.
 4097  715.07; or
 4098         (c) The landlord or a person authorized by the landlord,
 4099  when such motor vehicle or vessel remained on the premises after
 4100  the tenancy terminated and the removal is done in compliance
 4101  with s. 715.104; or
 4102         (d)(c) Any law enforcement agency,
 4103  
 4104  she or he shall have a lien on the vehicle or vessel for a
 4105  reasonable towing fee and for a reasonable storage fee; except
 4106  that no storage fee shall be charged if the vehicle is stored
 4107  for less than 6 hours.
 4108         (3) This section does not authorize any person to claim a
 4109  lien on a vehicle for fees or charges connected with the
 4110  immobilization of such vehicle using a vehicle boot or other
 4111  similar device pursuant to s. 715.07.
 4112         (4)(a) Any person regularly engaged in the business of
 4113  recovering, towing, or storing vehicles or vessels who comes
 4114  into possession of a vehicle or vessel pursuant to subsection
 4115  (2), and who claims a lien for recovery, towing, or storage
 4116  services, shall give notice to the registered owner, the
 4117  insurance company insuring the vehicle notwithstanding the
 4118  provisions of s. 627.736, and to all persons claiming a lien
 4119  thereon, as disclosed by the records in the Department of
 4120  Highway Safety and Motor Vehicles or as disclosed by the records
 4121  of any of a corresponding agency in any other state in which the
 4122  vehicle is identified through a records check of the National
 4123  Motor Vehicle Title Information System as being titled or
 4124  registered.
 4125         (b) Whenever any law enforcement agency authorizes the
 4126  removal of a vehicle or vessel or whenever any towing service,
 4127  garage, repair shop, or automotive service, storage, or parking
 4128  place notifies the law enforcement agency of possession of a
 4129  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 4130  enforcement agency of the jurisdiction where the vehicle or
 4131  vessel is stored shall contact the Department of Highway Safety
 4132  and Motor Vehicles, or the appropriate agency of the state of
 4133  registration, if known, within 24 hours through the medium of
 4134  electronic communications, giving the full description of the
 4135  vehicle or vessel. Upon receipt of the full description of the
 4136  vehicle or vessel, the department shall search its files to
 4137  determine the owner’s name, the insurance company insuring the
 4138  vehicle or vessel, and whether any person has filed a lien upon
 4139  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 4140  notify the applicable law enforcement agency within 72 hours.
 4141  The person in charge of the towing service, garage, repair shop,
 4142  or automotive service, storage, or parking place shall obtain
 4143  such information from the applicable law enforcement agency
 4144  within 5 days after the date of storage and shall give notice
 4145  pursuant to paragraph (a). The department may release the
 4146  insurance company information to the requestor notwithstanding
 4147  the provisions of s. 627.736.
 4148         (c) Notice by certified mail shall be sent within 7
 4149  business days after the date of storage of the vehicle or vessel
 4150  to the registered owner, the insurance company insuring the
 4151  vehicle notwithstanding the provisions of s. 627.736, and all
 4152  persons of record claiming a lien against the vehicle or vessel.
 4153  It shall state the fact of possession of the vehicle or vessel,
 4154  that a lien as provided in subsection (2) is claimed, that
 4155  charges have accrued and the amount thereof, that the lien is
 4156  subject to enforcement pursuant to law, and that the owner or
 4157  lienholder, if any, has the right to a hearing as set forth in
 4158  subsection (5), and that any vehicle or vessel which remains
 4159  unclaimed, or for which the charges for recovery, towing, or
 4160  storage services remain unpaid, may be sold free of all prior
 4161  liens after 35 days if the vehicle or vessel is more than 3
 4162  years of age or after 50 days if the vehicle or vessel is 3
 4163  years of age or less.
 4164         (d) If attempts to locate the name and address of the owner
 4165  or lienholder prove unsuccessful, the towing-storage operator
 4166  shall, after 7 working days, excluding Saturday and Sunday, of
 4167  the initial tow or storage, notify the public agency of
 4168  jurisdiction where the vehicle or vessel is stored in writing by
 4169  certified mail or acknowledged hand delivery that the towing
 4170  storage company has been unable to locate the name and address
 4171  of the owner or lienholder and a physical search of the vehicle
 4172  or vessel has disclosed no ownership information and a good
 4173  faith effort has been made, including records checks of the
 4174  Department of Highway Safety and Motor Vehicles and the National
 4175  Motor Vehicle Title Information System databases. For purposes
 4176  of this paragraph and subsection (9), “good faith effort” means
 4177  that the following checks have been performed by the company to
 4178  establish prior state of registration and for title:
 4179         1. Check of the Department of Highway Safety and Motor
 4180  Vehicles database for the owner and any lienholder.
 4181         2. Check of the electronic National Motor Vehicle Title
 4182  Information System to determine the state of registration when
 4183  there is not a current registration record for the vehicle on
 4184  file with the Department of Highway Safety and Motor Vehicles.
 4185         3.1. Check of vehicle or vessel for any type of tag, tag
 4186  record, temporary tag, or regular tag.
 4187         4.2. Check of law enforcement report for tag number or
 4188  other information identifying the vehicle or vessel, if the
 4189  vehicle or vessel was towed at the request of a law enforcement
 4190  officer.
 4191         5.3. Check of trip sheet or tow ticket of tow truck
 4192  operator to see if a tag was on vehicle or vessel at beginning
 4193  of tow, if private tow.
 4194         6.4. If there is no address of the owner on the impound
 4195  report, check of law enforcement report to see if an out-of
 4196  state address is indicated from driver license information.
 4197         7.5. Check of vehicle or vessel for inspection sticker or
 4198  other stickers and decals that may indicate a state of possible
 4199  registration.
 4200         8.6. Check of the interior of the vehicle or vessel for any
 4201  papers that may be in the glove box, trunk, or other areas for a
 4202  state of registration.
 4203         9.7. Check of vehicle for vehicle identification number.
 4204         10.8. Check of vessel for vessel registration number.
 4205         11.9. Check of vessel hull for a hull identification number
 4206  which should be carved, burned, stamped, embossed, or otherwise
 4207  permanently affixed to the outboard side of the transom or, if
 4208  there is no transom, to the outmost seaboard side at the end of
 4209  the hull that bears the rudder or other steering mechanism.
 4210         (5)(a) The owner of a vehicle or vessel removed pursuant to
 4211  the provisions of subsection (2), or any person claiming a lien,
 4212  other than the towing-storage operator, within 10 days after the
 4213  time she or he has knowledge of the location of the vehicle or
 4214  vessel, may file a complaint in the county court of the county
 4215  in which the vehicle or vessel is stored to determine if her or
 4216  his property was wrongfully taken or withheld from her or him.
 4217         (b) Upon filing of a complaint, an owner or lienholder may
 4218  have her or his vehicle or vessel released upon posting with the
 4219  court a cash or surety bond or other adequate security equal to
 4220  the amount of the charges for towing or storage and lot rental
 4221  amount to ensure the payment of such charges in the event she or
 4222  he does not prevail. Upon the posting of the bond and the
 4223  payment of the applicable fee set forth in s. 28.24, the clerk
 4224  of the court shall issue a certificate notifying the lienor of
 4225  the posting of the bond and directing the lienor to release the
 4226  vehicle or vessel. At the time of such release, after reasonable
 4227  inspection, she or he shall give a receipt to the towing-storage
 4228  company reciting any claims she or he has for loss or damage to
 4229  the vehicle or vessel or the contents thereof.
 4230         (c) Upon determining the respective rights of the parties,
 4231  the court may award damages, attorney’s fees, and costs in favor
 4232  of the prevailing party. In any event, the final order shall
 4233  provide for immediate payment in full of recovery, towing, and
 4234  storage fees by the vehicle or vessel owner or lienholder; or
 4235  the agency ordering the tow; or the owner, lessee, or agent
 4236  thereof of the property from which the vehicle or vessel was
 4237  removed.
 4238         (6) Any vehicle or vessel which is stored pursuant to
 4239  subsection (2) and which remains unclaimed, or for which
 4240  reasonable charges for recovery, towing, or storing remain
 4241  unpaid, and any contents not released pursuant to subsection
 4242  (10), may be sold by the owner or operator of the storage space
 4243  for such towing or storage charge after 35 days from the time
 4244  the vehicle or vessel is stored therein if the vehicle or vessel
 4245  is more than 3 years of age or after 50 days following the time
 4246  the vehicle or vessel is stored therein if the vehicle or vessel
 4247  is 3 years of age or less. The sale shall be at public sale for
 4248  cash. If the date of the sale was not included in the notice
 4249  required in subsection (4), notice of the sale shall be given to
 4250  the person in whose name the vehicle or vessel is registered and
 4251  to all persons claiming a lien on the vehicle or vessel as shown
 4252  on the records of the Department of Highway Safety and Motor
 4253  Vehicles or of any the corresponding agency in any other state
 4254  in which the vehicle is identified through a records check of
 4255  the National Motor Vehicle Title Information System as being
 4256  titled. Notice shall be sent by certified mail to the owner of
 4257  the vehicle or vessel and the person having the recorded lien on
 4258  the vehicle or vessel at the address shown on the records of the
 4259  registering agency and shall be mailed not less than 15 days
 4260  before the date of the sale. After diligent search and inquiry,
 4261  if the name and address of the registered owner or the owner of
 4262  the recorded lien cannot be ascertained, the requirements of
 4263  notice by mail may be dispensed with. In addition to the notice
 4264  by mail, public notice of the time and place of sale shall be
 4265  made by publishing a notice thereof one time, at least 10 days
 4266  prior to the date of the sale, in a newspaper of general
 4267  circulation in the county in which the sale is to be held. The
 4268  proceeds of the sale, after payment of reasonable towing and
 4269  storage charges, and costs of the sale, in that order of
 4270  priority, shall be deposited with the clerk of the circuit court
 4271  for the county if the owner or lienholder is absent, and the
 4272  clerk shall hold such proceeds subject to the claim of the owner
 4273  or lienholder legally entitled thereto. The clerk shall be
 4274  entitled to receive 5 percent of such proceeds for the care and
 4275  disbursement thereof. The certificate of title issued under this
 4276  law shall be discharged of all liens unless otherwise provided
 4277  by court order. The owner or lienholder may file a complaint
 4278  after the vehicle or vessel has been sold in the county court of
 4279  the county in which it is stored. Upon determining the
 4280  respective rights of the parties, the court may award damages,
 4281  attorney’s fees, and costs in favor of the prevailing party.
 4282         (7)(a) A wrecker operator recovering, towing, or storing
 4283  vehicles or vessels is not liable for damages connected with
 4284  such services, theft of such vehicles or vessels, or theft of
 4285  personal property contained in such vehicles or vessels,
 4286  provided that such services have been performed with reasonable
 4287  care and provided, further, that, in the case of removal of a
 4288  vehicle or vessel upon the request of a person purporting, and
 4289  reasonably appearing, to be the owner or lessee, or a person
 4290  authorized by the owner or lessee, of the property from which
 4291  such vehicle or vessel is removed, such removal has been done in
 4292  compliance with s. 715.07. Further, a wrecker operator is not
 4293  liable for damage to a vehicle, vessel, or cargo that obstructs
 4294  the normal movement of traffic or creates a hazard to traffic
 4295  and is removed in compliance with the request of a law
 4296  enforcement officer.
 4297         (b) For the purposes of this subsection, a wrecker operator
 4298  is presumed to use reasonable care to prevent the theft of a
 4299  vehicle or vessel or of any personal property contained in such
 4300  vehicle stored in the wrecker operator’s storage facility if all
 4301  of the following apply:
 4302         1. The wrecker operator surrounds the storage facility with
 4303  a chain-link or solid-wall type fence at least 6 feet in height;
 4304         2. The wrecker operator has illuminated the storage
 4305  facility with lighting of sufficient intensity to reveal persons
 4306  and vehicles at a distance of at least 150 feet during
 4307  nighttime; and
 4308         3. The wrecker operator uses one or more of the following
 4309  security methods to discourage theft of vehicles or vessels or
 4310  of any personal property contained in such vehicles or vessels
 4311  stored in the wrecker operator’s storage facility:
 4312         a. A night dispatcher or watchman remains on duty at the
 4313  storage facility from sunset to sunrise;
 4314         b. A security dog remains at the storage facility from
 4315  sunset to sunrise;
 4316         c. Security cameras or other similar surveillance devices
 4317  monitor the storage facility; or
 4318         d. A security guard service examines the storage facility
 4319  at least once each hour from sunset to sunrise.
 4320         (c) Any law enforcement agency requesting that a motor
 4321  vehicle be removed from an accident scene, street, or highway
 4322  must conduct an inventory and prepare a written record of all
 4323  personal property found in the vehicle before the vehicle is
 4324  removed by a wrecker operator. However, if the owner or driver
 4325  of the motor vehicle is present and accompanies the vehicle, no
 4326  inventory by law enforcement is required. A wrecker operator is
 4327  not liable for the loss of personal property alleged to be
 4328  contained in such a vehicle when such personal property was not
 4329  identified on the inventory record prepared by the law
 4330  enforcement agency requesting the removal of the vehicle.
 4331         (8) A person regularly engaged in the business of
 4332  recovering, towing, or storing vehicles or vessels, except a
 4333  person licensed under chapter 493 while engaged in
 4334  “repossession” activities as defined in s. 493.6101, may not
 4335  operate a wrecker, tow truck, or car carrier unless the name,
 4336  address, and telephone number of the company performing the
 4337  service is clearly printed in contrasting colors on the driver
 4338  and passenger sides of its vehicle. The name must be in at least
 4339  3-inch permanently affixed letters, and the address and
 4340  telephone number must be in at least 1-inch permanently affixed
 4341  letters.
 4342         (9) Failure to make good faith best efforts to comply with
 4343  the notice requirements of this section shall preclude the
 4344  imposition of any storage charges against such vehicle or
 4345  vessel.
 4346         (10) Persons who provide services pursuant to this section
 4347  shall permit vehicle or vessel owners, lienholders, insurance
 4348  company representatives, or their agents, which agency is
 4349  evidenced by an original writing acknowledged by the owner
 4350  before a notary public or other person empowered by law to
 4351  administer oaths, to inspect the towed vehicle or vessel and
 4352  shall release to the owner, lienholder, or agent the vehicle,
 4353  vessel, or all personal property not affixed to the vehicle or
 4354  vessel which was in the vehicle or vessel at the time the
 4355  vehicle or vessel came into the custody of the person providing
 4356  such services.
 4357         (11)(a) Any person regularly engaged in the business of
 4358  recovering, towing, or storing vehicles or vessels who comes
 4359  into possession of a vehicle or vessel pursuant to subsection
 4360  (2) and who has complied with the provisions of subsections (3)
 4361  and (6), when such vehicle or vessel is to be sold for purposes
 4362  of being dismantled, destroyed, or changed in such manner that
 4363  it is not the motor vehicle or vessel described in the
 4364  certificate of title, shall report the vehicle to the National
 4365  Motor Vehicle Title Information System and apply to the
 4366  Department of Highway Safety and Motor Vehicles county tax
 4367  collector for a certificate of destruction. A certificate of
 4368  destruction, which authorizes the dismantling or destruction of
 4369  the vehicle or vessel described therein, shall be reassignable a
 4370  maximum of two times before dismantling or destruction of the
 4371  vehicle shall be required, and shall accompany the vehicle or
 4372  vessel for which it is issued, when such vehicle or vessel is
 4373  sold for such purposes, in lieu of a certificate of title. The
 4374  application for a certificate of destruction must include proof
 4375  of reporting to the National Motor Vehicle Title Information
 4376  System and an affidavit from the applicant that it has complied
 4377  with all applicable requirements of this section and, if the
 4378  vehicle or vessel is not registered in this state or any other
 4379  state, by a statement from a law enforcement officer that the
 4380  vehicle or vessel is not reported stolen, and shall be
 4381  accompanied by such documentation as may be required by the
 4382  department.
 4383         (b) The Department of Highway Safety and Motor Vehicles
 4384  shall charge a fee of $3 for each certificate of destruction. A
 4385  service charge of $4.25 shall be collected and retained by the
 4386  tax collector who processes the application.
 4387         (c) The Department of Highway Safety and Motor Vehicles may
 4388  adopt such rules as it deems necessary or proper for the
 4389  administration of this subsection.
 4390         (12)(a) Any person who violates any provision of subsection
 4391  (1), subsection (2), subsection (4), subsection (5), subsection
 4392  (6), or subsection (7) is guilty of a misdemeanor of the first
 4393  degree, punishable as provided in s. 775.082 or s. 775.083.
 4394         (b) Any person who violates the provisions of subsections
 4395  (8) through (11) is guilty of a felony of the third degree,
 4396  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 4397         (c) Any person who uses a false or fictitious name, gives a
 4398  false or fictitious address, or makes any false statement in any
 4399  application or affidavit required under the provisions of this
 4400  section is guilty of a felony of the third degree, punishable as
 4401  provided in s. 775.082, s. 775.083, or s. 775.084.
 4402         (d) Employees of the Department of Highway Safety and Motor
 4403  Vehicles and law enforcement officers are authorized to inspect
 4404  the records of any person regularly engaged in the business of
 4405  recovering, towing, or storing vehicles or vessels or
 4406  transporting vehicles or vessels by wrecker, tow truck, or car
 4407  carrier, to ensure compliance with the requirements of this
 4408  section. Any person who fails to maintain records, or fails to
 4409  produce records when required in a reasonable manner and at a
 4410  reasonable time, commits a misdemeanor of the first degree,
 4411  punishable as provided in s. 775.082 or s. 775.083.
 4412         (13)(a) Upon receipt by the Department of Highway Safety
 4413  and Motor Vehicles of written notice from a wrecker operator who
 4414  claims a wrecker operator’s lien under paragraph (2)(c) or
 4415  paragraph (2)(d) for recovery, towing, or storage of an
 4416  abandoned vehicle or vessel upon instructions from any law
 4417  enforcement agency, for which a certificate of destruction has
 4418  been issued under subsection (11) and the vehicle has been
 4419  reported to the National Motor Vehicle Title Information System,
 4420  the department shall place the name of the registered owner of
 4421  that vehicle or vessel on the list of those persons who may not
 4422  be issued a license plate or revalidation sticker for any motor
 4423  vehicle under s. 320.03(8). If the vehicle or vessel is owned
 4424  jointly by more than one person, the name of each registered
 4425  owner shall be placed on the list. The notice of wrecker
 4426  operator’s lien shall be submitted on forms provided by the
 4427  department, which must include:
 4428         1. The name, address, and telephone number of the wrecker
 4429  operator.
 4430         2. The name of the registered owner of the vehicle or
 4431  vessel and the address to which the wrecker operator provided
 4432  notice of the lien to the registered owner under subsection (4).
 4433         3. A general description of the vehicle or vessel,
 4434  including its color, make, model, body style, and year.
 4435         4. The vehicle identification number (VIN); registration
 4436  license plate number, state, and year; validation decal number,
 4437  state, and year; vessel registration number; hull identification
 4438  number; or other identification number, as applicable.
 4439         5. The name of the person or the corresponding law
 4440  enforcement agency that requested that the vehicle or vessel be
 4441  recovered, towed, or stored.
 4442         6. The amount of the wrecker operator’s lien, not to exceed
 4443  the amount allowed by paragraph (b).
 4444         (b) For purposes of this subsection only, the amount of the
 4445  wrecker operator’s lien for which the department will prevent
 4446  issuance of a license plate or revalidation sticker may not
 4447  exceed the amount of the charges for recovery, towing, and
 4448  storage of the vehicle or vessel for 7 days. These charges may
 4449  not exceed the maximum rates imposed by the ordinances of the
 4450  respective county or municipality under ss. 125.0103(1)(c) and
 4451  166.043(1)(c). This paragraph does not limit the amount of a
 4452  wrecker operator’s lien claimed under subsection (2) or prevent
 4453  a wrecker operator from seeking civil remedies for enforcement
 4454  of the entire amount of the lien, but limits only that portion
 4455  of the lien for which the department will prevent issuance of a
 4456  license plate or revalidation sticker.
 4457         (c)1. The registered owner of a vehicle or vessel may
 4458  dispute a wrecker operator’s lien, by notifying the department
 4459  of the dispute in writing on forms provided by the department,
 4460  if at least one of the following applies:
 4461         a. The registered owner presents a notarized bill of sale
 4462  proving that the vehicle or vessel was sold in a private or
 4463  casual sale before the vehicle or vessel was recovered, towed,
 4464  or stored.
 4465         b. The registered owner presents proof that the Florida
 4466  certificate of title of the vehicle or vessel was sold to a
 4467  licensed dealer as defined in s. 319.001 before the vehicle or
 4468  vessel was recovered, towed, or stored.
 4469         c. The records of the department were marked “sold” prior
 4470  to the date of the tow.
 4471  
 4472  If the registered owner’s dispute of a wrecker operator’s lien
 4473  complies with one of these criteria, the department shall
 4474  immediately remove the registered owner’s name from the list of
 4475  those persons who may not be issued a license plate or
 4476  revalidation sticker for any motor vehicle under s. 320.03(8),
 4477  thereby allowing issuance of a license plate or revalidation
 4478  sticker. If the vehicle or vessel is owned jointly by more than
 4479  one person, each registered owner must dispute the wrecker
 4480  operator’s lien in order to be removed from the list. However,
 4481  the department shall deny any dispute and maintain the
 4482  registered owner’s name on the list of those persons who may not
 4483  be issued a license plate or revalidation sticker for any motor
 4484  vehicle under s. 320.03(8) if the wrecker operator has provided
 4485  the department with a certified copy of the judgment of a court
 4486  which orders the registered owner to pay the wrecker operator’s
 4487  lien claimed under this section. In such a case, the amount of
 4488  the wrecker operator’s lien allowed by paragraph (b) may be
 4489  increased to include no more than $500 of the reasonable costs
 4490  and attorney’s fees incurred in obtaining the judgment. The
 4491  department’s action under this subparagraph is ministerial in
 4492  nature, shall not be considered final agency action, and is
 4493  appealable only to the county court for the county in which the
 4494  vehicle or vessel was ordered removed.
 4495         2. A person against whom a wrecker operator’s lien has been
 4496  imposed may alternatively obtain a discharge of the lien by
 4497  filing a complaint, challenging the validity of the lien or the
 4498  amount thereof, in the county court of the county in which the
 4499  vehicle or vessel was ordered removed. Upon filing of the
 4500  complaint, the person may have her or his name removed from the
 4501  list of those persons who may not be issued a license plate or
 4502  revalidation sticker for any motor vehicle under s. 320.03(8),
 4503  thereby allowing issuance of a license plate or revalidation
 4504  sticker, upon posting with the court a cash or surety bond or
 4505  other adequate security equal to the amount of the wrecker
 4506  operator’s lien to ensure the payment of such lien in the event
 4507  she or he does not prevail. Upon the posting of the bond and the
 4508  payment of the applicable fee set forth in s. 28.24, the clerk
 4509  of the court shall issue a certificate notifying the department
 4510  of the posting of the bond and directing the department to
 4511  release the wrecker operator’s lien. Upon determining the
 4512  respective rights of the parties, the court may award damages
 4513  and costs in favor of the prevailing party.
 4514         3. If a person against whom a wrecker operator’s lien has
 4515  been imposed does not object to the lien, but cannot discharge
 4516  the lien by payment because the wrecker operator has moved or
 4517  gone out of business, the person may have her or his name
 4518  removed from the list of those persons who may not be issued a
 4519  license plate or revalidation sticker for any motor vehicle
 4520  under s. 320.03(8), thereby allowing issuance of a license plate
 4521  or revalidation sticker, upon posting with the clerk of court in
 4522  the county in which the vehicle or vessel was ordered removed, a
 4523  cash or surety bond or other adequate security equal to the
 4524  amount of the wrecker operator’s lien. Upon the posting of the
 4525  bond and the payment of the application fee set forth in s.
 4526  28.24, the clerk of the court shall issue a certificate
 4527  notifying the department of the posting of the bond and
 4528  directing the department to release the wrecker operator’s lien.
 4529  The department shall mail to the wrecker operator, at the
 4530  address upon the lien form, notice that the wrecker operator
 4531  must claim the security within 60 days, or the security will be
 4532  released back to the person who posted it. At the conclusion of
 4533  the 60 days, the department shall direct the clerk as to which
 4534  party is entitled to payment of the security, less applicable
 4535  clerk’s fees.
 4536         4. A wrecker operator’s lien expires 5 years after filing.
 4537         (d) Upon discharge of the amount of the wrecker operator’s
 4538  lien allowed by paragraph (b), the wrecker operator must issue a
 4539  certificate of discharged wrecker operator’s lien on forms
 4540  provided by the department to each registered owner of the
 4541  vehicle or vessel attesting that the amount of the wrecker
 4542  operator’s lien allowed by paragraph (b) has been discharged.
 4543  Upon presentation of the certificate of discharged wrecker
 4544  operator’s lien by the registered owner, the department shall
 4545  immediately remove the registered owner’s name from the list of
 4546  those persons who may not be issued a license plate or
 4547  revalidation sticker for any motor vehicle under s. 320.03(8),
 4548  thereby allowing issuance of a license plate or revalidation
 4549  sticker. Issuance of a certificate of discharged wrecker
 4550  operator’s lien under this paragraph does not discharge the
 4551  entire amount of the wrecker operator’s lien claimed under
 4552  subsection (2), but only certifies to the department that the
 4553  amount of the wrecker operator’s lien allowed by paragraph (b),
 4554  for which the department will prevent issuance of a license
 4555  plate or revalidation sticker, has been discharged.
 4556         (e) When a wrecker operator files a notice of wrecker
 4557  operator’s lien under this subsection, the department shall
 4558  charge the wrecker operator a fee of $2, which shall be
 4559  deposited into the General Revenue Fund. A service charge of
 4560  $2.50 shall be collected and retained by the tax collector who
 4561  processes a notice of wrecker operator’s lien.
 4562         (f) This subsection applies only to the annual renewal in
 4563  the registered owner’s birth month of a motor vehicle
 4564  registration and does not apply to the transfer of a
 4565  registration of a motor vehicle sold by a motor vehicle dealer
 4566  licensed under chapter 320, except for the transfer of
 4567  registrations which includes the annual renewals. This
 4568  subsection does not apply to any vehicle registered in the name
 4569  of the lessor. This subsection does not affect the issuance of
 4570  the title to a motor vehicle, notwithstanding s. 319.23(8)(b).
 4571         (g) The Department of Highway Safety and Motor Vehicles may
 4572  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
 4573  this subsection.
 4574         Section 63. Paragraph (aa) of subsection (7) of section
 4575  212.08, Florida Statutes, is amended to read:
 4576         212.08 Sales, rental, use, consumption, distribution, and
 4577  storage tax; specified exemptions.—The sale at retail, the
 4578  rental, the use, the consumption, the distribution, and the
 4579  storage to be used or consumed in this state of the following
 4580  are hereby specifically exempt from the tax imposed by this
 4581  chapter.
 4582         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
 4583  entity by this chapter do not inure to any transaction that is
 4584  otherwise taxable under this chapter when payment is made by a
 4585  representative or employee of the entity by any means,
 4586  including, but not limited to, cash, check, or credit card, even
 4587  when that representative or employee is subsequently reimbursed
 4588  by the entity. In addition, exemptions provided to any entity by
 4589  this subsection do not inure to any transaction that is
 4590  otherwise taxable under this chapter unless the entity has
 4591  obtained a sales tax exemption certificate from the department
 4592  or the entity obtains or provides other documentation as
 4593  required by the department. Eligible purchases or leases made
 4594  with such a certificate must be in strict compliance with this
 4595  subsection and departmental rules, and any person who makes an
 4596  exempt purchase with a certificate that is not in strict
 4597  compliance with this subsection and the rules is liable for and
 4598  shall pay the tax. The department may adopt rules to administer
 4599  this subsection.
 4600         (aa) Certain commercial vehicles.—Also exempt is the sale,
 4601  lease, or rental of a commercial motor vehicle as defined in s.
 4602  207.002 207.002(2), when the following conditions are met:
 4603         1. The sale, lease, or rental occurs between two commonly
 4604  owned and controlled corporations;
 4605         2. Such vehicle was titled and registered in this state at
 4606  the time of the sale, lease, or rental; and
 4607         3. Florida sales tax was paid on the acquisition of such
 4608  vehicle by the seller, lessor, or renter.
 4609         Section 64. Subsection (8) of section 261.03, Florida
 4610  Statutes, is amended to read:
 4611         261.03 Definitions.—As used in this chapter, the term:
 4612         (8) “ROV” means any motorized recreational off-highway
 4613  vehicle 64 inches or less in width, having a dry weight of 2,000
 4614  pounds or less, designed to travel on four or more nonhighway
 4615  tires, having nonstraddle seating and a steering wheel, and
 4616  manufactured for recreational use by one or more persons. The
 4617  term “ROV” does not include a golf cart as defined in ss. 320.01
 4618  320.01(22) and 316.003(68) or a low-speed vehicle as defined in
 4619  s. 320.01 320.01(42).
 4620         Section 65. Section 316.2122, Florida Statutes, is amended
 4621  to read:
 4622         316.2122 Operation of a low-speed vehicle or mini truck on
 4623  certain roadways.—The operation of a low-speed vehicle as
 4624  defined in s. 320.01 320.01(42) or a mini truck as defined in s.
 4625  320.01 320.01(45) on any road is authorized with the following
 4626  restrictions:
 4627         (1) A low-speed vehicle or mini truck may be operated only
 4628  on streets where the posted speed limit is 35 miles per hour or
 4629  less. This does not prohibit a low-speed vehicle or mini truck
 4630  from crossing a road or street at an intersection where the road
 4631  or street has a posted speed limit of more than 35 miles per
 4632  hour.
 4633         (2) A low-speed vehicle must be equipped with headlamps,
 4634  stop lamps, turn signal lamps, taillamps, reflex reflectors,
 4635  parking brakes, rearview mirrors, windshields, seat belts, and
 4636  vehicle identification numbers.
 4637         (3) A low-speed vehicle or mini truck must be registered
 4638  and insured in accordance with s. 320.02 and titled pursuant to
 4639  chapter 319.
 4640         (4) Any person operating a low-speed vehicle or mini truck
 4641  must have in his or her possession a valid driver driver’s
 4642  license.
 4643         (5) A county or municipality may prohibit the operation of
 4644  low-speed vehicles or mini trucks on any road under its
 4645  jurisdiction if the governing body of the county or municipality
 4646  determines that such prohibition is necessary in the interest of
 4647  safety.
 4648         (6) The Department of Transportation may prohibit the
 4649  operation of low-speed vehicles or mini trucks on any road under
 4650  its jurisdiction if it determines that such prohibition is
 4651  necessary in the interest of safety.
 4652         Section 66. Section 316.2124, Florida Statutes, is amended
 4653  to read:
 4654         316.2124 Motorized disability access vehicles.—The
 4655  Department of Highway Safety and Motor Vehicles is directed to
 4656  provide, by rule, for the regulation of motorized disability
 4657  access vehicles as described in s. 320.01 320.01(34). The
 4658  department shall provide that motorized disability access
 4659  vehicles shall be registered in the same manner as motorcycles
 4660  and shall pay the same registration fee as for a motorcycle.
 4661  There shall also be assessed, in addition to the registration
 4662  fee, a $2.50 surcharge for motorized disability access vehicles.
 4663  This surcharge shall be paid into the Highway Safety Operating
 4664  Trust Fund. Motorized disability access vehicles shall not be
 4665  required to be titled by the department. The department shall
 4666  require motorized disability access vehicles to be subject to
 4667  the same safety requirements as set forth in this chapter for
 4668  motorcycles.
 4669         Section 67. Subsection (1) of section 316.21265, Florida
 4670  Statutes, is amended to read:
 4671         316.21265 Use of all-terrain vehicles, golf carts, low
 4672  speed vehicles, or utility vehicles by law enforcement
 4673  agencies.—
 4674         (1) Notwithstanding any provision of law to the contrary,
 4675  any law enforcement agency in this state may operate all-terrain
 4676  vehicles as defined in s. 316.2074, golf carts as defined in s.
 4677  320.01 320.01(22), low-speed vehicles as defined in s. 320.01
 4678  320.01(42), or utility vehicles as defined in s. 320.01
 4679  320.01(43) on any street, road, or highway in this state while
 4680  carrying out its official duties.
 4681         Section 68. Subsection (1) of section 316.3026, Florida
 4682  Statutes, is amended to read:
 4683         316.3026 Unlawful operation of motor carriers.—
 4684         (1) The Office of Commercial Vehicle Enforcement may issue
 4685  out-of-service orders to motor carriers, as defined in s. 320.01
 4686  320.01(33), who, after proper notice, have failed to pay any
 4687  penalty or fine assessed by the department, or its agent,
 4688  against any owner or motor carrier for violations of state law,
 4689  refused to submit to a compliance review and provide records
 4690  pursuant to s. 316.302(5) or s. 316.70, or violated safety
 4691  regulations pursuant to s. 316.302 or insurance requirements in
 4692  s. 627.7415. Such out-of-service orders have the effect of
 4693  prohibiting the operations of any motor vehicles owned, leased,
 4694  or otherwise operated by the motor carrier upon the roadways of
 4695  this state, until the violations have been corrected or
 4696  penalties have been paid. Out-of-service orders must be approved
 4697  by the director of the Division of the Florida Highway Patrol or
 4698  his or her designee. An administrative hearing pursuant to s.
 4699  120.569 shall be afforded to motor carriers subject to such
 4700  orders.
 4701         Section 69. Paragraph (a) of subsection (5) and subsection
 4702  (10) of section 316.550, Florida Statutes, are amended to read:
 4703         316.550 Operations not in conformity with law; special
 4704  permits.—
 4705         (5)(a) The Department of Transportation may issue a wrecker
 4706  special blanket permit to authorize a wrecker as defined in s.
 4707  320.01 320.01(40) to tow a disabled motor vehicle as defined in
 4708  s. 320.01 320.01(38) where the combination of the wrecker and
 4709  the disabled vehicle being towed exceeds the maximum weight
 4710  limits as established by s. 316.535.
 4711         (10) Whenever any motor vehicle, or the combination of a
 4712  wrecker as defined in s. 320.01 320.01(40) and a towed motor
 4713  vehicle, exceeds any weight or dimensional criteria or special
 4714  operational or safety stipulation contained in a special permit
 4715  issued under the provisions of this section, the penalty
 4716  assessed to the owner or operator shall be as follows:
 4717         (a) For violation of weight criteria contained in a special
 4718  permit, the penalty per pound or portion thereof exceeding the
 4719  permitted weight shall be as provided in s. 316.545.
 4720         (b) For each violation of dimensional criteria in a special
 4721  permit, the penalty shall be as provided in s. 316.516 and
 4722  penalties for multiple violations of dimensional criteria shall
 4723  be cumulative except that the total penalty for the vehicle
 4724  shall not exceed $1,000.
 4725         (c) For each violation of an operational or safety
 4726  stipulation in a special permit, the penalty shall be an amount
 4727  not to exceed $1,000 per violation and penalties for multiple
 4728  violations of operational or safety stipulations shall be
 4729  cumulative except that the total penalty for the vehicle shall
 4730  not exceed $1,000.
 4731         (d) For violation of any special condition that has been
 4732  prescribed in the rules of the Department of Transportation and
 4733  declared on the permit, the vehicle shall be determined to be
 4734  out of conformance with the permit and the permit shall be
 4735  declared null and void for the vehicle, and weight and
 4736  dimensional limits for the vehicle shall be as established in s.
 4737  316.515 or s. 316.535, whichever is applicable, and:
 4738         1. For weight violations, a penalty as provided in s.
 4739  316.545 shall be assessed for those weights which exceed the
 4740  limits thus established for the vehicle; and
 4741         2. For dimensional, operational, or safety violations, a
 4742  penalty as established in paragraph (c) or s. 316.516, whichever
 4743  is applicable, shall be assessed for each nonconforming
 4744  dimensional, operational, or safety violation and the penalties
 4745  for multiple violations shall be cumulative for the vehicle.
 4746         Section 70. Subsection (9) of section 317.0003, Florida
 4747  Statutes, is amended to read:
 4748         317.0003 Definitions.—As used in this chapter, the term:
 4749         (9) “ROV” means any motorized recreational off-highway
 4750  vehicle 64 inches or less in width, having a dry weight of 2,000
 4751  pounds or less, designed to travel on four or more nonhighway
 4752  tires, having nonstraddle seating and a steering wheel, and
 4753  manufactured for recreational use by one or more persons. The
 4754  term “ROV” does not include a golf cart as defined in ss. 320.01
 4755  320.01(22) and 316.003(68) or a low-speed vehicle as defined in
 4756  s. 320.01 320.01(42).
 4757         Section 71. Paragraph (d) of subsection (5) of section
 4758  320.08, Florida Statutes, is amended to read:
 4759         320.08 License taxes.—Except as otherwise provided herein,
 4760  there are hereby levied and imposed annual license taxes for the
 4761  operation of motor vehicles, mopeds, motorized bicycles as
 4762  defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
 4763  and mobile homes, as defined in s. 320.01, which shall be paid
 4764  to and collected by the department or its agent upon the
 4765  registration or renewal of registration of the following:
 4766         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
 4767  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
 4768         (d) A wrecker, as defined in s. 320.01 320.01(40), which is
 4769  used to tow a vessel as defined in s. 327.02(39), a disabled,
 4770  abandoned, stolen-recovered, or impounded motor vehicle as
 4771  defined in s. 320.01 320.01(38), or a replacement motor vehicle
 4772  as defined in s. 320.01 320.01(39): $41 flat, of which $11 shall
 4773  be deposited into the General Revenue Fund.
 4774         Section 72. Subsection (1) of section 320.0847, Florida
 4775  Statutes, is amended to read:
 4776         320.0847 Mini truck and low-speed vehicle license plates.—
 4777         (1) The department shall issue a license plate to the owner
 4778  or lessee of any vehicle registered as a low-speed vehicle as
 4779  defined in s. 320.01 320.01(42) or a mini truck as defined in s.
 4780  320.01 320.01(45) upon payment of the appropriate license taxes
 4781  and fees prescribed in s. 320.08.
 4782         Section 73. Section 322.282, Florida Statutes, is amended
 4783  to read:
 4784         322.282 Procedure when court revokes or suspends license or
 4785  driving privilege and orders reinstatement.—When a court
 4786  suspends or revokes a person’s license or driving privilege and,
 4787  in its discretion, orders reinstatement as provided by s.
 4788  322.28(2)(d) or former s. 322.261(5):
 4789         (1) The court shall pick up all revoked or suspended driver
 4790  driver’s licenses from the person and immediately forward them
 4791  to the department, together with a record of such conviction.
 4792  The clerk of such court shall also maintain a list of all
 4793  revocations or suspensions by the court.
 4794         (2)(a) The court shall issue an order of reinstatement, on
 4795  a form to be furnished by the department, which the person may
 4796  take to any driver driver’s license examining office. The
 4797  department shall issue a temporary driver driver’s permit to a
 4798  licensee who presents the court’s order of reinstatement, proof
 4799  of completion of a department-approved driver training or
 4800  substance abuse education course, and a written request for a
 4801  hearing under s. 322.271. The permit shall not be issued if a
 4802  record check by the department shows that the person has
 4803  previously been convicted for a violation of s. 316.193, former
 4804  s. 316.1931, former s. 316.028, former s. 860.01, or a previous
 4805  conviction outside this state for driving under the influence,
 4806  driving while intoxicated, driving with an unlawful blood
 4807  alcohol level, or any similar alcohol-related or drug-related
 4808  traffic offense; that the person’s driving privilege has been
 4809  previously suspended for refusal to submit to a lawful test of
 4810  breath, blood, or urine; or that the person is otherwise not
 4811  entitled to issuance of a driver driver’s license. This
 4812  paragraph shall not be construed to prevent the reinstatement of
 4813  a license or driving privilege that is presently suspended for
 4814  driving with an unlawful blood-alcohol level or a refusal to
 4815  submit to a breath, urine, or blood test and is also revoked for
 4816  a conviction for a violation of s. 316.193 or former s.
 4817  316.1931, if the suspension and revocation arise out of the same
 4818  incident.
 4819         (b) The temporary driver driver’s permit shall be
 4820  restricted to either business or employment purposes described
 4821  in s. 322.271, as determined by the department, and shall not be
 4822  used for pleasure, recreational, or nonessential driving.
 4823         (c) If the department determines at a later date from its
 4824  records that the applicant has previously been convicted of an
 4825  offense referred to in paragraph (a) which would render him or
 4826  her ineligible for reinstatement, the department shall cancel
 4827  the temporary driver driver’s permit and shall issue a
 4828  revocation or suspension order for the minimum period
 4829  applicable. A temporary permit issued pursuant to this section
 4830  shall be valid for 45 days or until canceled as provided in this
 4831  paragraph.
 4832         (d) The period of time for which a temporary permit issued
 4833  in accordance with paragraph (a) is valid shall be deemed to be
 4834  part of the period of revocation imposed by the court.
 4835         Section 74. Section 324.023, Florida Statutes, is amended
 4836  to read:
 4837         324.023 Financial responsibility for bodily injury or
 4838  death.—In addition to any other financial responsibility
 4839  required by law, every owner or operator of a motor vehicle that
 4840  is required to be registered in this state, or that is located
 4841  within this state, and who, regardless of adjudication of guilt,
 4842  has been found guilty of or entered a plea of guilty or nolo
 4843  contendere to a charge of driving under the influence under s.
 4844  316.193 after October 1, 2007, shall, by one of the methods
 4845  established in s. 324.031(1) or, (2), or (3), establish and
 4846  maintain the ability to respond in damages for liability on
 4847  account of accidents arising out of the use of a motor vehicle
 4848  in the amount of $100,000 because of bodily injury to, or death
 4849  of, one person in any one crash and, subject to such limits for
 4850  one person, in the amount of $300,000 because of bodily injury
 4851  to, or death of, two or more persons in any one crash and in the
 4852  amount of $50,000 because of property damage in any one crash.
 4853  If the owner or operator chooses to establish and maintain such
 4854  ability by posting a bond or furnishing a certificate of deposit
 4855  pursuant to s. 324.031(2) or (3), such bond or certificate of
 4856  deposit must be at least in an amount not less than $350,000.
 4857  Such higher limits must be carried for a minimum period of 3
 4858  years. If the owner or operator has not been convicted of
 4859  driving under the influence or a felony traffic offense for a
 4860  period of 3 years from the date of reinstatement of driving
 4861  privileges for a violation of s. 316.193, the owner or operator
 4862  shall be exempt from this section.
 4863         Section 75. Paragraph (c) of subsection (1) of section
 4864  324.171, Florida Statutes, is amended to read:
 4865         324.171 Self-insurer.—
 4866         (1) Any person may qualify as a self-insurer by obtaining a
 4867  certificate of self-insurance from the department which may, in
 4868  its discretion and upon application of such a person, issue said
 4869  certificate of self-insurance when such person has satisfied the
 4870  requirements of this section to qualify as a self-insurer under
 4871  this section:
 4872         (c) The owner of a commercial motor vehicle, as defined in
 4873  s. 207.002 207.002(2) or s. 320.01, may qualify as a self
 4874  insurer subject to the standards provided for in subparagraph
 4875  (b)2.
 4876         Section 76. Section 324.191, Florida Statutes, is amended
 4877  to read:
 4878         324.191 Consent to cancellation; direction to return money
 4879  or securities.—The department shall consent to the cancellation
 4880  of any bond or certificate of insurance furnished as proof of
 4881  financial responsibility pursuant to s. 324.031, or the
 4882  department shall return to the person entitled thereto cash or
 4883  securities deposited as proof of financial responsibility
 4884  pursuant to s. 324.031:
 4885         (1) Upon substitution and acceptance of other adequate
 4886  proof of financial responsibility pursuant to this chapter, or
 4887         (2) In the event of the death of the person on whose behalf
 4888  the proof was filed, or the permanent incapacity of such person
 4889  to operate a motor vehicle, or
 4890         (3) In the event the person who has given proof of
 4891  financial responsibility surrenders his or her license and all
 4892  registrations to the department; providing, however, that no
 4893  notice of court action has been filed with the department, a
 4894  judgment in which would result in claim on such proof of
 4895  financial responsibility.
 4896  
 4897  This section shall not apply to security as specified in s.
 4898  324.061 deposited pursuant to s. 324.051(2)(a)4.
 4899         Section 77. Subsection (3) of section 627.733, Florida
 4900  Statutes, is amended to read:
 4901         627.733 Required security.—
 4902         (3) Such security shall be provided:
 4903         (a) By an insurance policy delivered or issued for delivery
 4904  in this state by an authorized or eligible motor vehicle
 4905  liability insurer which provides the benefits and exemptions
 4906  contained in ss. 627.730-627.7405. Any policy of insurance
 4907  represented or sold as providing the security required hereunder
 4908  shall be deemed to provide insurance for the payment of the
 4909  required benefits; or
 4910         (b) By any other method authorized by s. 324.031(2) or,
 4911  (3), or (4) and approved by the Department of Highway Safety and
 4912  Motor Vehicles as affording security equivalent to that afforded
 4913  by a policy of insurance or by self-insuring as authorized by s.
 4914  768.28(16). The person filing such security shall have all of
 4915  the obligations and rights of an insurer under ss. 627.730
 4916  627.7405.
 4917         Section 78. Section 627.7415, Florida Statutes, is amended
 4918  to read:
 4919         627.7415 Commercial motor vehicles; additional liability
 4920  insurance coverage.—Commercial motor vehicles, as defined in s.
 4921  207.002 207.002(2) or s. 320.01, operated upon the roads and
 4922  highways of this state shall be insured with the following
 4923  minimum levels of combined bodily liability insurance and
 4924  property damage liability insurance in addition to any other
 4925  insurance requirements:
 4926         (1) Fifty thousand dollars per occurrence for a commercial
 4927  motor vehicle with a gross vehicle weight of 26,000 pounds or
 4928  more, but less than 35,000 pounds.
 4929         (2) One hundred thousand dollars per occurrence for a
 4930  commercial motor vehicle with a gross vehicle weight of 35,000
 4931  pounds or more, but less than 44,000 pounds.
 4932         (3) Three hundred thousand dollars per occurrence for a
 4933  commercial motor vehicle with a gross vehicle weight of 44,000
 4934  pounds or more.
 4935         (4) All commercial motor vehicles subject to regulations of
 4936  the United States Department of Transportation, Title 49 C.F.R.
 4937  part 387, subpart A, and as may be hereinafter amended, shall be
 4938  insured in an amount equivalent to the minimum levels of
 4939  financial responsibility as set forth in such regulations.
 4940  
 4941  A violation of this section is a noncriminal traffic infraction,
 4942  punishable as a nonmoving violation as provided in chapter 318.
 4943         Section 79. This act shall take effect July 1, 2013.