December 05, 2020
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_h0971__
HB 971

1
A bill to be entitled
2An act relating to motor vehicles, mobile homes, and
3vessels; amending s. 316.066, F.S.; revising requirements
4for written reports of crashes; requiring such reports to
5contain the names and addresses of all drivers and
6passengers; removing provisions for one or more counties
7to enter into an agreement with the appropriate state
8agency to be certified to have a traffic records center
9for the purpose of tabulating and analyzing traffic crash
10reports; deleting a requirement that fees charged for
11copies of certain traffic reports be used to fund traffic
12records centers; revising period of confidentiality of
13crash reports; authorizing the Department of Highway
14Safety and Motor Vehicles to waive specified fees for
15copies of certain public records provided to governmental
16agencies; removing provisions prohibiting certain crash
17reports from being used for commercial solicitation
18purposes; amending s. 316.159, F.S.; requiring that
19drivers of certain commercial motor vehicles slow before
20crossing a railroad grade; amending s. 316.1923, F.S.;
21providing penalties for aggressive careless driving;
22amending s. 316.1935, F.S.; defining the term "conviction"
23for purposes of provisions prohibiting fleeing or
24attempting to elude a law enforcement officer; amending s.
25316.2085, F.S.; revising the prohibition against operation
26of a motorcycle by a person under 16 years of age to
27prohibit the operation of a motorcycle with a motor that
28has 150 cubic centimeters displacement or less; amending
29s. 316.251, F.S.; correcting a cross-reference; amending
30s. 316.2952, F.S.; authorizing certain satellite reception
31devices to be attached to the windshield of a motor
32vehicle; amending s. 316.545, F.S., relating to weight and
33load limits; conforming terminology to changes made by the
34act; amending s. 316.646, F.S.; directing the department
35to suspend the registration and driver's license of a
36person convicted of failure to maintain required security
37on a motor vehicle; amending s. 318.14, F.S.; providing
38procedures for disposition of a citation for violating
39specified learner's driver's license restrictions;
40removing an erroneous reference; removing a requirement
41that a person who commits a noncriminal traffic infraction
42be cited to appear before an official; requiring a person
43who commits a traffic violation requiring a hearing or a
44criminal traffic violation to sign and accept a citation
45indicating a promise to appear for a hearing; providing
46penalties; providing for certain persons cited for
47specified offenses to provide proof of compliance to a
48designated official; providing alternative citation
49disposition procedures for the offense of operating a
50motor vehicle with a license that has been suspended for
51failure to pay certain financial obligations or failure to
52comply with specified education requirements; amending s.
53318.18, F.S.; providing a minimum penalty for aggressive
54careless driving; amending s. 318.19, F.S.; requiring a
55hearing on a citation for aggressive careless driving;
56amending s. 319.14, F.S.; providing requirements for the
57sale or exchange of custom vehicles and street rod
58vehicles; requiring identification on the certificate of
59title of the vehicle as a custom or street rod vehicle
60prior to the sale or exchange unless certain application
61procedures have been followed; providing for the
62department to affix a decal to the vehicle identifying the
63vehicle as being rebuilt; defining the terms "custom
64vehicle" and "street rod"; requiring disclosure prior to
65the sale or exchange and in any offer or advertisement to
66sell or exchange a custom or street rod vehicle; requiring
67information branded on the certificate of title to be
68noted on the registration and carried forward on
69subsequent title and registration certificates; providing
70penalties; limiting liability under certain conditions;
71amending s. 319.40, F.S., relating to issuance of
72certificates of title to motor vehicles and mobile homes;
73authorizing the department to collect and use Internet e-
74mail addresses and telephone numbers of motor vehicle
75owners and registrants for the purpose of providing
76notices to such owners and registrants; amending s.
77320.01, F.S.; deleting the definition of the term
78"apportioned motor vehicle"; revising the definition of
79the terms "apportionable vehicle" and "commercial motor
80vehicle"; revising weight amounts; amending s. 320.03,
81F.S.; revising terminology; revising the weight threshold
82at which a truck is charged a certain fee on registration
83and renewal of registration; amending s. 320.055, F.S.;
84revising the registration period for certain trucks;
85amending s. 320.071, F.S.; revising the time period during
86which the owner of an apportionable motor vehicle may file
87an application for renewal of registration; revising
88terminology relating to the vehicles registered in
89accordance with the International Registration Plan;
90amending s. 320.0715, F.S.; revising terminology relating
91to the vehicles registered in accordance with the
92International Registration Plan; amending s. 320.08, F.S.;
93conforming cross-references; amending s. 320.0807, F.S.;
94revising provisions governing the special license plates
95issued to federal and state legislators; amending s.
96320.084, F.S.; providing for a biennial registration
97renewal period for disabled veteran license plates;
98amending s. 320.0863, F.S., relating to custom vehicles
99and street rods; removing the definition of the terms
100"custom vehicle" and "street rod"; deleting a provision
101for the model year listed on the certificate of title;
102amending s. 320.27, F.S., relating to mobile home dealers,
103motor vehicle dealers, and recreational vehicle dealers;
104providing that the department may deny, suspend, or revoke
105a dealer's license for failure to honor a bank draft or
106check given to the department; providing for dispute of
107the action; providing that the department may deny,
108suspend, or revoke a dealer's license for failure to
109obtain a supplemental license for off-premises sales;
110amending s. 320.77, F.S.; revising requirements for a
111mobile home dealer to have evidence of title to a mobile
112home prior to offering the mobile home for sale;
113authorizing the sale if the dealer has made application
114for a title certificate or has reasonable indicia of
115ownership; amending s. 320.8225, F.S.; revising the
116requirements for a mobile home or recreational vehicle
117manufacturer, distributor, or importer to maintain
118security sufficient to assure satisfaction of claims
119against the licensee; removing provisions for a cash bond
120as such security; providing for a recreational vehicle
121manufacturer, distributor, or importer to provide a letter
122of credit as security; directing the department to notify
123a financial institution issuing an irrevocable letter of
124credit if the license is denied, suspended, or revoked;
125requiring a financial institution that honors a demand for
126payment as a condition specified in a letter of credit to
127notify the department of the payment; requiring the surety
128company or financial institution to provide notice to the
129department at least 30 days before cancellation of such
130surety bond or letter of credit; prohibiting such
131cancellation without the 30-day notice; directing the
132department to deny, suspend, or revoke the license of a
133manufacturer, distributor, or importer who conducts
134business during the license period without having the
135required surety bond or letter of credit; amending s.
136320.95, F.S., relating to taxes on and registration of
137motor vehicles and mobile homes; authorizing the
138department to collect and use Internet e-mail addresses
139and telephone numbers of motor vehicle owners and
140registrants for the purpose providing notices to such
141owners and registrants; amending s. 321.03, F.S.;
142providing that it is unlawful to possess or color or cause
143to be colored a motor vehicle or motorcycle of the same or
144similar color as those prescribed for the Florida Highway
145Patrol unless specifically authorized by the Florida
146Highway Patrol; amending s. 321.05, F.S.; providing that
147officers of the Florida Highway Patrol have the same
148arrest and other authority as that provided for certain
149other state law enforcement officers; amending s.
150322.0261, F.S.; directing the department to require a
151person convicted of aggressive careless driving to attend
152a department-approved driver improvement course in order
153to maintain driving privileges; amending s. 322.08, F.S.;
154authorizing the department to collect and use Internet e-
155mail addresses and telephone numbers of driver's license
156or identification card holders for the purpose of
157providing notices to such driver's license or
158identification card holders; amending s. 322.095, F.S.;
159removing a requirement that instructors of traffic law and
160substance abuse education courses be certified by the
161department; amending s. 322.121, F.S.; revising
162legislative intent for reexamination of licensed drivers
163upon renewal of the driver's license; removing a
164requirement that each licensee must pass a reexamination
165at the time of license renewal; amending s. 322.18, F.S.;
166providing that a person issued a driver's license using
167proof of nonimmigrant classification under specified
168provisions is not eligible to renew that license;
169providing for the department to send a driver's license
170renewal notice to a licensee's Internet e-mail address or
171telephone number; correcting a cross-reference; amending
172s. 322.212, F.S.; revising penalty provisions for offenses
173related to issuance, possession, and use of a driver's
174license or identification card; providing a mandatory
175minimum sentence for any state employee, agent of the
176department, or person participating in the driver's
177license issuance process who is convicted of such offense;
178providing that a court shall not suspend, defer, or
179withhold adjudication of guilt or imposition of sentence;
180providing that such person sentenced to the mandatory
181minimum term of imprisonment is not eligible for specified
182early release provisions; amending s. 322.22, F.S.;
183authorizing the department to cancel an identification
184card if the holder was not entitled to its issuance,
185failed to give correct information on the application for
186the card, committed fraud while making the application, or
187has multiple identification cards under different names;
188amending s. 322.2615, F.S.; revising requirements for
189information an officer must submit to the department after
190suspending a driver's license for certain DUI offenses;
191removing a requirement that the officer submit a copy of a
192crash report; authorizing the officer to submit such
193report; amending s. 322.27, F.S.; providing circumstances
194under which the department may suspend an identification
195card without a preliminary hearing; providing for points
196to be assessed against a person's driver's license for a
197conviction of aggressive careless driving; amending s.
198322.28, F.S., relating to the suspension or revocation of
199a driver's license or privilege to drive when convicted of
200certain violations involving a motor vehicle; providing
201that multiple convictions that occur on the same day
202resulting from violations that occurred on separate days
203shall be considered separate violations and the offense
204which occurred earliest shall be deemed a prior
205conviction; amending s. 322.61, F.S.; revising the period
206of disqualification from operating a commercial motor
207vehicle for a violation of an out-of-service order;
208amending s. 327.72, F.S., relating to imposition of
209penalties for certain vessel safety or registration or
210titling violations; providing that multiple convictions
211that occur on the same day resulting from violations that
212occurred on separate days shall be considered separate
213violations and the offense which occurred earliest shall
214be deemed a prior conviction; amending ss. 328.30 and
215328.80, F.S.; authorizing the department to collect and
216use Internet e-mail addresses and telephone numbers of
217vessel owners and registrants for the purpose of providing
218notices to such vessel owners and registrants; amending
219ss. 261.03, 316.2122, 316.2124, 316.21265, 316.3026,
220316.550, 317.0003, and 320.0847, F.S.; conforming cross-
221references; providing an effective date.
222
223Be It Enacted by the Legislature of the State of Florida:
224
225     Section 1.  Section 316.066, Florida Statutes, is amended
226to read:
227     316.066  Written reports of crashes.-
228     (1)  The driver of a vehicle which is in any manner
229involved in a crash resulting in bodily injury to or death of
230any person or damage to any vehicle or other property in an
231apparent amount of at least $500 shall, within 10 days after the
232crash, forward a written report of such crash to the department
233or traffic records center. However, when the investigating
234officer has made a written report of the crash pursuant to
235subsection (3), no written report need be forwarded to the
236department or traffic records center by the driver.
237     (2)  The receiving entity may require any driver of a
238vehicle involved in a crash of which a written report must be
239made as provided in this section to file supplemental written
240reports whenever the original report is insufficient in the
241opinion of the department and may require witnesses of crashes
242to render reports to the department.
243     (3)(a)  Every law enforcement officer who in the regular
244course of duty investigates a motor vehicle crash:
245     1.  Which crash resulted in death or personal injury shall,
246within 10 days after completing the investigation, forward a
247written report of the crash to the department or traffic records
248center.
249     2.  Which crash involved a violation of s. 316.061(1) or s.
250316.193 shall, within 10 days after completing the
251investigation, forward a written report of the crash to the
252department or traffic records center.
253     3.  In which crash a vehicle was rendered inoperative to a
254degree which required a wrecker to remove it from traffic may,
255within 10 days after completing the investigation, forward a
256written report of the crash to the department or traffic records
257center if such action is appropriate, in the officer's
258discretion.
259     (b)  In every case in which a crash report is required by
260this section and a written report to a law enforcement officer
261is not prepared, the law enforcement officer shall provide each
262party involved in the crash a short-form report, prescribed by
263the state, to be completed by the party. The short-form report
264must include:
265     1.  The date, time, and location of the crash;
266     2.  A description of the vehicles involved;
267     3.  The names and addresses of the parties involved;
268     4.  The names and addresses of all drivers and passengers
269in the vehicles involved;
270     5.4.  The names and addresses of witnesses;
271     6.5.  The name, badge number, and law enforcement agency of
272the officer investigating the crash; and
273     7.6.  The names of the insurance companies for the
274respective parties involved in the crash.
275     (c)  Each party to the crash shall provide the law
276enforcement officer with proof of insurance to be included in
277the crash report. If a law enforcement officer submits a report
278on the accident, proof of insurance must be provided to the
279officer by each party involved in the crash. Any party who fails
280to provide the required information is guilty of an infraction
281for a nonmoving violation, punishable as provided in chapter 318
282unless the officer determines that due to injuries or other
283special circumstances such insurance information cannot be
284provided immediately. If the person provides the law enforcement
285agency, within 24 hours after the crash, proof of insurance that
286was valid at the time of the crash, the law enforcement agency
287may void the citation.
288     (4)(a)  One or more counties may enter into an agreement
289with the appropriate state agency to be certified by the agency
290to have a traffic records center for the purpose of tabulating
291and analyzing countywide traffic crash reports. The agreement
292must include: certification by the agency that the center has
293adequate auditing and monitoring mechanisms in place to ensure
294the quality and accuracy of the data; the time period in which
295the traffic records center must report crash data to the agency;
296and the medium in which the traffic records must be submitted to
297the agency.
298     (b)  In the case of a county or multicounty area that has a
299certified central traffic records center, a law enforcement
300agency or driver must submit to the center within the time limit
301prescribed in this section a written report of the crash. A
302driver who is required to file a crash report must be notified
303of the proper place to submit the completed report.
304     (4)(c)  Fees for copies of public records provided by the
305investigating law enforcement agency may a certified traffic
306records center shall be charged and collected in an amount not
307to exceed those established below as follows:
308
309     For a crash report     $10 per copy.
310     For a homicide report     $25 per copy.
311     For a uniform traffic citation     $0.50 per copy.
312
313The fees collected for copies of the public records provided by
314a certified traffic records center shall be used to fund the
315center or otherwise as designated by the county or counties
316participating in the center.
317     (5)(a)  Crash reports that reveal the identity, home or
318employment telephone number, or home or employment address of,
319or other personal information concerning, the parties involved
320in the crash and that are held by any agency that regularly
321receives or prepares information from or concerning the parties
322to motor vehicle crashes are confidential and exempt from s.
323119.07(1) and s. 24(a), Art. I of the State Constitution for a
324period of 60 days after the date of the crash the report is
325filed.
326     (b)  Crash reports held by an agency under paragraph (a)
327may be made immediately available to the parties involved in the
328crash, their legal representatives, their licensed insurance
329agents, their insurers or insurers to which they have applied
330for coverage, persons under contract with such insurers to
331provide claims or underwriting information, prosecutorial
332authorities, victim services programs, radio and television
333stations licensed by the Federal Communications Commission,
334newspapers qualified to publish legal notices under ss. 50.011
335and 50.031, and free newspapers of general circulation,
336published once a week or more often, available and of interest
337to the public generally for the dissemination of news. For the
338purposes of this section, the following products or publications
339are not newspapers as referred to in this section:
340     1.  Products or publications those intended primarily for
341members of a particular profession or occupational group.;
342     2.  Products or publications those with the primary purpose
343of distributing advertising.; and
344     3.  Products or publications those with the primary purpose
345of publishing names and other personal identifying information
346concerning parties to motor vehicle crashes.
347     (c)  Any local, state, or federal agency that is authorized
348to have access to crash reports by any provision of law shall be
349granted such access in the furtherance of the agency's statutory
350duties. The department may waive the fees collected under
351subsection (4) for copies provided to such agencies.
352     (d)  As a condition precedent to accessing a crash report
353within 60 days after the date of the crash the report is filed,
354a person must present a valid driver's license or other
355photographic identification, proof of status, or identification
356that demonstrates his or her qualifications to access that
357information, and file a written sworn statement with the state
358or local agency in possession of the information stating that
359information from a crash report made confidential and exempt by
360this section will not be used for any commercial solicitation of
361accident victims, or knowingly disclosed to any third party for
362the purpose of such solicitation, during the period of time that
363the information remains confidential and exempt. In lieu of
364requiring the written sworn statement, an agency may provide
365crash reports by electronic means to third-party vendors under
366contract with one or more insurers, but only when such contract
367states that information from a crash report made confidential
368and exempt by this section will not be used for any commercial
369solicitation of accident victims by the vendors, or knowingly
370disclosed by the vendors to any third party for the purpose of
371such solicitation, during the period of time that the
372information remains confidential and exempt, and only when a
373copy of such contract is furnished to the agency as proof of the
374vendor's claimed status.
375     (e)  This subsection does not prevent the dissemination or
376publication of news to the general public by any legitimate
377media entitled to access confidential and exempt information
378pursuant to this section.
379     (6)(a)  Any driver failing to file the written report
380required under subsection (1) or subsection (2) commits a
381noncriminal traffic infraction, punishable as a nonmoving
382violation as provided in chapter 318.
383     (b)  Any employee of a state or local agency in possession
384of information made confidential and exempt by this section who
385knowingly discloses such confidential and exempt information to
386a person not entitled to access such information under this
387section is guilty of a felony of the third degree, punishable as
388provided in s. 775.082, s. 775.083, or s. 775.084.
389     (c)  Any person, knowing that he or she is not entitled to
390obtain information made confidential and exempt by this section,
391who obtains or attempts to obtain such information is guilty of
392a felony of the third degree, punishable as provided in s.
393775.082, s. 775.083, or s. 775.084.
394     (d)  Any person who knowingly uses confidential and exempt
395information in violation of a filed written sworn statement or
396contractual agreement required by this section commits a felony
397of the third degree, punishable as provided in s. 775.082, s.
398775.083, or s. 775.084.
399     (7)  Except as specified in this subsection, each crash
400report made by a person involved in a crash and any statement
401made by such person to a law enforcement officer for the purpose
402of completing a crash report required by this section shall be
403without prejudice to the individual so reporting. No such report
404or statement shall be used as evidence in any trial, civil or
405criminal. However, subject to the applicable rules of evidence,
406a law enforcement officer at a criminal trial may testify as to
407any statement made to the officer by the person involved in the
408crash if that person's privilege against self-incrimination is
409not violated. The results of breath, urine, and blood tests
410administered as provided in s. 316.1932 or s. 316.1933 are not
411confidential and shall be admissible into evidence in accordance
412with the provisions of s. 316.1934(2). Crash reports made by
413persons involved in crashes shall not be used for commercial
414solicitation purposes; however, the use of a crash report for
415purposes of publication in a newspaper or other news periodical
416or a radio or television broadcast shall not be construed as
417"commercial purpose."
418     (8)  A law enforcement officer, as defined in s. 943.10(1),
419may enforce this section.
420     Section 2.  Section 316.159, Florida Statutes, is amended
421to read:
422     316.159  Certain vehicles to stop or slow at all railroad
423grade crossings.-
424     (1)  The driver of any motor vehicle carrying passengers
425for hire, excluding taxicabs, of any school bus carrying any
426school child, or of any vehicle carrying explosive substances or
427flammable liquids as a cargo or part of a cargo, before crossing
428at grade any track or tracks of a railroad, shall stop such
429vehicle within 50 feet but not less than 15 feet from the
430nearest rail of the railroad and, while so stopped, shall listen
431and look in both directions along the track for any approaching
432train, and for signals indicating the approach of a train,
433except as hereinafter provided, and shall not proceed until he
434or she can do so safely. After stopping as required herein and
435upon proceeding when it is safe to do so, the driver of any such
436vehicle shall cross only in a gear of the vehicle so that there
437will be no necessity for changing gears while traversing the
438crossing, and the driver shall not shift gears while crossing
439the track or tracks.
440     (2)  No stop need be made at any such crossing where a
441police officer, a traffic control signal, or a sign directs
442traffic to proceed. However, any school bus carrying any school
443child shall be required to stop unless directed to proceed by a
444police officer.
445     (3)  The driver of any commercial motor vehicle that is not
446required to stop under subsection (1) or subsection (2) before
447crossing the track or tracks of any railroad grade crossing
448shall slow the motor vehicle and check that the tracks are clear
449of an approaching train.
450     (4)(3)  A violation of this section is a noncriminal
451traffic infraction, punishable as a moving violation as provided
452in chapter 318.
453     Section 3.  Section 316.1923, Florida Statutes, is amended
454to read:
455     316.1923  Aggressive careless driving.-
456     (1)  "Aggressive careless driving" means committing two or
457more of the following acts simultaneously or in succession:
458     (a)(1)  Exceeding the posted speed as defined in s.
459322.27(3)(d)5.b.
460     (b)(2)  Unsafely or improperly changing lanes as defined in
461s. 316.085.
462     (c)(3)  Following another vehicle too closely as defined in
463s. 316.0895(1).
464     (d)(4)  Failing to yield the right-of-way as defined in s.
465316.079, s. 316.0815, or s. 316.123.
466     (e)(5)  Improperly passing as defined in s. 316.083, s.
467316.084, or s. 316.085.
468     (f)(6)  Violating traffic control and signal devices as
469defined in ss. 316.074 and 316.075.
470     (2)  A person who commits aggressive careless driving
471commits a noncriminal traffic infraction punishable as a moving
472violation as provided in chapter 318. A law enforcement officer
473issuing a citation for a violation of this section shall not
474also issue separate citations for violations of the acts listed
475in subsection (1).
476     Section 4.  Section 316.1935, Florida Statutes, is amended
477to read:
478     316.1935  Fleeing or attempting to elude a law enforcement
479officer; aggravated fleeing or eluding.-
480     (1)  It is unlawful for the operator of any vehicle, having
481knowledge that he or she has been ordered to stop such vehicle
482by a duly authorized law enforcement officer, willfully to
483refuse or fail to stop the vehicle in compliance with such order
484or, having stopped in knowing compliance with such order,
485willfully to flee in an attempt to elude the officer, and a
486person who violates this subsection commits a felony of the
487third degree, punishable as provided in s. 775.082, s. 775.083,
488or s. 775.084.
489     (2)  Any person who willfully flees or attempts to elude a
490law enforcement officer in an authorized law enforcement patrol
491vehicle, with agency insignia and other jurisdictional markings
492prominently displayed on the vehicle, with siren and lights
493activated commits a felony of the third degree, punishable as
494provided in s. 775.082, s. 775.083, or s. 775.084.
495     (3)  Any person who willfully flees or attempts to elude a
496law enforcement officer in an authorized law enforcement patrol
497vehicle, with agency insignia and other jurisdictional markings
498prominently displayed on the vehicle, with siren and lights
499activated, and during the course of the fleeing or attempted
500eluding:
501     (a)  Drives at high speed, or in any manner which
502demonstrates a wanton disregard for the safety of persons or
503property, commits a felony of the second degree, punishable as
504provided in s. 775.082, s. 775.083, or s. 775.084.
505     (b)  Drives at high speed, or in any manner which
506demonstrates a wanton disregard for the safety of persons or
507property, and causes serious bodily injury or death to another
508person, including any law enforcement officer involved in
509pursuing or otherwise attempting to effect a stop of the
510person's vehicle, commits a felony of the first degree,
511punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
512Notwithstanding any other provision of law, the court shall
513sentence any person convicted of committing the offense
514described in this paragraph to a mandatory minimum sentence of 3
515years imprisonment. Nothing in this paragraph shall prevent a
516court from imposing a greater sentence of incarceration as
517authorized by law.
518     (4)  Any person who, in the course of unlawfully leaving or
519attempting to leave the scene of a crash in violation of s.
520316.027 or s. 316.061, having knowledge of an order to stop by a
521duly authorized law enforcement officer, willfully refuses or
522fails to stop in compliance with such an order, or having
523stopped in knowing compliance with such order, willfully flees
524in an attempt to elude such officer and, as a result of such
525fleeing or eluding:
526     (a)  Causes injury to another person or causes damage to
527any property belonging to another person, commits aggravated
528fleeing or eluding, a felony of the second degree, punishable as
529provided in s. 775.082, s. 775.083, or s. 775.084.
530     (b)  Causes serious bodily injury or death to another
531person, including any law enforcement officer involved in
532pursuing or otherwise attempting to effect a stop of the
533person's vehicle, commits aggravated fleeing or eluding with
534serious bodily injury or death, a felony of the first degree,
535punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
536
537The felony of aggravated fleeing or eluding and the felony of
538aggravated fleeing or eluding with serious bodily injury or
539death constitute separate offenses for which a person may be
540charged, in addition to the offenses under ss. 316.027 and
541316.061, relating to unlawfully leaving the scene of a crash,
542which the person had been in the course of committing or
543attempting to commit when the order to stop was given.
544Notwithstanding any other provision of law, the court shall
545sentence any person convicted of committing aggravated fleeing
546or eluding with serious bodily injury or death to a mandatory
547minimum sentence of 3 years imprisonment. Nothing in this
548subsection shall prevent a court from imposing a greater
549sentence of incarceration as authorized by law.
550     (5)  The court shall revoke, for a period not less than 1
551year nor exceeding 5 years, the driver's license of any operator
552of a motor vehicle convicted of a violation of subsection (1),
553subsection (2), subsection (3), or subsection (4).
554     (6)  Notwithstanding s. 948.01, no court may suspend,
555defer, or withhold adjudication of guilt or imposition of
556sentence for any violation of this section. A person convicted
557and sentenced to a mandatory minimum term of incarceration under
558paragraph (3)(b) or paragraph (4)(b) is not eligible for
559statutory gain-time under s. 944.275 or any form of
560discretionary early release, other than pardon or executive
561clemency or conditional medical release under s. 947.149, prior
562to serving the mandatory minimum sentence.
563     (7)  Any motor vehicle involved in a violation of this
564section is deemed to be contraband, which may be seized by a law
565enforcement agency and is subject to forfeiture pursuant to ss.
566932.701-932.704. Any vehicle not required to be titled under the
567laws of this state is presumed to be the property of the person
568in possession of the vehicle.
569     (8)  As used in this section, the term "conviction" means a
570determination of guilt that is the result of a plea or trial,
571regardless of whether adjudication is withheld.
572     Section 5.  Subsection (6) of section 316.2085, Florida
573Statutes, is amended to read:
574     316.2085  Riding on motorcycles or mopeds.-
575     (6)  A person who has not attained under 16 years of age
576may not:
577     (a)  Operate a motorcycle that has a motor with more than
578150 cubic centimeters displacement.
579     (b)  Rent a motorcycle or a moped.
580     Section 6.  Subsection (2) of section 316.251, Florida
581Statutes, is amended to read:
582     316.251  Maximum bumper heights.-
583     (2)  "New motor vehicles" as defined in s. 319.001(9),
584"antique automobiles" as defined in s. 320.08, "horseless
585carriages" as defined in s. 320.086, and "street rods" as
586defined in s. 319.14 320.0863 shall be excluded from the
587requirements of this section.
588     Section 7.  Paragraph (d) is added to subsection (2) of
589section 316.2952, Florida Statutes, to read:
590     316.2952  Windshields; requirements; restrictions.-
591     (2)  A person shall not operate any motor vehicle on any
592public highway, road, or street with any sign, sunscreening
593material, product, or covering attached to, or located in or
594upon, the windshield, except the following:
595     (d)  A global positioning system device or similar
596satellite receiver device which uses the global positioning
597system operated pursuant to 10 U.S.C. s. 2281 for the purpose of
598obtaining navigation or routing information while the motor
599vehicle is being operated.
600     Section 8.  Paragraph (c) of subsection (3) of section
601316.545, Florida Statutes, is amended to read:
602     316.545  Weight and load unlawful; special fuel and motor
603fuel tax enforcement; inspection; penalty; review.-
604     (3)  Any person who violates the overloading provisions of
605this chapter shall be conclusively presumed to have damaged the
606highways of this state by reason of such overloading, which
607damage is hereby fixed as follows:
608     (c)  An apportionable apportioned motor vehicle, as defined
609in s. 320.01, operating on the highways of this state without
610being properly licensed and registered shall be subject to the
611penalties as herein provided; and
612     Section 9.  Subsection (3) of section 316.646, Florida
613Statutes, is amended to read:
614     316.646  Security required; proof of security and display
615thereof; dismissal of cases.-
616     (3)  Any person who violates this section commits a
617nonmoving traffic infraction subject to the penalty provided in
618chapter 318 and shall be required to furnish proof of security
619as provided in this section. If any person charged with a
620violation of this section fails to furnish proof, at or before
621the scheduled court appearance date, that security was in effect
622at the time of the violation, the court shall, upon conviction,
623notify the department to may immediately suspend the
624registration and driver's license of such person. If the court
625fails to order the suspension of the person's registration and
626driver's license for a conviction of this section at the time of
627sentencing, the department shall, upon receiving notice of the
628conviction from the court, suspend the person's registration and
629driver's license for the violation of this section. Such license
630and registration may be reinstated only as provided in s.
631324.0221.
632     Section 10.  Subsections (1), (2), (3), (10), and (13) of
633section 318.14, Florida Statutes, are amended to read:
634     318.14  Noncriminal traffic infractions; exception;
635procedures.-
636     (1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
637person cited for a violation of chapter 316, s. 320.0605, s.
638320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
639(3), s. 322.1615 322.161(5), s. 322.19, or s. 1006.66(3) is
640charged with a noncriminal infraction and must be cited for such
641an infraction and cited to appear before an official. If another
642person dies as a result of the noncriminal infraction, the
643person cited may be required to perform 120 community service
644hours under s. 316.027(4), in addition to any other penalties.
645     (2)  Except as provided in s. 316.1001(2), any person cited
646for a violation requiring a mandatory hearing listed in s.
647318.19 or any other criminal traffic violation listed in chapter
648316 an infraction under this section must sign and accept a
649citation indicating a promise to appear. The officer may
650indicate on the traffic citation the time and location of the
651scheduled hearing and must indicate the applicable civil penalty
652established in s. 318.18.
653     (3)  Any person who willfully refuses to accept and sign a
654summons as provided in subsection (2) commits is guilty of a
655misdemeanor of the second degree.
656     (10)(a)  Any person who does not hold a commercial driver's
657license and who is cited for an offense listed under this
658subsection may, in lieu of payment of fine or court appearance,
659elect to enter a plea of nolo contendere and provide proof of
660compliance to the clerk of the court, designated official, or
661authorized operator of a traffic violations bureau. In such
662case, adjudication shall be withheld; however, no election shall
663be made under this subsection if such person has made an
664election under this subsection in the 12 months preceding
665election hereunder. No person may make more than three elections
666under this subsection. This subsection applies to the following
667offenses:
668     1.  Operating a motor vehicle without a valid driver's
669license in violation of the provisions of s. 322.03, s. 322.065,
670or s. 322.15(1), or operating a motor vehicle with a license
671that which has been suspended for failure to appear, failure to
672pay civil penalty, or failure to attend a driver improvement
673course pursuant to s. 322.291.
674     2.  Operating a motor vehicle without a valid registration
675in violation of s. 320.0605, s. 320.07, or s. 320.131.
676     3.  Operating a motor vehicle in violation of s. 316.646.
677     4.  Operating a motor vehicle with a license that has been
678suspended under s. 61.13016 or s. 322.245 for failure to pay
679child support or for failure to pay any other financial
680obligation as provided in s. 322.245; however, this subsection
681does not apply if the license has been suspended pursuant to s.
682322.245(1).
683     5.  Operating a motor vehicle with a license which has been
684suspended under s. 322.091.
685     (b)  Any person cited for an offense listed in this
686subsection shall present proof of compliance prior to the
687scheduled court appearance date. For the purposes of this
688subsection, proof of compliance shall consist of a valid,
689renewed, or reinstated driver's license or registration
690certificate and proper proof of maintenance of security as
691required by s. 316.646. Notwithstanding waiver of fine, any
692person establishing proof of compliance shall be assessed court
693costs of $25, except that a person charged with violation of s.
694316.646(1)-(3) may be assessed court costs of $8. One dollar of
695such costs shall be remitted to the Department of Revenue for
696deposit into the Child Welfare Training Trust Fund of the
697Department of Children and Family Services. One dollar of such
698costs shall be distributed to the Department of Juvenile Justice
699for deposit into the Juvenile Justice Training Trust Fund.
700Fourteen dollars of such costs shall be distributed to the
701municipality and $9 shall be deposited by the clerk of the court
702into the fine and forfeiture fund established pursuant to s.
703142.01, if the offense was committed within the municipality. If
704the offense was committed in an unincorporated area of a county
705or if the citation was for a violation of s. 316.646(1)-(3), the
706entire amount shall be deposited by the clerk of the court into
707the fine and forfeiture fund established pursuant to s. 142.01,
708except for the moneys to be deposited into the Child Welfare
709Training Trust Fund and the Juvenile Justice Training Trust
710Fund. This subsection shall not be construed to authorize the
711operation of a vehicle without a valid driver's license, without
712a valid vehicle tag and registration, or without the maintenance
713of required security.
714     (13)(a)  A person cited for a violation listed in of s.
715316.1926 shall, in addition to any other requirements provided
716in this section, pay a fine of $1,000. This fine is in lieu of
717the fine required under s. 318.18(3)(b), if the person was cited
718for violation listed in of s. 316.1926(2).
719     (b)  A person cited for a second violation listed in of s.
720316.1926 shall, in addition to any other requirements provided
721in this section, pay a fine of $2,500. This fine is in lieu of
722the fine required under s. 318.18(3)(b), if the person was cited
723for violation listed in of s. 316.1926(2). In addition, the
724court shall revoke the person's authorization and privilege to
725operate a motor vehicle for a period of 1 year and order the
726person to surrender his or her driver's license.
727     (c)  A person cited for a third violation listed in of s.
728316.1926 commits a felony of the third degree, punishable as
729provided in s. 775.082, s. 775.083, or s. 775.084. Upon
730conviction, the court shall impose a fine of $5,000, revoke the
731person's authorization and privilege to operate a motor vehicle
732for a period of 10 years, and order the person to surrender his
733or her driver's license.
734     Section 11.  Paragraph (i) is added to subsection (3) of
735section 318.18, Florida Statutes, to read:
736     318.18  Amount of penalties.-The penalties required for a
737noncriminal disposition pursuant to s. 318.14 or a criminal
738offense listed in s. 318.17 are as follows:
739     (3)(a)  Except as otherwise provided in this section, $60
740for all moving violations not requiring a mandatory appearance.
741     (i)  A person cited for aggressive careless driving as
742provided in s. 316.1923 shall pay a fine at least double the
743amount listed in paragraph (a).
744     Section 12.  Subsection (6) is added to section 318.19,
745Florida Statutes, to read:
746     318.19  Infractions requiring a mandatory hearing.-Any
747person cited for the infractions listed in this section shall
748not have the provisions of s. 318.14(2), (4), and (9) available
749to him or her but must appear before the designated official at
750the time and location of the scheduled hearing:
751     (6)  Any infraction of s. 316.1923.
752     Section 13.  Section 319.14, Florida Statutes, is amended
753to read:
754     319.14  Sale of motor vehicles registered or used as
755taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
756and nonconforming vehicles, custom vehicles, and street rod
757vehicles.-
758     (1)(a)  No person shall knowingly offer for sale, sell, or
759exchange any vehicle that has been licensed, registered, or used
760as a taxicab, police vehicle, or short-term-lease vehicle, or a
761vehicle that has been repurchased by a manufacturer pursuant to
762a settlement, determination, or decision under chapter 681,
763until the department has stamped in a conspicuous place on the
764certificate of title of the vehicle, or its duplicate, words
765stating the nature of the previous use of the vehicle or the
766title has been stamped "Manufacturer's Buy Back" to reflect that
767the vehicle is a nonconforming vehicle. If the certificate of
768title or duplicate was not so stamped upon initial issuance
769thereof or if, subsequent to initial issuance of the title, the
770use of the vehicle is changed to a use requiring the notation
771provided for in this section, the owner or lienholder of the
772vehicle shall surrender the certificate of title or duplicate to
773the department prior to offering the vehicle for sale, and the
774department shall stamp the certificate or duplicate as required
775herein. When a vehicle has been repurchased by a manufacturer
776pursuant to a settlement, determination, or decision under
777chapter 681, the title shall be stamped "Manufacturer's Buy
778Back" to reflect that the vehicle is a nonconforming vehicle.
779     (b)  No person shall knowingly offer for sale, sell, or
780exchange a rebuilt vehicle until the department has stamped in a
781conspicuous place on the certificate of title for the vehicle
782words stating that the vehicle has been rebuilt or assembled
783from parts, or is a kit car, glider kit, replica, or flood
784vehicle, custom vehicle, or street rod vehicle unless proper
785application for a certificate of title for a vehicle that is
786rebuilt or assembled from parts, or is a kit car, glider kit,
787replica, or flood vehicle, custom vehicle, or street rod vehicle
788has been made to the department in accordance with this chapter
789and the department has conducted the physical examination of the
790vehicle to assure the identity of the vehicle and all major
791component parts, as defined in s. 319.30(1), which have been
792repaired or replaced. Thereafter, the department shall affix a
793decal to the vehicle, in the manner prescribed by the
794department, showing the vehicle to be rebuilt.
795     (c)  As used in this section:
796     1.4.  "Assembled from parts" means a motor vehicle or
797mobile home assembled from parts or combined from parts of motor
798vehicles or mobile homes, new or used. "Assembled from parts"
799does not mean a motor vehicle defined as a "rebuilt vehicle" in
800subparagraph 8. 3., which has been declared a total loss
801pursuant to s. 319.30.
802     2.  "Custom vehicle" means a motor vehicle that:
803     a.  Is 25 years or older and of a model year after 1948 or
804was manufactured to resemble a vehicle that is 25 years old or
805older and of a model year after 1948; and
806     b.  Has been altered from the manufacturer's original
807design or has a body constructed from nonoriginal materials.
808
809The model year and year of manufacture which the body of a
810custom vehicle resembles is the model year and year of
811manufacture listed on the certificate of title, regardless of
812when the vehicle was actually manufactured.
813     3.8.  "Flood vehicle" means a motor vehicle or mobile home
814that has been declared to be a total loss pursuant to s.
815319.30(3)(a) resulting from damage caused by water.
816     4.6.  "Glider kit" means a vehicle assembled with a kit
817supplied by a manufacturer to rebuild a wrecked or outdated
818truck or truck tractor.
819     5.  "Kit car" means a motor vehicle assembled with a kit
820supplied by a manufacturer to rebuild a wrecked or outdated
821motor vehicle with a new body kit.
822     6.9.  "Nonconforming vehicle" means a motor vehicle which
823has been purchased by a manufacturer pursuant to a settlement,
824determination, or decision under chapter 681.
825     7.1.  "Police vehicle" means a motor vehicle owned or
826leased by the state or a county or municipality and used in law
827enforcement.
828     8.3.  "Rebuilt vehicle" means a motor vehicle or mobile
829home built from salvage or junk, as defined in s. 319.30(1).
830     9.7.  "Replica" means a complete new motor vehicle
831manufactured to look like an old vehicle.
832     10.  "Settlement" means an agreement entered into between a
833manufacturer and a consumer that occurs after a dispute is
834submitted to a program, or an informal dispute settlement
835procedure established by a manufacturer or is approved for
836arbitration before the New Motor Vehicle Arbitration Board as
837defined in s. 681.102.
838     11.2.a.  "Short-term-lease vehicle" means a motor vehicle
839leased without a driver and under a written agreement to one or
840more persons from time to time for a period of less than 12
841months.
842     b.  "Long-term-lease vehicle" means a motor vehicle leased
843without a driver and under a written agreement to one person for
844a period of 12 months or longer.
845     c.  "Lease vehicle" includes both short-term-lease vehicles
846and long-term-lease vehicles.
847     12.  "Street rod" means a motor vehicle that:
848     a.  Is of a model year of 1948 or older or was manufactured
849after 1948 to resemble a vehicle of a model year of 1948 or
850older; and
851     b.  Has been altered from the manufacturer's original
852design or has a body constructed from nonoriginal materials.
853
854The model year and year of manufacture which the body of a
855street rod resembles is the model year and year of manufacture
856listed on the certificate of title, regardless of when the
857vehicle was actually manufactured.
858     (2)  No person shall knowingly sell, exchange, or transfer
859a vehicle referred to in subsection (1) without, prior to
860consummating the sale, exchange, or transfer, disclosing in
861writing to the purchaser, customer, or transferee the fact that
862the vehicle has previously been titled, registered, or used as a
863taxicab, police vehicle, or short-term-lease vehicle or is a
864vehicle that is rebuilt or assembled from parts, or is a kit
865car, glider kit, replica, or flood vehicle, or is a
866nonconforming vehicle, custom vehicle, or street rod vehicle, as
867the case may be.
868     (3)  Any person who, with intent to offer for sale or
869exchange any vehicle referred to in subsection (1), knowingly or
870intentionally advertises, publishes, disseminates, circulates,
871or places before the public in any communications medium,
872whether directly or indirectly, any offer to sell or exchange
873the vehicle shall clearly and precisely state in each such offer
874that the vehicle has previously been titled, registered, or used
875as a taxicab, police vehicle, or short-term-lease vehicle or
876that the vehicle or mobile home is a vehicle that is rebuilt or
877assembled from parts, or is a kit car, glider kit, replica, or
878flood vehicle, or a nonconforming vehicle, custom vehicle, or
879street rod vehicle, as the case may be. Any person who violates
880this subsection commits a misdemeanor of the second degree,
881punishable as provided in s. 775.082 or s. 775.083.
882     (4)  When a certificate of title, including a foreign
883certificate, is branded to reflect a condition or prior use of
884the titled vehicle, the brand must be noted on the registration
885certificate of the vehicle and such brand shall be carried
886forward on all subsequent certificates of title and registration
887certificates issued for the life of the vehicle.
888     (5)  Any person who knowingly sells, exchanges, or offers
889to sell or exchange a motor vehicle or mobile home contrary to
890the provisions of this section or any officer, agent, or
891employee of a person who knowingly authorizes, directs, aids in,
892or consents to the sale, exchange, or offer to sell or exchange
893a motor vehicle or mobile home contrary to the provisions of
894this section commits a misdemeanor of the second degree,
895punishable as provided in s. 775.082 or s. 775.083.
896     (6)  Any person who removes a rebuilt decal from a rebuilt
897vehicle with the intent to conceal the rebuilt status of the
898vehicle commits a felony of the third degree, punishable as
899provided in s. 775.082, s. 775.083, or s. 775.084.
900     (7)  This section applies to a mobile home, travel trailer,
901camping trailer, truck camper, or fifth-wheel recreation trailer
902only when such mobile home or vehicle is a rebuilt vehicle or is
903assembled from parts.
904     (8)  No person shall be liable or accountable in any civil
905action arising out of a violation of this section if the
906designation of the previous use or condition of the motor
907vehicle is not noted on the certificate of title and
908registration certificate of the vehicle which was received by,
909or delivered to, such person, unless such person has actively
910concealed the prior use or condition of the vehicle from the
911purchaser.
912     (9)  Subsections (1), (2), and (3) do not apply to the
913transfer of ownership of a motor vehicle after the motor vehicle
914has ceased to be used as a lease vehicle and the ownership has
915been transferred to an owner for private use or to the transfer
916of ownership of a nonconforming vehicle with 36,000 or more
917miles on its odometer, or 34 months whichever is later and the
918ownership has been transferred to an owner for private use. Such
919owner, as shown on the title certificate, may request the
920department to issue a corrected certificate of title that does
921not contain the statement of the previous use of the vehicle as
922a lease vehicle or condition as a nonconforming vehicle.
923     Section 14.  Section 319.40, Florida Statutes, is amended
924to read:
925     319.40  Transactions by electronic or telephonic means.-
926     (1)  The department may is authorized to accept any
927application provided for under this chapter by electronic or
928telephonic means.
929     (2)  The department may collect and use Internet e-mail
930addresses and telephone numbers of motor vehicle owners and
931registrants for the purpose of providing notices to such owners
932and registrants in lieu of the United States Postal Service.
933     Section 15.  Subsection (23) of section 320.01, Florida
934Statutes, is repealed, subsections (24) through (45) are
935renumbered as subsections (23) through (44), respectively, and
936present subsections (25) and (26) of that section are amended to
937read:
938     320.01  Definitions, general.-As used in the Florida
939Statutes, except as otherwise provided, the term:
940     (23)  "Apportioned motor vehicle" means any motor vehicle
941which is required to be registered, or with respect to which an
942election has been made to register it, under the International
943Registration Plan.
944     (24)(25)  "Apportionable vehicle" means any vehicle, except
945recreational vehicles, vehicles displaying restricted plates,
946city pickup and delivery vehicles, buses used in transportation
947of chartered parties, and government-owned vehicles, which is
948used or intended for use in two or more member jurisdictions
949that allocate or proportionally register vehicles and which is
950used for the transportation of persons for hire or is designed,
951used, or maintained primarily for the transportation of property
952and:
953     (a)  Is a power unit having a gross vehicle weight in
954excess of 26,000 26,001 pounds;
955     (b)  Is a power unit having three or more axles, regardless
956of weight; or
957     (c)  Is used in combination, when the weight of such
958combination exceeds 26,000 26,001 pounds gross vehicle weight.
959
960Vehicles, or combinations thereof, having a gross vehicle weight
961of 26,000 26,001 pounds or less and two-axle vehicles may be
962proportionally registered.
963     (25)(26)  "Commercial motor vehicle" means any vehicle
964which is not owned or operated by a governmental entity, which
965uses special fuel or motor fuel on the public highways, and
966which has a gross vehicle weight of 26,001 pounds or more, or
967has three or more axles regardless of weight, or is used in
968combination when the weight of such combination exceeds 26,000
96926,001 pounds gross vehicle weight. A vehicle that occasionally
970transports personal property to and from a closed-course
971motorsport facility, as defined in s. 549.09(1)(a), is not a
972commercial motor vehicle if the use is not for profit and
973corporate sponsorship is not involved. As used in this
974subsection, the term "corporate sponsorship" means a payment,
975donation, gratuity, in-kind service, or other benefit provided
976to or derived by a person in relation to the underlying
977activity, other than the display of product or corporate names,
978logos, or other graphic information on the property being
979transported.
980     Section 16.  Subsections (7) and (9) of section 320.03,
981Florida Statutes, are amended to read:
982     320.03  Registration; duties of tax collectors;
983International Registration Plan.-
984     (7)  The Department of Highway Safety and Motor Vehicles
985shall register apportionable apportioned motor vehicles under
986the provisions of the International Registration Plan. The
987department may adopt rules to implement and enforce the
988provisions of the plan.
989     (9)  A nonrefundable fee of $1.50 shall be charged on the
990initial and renewal registration of each automobile for private
991use, and on the initial and renewal registration of each truck
992having a net weight of 8,000 5,000 pounds or less. Such fees
993shall be deposited in the Transportation Disadvantaged Trust
994Fund created in part I of chapter 427 and shall be used as
995provided therein, except that priority shall be given to the
996transportation needs of those who, because of age or physical
997and mental disability, are unable to transport themselves and
998are dependent upon others to obtain access to health care,
999employment, education, shopping, or other life-sustaining
1000activities.
1001     Section 17.  Paragraph (a) of subsection (1) and subsection
1002(5) of section 320.055, Florida Statutes, are amended to read:
1003     320.055  Registration periods; renewal periods.-The
1004following registration periods and renewal periods are
1005established:
1006     (1)(a)  For a motor vehicle subject to registration under
1007s. 320.08(1), (2), (3), (4)(a) and (b), (5)(b), (c), (d), or
1008(f), (6)(a), (7), (8), (9), or (10) and owned by a natural
1009person, the registration period begins the first day of the
1010birth month of the owner and ends the last day of the month
1011immediately preceding the owner's birth month in the succeeding
1012year. If such vehicle is registered in the name of more than one
1013person, the birth month of the person whose name first appears
1014on the registration shall be used to determine the registration
1015period. For a vehicle subject to this registration period, the
1016renewal period is the 30-day period ending at midnight on the
1017vehicle owner's date of birth.
1018     (5)  For a vehicle subject to apportioned registration
1019under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the
1020registration period shall be a period of 12 months beginning in
1021a month designated by the department and ending on the last day
1022of the 12th month. For a vehicle subject to this registration
1023period, the renewal period is the last month of the registration
1024period. The registration period may be shortened or extended at
1025the discretion of the department, on receipt of the appropriate
1026prorated fees, in order to evenly distribute such registrations
1027on a monthly basis. For a vehicle subject to nonapportioned
1028registration under s. 320.08(4)(a) and (b) and not owned by a
1029natural person, (4)(c)-(n), (5)(a)1., (6)(b), or (14), the
1030registration period begins December 1 and ends November 30. The
1031renewal period is the 31-day period beginning December 1.
1032     Section 18.  Paragraph (b) of subsection (1) of section
1033320.071, Florida Statutes, is amended to read:
1034     320.071  Advance registration renewal; procedures.-
1035     (1)
1036     (b)  The owner of any apportionable apportioned motor
1037vehicle currently registered in this state may file an
1038application for renewal of registration with the department any
1039time during the 3 5 months preceding the date of expiration of
1040the registration period.
1041     Section 19.  Subsections (1) and (3) of section 320.0715,
1042Florida Statutes, are amended to read:
1043     320.0715  International Registration Plan; motor carrier
1044services; permits; retention of records.-
1045     (1)  All apportionable commercial motor vehicles domiciled
1046in this state and engaged in interstate commerce shall be
1047registered in accordance with the provisions of the
1048International Registration Plan and shall display apportioned
1049license plates.
1050     (3)(a)  If the department is unable to immediately issue
1051the apportioned license plate to an applicant currently
1052registered in this state under the International Registration
1053Plan or to a vehicle currently titled in this state, the
1054department or its designated agent is authorized to issue a 60-
1055day temporary operational permit. The department or agent of the
1056department shall charge a $3 fee and the service charge
1057authorized by s. 320.04 for each temporary operational permit it
1058issues.
1059     (b)  The department shall in no event issue a temporary
1060operational permit for any apportionable commercial motor
1061vehicle to any applicant until the applicant has shown that:
1062     1.  All sales or use taxes due on the registration of the
1063vehicle are paid; and
1064     2.  Insurance requirements have been met in accordance with
1065ss. 320.02(5) and 627.7415.
1066     (c)  Issuance of a temporary operational permit provides
1067commercial motor vehicle registration privileges in each
1068International Registration Plan member jurisdiction designated
1069on said permit and therefore requires payment of all applicable
1070registration fees and taxes due for that period of registration.
1071     (d)  Application for permanent registration must be made to
1072the department within 10 days from issuance of a temporary
1073operational permit. Failure to file an application within this
107410-day period may result in cancellation of the temporary
1075operational permit.
1076     Section 20.  Paragraph (a) of subsection (2) and paragraph
1077(d) of subsection (5) of section 320.08, Florida Statutes, are
1078amended to read:
1079     320.08  License taxes.-Except as otherwise provided herein,
1080there are hereby levied and imposed annual license taxes for the
1081operation of motor vehicles, mopeds, motorized bicycles as
1082defined in s. 316.003(2), and mobile homes, as defined in s.
1083320.01, which shall be paid to and collected by the department
1084or its agent upon the registration or renewal of registration of
1085the following:
1086     (2)  AUTOMOBILES FOR PRIVATE USE.-
1087     (a)  An ancient or antique automobile, as defined in s.
1088320.086, or a street rod, as defined in s. 319.14 320.0863:
1089$10.25 flat, of which $2.75 shall be deposited into the General
1090Revenue Fund.
1091     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1092SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1093     (d)  A wrecker, as defined in s. 320.01(39)(40), which is
1094used to tow a vessel as defined in s. 327.02(39), a disabled,
1095abandoned, stolen-recovered, or impounded motor vehicle as
1096defined in s. 320.01(37)(38), or a replacement motor vehicle as
1097defined in s. 320.01(38)(39): $41 flat, of which $11 shall be
1098deposited into the General Revenue Fund.
1099     Section 21.  Subsections (1) and (2) of section 320.0807,
1100Florida Statutes, are amended to read:
1101     320.0807  Special license plates for Governor and federal
1102and state legislators.-
1103     (1)  Upon application by any member of the House of
1104Representatives of Congress and payment of the fees prescribed
1105by s. 320.0805, the department is authorized to issue to such
1106Member of Congress a license plate stamped "Member of Congress"
1107followed by the number of the appropriate congressional district
1108and the letters "MC," or any other configuration chosen by the
1109member which is not already in use. Upon application by a United
1110States Senator and payment of the fees prescribed by s.
1111320.0805, the department is authorized to issue a license plate
1112stamped "USS," followed by the numeral II in the case of the
1113junior senator.
1114     (2)  Upon application by any member of the state House of
1115Representatives and payment of the fees prescribed by s.
1116320.0805, the department is authorized to issue such state
1117representative license plates stamped in bold letters "State
1118Legislator," followed by the number of the appropriate House of
1119Representatives district and the letters "HR," or any other
1120configuration chosen by the member which is not already in use
1121on one plate; the numbers of the other plates will be assigned
1122by the department. Upon application by a state senator and
1123payment of the fees prescribed by s. 320.0805, the department is
1124authorized to issue license plates stamped in bold letters
1125"State Senator," followed by the number of the appropriate
1126Senate district and the letters "SS," or any other configuration
1127chosen by the member which is not already in use on one plate;
1128the numbers of the other plates will be assigned by the
1129department.
1130     Section 22.  Subsection (4) of section 320.084, Florida
1131Statutes, is amended to read:
1132     320.084  Free motor vehicle license plate to certain
1133disabled veterans.-
1134     (4)(a)  With the issuance of each new permanent "DV"
1135numerical motor vehicle license plate, the department shall
1136initially issue, without cost to the applicant, a validation
1137sticker reflecting the owner's birth month and a serially
1138numbered validation sticker reflecting the year of expiration.
1139The initial sticker reflecting the year of expiration may not
1140exceed 27 15 months.
1141     (b)  There shall be a service charge in accordance with the
1142provisions of s. 320.04 for each initial application or renewal
1143of registration and an additional sum of 50 cents on each
1144license plate and validation sticker as provided in s.
1145320.06(3)(b).
1146     (c)  Registration under this section shall be renewed
1147annually or biennially during the applicable renewal period on
1148forms prescribed by the department, which shall include, in
1149addition to any other information required by the department, a
1150certified statement as to the continued eligibility of the
1151applicant to receive the special "DV" license plate. Any
1152applicant who falsely or fraudulently submits to the department
1153the certified statement required by this paragraph is guilty of
1154a noncriminal violation and is subject to a civil penalty of
1155$50.
1156     Section 23.  Section 320.0863, Florida Statutes, is amended
1157to read:
1158     320.0863  Custom vehicles and street rods; registration and
1159license plates.-
1160     (1)  As used in this section, the term:
1161     (a)  "blue dot tail light" means a red lamp that contains a
1162blue or purple insert that is not more than one inch in diameter
1163and is installed in the rear of a motor vehicle.
1164     (b)  "Custom vehicle" means a motor vehicle that:
1165     1.  Is 25 years old or older and of a model year after 1948
1166or was manufactured to resemble a vehicle that is 25 years old
1167or older and of a model year after 1948; and
1168     2.  Has been altered from the manufacturer's original
1169design or has a body constructed from nonoriginal materials.
1170     (c)  "Street rod" means a motor vehicle that:
1171     1.  Is of a model year of 1948 or older or was manufactured
1172after 1948 to resemble a vehicle of a model year of 1948 or
1173older; and
1174     2.  Has been altered from the manufacturer's original
1175design or has a body constructed from nonoriginal materials.
1176     (2)  The model year and year of manufacture which the body
1177of a custom vehicle or street rod resembles is the model year
1178and year of manufacture listed on the certificate of title,
1179regardless of when the vehicle was actually manufactured.
1180     (2)(3)  To register a street rod or custom vehicle as
1181defined in s. 319.14(1)(c), the owner shall apply to the
1182department by submitting a completed application form and
1183providing:
1184     (a)  The license tax prescribed by s. 320.08(2)(a) and a
1185processing fee of $3;
1186     (b)  A written statement that the vehicle will not be used
1187for general daily transportation but will be maintained for
1188occasional transportation, exhibitions, club activities,
1189parades, tours, or other functions of public interest and
1190similar uses; and
1191     (c)  A written statement that the vehicle meets state
1192equipment and safety requirements for motor vehicles. However,
1193the vehicle must meet only the requirements that were in effect
1194in this state as a condition of sale in the year listed as the
1195model year on the certificate of title.
1196     (3)(4)  The registration numbers and special license plates
1197assigned to such vehicles shall run in a separate series,
1198commencing with "Custom Vehicle 1" or "Street Rod 1,"
1199respectively, and the plates shall be of a distinguishing color
1200and design.
1201     (4)(5)(a)  A vehicle registered under this section is
1202exempt from any law or local ordinance that requires periodic
1203vehicle inspections or the use and inspection of emission
1204controls.
1205     (b)  Such vehicle may also be equipped with blue dot tail
1206lights for stop lamps, rear turning indicator lamps, rear hazard
1207lamps, and rear reflectors.
1208     Section 24.  Paragraphs (a) and (b) of subsection (9) of
1209section 320.27, Florida Statutes, are amended to read:
1210     320.27  Motor vehicle dealers.-
1211     (9)  DENIAL, SUSPENSION, OR REVOCATION.-
1212     (a)  The department may deny, suspend, or revoke any
1213license issued hereunder or under the provisions of s. 320.77 or
1214s. 320.771, upon proof that a licensee has committed any of the
1215following activities:
1216     1.  Commission of fraud or willful misrepresentation in
1217application for or in obtaining a license.
1218     2.  Conviction of a felony.
1219     3.  Failure to honor a bank draft or check given to a motor
1220vehicle dealer for the purchase of a motor vehicle by another
1221motor vehicle dealer within 10 days after notification that the
1222bank draft or check has been dishonored. If the transaction is
1223disputed, the maker of the bank draft or check shall post a bond
1224in accordance with the provisions of s. 559.917, and no
1225proceeding for revocation or suspension shall be commenced until
1226the dispute is resolved.
1227     4.  Failure to honor a bank draft or check given to the
1228department for payment of any fees within 10 days after
1229notification that the bank draft or check has been dishonored.
1230If the transaction is disputed, the maker of the bank draft or
1231check shall post a bond in accordance with the provisions of s.
1232559.917, and no proceeding for revocation or suspension shall be
1233commenced until the dispute is resolved.
1234     (b)  The department may deny, suspend, or revoke any
1235license issued hereunder or under the provisions of s. 320.77 or
1236s. 320.771 upon proof that a licensee has committed, with
1237sufficient frequency so as to establish a pattern of wrongdoing
1238on the part of a licensee, violations of one or more of the
1239following activities:
1240     1.  Representation that a demonstrator is a new motor
1241vehicle, or the attempt to sell or the sale of a demonstrator as
1242a new motor vehicle without written notice to the purchaser that
1243the vehicle is a demonstrator. For the purposes of this section,
1244a "demonstrator," a "new motor vehicle," and a "used motor
1245vehicle" shall be defined as under s. 320.60.
1246     2.  Unjustifiable refusal to comply with a licensee's
1247responsibility under the terms of the new motor vehicle warranty
1248issued by its respective manufacturer, distributor, or importer.
1249However, if such refusal is at the direction of the
1250manufacturer, distributor, or importer, such refusal shall not
1251be a ground under this section.
1252     3.  Misrepresentation or false, deceptive, or misleading
1253statements with regard to the sale or financing of motor
1254vehicles which any motor vehicle dealer has, or causes to have,
1255advertised, printed, displayed, published, distributed,
1256broadcast, televised, or made in any manner with regard to the
1257sale or financing of motor vehicles.
1258     4.  Failure by any motor vehicle dealer to provide a
1259customer or purchaser with an odometer disclosure statement and
1260a copy of any bona fide written, executed sales contract or
1261agreement of purchase connected with the purchase of the motor
1262vehicle purchased by the customer or purchaser.
1263     5.  Failure of any motor vehicle dealer to comply with the
1264terms of any bona fide written, executed agreement, pursuant to
1265the sale of a motor vehicle.
1266     6.  Failure to apply for transfer of a title as prescribed
1267in s. 319.23(6).
1268     7.  Use of the dealer license identification number by any
1269person other than the licensed dealer or his or her designee.
1270     8.  Failure to continually meet the requirements of the
1271licensure law.
1272     9.  Representation to a customer or any advertisement to
1273the public representing or suggesting that a motor vehicle is a
1274new motor vehicle if such vehicle lawfully cannot be titled in
1275the name of the customer or other member of the public by the
1276seller using a manufacturer's statement of origin as permitted
1277in s. 319.23(1).
1278     10.  Requirement by any motor vehicle dealer that a
1279customer or purchaser accept equipment on his or her motor
1280vehicle which was not ordered by the customer or purchaser.
1281     11.  Requirement by any motor vehicle dealer that any
1282customer or purchaser finance a motor vehicle with a specific
1283financial institution or company.
1284     12.  Requirement by any motor vehicle dealer that the
1285purchaser of a motor vehicle contract with the dealer for
1286physical damage insurance.
1287     13.  Perpetration of a fraud upon any person as a result of
1288dealing in motor vehicles, including, without limitation, the
1289misrepresentation to any person by the licensee of the
1290licensee's relationship to any manufacturer, importer, or
1291distributor.
1292     14.  Violation of any of the provisions of s. 319.35 by any
1293motor vehicle dealer.
1294     15.  Sale by a motor vehicle dealer of a vehicle offered in
1295trade by a customer prior to consummation of the sale, exchange,
1296or transfer of a newly acquired vehicle to the customer, unless
1297the customer provides written authorization for the sale of the
1298trade-in vehicle prior to delivery of the newly acquired
1299vehicle.
1300     16.  Willful failure to comply with any administrative rule
1301adopted by the department or the provisions of s. 320.131(8).
1302     17.  Violation of chapter 319, this chapter, or ss.
1303559.901-559.9221, which has to do with dealing in or repairing
1304motor vehicles or mobile homes. Additionally, in the case of
1305used motor vehicles, the willful violation of the federal law
1306and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1307the consumer sales window form.
1308     18.  Failure to maintain evidence of notification to the
1309owner or coowner of a vehicle regarding registration or titling
1310fees owed as required in s. 320.02(16).
1311     19.  Failure to obtain a supplemental license for off-
1312premises sales as required in subsection (5).
1313     20.19.  Failure to register a mobile home salesperson with
1314the department as required by this section.
1315     Section 25.  Subsection (10) of section 320.77, Florida
1316Statutes, is amended to read:
1317     320.77  License required of mobile home dealers.-
1318     (10)  EVIDENCE OF TITLE REQUIRED.-A mobile home dealer may
1319not sell or offer for sale a mobile home in his or her
1320possession unless the dealer satisfies the requirements of this
1321subsection.
1322     (a)  For each new mobile home, the licensee shall also have
1323in his or her possession for each new mobile home a
1324manufacturer's invoice or statement of origin., and
1325     (b)  For each used mobile home, the licensee shall:
1326     1.  Have a properly assigned certificate of title or
1327registration certificate if the used mobile home was previously
1328registered in a nontitle state, from the time the mobile home is
1329delivered to the licensee until it has been disposed of by him
1330or her;
1331     2.  Have reasonable indicia of ownership; or
1332     3.  Have made proper application for a certificate of title
1333or duplicate certificate of title in accordance with the
1334provisions of chapter 319.
1335     (c)  For purposes of this subsection, reasonable indicia of
1336ownership includes:
1337     1.  A consignment contract between the owner and the dealer
1338along with a secure power of attorney from the owner to the
1339dealer authorizing the dealer to apply for a duplicate
1340certificate of title and assign the title on behalf of the
1341owner;
1342     2.  A court order awarding title to the mobile home to the
1343dealer;
1344     3.  A salvage certificate of title;
1345     4.  A photocopy of a duly assigned certificate of title
1346being held by a financial institution as collateral for a
1347business loan of money to the dealer, known as a "floor plan";
1348     5.  A copy of a canceled check or other documentation
1349evidencing that an outstanding lien on a mobile home taken in
1350trade by a licensed dealer has been satisfied and that the
1351certificate of title will be, but has not yet been, received by
1352the dealer; or
1353     6.  A mobile home purchase order or installment contract
1354for a specific mobile home identifying that mobile home as a
1355trade-in on a replacement mobile home.
1356     Section 26.  Subsection (5) of section 320.8225, Florida
1357Statutes, is amended to read:
1358     320.8225  Mobile home and recreational vehicle
1359manufacturer, distributor, and importer license.-
1360     (5)  REQUIREMENT OF ASSURANCE.-
1361     (a)  Annually, prior to the receipt of a license to
1362manufacture mobile homes, the applicant or licensee shall submit
1363a surety bond, cash bond, or letter of credit from a financial
1364institution, or a proper continuation certificate, sufficient to
1365assure satisfaction of claims against the licensee for failure
1366to comply with appropriate code standards, failure to provide
1367warranty service, or violation of any provisions of this
1368section. The amount of the surety bond, cash bond, or letter of
1369credit must be $50,000. Only one surety bond, cash bond, or
1370letter of credit shall be required for each manufacturer,
1371regardless of the number of factory locations. The surety bond,
1372cash bond, or letter of credit must be to the department, in
1373favor of any retail customer who suffers a loss arising out of
1374noncompliance with code standards or failure to honor or provide
1375warranty service. The department may disapprove any bond or
1376letter of credit that does not provide assurance as provided in
1377this section.
1378     (b)  Annually, prior to the receipt of a license to
1379manufacture, distribute, or import recreational vehicles, the
1380applicant or licensee shall submit a surety bond or letter of
1381credit, or a proper continuation certificate, sufficient to
1382assure satisfaction of claims against the licensee for failure
1383to comply with appropriate code standards, failure to provide
1384warranty service, or violation of any provisions of this
1385section. The amount of the surety bond or letter of credit must
1386be $10,000 per year. The surety bond or letter of credit must be
1387to the department, in favor of any retail customer who suffers
1388loss arising out of noncompliance with code standards or failure
1389to honor or provide warranty service. The department may
1390disapprove any bond or letter of credit that does not provide
1391assurance as provided in this section.
1392     (c)  The department shall adopt rules pursuant to chapter
1393120 relating to providing assurance of satisfaction of claims
1394under this section.
1395     (d)  The department shall, upon denial, suspension, or
1396revocation of any license, notify the surety company or
1397financial institution issuing the irrevocable letter of credit
1398of the licensee, in writing, that the license has been denied,
1399suspended, or revoked and shall state the reason for such
1400denial, suspension, or revocation.
1401     (e)  Any surety company that pays any claim against the
1402bond or any financial institution that honors a demand for
1403payment as a condition specified in the letter of credit of any
1404licensee shall notify the department, in writing, that it has
1405paid such a claim and shall state the amount of the claim.
1406     (f)  Any surety company that cancels the bond or any
1407financial institution that cancels the letter of credit of any
1408licensee shall notify the department, in writing, of such
1409cancellation, giving reason for the cancellation. The surety
1410bond or letter of credit may not be canceled without at least 30
1411days' written notice by the insurer to the department. The 30-
1412day notice period begins on the date the notice is received by
1413the department.
1414     (g)  The department shall deny, suspend, or revoke the
1415license issued under this chapter of a licensee who conducts
1416business during the license period without having in full force
1417and effect a surety bond or letter of credit that complies with
1418this section.
1419     Section 27.  Section 320.95, Florida Statutes, is amended
1420to read:
1421     320.95  Transactions by electronic or telephonic means.-
1422     (1)  The department may is authorized to accept any
1423application provided for under this chapter by electronic or
1424telephonic means.
1425     (2)  The department may collect and use Internet e-mail
1426addresses and telephone numbers of motor vehicle owners and
1427registrants for the purpose of providing notices to such owners
1428and registrants in lieu of the United States Postal Service.
1429     Section 28.  Section 321.03, Florida Statutes, is amended
1430to read:
1431     321.03  Imitations prohibited; penalty.-Unless specifically
1432authorized by the Florida Highway Patrol, it is shall be
1433unlawful for any person or persons in the state to possess or
1434color or cause to be colored any motor vehicle or motorcycle the
1435same or similar color as the color or colors so prescribed for
1436the Florida Highway Patrol. Any person violating any of the
1437provisions of this section or s. 321.02 with respect to
1438uniforms, emblems, motor vehicles and motorcycles shall be
1439guilty of a misdemeanor of the first degree, punishable as
1440provided in s. 775.082 or s. 775.083. The Department of Highway
1441Safety and Motor Vehicles shall employ such clerical help and
1442mechanics as may be necessary for the economical and efficient
1443operation of such department.
1444     Section 29.  Section 321.05, Florida Statutes, is amended
1445to read:
1446     321.05  Duties, functions, and powers of patrol officers.-
1447The members of the Florida Highway Patrol are hereby declared to
1448be conservators of the peace and law enforcement officers of the
1449state, with the common-law right to arrest a person who, in the
1450presence of the arresting officer, commits a felony or commits
1451an affray or breach of the peace constituting a misdemeanor,
1452with full power to bear arms; and they shall apprehend, without
1453warrant, any person in the unlawful commission of any of the
1454acts over which the members of the Florida Highway Patrol are
1455given jurisdiction as hereinafter set out and deliver him or her
1456to the sheriff of the county that further proceedings may be had
1457against him or her according to law. In the performance of any
1458of the powers, duties, and functions authorized by law, members
1459of the Florida Highway Patrol shall have the same protections
1460and immunities afforded other peace officers, which shall be
1461recognized by all courts having jurisdiction over offenses
1462against the laws of this state, and shall have authority to
1463apply for, serve, and execute search warrants, arrest warrants,
1464capias, and other process of the court in those matters in which
1465patrol officers have primary responsibility as set forth in
1466subsection (1). The patrol officers under the direction and
1467supervision of the Department of Highway Safety and Motor
1468Vehicles shall perform and exercise throughout the state the
1469following duties, functions, and powers:
1470     (1)  To patrol the state highways and regulate, control,
1471and direct the movement of traffic thereon; to maintain the
1472public peace by preventing violence on highways; to apprehend
1473fugitives from justice; to enforce all laws now in effect
1474regulating and governing traffic, travel, and public safety upon
1475the public highways and providing for the protection of the
1476public highways and public property thereon; to make arrests
1477without warrant for the violation of any state law committed in
1478their presence in accordance with the laws of this state;
1479providing that no search shall be made unless it is incident to
1480a lawful arrest, to regulate and direct traffic concentrations
1481and congestions; to enforce laws governing the operation,
1482licensing, and taxing and limiting the size, weight, width,
1483length, and speed of vehicles and licensing and controlling the
1484operations of drivers and operators of vehicles; to cooperate
1485with officials designated by law to collect all state fees and
1486revenues levied as an incident to the use or right to use the
1487highways for any purpose; to require the drivers of vehicles to
1488stop and exhibit their driver's licenses, registration cards, or
1489documents required by law to be carried by such vehicles; to
1490investigate traffic accidents, secure testimony of witnesses and
1491of persons involved, and make report thereof with copy, when
1492requested in writing, to any person in interest or his or her
1493attorney; to investigate reported thefts of vehicles and to
1494seize contraband or stolen property on or being transported on
1495the highways. Each law enforcement officer is subject to and
1496shall have the same arrest and other authority provided for law
1497enforcement officers generally in chapter 901 and shall have
1498statewide jurisdiction. Each officer shall also have arrest
1499authority as provided for state law enforcement officers in s.
1500901.15. This section shall not be construed as being in conflict
1501with, but is supplemental to, chapter 933.
1502     (2)  To assist other constituted law enforcement officers
1503of the state to quell mobs and riots, guard prisoners, and
1504police disaster areas.
1505     (3)(a)  To make arrests while in fresh pursuit of a person
1506believed to have violated the traffic and other laws.
1507     (b)  To make arrest of a person wanted for a felony or
1508against whom a warrant has been issued on any charge in
1509violation of federal, state, or county laws or municipal
1510ordinances.
1511     (4)(a)  All fines and costs and the proceeds of the
1512forfeiture of bail bonds and recognizances resulting from the
1513enforcement of this chapter by patrol officers shall be paid
1514into the fine and forfeiture fund established pursuant to s.
1515142.01 of the county where the offense is committed. In all
1516cases of arrest by patrol officers, the person arrested shall be
1517delivered forthwith by said officer to the sheriff of the
1518county, or he or she shall obtain from such person arrested a
1519recognizance or, if deemed necessary, a cash bond or other
1520sufficient security conditioned for his or her appearance before
1521the proper tribunal of such county to answer the charge for
1522which he or she has been arrested; and all fees accruing shall
1523be taxed against the party arrested, which fees are hereby
1524declared to be part of the compensation of said sheriffs
1525authorized to be fixed by the Legislature under s. 5(c), Art. II
1526of the State Constitution, to be paid such sheriffs in the same
1527manner as fees are paid for like services in other criminal
1528cases. All patrol officers are hereby directed to deliver all
1529bonds accepted and approved by them to the sheriff of the county
1530in which the offense is alleged to have been committed. However,
1531no sheriff shall be paid any arrest fee for the arrest of a
1532person for violation of any section of chapter 316 when the
1533arresting officer was transported in a Florida Highway Patrol
1534car to the vicinity where the arrest was made; and no sheriff
1535shall be paid any fee for mileage for himself or herself or a
1536prisoner for miles traveled in a Florida Highway Patrol car. No
1537patrol officer shall be entitled to any fee or mileage cost
1538except when responding to a subpoena in a civil cause or except
1539when such patrol officer is appearing as an official witness to
1540testify at any hearing or law action in any court of this state
1541as a direct result of his or her employment as a patrol officer
1542during time not compensated as a part of his or her normal
1543duties. Nothing herein shall be construed as limiting the power
1544to locate and to take from any person under arrest or about to
1545be arrested deadly weapons. Nothing contained in this section
1546shall be construed as a limitation upon existing powers and
1547duties of sheriffs or police officers.
1548     (b)  Any person so arrested and released on his or her own
1549recognizance by an officer and who shall fail to appear or
1550respond to a notice to appear shall, in addition to the traffic
1551violation charge, be guilty of a noncriminal traffic infraction
1552subject to the penalty provided in s. 318.18(2).
1553     (5)  The department may employ or assign some fit and
1554suitable person with experience in the field of public relations
1555who shall have the duty to promote, coordinate, and publicize
1556the traffic safety activities in the state and assign such
1557person to the office of the Governor at a salary to be fixed by
1558the department. The person so assigned or employed shall be a
1559member of the uniform division of the Florida Highway Patrol,
1560and he or she shall have the pay and rank of lieutenant while on
1561such assignment.
1562     (6)  The Division of Florida Highway Patrol is authorized
1563to promulgate rules and regulations which may be necessary to
1564implement the provisions of chapter 316.
1565     Section 30.  Subsection (4) of section 322.0261, Florida
1566Statutes, is amended to read:
1567     322.0261  Driver improvement course; requirement to
1568maintain driving privileges; failure to complete; department
1569approval of course.-
1570     (4)  The department shall identify any operator convicted
1571of, or who pleaded nolo contendere to, a violation of s.
1572316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, s.
1573316.1923, or s. 316.192 and shall require that operator, in
1574addition to other applicable penalties, to attend a department-
1575approved driver improvement course in order to maintain driving
1576privileges. If the operator fails to complete the course within
157790 days after receiving notice from the department, the
1578operator's driver license shall be canceled by the department
1579until the course is successfully completed.
1580     Section 31.  Subsection (8) is added to section 322.08,
1581Florida Statutes, to read:
1582     322.08  Application for license.-
1583     (8)  The department may collect and use Internet e-mail
1584addresses and telephone numbers of driver's license or
1585identification card holders for the purpose of providing notices
1586to such driver's license or identification card holders in lieu
1587of the United States Postal Service.
1588     Section 32.  Subsection (1) of section 322.095, Florida
1589Statutes, is amended to read:
1590     322.095  Traffic law and substance abuse education program
1591for driver's license applicants.-
1592     (1)  The Department of Highway Safety and Motor Vehicles
1593must approve traffic law and substance abuse education courses
1594that must be completed by applicants for a Florida driver's
1595license. The curricula for the courses must provide instruction
1596on the physiological and psychological consequences of the abuse
1597of alcohol and other drugs, the societal and economic costs of
1598alcohol and drug abuse, the effects of alcohol and drug abuse on
1599the driver of a motor vehicle, and the laws of this state
1600relating to the operation of a motor vehicle. All instructors
1601teaching the courses shall be certified by the department.
1602     Section 33.  Section 322.121, Florida Statutes, is amended
1603to read:
1604     322.121  Periodic reexamination of all drivers.-
1605     (1)  It is the intent of the Legislature that all licensed
1606drivers in Florida be reexamined upon renewal of their licenses.
1607Because only a small percentage of drivers in the state are
1608categorized as problem drivers, the Legislature intends that
1609renewals the large number of drivers who have not had any
1610convictions for the 3 years preceding renewal and whose driving
1611privilege in this state has not been revoked, disqualified, or
1612suspended at any time during the 7 years preceding renewal be
1613processed expeditiously upon renewal of their licenses by
1614examinations of the licensee's their eyesight and hearing only
1615and that all other licensees be tested, in addition to the
1616eyesight and hearing examinations, with respect to their ability
1617to read and understand highway signs regulating, warning, and
1618directing traffic.
1619     (2)  Each licensee must pass a reexamination at the time of
1620renewal, except as otherwise provided in this chapter. For each
1621licensee whose driving record does not show any convictions for
1622the preceding 3 years or any revocations, disqualifications, or
1623suspensions for the preceding 7 years; and who, at the time of
1624renewal, presents a renewal notice verifying such safe driving
1625record, the reexamination shall consist of tests of the
1626licensee's eyesight and hearing. For all other licensees, in
1627addition to the eyesight and hearing tests, the reexamination
1628must include tests of the ability to read and understand highway
1629signs and pavement markings regulating, warning, and directing
1630traffic.
1631     (2)(3)  For each licensee whose driving record does not
1632show any revocations, disqualifications, or suspensions for the
1633preceding 7 years or any convictions for the preceding 3 years
1634except for convictions of the following nonmoving violations:
1635     (a)  Failure to exhibit a vehicle registration certificate,
1636rental agreement, or cab card pursuant to s. 320.0605;
1637     (b)  Failure to renew a motor vehicle or mobile home
1638registration that has been expired for 4 months or less pursuant
1639to s. 320.07(3)(a);
1640     (c)  Operating a motor vehicle with an expired license that
1641has been expired for 4 months or less pursuant to s. 322.065;
1642     (d)  Failure to carry or exhibit a license pursuant to s.
1643322.15(1); or
1644     (e)  Failure to notify the department of a change of
1645address or name within 10 days pursuant to s. 322.19,
1646
1647the department shall cause such licensee's license to be
1648prominently marked with the notation "Safe Driver."
1649     (3)(4)  Eyesight examinations must be administered as
1650provided in s. 322.12.
1651     (4)(5)  An examination fee may not be assessed for
1652reexamination required by this section.
1653     (5)(6)  Members of the Armed Forces, or their dependents
1654residing with them, shall be granted an automatic extension for
1655the expiration of their licenses without reexamination while
1656serving on active duty outside this state. This extension is
1657valid for 90 days after the member of the Armed Forces is either
1658discharged or returns to this state to live.
1659     (6)(7)  In addition to any other examination authorized by
1660this section, an applicant for a renewal of a commercial
1661driver's license may be required to complete successfully an
1662examination of his or her knowledge regarding state and federal
1663rules, regulations, and laws, governing the type of vehicle
1664which he or she is applying to be licensed to operate.
1665     (7)(8)  In addition to any other examination authorized by
1666this section, an applicant for a renewal of an endorsement
1667issued under s. 322.57(1)(a), (b), (d), (e), or (f) may be
1668required to complete successfully an examination of his or her
1669knowledge regarding state and federal rules, regulations, and
1670laws, governing the type of vehicle which he or she is seeking
1671an endorsement to operate.
1672     Section 34.  Paragraph (c) is added to subsection (1) of
1673section 322.18, Florida Statutes, and paragraphs (a) and (c) of
1674subsection (8) of that section are amended, to read:
1675     322.18  Original applications, licenses, and renewals;
1676expiration of licenses; delinquent licenses.-
1677     (1)
1678     (c)  A person who has been issued a driver's license using
1679documentation specified in s. 322.08(2)(c)8. as proof of
1680identity is not eligible to renew that license and must obtain
1681an original license.
1682     (8)  The department shall issue 8-year renewals using a
1683convenience service without reexamination to drivers who have
1684not attained 80 years of age. The department shall issue 6-year
1685renewals using a convenience service when the applicant has
1686satisfied the requirements of subsection (5).
1687     (a)  If the department determines from its records that the
1688holder of a license about to expire is eligible for renewal, the
1689department shall, not less than 30 days prior to the licensee's
1690birthday, mail a renewal notice to the licensee at his or her
1691last known physical address or send, using a secure method, a
1692renewal notice to the licensee's Internet e-mail address or
1693telephone number, not less than 30 days prior to the licensee's
1694birthday. The renewal notice shall direct the licensee to appear
1695at a driver license office for in-person renewal or to transmit
1696the completed renewal notice and the fees required by s. 322.21
1697to the department using a convenience service.
1698     (c)  The department shall issue one renewal using a
1699convenience service. A person who is out of this state when his
1700or her license expires may be issued a 90-day temporary driving
1701permit without reexamination. At the end of the 90-day period,
1702the person must either return to this state or apply for a
1703license where the person is located, except for a member of the
1704Armed Forces as provided in s. 322.121(5)(6).
1705     Section 35.  Section 322.212, Florida Statutes, is amended
1706to read:
1707     322.212  Unauthorized possession of, and other unlawful
1708acts in relation to, driver's license or identification card.-
1709     (1)  It is unlawful for any person to:
1710     (a)  Knowingly have in his or her possession or to display
1711any blank, forged, stolen, fictitious, counterfeit, or
1712unlawfully issued driver's license or identification card or any
1713instrument in the similitude of a driver's license or
1714identification card unless possession by such person has been
1715duly authorized by the department;
1716     (b)  Knowingly have in his or her possession any instrument
1717in the similitude of a driver's license issued by the department
1718or its duly authorized agents or those of any state or
1719jurisdiction issuing licenses recognized in this state for the
1720operation of a motor vehicle;
1721     (c)  Knowingly have in his or her possession any instrument
1722in the similitude of an identification card issued by the
1723department or its duly authorized agents or those of any state
1724or jurisdiction issuing identification cards recognized in this
1725state for the purpose of indicating a person's true name and
1726age; or
1727     (d)  Knowingly sell, manufacture, or deliver, or knowingly
1728offer to sell, manufacture, or deliver, a blank, forged, stolen,
1729fictitious, counterfeit, or unlawfully issued driver's license
1730or identification card, or an instrument in the similitude of a
1731driver's license or identification card, unless that person is
1732authorized to do so by the department. A violation of this
1733section may be investigated by any law enforcement agency,
1734including the Division of Alcoholic Beverages and Tobacco.
1735
1736The term "driver's license" includes a driver's license issued
1737by the department or its agents or a driver's license issued by
1738any state or jurisdiction that issues licenses recognized in
1739this state for the operation of a motor vehicle. The term
1740"identification card" includes any identification card issued by
1741the department or its agents or any identification card issued
1742by any state or jurisdiction that issues identification cards
1743recognized in this state for the purpose of indicating a
1744person's true name and age. This subsection does not prohibit a
1745person from possessing or displaying another person's driver's
1746license or identification card for a lawful purpose.
1747     (2)  It is unlawful for any person to barter, trade, sell,
1748or give away any driver's license or identification card or to
1749perpetrate a conspiracy to barter, trade, sell, or give away any
1750such license or identification card unless such person has been
1751duly authorized to issue the license or identification card by
1752the department as provided in this chapter or in the adopted
1753rules of the department.
1754     (3)  It is unlawful for any employee of the department to
1755allow or permit the issuance of a driver's license or
1756identification card when he or she knows that the applicant has
1757not lawfully fulfilled the requirements of this chapter for the
1758issuance of such license or identification card.
1759     (4)  It is unlawful for any person to agree to supply or to
1760aid in supplying any person with a driver's license or
1761identification card by any means whatsoever not in accordance
1762with the provisions of this chapter.
1763     (5)(a)  It is unlawful for any person to use a false or
1764fictitious name in any application for a driver's license or
1765identification card or knowingly to make a false statement,
1766knowingly conceal a material fact, or otherwise commit a fraud
1767in any such application.
1768     (b)  It is unlawful for any person to have in his or her
1769possession a driver's license or identification card upon which
1770the date of birth has been altered.
1771     (c)  It is unlawful for any person designated as a sexual
1772predator or sexual offender to have in his or her possession a
1773driver's license or identification card upon which the sexual
1774predator or sexual offender markings required by s. 322.141 are
1775not displayed or have been altered.
1776     (6)  Except as otherwise provided in this subsection, any
1777person who violates any of the provisions of this section
1778commits is guilty of a felony of the third degree, punishable as
1779provided in s. 775.082, s. 775.083, or s. 775.084.
1780Notwithstanding any law to the contrary, the court shall
1781sentence any state employee, agent of the department, or person
1782participating in the driver's license issuance process who is
1783convicted of violating this section to a mandatory minimum
1784sentence of 10 days' imprisonment. Any person who violates
1785paragraph (5)(a) by giving a false age in any application for a
1786driver's license or identification card or who violates
1787paragraph (5)(b) by possessing a driver's license,
1788identification card, or any instrument in the similitude
1789thereof, on which the date of birth has been altered commits is
1790guilty of a misdemeanor of the second degree, punishable as
1791provided in s. 775.082 or s. 775.083. Any person who violates
1792paragraph (1)(d) commits a felony of the third degree,
1793punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1794     (7)  Notwithstanding s. 948.01, a court shall not suspend,
1795defer, or withhold adjudication of guilt or imposition of
1796sentence for any violation of this section by an employee of the
1797state, an agent of the department, or any other person
1798participating in the driver's license issuance process. A person
1799convicted and sentenced to a mandatory minimum term of
1800incarceration under subsection (6) is not eligible for statutory
1801gain-time under s. 944.275 or any form of discretionary early
1802release before serving the mandatory minimum sentence, except
1803for release by grant of a pardon or executive clemency or under
1804conditional medical release pursuant to s. 947.149.
1805     (8)(7)  In addition to any other penalties provided by this
1806section, any person who provides false information when applying
1807for a commercial driver's license shall be disqualified from
1808operating a commercial motor vehicle for a period of 60 days.
1809     (9)(8)  The provisions of this section are in addition and
1810supplemental to all other provisions of this chapter and of the
1811laws of this state relating to driver's licenses and
1812identification cards.
1813     Section 36.  Section 322.22, Florida Statutes, is amended
1814to read:
1815     322.22  Authority of department to cancel license or
1816identification card.-
1817     (1)  The department is authorized to cancel any driver's
1818license or identification card, upon determining that the
1819licensee or identification card holder was not entitled to the
1820issuance thereof, or that the licensee or identification card
1821holder failed to give the required or correct information in his
1822or her application or committed any fraud in making such
1823application, or that the licensee or identification card holder
1824has two or more licenses or identification cards on file with
1825the department, each in a different name but bearing the
1826photograph of the licensee or identification card holder, unless
1827the licensee or identification card holder has complied with the
1828requirements of this chapter in obtaining the licenses or
1829identification cards. The department may cancel any driver's
1830license, identification card, vehicle or vessel registration, or
1831fuel-use decal if the licensee or identification card holder
1832fails to pay the correct fee or pays for the driver's license,
1833identification card, vehicle or vessel registration, or fuel-use
1834decal; pays any tax liability, penalty, or interest specified in
1835chapter 207; or pays any administrative, delinquency, or
1836reinstatement fee by a dishonored check.
1837     (2)  Upon such cancellation, the licensee or identification
1838card holder must surrender to the department the license or
1839identification card so canceled.
1840     Section 37.  Subsection (2) of section 322.2615, Florida
1841Statutes, is amended to read:
1842     322.2615  Suspension of license; right to review.-
1843     (2)  Except as provided in paragraph (1)(a), the law
1844enforcement officer shall forward to the department, within 5
1845days after issuing the notice of suspension, the driver's
1846license; an affidavit stating the officer's grounds for belief
1847that the person was driving or in actual physical control of a
1848motor vehicle while under the influence of alcoholic beverages
1849or chemical or controlled substances; the results of any breath
1850or blood test or an affidavit stating that a breath, blood, or
1851urine test was requested by a law enforcement officer or
1852correctional officer and that the person refused to submit; the
1853officer's description of the person's field sobriety test, if
1854any; and the notice of suspension; and a copy of the crash
1855report, if any. The failure of the officer to submit materials
1856within the 5-day period specified in this subsection and in
1857subsection (1) does not affect the department's ability to
1858consider any evidence submitted at or prior to the hearing. The
1859officer may also submit a copy of the crash report, a copy of a
1860videotape of the field sobriety test or the attempt to
1861administer such test. Materials submitted to the department by a
1862law enforcement agency or correctional agency shall be
1863considered self-authenticating and shall be in the record for
1864consideration by the hearing officer. Notwithstanding s.
1865316.066(7), the crash report shall be considered by the hearing
1866officer.
1867     Section 38.  Subsection (1) and paragraph (d) of subsection
1868(3) of section 322.27, Florida Statutes, are amended to read:
1869     322.27  Authority of department to suspend or revoke
1870license or identification card.-
1871     (1)  Notwithstanding any provisions to the contrary in
1872chapter 120, the department may is hereby authorized to suspend
1873the license or identification card of any person without
1874preliminary hearing upon a showing of its records or other
1875sufficient evidence that the licensee or cardholder:
1876     (a)  Has committed an offense for which mandatory
1877revocation of license is required upon conviction. A law
1878enforcement agency must provide information to the department
1879within 24 hours after any traffic fatality or when the law
1880enforcement agency initiates action pursuant to s. 316.1933;
1881     (b)  Has been convicted of a violation of any traffic law
1882which resulted in a crash that caused the death or personal
1883injury of another or property damage in excess of $500;
1884     (c)  Is incompetent to drive a motor vehicle;
1885     (d)  Has permitted an unlawful or fraudulent use of such
1886license or identification card or has knowingly been a party to
1887the obtaining of a license or identification card by fraud or
1888misrepresentation or to display, or represent as one's own, any
1889driver's license or identification card not issued him or her.
1890Provided, however, no provision of this section shall be
1891construed to include the provisions of s. 322.32(1);
1892     (e)  Has committed an offense in another state which if
1893committed in this state would be grounds for suspension or
1894revocation; or
1895     (f)  Has committed a second or subsequent violation of s.
1896316.172(1) within a 5-year period of any previous violation.
1897     (3)  There is established a point system for evaluation of
1898convictions of violations of motor vehicle laws or ordinances,
1899and violations of applicable provisions of s. 403.413(6)(b) when
1900such violations involve the use of motor vehicles, for the
1901determination of the continuing qualification of any person to
1902operate a motor vehicle. The department is authorized to suspend
1903the license of any person upon showing of its records or other
1904good and sufficient evidence that the licensee has been
1905convicted of violation of motor vehicle laws or ordinances, or
1906applicable provisions of s. 403.413(6)(b), amounting to 12 or
1907more points as determined by the point system. The suspension
1908shall be for a period of not more than 1 year.
1909     (d)  The point system shall have as its basic element a
1910graduated scale of points assigning relative values to
1911convictions of the following violations:
1912     1.  Reckless driving, willful and wanton-4 points.
1913     2.  Leaving the scene of a crash resulting in property
1914damage of more than $50-6 points.
1915     3.  Unlawful speed resulting in a crash-6 points.
1916     4.  Passing a stopped school bus-4 points.
1917     5.  Unlawful speed:
1918     a.  Not in excess of 15 miles per hour of lawful or posted
1919speed-3 points.
1920     b.  In excess of 15 miles per hour of lawful or posted
1921speed-4 points.
1922     6.  A violation of a traffic control signal device as
1923provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
1924     7.  All other moving violations (including parking on a
1925highway outside the limits of a municipality)-3 points. However,
1926no points shall be imposed for a violation of s. 316.0741 or s.
1927316.2065(12).
1928     8.  Any moving violation covered above, excluding unlawful
1929speed, resulting in a crash-4 points.
1930     9.  Any conviction under s. 403.413(6)(b)-3 points.
1931     10.  Any conviction under s. 316.0775(2)-4 points.
1932     11.  Any conviction under s. 316.1923-4 points.
1933     Section 39.  Section 322.28, Florida Statutes, is amended
1934to read:
1935     322.28  Period of suspension or revocation.-
1936     (1)  Unless otherwise provided by this section, the
1937department shall not suspend a license for a period of more than
19381 year and, upon revoking a license, in any case except in a
1939prosecution for the offense of driving a motor vehicle while
1940under the influence of alcoholic beverages, chemical substances
1941as set forth in s. 877.111, or controlled substances, shall not
1942in any event grant a new license until the expiration of 1 year
1943after such revocation.
1944     (2)  In a prosecution for a violation of s. 316.193 or
1945former s. 316.1931, the following provisions apply:
1946     (a)  Upon conviction of the driver, the court, along with
1947imposing sentence, shall revoke the driver's license or driving
1948privilege of the person so convicted, effective on the date of
1949conviction, and shall prescribe the period of such revocation in
1950accordance with the following provisions:
1951     1.  Upon a first conviction for a violation of the
1952provisions of s. 316.193, except a violation resulting in death,
1953the driver's license or driving privilege shall be revoked for
1954not less than 180 days or more than 1 year.
1955     2.  Upon a second conviction for an offense that occurs
1956within a period of 5 years after the date of a prior conviction
1957for a violation of the provisions of s. 316.193 or former s.
1958316.1931 or a combination of such sections, the driver's license
1959or driving privilege shall be revoked for not less than 5 years.
1960     3.  Upon a third conviction for an offense that occurs
1961within a period of 10 years after the date of a prior conviction
1962for the violation of the provisions of s. 316.193 or former s.
1963316.1931 or a combination of such sections, the driver's license
1964or driving privilege shall be revoked for not less than 10
1965years.
1966
1967For the purposes of this paragraph, a previous conviction
1968outside this state for driving under the influence, driving
1969while intoxicated, driving with an unlawful blood-alcohol level,
1970or any other alcohol-related or drug-related traffic offense
1971similar to the offense of driving under the influence as
1972proscribed by s. 316.193 will be considered a previous
1973conviction for violation of s. 316.193, and a conviction for
1974violation of former s. 316.028, former s. 316.1931, or former s.
1975860.01 is considered a conviction for violation of s. 316.193.
1976     (b)  If the period of revocation was not specified by the
1977court at the time of imposing sentence or within 30 days
1978thereafter, and is not otherwise specified by law, the
1979department shall forthwith revoke the driver's license or
1980driving privilege for the maximum period applicable under
1981paragraph (a) for a first conviction and for the minimum period
1982applicable under paragraph (a) for any subsequent convictions.
1983The driver may, within 30 days after such revocation by the
1984department, petition the court for further hearing on the period
1985of revocation, and the court may reopen the case and determine
1986the period of revocation within the limits specified in
1987paragraph (a).
1988     (c)  The forfeiture of bail bond, not vacated within 20
1989days, in any prosecution for the offense of driving while under
1990the influence of alcoholic beverages, chemical substances, or
1991controlled substances to the extent of depriving the defendant
1992of his or her normal faculties shall be deemed equivalent to a
1993conviction for the purposes of this paragraph, and the
1994department shall forthwith revoke the defendant's driver's
1995license or driving privilege for the maximum period applicable
1996under paragraph (a) for a first conviction and for the minimum
1997period applicable under paragraph (a) for a second or subsequent
1998conviction; however, if the defendant is later convicted of the
1999charge, the period of revocation imposed by the department for
2000such conviction shall not exceed the difference between the
2001applicable maximum for a first conviction or minimum for a
2002second or subsequent conviction and the revocation period under
2003this subsection that has actually elapsed; upon conviction of
2004such charge, the court may impose revocation for a period of
2005time as specified in paragraph (a). This paragraph does not
2006apply if an appropriate motion contesting the forfeiture is
2007filed within the 20-day period.
2008     (d)  When any driver's license or driving privilege has
2009been revoked pursuant to the provisions of this section, the
2010department shall not grant a new license, except upon
2011reexamination of the licensee after the expiration of the period
2012of revocation so prescribed. However, the court may, in its
2013sound discretion, issue an order of reinstatement on a form
2014furnished by the department which the person may take to any
2015driver's license examining office for reinstatement by the
2016department pursuant to s. 322.282.
2017     (e)  The court shall permanently revoke the driver's
2018license or driving privilege of a person who has been convicted
2019four times for violation of s. 316.193 or former s. 316.1931 or
2020a combination of such sections. The court shall permanently
2021revoke the driver's license or driving privilege of any person
2022who has been convicted of DUI manslaughter in violation of s.
2023316.193. If the court has not permanently revoked such driver's
2024license or driving privilege within 30 days after imposing
2025sentence, the department shall permanently revoke the driver's
2026license or driving privilege pursuant to this paragraph. No
2027driver's license or driving privilege may be issued or granted
2028to any such person. This paragraph applies only if at least one
2029of the convictions for violation of s. 316.193 or former s.
2030316.1931 was for a violation that occurred after July 1, 1982.
2031For the purposes of this paragraph, a conviction for violation
2032of former s. 316.028, former s. 316.1931, or former s. 860.01 is
2033also considered a conviction for violation of s. 316.193. Also,
2034a conviction of driving under the influence, driving while
2035intoxicated, driving with an unlawful blood-alcohol level, or
2036any other similar alcohol-related or drug-related traffic
2037offense outside this state is considered a conviction for the
2038purposes of this paragraph.
2039     (3)  The court shall permanently revoke the driver's
2040license or driving privilege of a person who has been convicted
2041of murder resulting from the operation of a motor vehicle. No
2042driver's license or driving privilege may be issued or granted
2043to any such person.
2044     (4)(a)  Upon a conviction for a violation of s.
2045316.193(3)(c)2., involving serious bodily injury, a conviction
2046of manslaughter resulting from the operation of a motor vehicle,
2047or a conviction of vehicular homicide, the court shall revoke
2048the driver's license of the person convicted for a minimum
2049period of 3 years. If a conviction under s. 316.193(3)(c)2.,
2050involving serious bodily injury, is also a subsequent conviction
2051as described under paragraph (2)(a), the court shall revoke the
2052driver's license or driving privilege of the person convicted
2053for the period applicable as provided in paragraph (2)(a) or
2054paragraph (2)(e).
2055     (b)  If the period of revocation was not specified by the
2056court at the time of imposing sentence or within 30 days
2057thereafter, the department shall revoke the driver's license for
2058the minimum period applicable under paragraph (a) or, for a
2059subsequent conviction, for the minimum period applicable under
2060paragraph (2)(a) or paragraph (2)(e).
2061     (5)  A court may not stay the administrative suspension of
2062a driving privilege under s. 322.2615 or s. 322.2616 during
2063judicial review of the departmental order that resulted in such
2064suspension, and a suspension or revocation of a driving
2065privilege may not be stayed upon an appeal of the conviction or
2066order that resulted in the suspension or revocation.
2067     (6)  In a prosecution for a violation of s. 316.172(1), and
2068upon a showing of the department's records that the licensee has
2069received a second conviction within 5 years following the date
2070of a prior conviction of s. 316.172(1), the department shall,
2071upon direction of the court, suspend the driver's license of the
2072person convicted for a period of not less than 90 days or more
2073than 6 months.
2074     (7)  Following a second or subsequent violation of s.
2075796.07(2)(f) which involves a motor vehicle and which results in
2076any judicial disposition other than acquittal or dismissal, in
2077addition to any other sentence imposed, the court shall revoke
2078the person's driver's license or driving privilege, effective
2079upon the date of the disposition, for a period of not less than
20801 year. A person sentenced under this subsection may request a
2081hearing under s. 322.271.
2082     (8)  For purposes of this section, convictions that occur
2083on the same date, resulting from separate offense dates shall be
2084treated as separate convictions and the offense which occurred
2085earliest shall be deemed a prior conviction.
2086     Section 40.  Subsection (8) of section 322.61, Florida
2087Statutes, is amended to read:
2088     322.61  Disqualification from operating a commercial motor
2089vehicle.-
2090     (8)  A driver who is convicted of or otherwise found to
2091have committed a violation of an out-of-service order while
2092driving a commercial motor vehicle is disqualified as follows:
2093     (a)  Not less than 180 90 days nor more than 1 year if the
2094driver is convicted of or otherwise found to have committed a
2095first violation of an out-of-service order.
2096     (b)  Not less than 2 years 1 year nor more than 5 years if,
2097for offenses occurring during any 10-year period, the driver is
2098convicted of or otherwise found to have committed two violations
2099of out-of-service orders in separate incidents.
2100     (c)  Not less than 3 years nor more than 5 years if, for
2101offenses occurring during any 10-year period, the driver is
2102convicted of or otherwise found to have committed three or more
2103violations of out-of-service orders in separate incidents.
2104     (d)  Not less than 180 days nor more than 2 years if the
2105driver is convicted of or otherwise found to have committed a
2106first violation of an out-of-service order while transporting
2107hazardous materials required to be placarded under the Hazardous
2108Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
2109while operating motor vehicles designed to transport more than
211015 passengers, including the driver. A driver is disqualified
2111for a period of not less than 3 years nor more than 5 years if,
2112for offenses occurring during any 10-year period, the driver is
2113convicted of or otherwise found to have committed any subsequent
2114violations of out-of-service orders, in separate incidents,
2115while transporting hazardous materials required to be placarded
2116under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
21175101 et seq., or while operating motor vehicles designed to
2118transport more than 15 passengers, including the driver.
2119     Section 41.  Section 327.72, Florida Statutes, is amended
2120to read:
2121     327.72  Penalties.-
2122     (1)  Any person failing to comply with the provisions of
2123this chapter or chapter 328 not specified in s. 327.73 or not
2124paying the civil penalty specified in that said section within
212530 days, except as otherwise provided in this chapter or chapter
2126328, commits a misdemeanor of the second degree, punishable as
2127provided in s. 775.082 or s. 775.083.
2128     (2)  For purposes of this section, convictions that occur
2129on the same date, resulting from separate offense dates shall be
2130treated as separate convictions and the offense which occurred
2131earliest shall be deemed a prior conviction.
2132     Section 42.  Section 328.30, Florida Statutes, is amended
2133to read:
2134     328.30  Transactions by electronic or telephonic means.-
2135     (1)  The department may is authorized to accept any
2136application provided for under this chapter by electronic or
2137telephonic means.
2138     (2)  The department may collect and use Internet e-mail
2139addresses and telephone numbers of vessel owners and registrants
2140for the purpose of providing notices to such owners and
2141registrants in lieu of the United States Postal Service.
2142     Section 43.  Section 328.80, Florida Statutes, is amended
2143to read:
2144     328.80  Transactions by electronic or telephonic means.-
2145     (1)  The department may commission is authorized to accept
2146any application provided for under this chapter by electronic or
2147telephonic means.
2148     (2)  The department may collect and use Internet e-mail
2149addresses and telephone numbers of vessel owners and registrants
2150for the purpose of providing notices to such owners and
2151registrants in lieu of the United States Postal Service.
2152     Section 44.  Subsection (9) of section 261.03, Florida
2153Statutes, is amended to read:
2154     261.03  Definitions.-As used in this chapter, the term:
2155     (9)  "ROV" means any motorized recreational off-highway
2156vehicle 60 inches or less in width, having a dry weight of 1,500
2157pounds or less, designed to travel on four or more nonhighway
2158tires, having nonstraddle seating and a steering wheel, and
2159manufactured for recreational use by one or more persons. The
2160term "ROV" does not include a golf cart as defined in ss.
2161320.01(22) and 316.003(68) or a low-speed vehicle as defined in
2162s. 320.01(41)(42).
2163     Section 45.  Section 316.2122, Florida Statutes, is amended
2164to read:
2165     316.2122  Operation of a low-speed vehicle or mini truck on
2166certain roadways.-The operation of a low-speed vehicle as
2167defined in s. 320.01(41)(42) or a mini truck as defined in s.
2168320.01(44)(45) on any road as defined in s. 334.03(15) or (33)
2169is authorized with the following restrictions:
2170     (1)  A low-speed vehicle or mini truck may be operated only
2171on streets where the posted speed limit is 35 miles per hour or
2172less. This does not prohibit a low-speed vehicle or mini truck
2173from crossing a road or street at an intersection where the road
2174or street has a posted speed limit of more than 35 miles per
2175hour.
2176     (2)  A low-speed vehicle must be equipped with headlamps,
2177stop lamps, turn signal lamps, taillamps, reflex reflectors,
2178parking brakes, rearview mirrors, windshields, seat belts, and
2179vehicle identification numbers.
2180     (3)  A low-speed vehicle or mini truck must be registered
2181and insured in accordance with s. 320.02 and titled pursuant to
2182chapter 319.
2183     (4)  Any person operating a low-speed vehicle or mini truck
2184must have in his or her possession a valid driver's license.
2185     (5)  A county or municipality may prohibit the operation of
2186low-speed vehicles or mini trucks on any road under its
2187jurisdiction if the governing body of the county or municipality
2188determines that such prohibition is necessary in the interest of
2189safety.
2190     (6)  The Department of Transportation may prohibit the
2191operation of low-speed vehicles or mini trucks on any road under
2192its jurisdiction if it determines that such prohibition is
2193necessary in the interest of safety.
2194     Section 46.  Section 316.2124, Florida Statutes, is amended
2195to read:
2196     316.2124  Motorized disability access vehicles.-The
2197Department of Highway Safety and Motor Vehicles is directed to
2198provide, by rule, for the regulation of motorized disability
2199access vehicles as described in s. 320.01(33)(34). The
2200department shall provide that motorized disability access
2201vehicles shall be registered in the same manner as motorcycles
2202and shall pay the same registration fee as for a motorcycle.
2203There shall also be assessed, in addition to the registration
2204fee, a $2.50 surcharge for motorized disability access vehicles.
2205This surcharge shall be paid into the Highway Safety Operating
2206Trust Fund. Motorized disability access vehicles shall not be
2207required to be titled by the department. The department shall
2208require motorized disability access vehicles to be subject to
2209the same safety requirements as set forth in this chapter for
2210motorcycles.
2211     Section 47.  Subsection (1) of section 316.21265, Florida
2212Statutes, is amended to read:
2213     316.21265  Use of all-terrain vehicles, golf carts, low-
2214speed vehicles, or utility vehicles by law enforcement
2215agencies.-
2216     (1)  Notwithstanding any provision of law to the contrary,
2217any law enforcement agency in this state may operate all-terrain
2218vehicles as defined in s. 316.2074, golf carts as defined in s.
2219320.01(22), low-speed vehicles as defined in s. 320.01(41)(42),
2220or utility vehicles as defined in s. 320.01(42)(43) on any
2221street, road, or highway in this state while carrying out its
2222official duties.
2223     Section 48.  Subsection (1) of section 316.3026, Florida
2224Statutes, is amended to read:
2225     316.3026  Unlawful operation of motor carriers.-
2226     (1)  The Office of Motor Carrier Compliance of the
2227Department of Transportation may issue out-of-service orders to
2228motor carriers, as defined in s. 320.01(32)(33), who have after
2229proper notice failed to pay any penalty or fine assessed by the
2230department, or its agent, against any owner or motor carrier for
2231violations of state law, refused to submit to a compliance
2232review and provide records pursuant to s. 316.302(5) or s.
2233316.70, or violated safety regulations pursuant to s. 316.302 or
2234insurance requirements found in s. 627.7415. Such out-of-service
2235orders shall have the effect of prohibiting the operations of
2236any motor vehicles owned, leased, or otherwise operated by the
2237motor carrier upon the roadways of this state, until such time
2238as the violations have been corrected or penalties have been
2239paid. Out-of-service orders issued under this section must be
2240approved by the Secretary of Transportation or his or her
2241designee. An administrative hearing pursuant to s. 120.569 shall
2242be afforded to motor carriers subject to such orders.
2243     Section 49.  Paragraph (a) of subsection (4) and subsection
2244(9) of section 316.550, Florida Statutes, are amended to read:
2245     316.550  Operations not in conformity with law; special
2246permits.-
2247     (4)(a)  The Department of Transportation may issue a
2248wrecker special blanket permit to authorize a wrecker as defined
2249in s. 320.01(39)(40) to tow a disabled vehicle as defined in s.
2250320.01(37)(38) where the combination of the wrecker and the
2251disabled vehicle being towed exceeds the maximum weight limits
2252as established by s. 316.535.
2253     (9)  Whenever any motor vehicle, or the combination of a
2254wrecker as defined in s. 320.01(39)(40) and a towed motor
2255vehicle, exceeds any weight or dimensional criteria or special
2256operational or safety stipulation contained in a special permit
2257issued under the provisions of this section, the penalty
2258assessed to the owner or operator shall be as follows:
2259     (a)  For violation of weight criteria contained in a
2260special permit, the penalty per pound or portion thereof
2261exceeding the permitted weight shall be as provided in s.
2262316.545.
2263     (b)  For each violation of dimensional criteria in a
2264special permit, the penalty shall be as provided in s. 316.516
2265and penalties for multiple violations of dimensional criteria
2266shall be cumulative except that the total penalty for the
2267vehicle shall not exceed $1,000.
2268     (c)  For each violation of an operational or safety
2269stipulation in a special permit, the penalty shall be an amount
2270not to exceed $1,000 per violation and penalties for multiple
2271violations of operational or safety stipulations shall be
2272cumulative except that the total penalty for the vehicle shall
2273not exceed $1,000.
2274     (d)  For violation of any special condition that has been
2275prescribed in the rules of the Department of Transportation and
2276declared on the permit, the vehicle shall be determined to be
2277out of conformance with the permit and the permit shall be
2278declared null and void for the vehicle, and weight and
2279dimensional limits for the vehicle shall be as established in s.
2280316.515 or s. 316.535, whichever is applicable, and:
2281     1.  For weight violations, a penalty as provided in s.
2282316.545 shall be assessed for those weights which exceed the
2283limits thus established for the vehicle; and
2284     2.  For dimensional, operational, or safety violations, a
2285penalty as established in paragraph (c) or s. 316.516, whichever
2286is applicable, shall be assessed for each nonconforming
2287dimensional, operational, or safety violation and the penalties
2288for multiple violations shall be cumulative for the vehicle.
2289     Section 50.  Subsection (9) of section 317.0003, Florida
2290Statutes, is amended to read:
2291     317.0003  Definitions.-As used in this chapter, the term:
2292     (9)  "ROV" means any motorized recreational off-highway
2293vehicle 60 inches or less in width, having a dry weight of 1,500
2294pounds or less, designed to travel on four or more nonhighway
2295tires, having nonstraddle seating and a steering wheel, and
2296manufactured for recreational use by one or more persons. The
2297term "ROV" does not include a golf cart as defined in ss.
2298320.01(22) and 316.003(68) or a low-speed vehicle as defined in
2299s. 320.01(41)(42).
2300     Section 51.  Subsection (1) of section 320.0847, Florida
2301Statutes, is amended to read:
2302     320.0847  Mini truck and low-speed vehicle license plates.-
2303     (1)  The department shall issue a license plate to the
2304owner or lessee of any vehicle registered as a low-speed vehicle
2305as defined in s. 320.01(41)(42) or a mini truck as defined in s.
2306320.01(44)(45) upon payment of the appropriate license taxes and
2307fees prescribed in s. 320.08.
2308     Section 52.  This act shall take effect October 1, 2010.


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