September 23, 2020
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CS/CS/HB 971

1
A bill to be entitled
2An act relating to highway safety and motor vehicles;
3amending s. 316.003, F.S.; defining the term "tri-vehicle"
4for purposes of the Florida Uniform Traffic Control Law;
5amending s. 316.066, F.S.; authorizing law enforcement
6agencies and county traffic operations to access certain
7crash reports held by an agency; amending s. 316.0741,
8F.S.; providing that certain tri-vehicles are hybrid
9vehicles; amending s. 316.159, F.S.; requiring that
10drivers of certain commercial motor vehicles slow before
11crossing a railroad grade crossing; providing penalties;
12amending s. 316.193, F.S.; revising qualifications for an
13immobilization agency and certain employees of the agency
14to immobilize vehicles in a judicial circuit; requiring
15the immobilization agency to verify through a Florida
16Department of Law Enforcement background check the
17qualifications of a person hired to immobilize a vehicle;
18redefining the terms "immobilization agency" and
19"immobilization agencies"; amending 316.2065, F.S.;
20requiring bicycles to be ridden in the lane marked for
21bicycle use except under specified circumstances;
22providing penalties; amending s. 316.2085, F.S.;
23permitting certain license tags for motorcycles or mopeds
24to be affixed perpendicularly to the ground under certain
25circumstances; amending s. 316.2952, F.S.; authorizing
26certain satellite reception devices to be attached to the
27windshield of a motor vehicle; amending s. 316.29545,
28F.S., relating to window sunscreening exclusions;
29excluding vehicles operated by persons with certain
30medical conditions from certain window sunscreening
31restrictions; excluding vehicles owned or leased by
32private investigators or private investigative services
33from specified window sunscreening restrictions; providing
34rulemaking authority to the Department of Highway Safety
35and Motor Vehicles regarding sunscreening restrictions;
36amending s. 316.605, F.S.; providing an exception for
37certain motorcycles or mopeds to a requirement that
38license plates be affixed and displayed in such a manner
39that the letters and numerals shall be read from left to
40right parallel to the ground; amending s. 316.646, F.S.;
41directing the department to suspend the registration and
42driver's license of a person convicted of failure to
43maintain required security on a motor vehicle; amending s.
44318.14, F.S.; providing procedures for disposition of a
45citation for violating specified learner's driver's
46license restrictions; correcting an erroneous reference;
47requiring a person who commits a traffic violation
48requiring a hearing or commits a criminal traffic
49violation to sign and accept a citation indicating a
50promise to appear for a hearing; removing a requirement
51that a person cited for a noncriminal traffic infraction
52not requiring a hearing must sign and accept the citation
53indicating a promise to appear; requiring an officer to
54certify the delivery of a citation to the person cited;
55providing penalties; providing for certain persons cited
56for specified offenses to provide proof of compliance to a
57designated official; providing alternative citation
58disposition procedures for the offense of operating a
59motor vehicle with a license that has been suspended for
60failure to pay certain financial obligations or to comply
61with specified education requirements; amending s. 318.18,
62F.S.; providing that the penalty for speeding in
63designated school crossing is twice the otherwise
64applicable amount; amending s. 319.28, F.S.; requiring
65lienholders repossessing vehicles in this state to apply
66to a tax collector's office in this state or to the
67department for a certificate of repossession or to the
68department for a certificate of title; amending s. 319.30,
69F.S.; defining the term "independent entity" for purposes
70of provisions for salvage and dismantling, destruction,
71and change of identity of motor vehicle or mobile home;
72providing for a notice and release statement prescribed by
73the department from an insurance company to an independent
74entity that stores a damaged or dismantled motor vehicle
75for the insurance company; providing procedures for
76disposition of the vehicle by the independent entity;
77requiring the independent entity to notify the owner when
78the vehicle is available for pick up; authorizing the
79independent entity to apply for a certificate of
80destruction or a certificate of title if the vehicle is
81not claimed within a certain period; providing
82requirements for submission of the application;
83prohibiting the independent entity from charging an owner
84of the vehicle storage fees or applying for a certificate
85of title under specified provisions; amending s. 320.02,
86F.S.; requiring the application forms for motor vehicle
87registration and renewal of registration to include
88language permitting the applicant to make a voluntary
89contribution to the League Against Cancer/La Liga Contra
90el Cancer; amending s. 320.03, F.S., relating to an
91electronic filing system used to provide titling and
92registration functions for motor vehicles, vessels, mobile
93homes, and off-highway vehicles; providing regulatory
94authority over the electronic filing system to the
95department; providing for statewide uniform application of
96the system; providing that entities that sell products
97that require titling or registration and that meet certain
98requirements may be agents for the system and may not be
99precluded from using the system; requiring tax collectors
100to appoint such entities as electronic filing system
101agents; providing rulemaking authority; providing that
102such rules shall replace existing program standards;
103providing that existing standards remain in place until
104such rulemaking is complete, except for existing standards
105conflicting with this section; providing that an
106authorized electronic filing agent may charge fees to
107customers; providing that certain providers of the
108electronic filing system shall continue to comply with
109certain financial arrangements with the Tax Collector
110Service Corporation; providing for expiration of the
111provisions requiring the providers to comply with the
112financial arrangements; amending s. 320.05, F.S.;
113requiring specified fees be collected for providing
114registration data by electronic access through a tax
115collector's office; providing for distribution of the fees
116collected; providing an exception; amending s. 320.071,
117F.S.; revising the time period during which the owner of
118an apportioned motor vehicle may file an application for
119renewal of registration; amending s. 320.08, F.S.;
120establishing license taxes for tri-vehicles and antique
121motorcycles; amending s. 45 of chapter 2008-176, Laws of
122Florida; delaying the expiration of the moratorium on the
123issuance of new specialty license plates by the
124department; amending s. 320.08053, F.S.; removing
125provisions requiring an organization seeking authorization
126to establish a new specialty license plate to submit a
127sample survey of motor vehicle owners to the department;
128requiring the department to establish a method to issue
129vouchers allowing the presale of a specialty license
130plate; requiring that an organization that is approved to
131issue a specialty license plate record with the department
132a minimum number of voucher sales in order to proceed with
133the development of the plate; providing for the purchaser
134of a voucher to receive a refund or use the voucher to
135purchase of another license plate if the specialty plate
136is deauthorized; providing that changes to specified
137provisions relating to establishing a new specialty
138license plate do not apply to certain organizations;
139amending ss. 320.08056 and 320.08058, F.S.; conforming
140provisions to changes made by the act; creating the
141Hispanics Achievers license plate; establishing an annual
142use fee for the plate; providing for the distribution of
143use fees received from the sale of such plate; amending s.
144320.0807, F.S.; revising provisions governing the special
145license plates issued to federal and state legislators;
146amending s. 320.084, F.S.; providing for a biennial
147registration renewal period for disabled veteran license
148plates; amending s. 321.03, F.S.; providing that it is
149unlawful to possess or color or cause to be colored a
150motor vehicle or motorcycle of the same or similar color
151as those prescribed for the Florida Highway Patrol unless
152specifically authorized by the Florida Highway Patrol;
153amending s. 321.05, F.S.; providing that officers of the
154Florida Highway Patrol have the same arrest and other
155authority as that provided for certain other state law
156enforcement officers; amending s. 322.01, F.S.; defining
157the term "tri-vehicle" and excluding such vehicles from
158the definition of "motorcycle" as those terms are used in
159provisions for drivers' licenses; amending s. 322.08,
160F.S.; requiring the application form for an original,
161renewal, or replacement driver's license or identification
162card to include language permitting the applicant to make
163voluntary contributions for certain purposes; requiring
164such forms to include language permitting the applicant to
165make a voluntary contribution to the League Against
166Cancer/La Liga Contra el Cancer and to state homes for
167veterans; providing for distribution of funds collected
168from such contributions; providing that such contributions
169are not considered income of a revenue nature; amending s.
170322.121, F.S.; revising legislative intent for
171reexamination of licensed drivers upon the renewal of the
172driver's license; removing a requirement that each
173licensee must pass a reexamination at the time of license
174renewal; amending s. 322.18, F.S.; authorizing a licensed
175physician at a federally established veterans' hospital to
176administer a vision test for purposes of renewing a
177driver's license; conforming a cross-reference; amending
178s. 322.2615, F.S.; revising requirements for information
179an officer must submit to the department after suspending
180a driver's license for certain DUI offenses; removing a
181requirement that the officer submit a copy of a crash
182report; authorizing the officer to submit such report;
183amending s. 322.34, F.S.; providing that if a person does
184not hold a commercial driver's license and is cited for an
185offense of knowingly driving while his or her license is
186suspended, revoked, or canceled for specified offenses, he
187or she may, in lieu of payment of a fine or court
188appearance, elect to enter a plea of nolo contendere and
189provide proof of compliance to the clerk of the court,
190designated official, or authorized operator of a traffic
191violations bureau; limiting a driver's option to elect
192such a remedy; amending s. 322.61, F.S.; revising the
193period of disqualification from operating a commercial
194motor vehicle for a violation of an out-of-service order;
195amending s. 488.06, F.S.; specifying additional
196circumstances under which the department may suspend or
197revoke a license or certificate of a driving school;
198providing effective dates.
199
200Be It Enacted by the Legislature of the State of Florida:
201
202     Section 1.  Subsection (86) is added to section 316.003,
203Florida Statutes, to read:
204     316.003  Definitions.-The following words and phrases, when
205used in this chapter, shall have the meanings respectively
206ascribed to them in this section, except where the context
207otherwise requires:
208     (86)  TRI-VEHICLE.-An enclosed three-wheeled passenger
209vehicle that:
210     (a)  Is designed to operate with three wheels in contact
211with the ground;
212     (b)  Has a minimum unladen weight of 900 pounds;
213     (c)  Has a single, completely enclosed, occupant
214compartment;
215     (d)  Is produced in a minimum quantity of 300 in any
216calendar year;
217     (e)  Is capable of a speed greater than 60 miles per hour
218on level ground; and
219     (f)  Is equipped with:
220     1.  Seats that are certified by the vehicle manufacturer to
221meet the requirements of Federal Motor Vehicle Safety Standard
222No. 207, "Seating systems" (49 C.F.R. s. 571.207);
223     2.  A steering wheel used to maneuver the vehicle;
224     3.  A propulsion unit located forward or aft of the
225enclosed occupant compartment;
226     4.  A seat belt for each vehicle occupant certified to meet
227the requirements of Federal Motor Vehicle Safety Standard No.
228209, "Seat belt assemblies" (49 C.F.R. s. 571.209);
229     5.  A windshield and an appropriate windshield wiper and
230washer system that are certified by the vehicle manufacturer to
231meet the requirements of Federal Motor Vehicle Safety Standard
232No. 205, "Glazing Materials" (49 C.F.R. s. 571.205) and Federal
233Motor Vehicle Safety Standard No. 104, "Windshield Wiping and
234Washing Systems" (49 C.F.R. s. 571.104); and
235     6.  A vehicle structure certified by the vehicle
236manufacturer to meet the requirements of Federal Motor Vehicle
237Safety Standard No. 216, "Rollover crush resistance" (49 C.F.R.
238s. 571.216).
239     Section 2.  Paragraph (b) of subsection (5) of section
240316.066, Florida Statutes, is amended to read:
241     316.066  Written reports of crashes.-
242     (5)
243     (b)  Crash reports held by an agency under paragraph (a)
244may be made immediately available to the parties involved in the
245crash, their legal representatives, their licensed insurance
246agents, their insurers or insurers to which they have applied
247for coverage, persons under contract with such insurers to
248provide claims or underwriting information, prosecutorial
249authorities, law enforcement agencies, county traffic
250operations, victim services programs, radio and television
251stations licensed by the Federal Communications Commission,
252newspapers qualified to publish legal notices under ss. 50.011
253and 50.031, and free newspapers of general circulation,
254published once a week or more often, available and of interest
255to the public generally for the dissemination of news. For the
256purposes of this section, the following products or publications
257are not newspapers as referred to in this section: those
258intended primarily for members of a particular profession or
259occupational group; those with the primary purpose of
260distributing advertising; and those with the primary purpose of
261publishing names and other personal identifying information
262concerning parties to motor vehicle crashes.
263     Section 3.  Paragraph (b) of subsection (1) of section
264316.0741, Florida Statutes, is amended to read:
265     316.0741  High-occupancy-vehicle lanes.-
266     (1)  As used in this section, the term:
267     (b)  "Hybrid vehicle" means a motor vehicle:
268     1.  That draws propulsion energy from onboard sources of
269stored energy which are both an internal combustion or heat
270engine using combustible fuel and a rechargeable energy-storage
271system; and
272     2.  That, in the case of a passenger automobile or light
273truck, has received a certificate of conformity under the Clean
274Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
275equivalent qualifying California standards for a low-emission
276vehicle; and
277     3.  That, in the case of a tri-vehicle, is an inherently
278low-emission vehicle as provided in subsection (4).
279     (4)(a)  Notwithstanding any other provision of this
280section, an inherently low-emission vehicle (ILEV) that is
281certified and labeled in accordance with federal regulations may
282be driven in an HOV lane at any time, regardless of its
283occupancy. In addition, upon the state's receipt of written
284notice from the proper federal regulatory agency authorizing
285such use, a vehicle defined as a hybrid vehicle under this
286section may be driven in an HOV lane at any time, regardless of
287its occupancy.
288     (b)  All eligible hybrid and all eligible other low-
289emission and energy-efficient vehicles driven in an HOV lane
290must comply with the minimum fuel economy standards in 23 U.S.C.
291s. 166(f)(3)(B).
292     (c)  Upon issuance of the applicable United States
293Environmental Protection Agency final rule pursuant to 23 U.S.C.
294s. 166(e), relating to the eligibility of hybrid and other low-
295emission and energy-efficient vehicles for operation in an HOV
296lane, regardless of occupancy, the Department of Transportation
297shall review the rule and recommend to the Legislature any
298statutory changes necessary for compliance with the federal
299rule. The department shall provide its recommendations no later
300than 30 days following issuance of the final rule.
301     Section 4.  Section 316.159, Florida Statutes, is amended
302to read:
303     316.159  Certain vehicles to stop or slow at all railroad
304grade crossings.-
305     (1)  The driver of any motor vehicle carrying passengers
306for hire, excluding taxicabs, of any school bus carrying any
307school child, or of any vehicle carrying explosive substances or
308flammable liquids as a cargo or part of a cargo, before crossing
309at grade any track or tracks of a railroad, shall stop such
310vehicle within 50 feet but not less than 15 feet from the
311nearest rail of the railroad and, while so stopped, shall listen
312and look in both directions along the track for any approaching
313train, and for signals indicating the approach of a train,
314except as hereinafter provided, and shall not proceed until he
315or she can do so safely. After stopping as required herein and
316upon proceeding when it is safe to do so, the driver of any such
317vehicle shall cross only in a gear of the vehicle so that there
318will be no necessity for changing gears while traversing the
319crossing, and the driver shall not shift gears while crossing
320the track or tracks.
321     (2)  No stop need be made at any such crossing where a
322police officer, a traffic control signal, or a sign directs
323traffic to proceed. However, any school bus carrying any school
324child shall be required to stop unless directed to proceed by a
325police officer.
326     (3)  The driver of any commercial motor vehicle that is not
327required to stop under subsection (1) or subsection (2) shall
328slow the motor vehicle before crossing the tracks of any
329railroad grade crossing and check that the tracks are clear of
330an approaching train.
331     (4)(3)  A violation of this section is a noncriminal
332traffic infraction, punishable as a moving violation as provided
333in chapter 318.
334     Section 5.  Subsections (13) and (14) of section 316.193,
335Florida Statutes, are amended to read:
336     316.193  Driving under the influence; penalties.-
337     (13)  If personnel of the circuit court or the sheriff do
338not immobilize vehicles, only immobilization agencies that meet
339the conditions of this subsection shall immobilize vehicles in
340that judicial circuit.
341     (a)  The immobilization agency responsible for immobilizing
342vehicles in that judicial circuit shall be subject to strict
343compliance with all of the following conditions and
344restrictions:
345     1.  Any immobilization agency engaged in the business of
346immobilizing vehicles shall provide to the clerk of the court a
347signed affidavit attesting that the agency:
348     a.  Have a class "R" license issued pursuant to part IV of
349chapter 493;
350     a.b.  Has Have at least 3 years of verifiable experience in
351immobilizing vehicles; and
352     b.c.  Maintains Maintain accurate and complete records of
353all payments for the immobilization, copies of all documents
354pertaining to the court's order of impoundment or
355immobilization, and any other documents relevant to each
356immobilization. Such records must be maintained by the
357immobilization agency for at least 3 years; and
358     c.  Employs and assigns persons to immobilize vehicles that
359meet the requirements established in subparagraph 2.
360     2.  The person who immobilizes a vehicle must:
361     a.  Not have been adjudicated incapacitated under s.
362744.331, or a similar statute in another state, unless his or
363her capacity has been judicially restored; involuntarily placed
364in a treatment facility for the mentally ill under chapter 394,
365or a similar law in any other state, unless his or her
366competency has been judicially restored; or diagnosed as having
367an incapacitating mental illness unless a psychologist or
368psychiatrist licensed in this state certifies that he or she
369does not currently suffer from the mental illness.
370     b.  Not be a chronic and habitual user of alcoholic
371beverages to the extent that his or her normal faculties are
372impaired; not have been committed under chapter 397, former
373chapter 396, or a similar law in any other state; not have been
374found to be a habitual offender under s. 856.011(3), or a
375similar law in any other state; or not have had any convictions
376under this section, or a similar law in any other state, within
3772 years before the affidavit is submitted.
378     c.  Not have been committed for controlled substance abuse
379or have been found guilty of a crime under chapter 893, or a
380similar law in any other state, relating to controlled
381substances in any other state.
382     d.  Not have been found guilty of or entered a plea of
383guilty or nolo contendere to, regardless of adjudication, or
384been convicted of a felony, unless his or her civil rights have
385been restored.
386     e.  Be a citizen or legal resident alien of the United
387States or have been granted authorization to seek employment in
388this country by the United States Bureau of Citizenship and
389Immigration Services.
390     (b)  The immobilization agency shall conduct a state
391criminal history check through the Florida Department of Law
392Enforcement to ensure that the person hired to immobilize a
393vehicle meets the requirements in sub-subparagraph (a)2.d. never
394have been convicted of any felony or of driving or boating under
395the influence of alcohol or a controlled substance in the last 3
396years.
397     (c)(b)  A person who violates paragraph (a) commits a
398misdemeanor of the first degree, punishable as provided in s.
399775.082 or s. 775.083.
400     (c)  Any immobilization agency who is aggrieved by a
401person's violation of paragraph (a) may bring a civil action
402against the person who violated paragraph (a) seeking injunctive
403relief, damages, reasonable attorney's fees and costs, and any
404other remedy available at law or in equity as may be necessary
405to enforce this subsection. In any action to enforce this
406subsection, establishment of a violation of paragraph (a) shall
407conclusively establish a clear legal right to injunctive relief,
408that irreparable harm will be caused if an injunction does not
409issue, that no adequate remedy at law exists, and that public
410policy favors issuance of injunctive relief.
411     (14)  As used in this chapter, the term:
412     (a)  "Immobilization," "immobilizing," or "immobilize"
413means the act of installing a vehicle antitheft device on the
414steering wheel of a vehicle, the act of placing a tire lock or
415wheel clamp on a vehicle, or a governmental agency's act of
416taking physical possession of the license tag and vehicle
417registration rendering a vehicle legally inoperable to prevent
418any person from operating the vehicle pursuant to an order of
419impoundment or immobilization under subsection (6).
420     (b)  "Immobilization agency" or "immobilization agencies"
421means any person, firm, company, agency, organization,
422partnership, corporation, association, trust, or other business
423entity of any kind whatsoever that meets all of the conditions
424of subsection (13).
425     (c)  "Impoundment," "impounding," or "impound" means the
426act of storing a vehicle at a storage facility pursuant to an
427order of impoundment or immobilization under subsection (6)
428where the person impounding the vehicle exercises control,
429supervision, and responsibility over the vehicle.
430     (d)  "Person" means any individual, firm, company, agency,
431organization, partnership, corporation, association, trust, or
432other business entity of any kind whatsoever.
433     Section 6.  Subsections (5) and (20) of section 316.2065,
434Florida Statutes, are amended to read:
435     316.2065  Bicycle regulations.-
436     (5)(a)  Any person operating a bicycle upon a roadway at
437less than the normal speed of traffic at the time and place and
438under the conditions then existing shall ride in the lane marked
439for bicycle use or, if no lane is marked for bicycle use, as
440close as practicable to the right-hand curb or edge of the
441roadway except under any of the following situations:
442     1.  When overtaking and passing another bicycle or vehicle
443proceeding in the same direction.
444     2.  When preparing for a left turn at an intersection or
445into a private road or driveway.
446     3.  When reasonably necessary to avoid any condition,
447including, but not limited to, a fixed or moving object, parked
448or moving vehicle, bicycle, pedestrian, animal, surface hazard,
449or substandard-width lane, that makes it unsafe to continue
450along the right-hand curb or edge. For the purposes of this
451subsection, a "substandard-width lane" is a lane that is too
452narrow for a bicycle and another vehicle to travel safely side
453by side within the lane.
454     (b)  Any person operating a bicycle upon a one-way highway
455with two or more marked traffic lanes may ride as near the left-
456hand curb or edge of such roadway as practicable.
457     (20)  Except as otherwise provided in this section, a
458violation of this section is a noncriminal traffic infraction,
459punishable as a pedestrian violation as provided in chapter 318.
460A law enforcement officer may issue traffic citations for a
461violation of subsection (3) or subsection (16) only if the
462violation occurs on a bicycle path or road, as defined in s.
463334.03. However, a law enforcement officer they may not issue
464citations to persons on private property, except any part
465thereof which is open to the use of the public for purposes of
466vehicular traffic.
467     Section 7.  Subsection (3) of section 316.2085, Florida
468Statutes, is amended to read:
469     316.2085  Riding on motorcycles or mopeds.-
470     (3)  The license tag of a motorcycle or moped must be
471permanently affixed to the vehicle and may not be adjusted or
472capable of being flipped up. No device for or method of
473concealing or obscuring the legibility of the license tag of a
474motorcycle shall be installed or used. The license tag of a
475motorcycle or moped may be affixed horizontally to the ground so
476that the numbers and letters read from left to right.
477Alternatively, a license tag for a motorcycle or moped for which
478the numbers and letters read from top to bottom may be affixed
479perpendicularly to the ground, provided that the registered
480owner of the motorcycle or moped maintains a prepaid toll
481account in good standing and a transponder associated with the
482prepaid toll account is affixed to the motorcycle or moped.
483     Section 8.  Paragraph (d) is added to subsection (2) of
484section 316.2952, Florida Statutes, to read:
485     316.2952  Windshields; requirements; restrictions.-
486     (2)  A person shall not operate any motor vehicle on any
487public highway, road, or street with any sign, sunscreening
488material, product, or covering attached to, or located in or
489upon, the windshield, except the following:
490     (d)  A global positioning system device or similar
491satellite receiver device which uses the global positioning
492system operated pursuant to 10 U.S.C. s. 2281 for the purpose of
493obtaining navigation or routing information while the motor
494vehicle is being operated.
495     Section 9.  Section 316.29545, Florida Statutes, is amended
496to read:
497     316.29545  Window sunscreening exclusions; medical
498exemption; certain law enforcement vehicles and private
499investigative service vehicles exempt.-
500     (1)  The department shall issue medical exemption
501certificates to persons who are afflicted with Lupus, any
502autoimmune disease, or other similar medical conditions which
503require a limited exposure to light, which certificates shall
504entitle the person to whom the certificate is issued to have
505sunscreening material on the windshield, side windows, and
506windows behind the driver which is in violation of the
507requirements of ss. 316.2951-316.2957. The department shall
508consult with the Medical Advisory Board established in s.
509322.125 for guidance with respect to the autoimmune diseases and
510other medical conditions which shall be included on provide, by
511rule, for the form of the medical certificate authorized by this
512section. At a minimum, the medical exemption certificate shall
513include a vehicle description with the make, model, year,
514vehicle identification number, medical exemption decal number
515issued for the vehicle, and the name of the person or persons
516who are the registered owners of the vehicle. A medical
517exemption certificate shall be nontransferable and shall become
518null and void upon the sale or transfer of the vehicle
519identified on the certificate.
520     (2)  The department shall exempt all law enforcement
521vehicles used in undercover or canine operations from the window
522sunscreening requirements of ss. 316.2951-316.2957.
523     (3)  The department shall exempt from the window
524sunscreening restrictions of ss. 316.2953, 316.2954, and
525316.2956 vehicles that are owned or leased by private
526investigators or private investigative agencies licensed under
527chapter 493.
528     (4)(3)  The department may charge a fee in an amount
529sufficient to defray the expenses of issuing a medical exemption
530certificate as described in subsection (1).
531     (5)  The department is authorized to promulgate rules for
532the implementation of this section.
533     Section 10.  Subsection (1) of section 316.605, Florida
534Statutes, is amended to read:
535     316.605  Licensing of Vehicles.-
536     (1)  Every vehicle, at all times while driven, stopped, or
537parked upon any highways, roads, or streets of this state, shall
538be licensed in the name of the owner thereof in accordance with
539the laws of this state unless such vehicle is not required by
540the laws of this state to be licensed in this state and shall,
541except as otherwise provided in s. 320.0706 for front-end
542registration license plates on truck tractors and s. 320.086(5)
543which exempts display of license plates on described former
544military vehicles, display the license plate or both of the
545license plates assigned to it by the state, one on the rear and,
546if two, the other on the front of the vehicle, each to be
547securely fastened to the vehicle outside the main body of the
548vehicle not higher than 60 inches and not lower than 12 inches
549from the ground and no more than 24 inches to the left or right
550of the centerline of the vehicle, and in such manner as to
551prevent the plates from swinging, and all letters, numerals,
552printing, writing, and other identification marks upon the
553plates regarding the word "Florida," the registration decal, and
554the alphanumeric designation shall be clear and distinct and
555free from defacement, mutilation, grease, and other obscuring
556matter, so that they will be plainly visible and legible at all
557times 100 feet from the rear or front. Except as provided in s.
558316.2085(3), vehicle license plates shall be affixed and
559displayed in such a manner that the letters and numerals shall
560be read from left to right parallel to the ground. No vehicle
561license plate may be displayed in an inverted or reversed
562position or in such a manner that the letters and numbers and
563their proper sequence are not readily identifiable. Nothing
564shall be placed upon the face of a Florida plate except as
565permitted by law or by rule or regulation of a governmental
566agency. No license plates other than those furnished by the
567state shall be used. However, if the vehicle is not required to
568be licensed in this state, the license plates on such vehicle
569issued by another state, by a territory, possession, or district
570of the United States, or by a foreign country, substantially
571complying with the provisions hereof, shall be considered as
572complying with this chapter. A violation of this subsection is a
573noncriminal traffic infraction, punishable as a nonmoving
574violation as provided in chapter 318.
575     Section 11.  Subsection (3) of section 316.646, Florida
576Statutes, is amended to read:
577     316.646  Security required; proof of security and display
578thereof; dismissal of cases.-
579     (3)  Any person who violates this section commits a
580nonmoving traffic infraction subject to the penalty provided in
581chapter 318 and shall be required to furnish proof of security
582as provided in this section. If any person charged with a
583violation of this section fails to furnish proof, at or before
584the scheduled court appearance date, that security was in effect
585at the time of the violation, the court shall, upon conviction,
586notify the department to may immediately suspend the
587registration and driver's license of such person. If the court
588fails to order the suspension of the person's registration and
589driver's license for a conviction of this section at the time of
590sentencing, the department shall, upon receiving notice of the
591conviction from the court, suspend the person's registration and
592driver's license for the violation of this section. Such license
593and registration may be reinstated only as provided in s.
594324.0221.
595     Section 12.  Subsections (1), (2), (3), and (10) of section
596318.14, Florida Statutes, are amended to read:
597     318.14  Noncriminal traffic infractions; exception;
598procedures.-
599     (1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
600person cited for a violation of chapter 316, s. 320.0605, s.
601320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
602(3), s. 322.1615 s. 322.161(5), s. 322.19, or s. 1006.66(3) is
603charged with a noncriminal infraction and must be cited for such
604an infraction and cited to appear before an official. If another
605person dies as a result of the noncriminal infraction, the
606person cited may be required to perform 120 community service
607hours under s. 316.027(4), in addition to any other penalties.
608     (2)  Except as provided in s. 316.1001(2), any person cited
609for a violation requiring a mandatory hearing listed in s.
610318.19 or any other criminal traffic violation listed in chapter
611316 an infraction under this section must sign and accept a
612citation indicating a promise to appear. The officer may
613indicate on the traffic citation the time and location of the
614scheduled hearing and must indicate the applicable civil penalty
615established in s. 318.18. For all other infractions under this
616section, except for infractions under s. 316.1001, the officer
617must certify by electronic, electronic facsimile, or written
618signature that the citation was delivered to the person cited.
619This certification is prima facie evidence that the person cited
620was served with the citation.
621     (3)  Any person who willfully refuses to accept and sign a
622summons as provided in subsection (2) commits is guilty of a
623misdemeanor of the second degree.
624     (10)(a)  Any person who does not hold a commercial driver's
625license and who is cited for an offense listed under this
626subsection may, in lieu of payment of fine or court appearance,
627elect to enter a plea of nolo contendere and provide proof of
628compliance to the clerk of the court, designated official, or
629authorized operator of a traffic violations bureau. In such
630case, adjudication shall be withheld; however, no election shall
631be made under this subsection if such person has made an
632election under this subsection in the 12 months preceding
633election hereunder. No person may make more than three elections
634under this subsection. This subsection applies to the following
635offenses:
636     1.  Operating a motor vehicle without a valid driver's
637license in violation of the provisions of s. 322.03, s. 322.065,
638or s. 322.15(1), or operating a motor vehicle with a license
639that which has been suspended for failure to appear, failure to
640pay civil penalty, or failure to attend a driver improvement
641course pursuant to s. 322.291.
642     2.  Operating a motor vehicle without a valid registration
643in violation of s. 320.0605, s. 320.07, or s. 320.131.
644     3.  Operating a motor vehicle in violation of s. 316.646.
645     4.  Operating a motor vehicle with a license that has been
646suspended under s. 61.13016 or s. 322.245 for failure to pay
647child support or for failure to pay any other financial
648obligation as provided in s. 322.245; however, this subparagraph
649does not apply if the license has been suspended pursuant to s.
650322.245(1).
651     5.  Operating a motor vehicle with a license that has been
652suspended under s. 322.091 for failure to meet school attendance
653requirements.
654     (b)  Any person cited for an offense listed in this
655subsection shall present proof of compliance prior to the
656scheduled court appearance date. For the purposes of this
657subsection, proof of compliance shall consist of a valid,
658renewed, or reinstated driver's license or registration
659certificate and proper proof of maintenance of security as
660required by s. 316.646. Notwithstanding waiver of fine, any
661person establishing proof of compliance shall be assessed court
662costs of $25, except that a person charged with violation of s.
663316.646(1)-(3) may be assessed court costs of $8. One dollar of
664such costs shall be remitted to the Department of Revenue for
665deposit into the Child Welfare Training Trust Fund of the
666Department of Children and Family Services. One dollar of such
667costs shall be distributed to the Department of Juvenile Justice
668for deposit into the Juvenile Justice Training Trust Fund.
669Fourteen dollars of such costs shall be distributed to the
670municipality and $9 shall be deposited by the clerk of the court
671into the fine and forfeiture fund established pursuant to s.
672142.01, if the offense was committed within the municipality. If
673the offense was committed in an unincorporated area of a county
674or if the citation was for a violation of s. 316.646(1)-(3), the
675entire amount shall be deposited by the clerk of the court into
676the fine and forfeiture fund established pursuant to s. 142.01,
677except for the moneys to be deposited into the Child Welfare
678Training Trust Fund and the Juvenile Justice Training Trust
679Fund. This subsection shall not be construed to authorize the
680operation of a vehicle without a valid driver's license, without
681a valid vehicle tag and registration, or without the maintenance
682of required security.
683     Section 13.  Paragraph (c) of subsection (3) of section
684318.18, Florida Statutes, is amended to read:
685     318.18  Amount of penalties.-The penalties required for a
686noncriminal disposition pursuant to s. 318.14 or a criminal
687offense listed in s. 318.17 are as follows:
688     (3)(a)  Except as otherwise provided in this section, $60
689for all moving violations not requiring a mandatory appearance.
690     (b)  For moving violations involving unlawful speed, the
691fines are as follows:
692     For speed exceeding the limit by:     Fine:
693     1-5 m.p.h     Warning
694     6-9 m.p.h     $25
695     10-14 m.p.h     $100
696     15-19 m.p.h     $150
697     20-29 m.p.h     $175
698     30 m.p.h. and above     $250
699     (c)  Notwithstanding paragraph (b), a person cited for
700exceeding the speed limit by up to 5 m.p.h. in a legally posted
701school zone will be fined $50. A person exceeding the speed
702limit in a school zone or designated school crossing shall pay a
703fine double the amount listed in paragraph (b).
704     Section 14.  Effective July 1, 2010, paragraph (b) of
705subsection (2) of section 319.28, Florida Statutes, is amended
706to read:
707     319.28  Transfer of ownership by operation of law.-
708     (2)
709     (b)  In case of repossession of a motor vehicle or mobile
710home pursuant to the terms of a security agreement or similar
711instrument, an affidavit by the party to whom possession has
712passed stating that the vehicle or mobile home was repossessed
713upon default in the terms of the security agreement or other
714instrument shall be considered satisfactory proof of ownership
715and right of possession. At least 5 days prior to selling the
716repossessed vehicle, any subsequent lienholder named in the last
717issued certificate of title shall be sent notice of the
718repossession by certified mail, on a form prescribed by the
719department. If such notice is given and no written protest to
720the department is presented by a subsequent lienholder within 15
721days from the date on which the notice was mailed, the
722certificate of title or the certificate of repossession shall be
723issued showing no liens. If the former owner or any subsequent
724lienholder files a written protest under oath within such 15-day
725period, the department shall not issue the certificate of title
726or certificate of repossession for 10 days thereafter. If within
727the 10-day period no injunction or other order of a court of
728competent jurisdiction has been served on the department
729commanding it not to deliver the certificate of title or
730certificate of repossession, the department shall deliver the
731certificate of title or repossession to the applicant or as may
732otherwise be directed in the application showing no other liens
733than those shown in the application. Any lienholder who has
734repossessed a vehicle in this state in compliance with the
735provisions of this section must may apply to a the tax
736collector's office in this state or to the department for a
737certificate of repossession or to the department for a
738certificate of title pursuant to s. 319.323. Proof of the
739required notice to subsequent lienholders shall be submitted
740together with regular title fees. A lienholder to whom a
741certificate of repossession has been issued may assign the
742certificate of title to the subsequent owner. Any person found
743guilty of violating any requirements of this paragraph shall be
744guilty of a felony of the third degree, punishable as provided
745in s. 775.082, s. 775.083, or s. 775.084.
746     Section 15.  Paragraphs (g) through (u) of subsection (1)
747of section 319.30, Florida Statutes, are redesignated as
748paragraphs (h) through (v), respectively, a new paragraph (g) is
749added to that subsection, subsection (9) of that section is
750renumbered as subsection (10), and a new subsection (9) is added
751to that section, to read:
752     319.30  Definitions; dismantling, destruction, change of
753identity of motor vehicle or mobile home; salvage.-
754     (1)  As used in this section, the term:
755     (g)  "Independent entity" means a business or entity that
756may temporarily store damaged or dismantled motor vehicles
757pursuant to an agreement with an insurance company and is
758engaged in the sale or resale of damaged or dismantled motor
759vehicles. The term does not include a wrecker operator, towing
760company, or a repair facility.
761     (9)(a)  An insurance company may notify an independent
762entity that obtains possession of a damaged or dismantled motor
763vehicle to release the vehicle to the owner. The insurance
764company shall provide the independent entity a release statement
765on a form prescribed by the department authorizing the
766independent entity to release the vehicle to the owner. The form
767shall, at a minimum, contain the following:
768     1.  The policy and claim number.
769     2.  The name and address of the insured.
770     3.  The vehicle identification number.
771     4.  The signature of an authorized representative of the
772insurance company.
773     (b)  The independent entity in possession of a motor
774vehicle must send a notice to the owner that the vehicle is
775available for pick up when it receives a release statement from
776the insurance company. The notice shall be sent by certified
777mail to the owner at the owner's address reflected in the
778department's records. The notice must inform the owner that the
779owner has 30 days after receipt of the notice to pick up the
780vehicle from the independent entity. If the motor vehicle is not
781claimed within 30 days after the owner receives the notice, the
782independent entity may apply for a certificate of destruction or
783a certificate of title.
784     (c)  Upon applying for a certificate of destruction or
785certificate of title, the independent entity shall provide a
786copy of the release statement from the insurance company to the
787independent entity, proof of providing the 30-day notice to the
788owner, and applicable fees.
789     (d)  The independent entity may not charge an owner of the
790vehicle storage fees or apply for a title under s. 713.585 or s.
791713.78.
792     Section 16.  Paragraph (i) is added to subsection (15) of
793section 320.02, Florida Statutes, to read:
794     320.02  Registration required; application for
795registration; forms.-
796     (15)
797     (i)  The application forms for motor vehicle registration
798and renewal of registration must include language permitting a
799voluntary contribution of $1 per applicant, which shall be
800distributed to the League Against Cancer/La Liga Contra el
801Cancer. Such contributions shall be distributed by the
802department to the League Against Cancer/La Liga Contra el
803Cancer, a not-for-profit organization that provides free medical
804care to needy cancer patients. The department shall retain all
805contributions necessary, up to a maximum of $10,000, to defray
806the cost of including the voluntary contribution language on the
807registration forms.
808
809For the purpose of applying the service charge provided in s.
810215.20, contributions received under this subsection are not
811income of a revenue nature.
812     Section 17.  Effective July 1, 2010, subsection (10) of
813section 320.03, Florida Statutes, is amended to read:
814     320.03  Registration; duties of tax collectors;
815International Registration Plan.-
816     (10)(a)  Jurisdiction over the outsourced electronic filing
817system for use by authorized electronic filing system agents to
818electronically title or register motor vehicles, vessels, mobile
819homes, or off-highway vehicles; issue or transfer registration
820license plates or decals; electronically transfer fees due for
821the title and registration process; and perform inquiries for
822title, registration, and lienholder verification and
823certification of service providers licensed motor vehicle
824dealers electronically to title and to register motor vehicles
825and to issue or to transfer registration license plates or
826decals is expressly preempted to the state and the department
827shall have regulatory authority over the system. The department
828shall continue its current outsourcing of the existing
829electronic filing system, including its program standards. The
830electronic filing system shall be available for use statewide
831and applied uniformly throughout the state is approved for use
832in all counties, shall apply uniformly to all tax collectors of
833the state, and no tax collector may add or detract from the
834program standards in his or her respective county. An entity
835that, in the normal course of its business, sells products that
836must be titled or registered, provides title and registration
837services on behalf of its consumers and meets all established
838requirements may be an authorized electronic filing system agent
839and shall not be precluded from participating in the electronic
840filing system in any county. Upon request from a qualified
841entity, the tax collector shall appoint the entity as an
842authorized electronic filing system agent for that county. The
843department shall adopt rules in accordance with chapter 120 to
844replace the December 10, 2009, program standards and to
845administer the provisions of this section, including, but not
846limited to, establishing participation requirements,
847certification of service providers, electronic filing system
848requirements, and enforcement authority for noncompliance. The
849December 10, 2009, program standards, excluding any standards
850which conflict with this paragraph, shall remain in effect until
851the rules are adopted. An authorized electronic filing agent A
852motor vehicle dealer licensed under this chapter may charge a
853fee to the customer for use of the electronic filing system, and
854such fee is not a component of the program standards. Final
855authority over disputes relating to program standards lies with
856the department. By January 1, 2010, the Office of Program Policy
857Analysis and Government Accountability, with input from the
858department and from affected parties, including tax collectors,
859service providers, and motor vehicle dealers, shall report to
860the President of the Senate and the Speaker of the House of
861Representatives on the status of the outsourced electronic
862filing system, including the program standards, and its
863compliance with this subsection. The report shall identify all
864public and private alternatives for continued operation of the
865electronic filing system and shall include any and all
866appropriate recommendations, including revisions to the program
867standards.
868     (b)  Notwithstanding paragraph (a), the private entity
869providers of the electronic filing system shall continue to
870comply with the financial arrangements with the Tax Collector
871Service Corporation which were in effect as of January 1, 2010,
872through December 31, 2010. This paragraph expires January 1,
8732011.
874     Section 18.  Effective January 1, 2011, subsection (3) of
875section 320.05, Florida Statutes, is amended to read:
876     320.05  Records of the department; inspection procedure;
877lists and searches; fees.-
878     (3)(a)  The department is authorized, upon application of
879any person and payment of the proper fees, to prepare and
880furnish lists containing motor vehicle or vessel information in
881such form as the department may authorize, to search the records
882of the department and make reports thereof, and to make
883photographic copies of the department records and attestations
884thereof.
885     (b)  Fees therefor shall be charged and collected as
886follows:
887     1.  For providing lists of motor vehicle or vessel records
888for the entire state, or any part or parts thereof, divided
889according to counties, a sum computed at a rate of not less than
8901 cent nor more than 5 cents per item.
891     2.  For providing noncertified photographic copies of motor
892vehicle or vessel documents, $1 per page.
893     3.  For providing noncertified photographic copies of
894micrographic records, $1 per page.
895     4.  For providing certified copies of motor vehicle or
896vessel records, $3 per record.
897     5.  For providing noncertified computer-generated printouts
898of motor vehicle or vessel records, 50 cents per record.
899     6.  For providing certified computer-generated printouts of
900motor vehicle or vessel records, $3 per record.
901     7.  For providing electronic access to motor vehicle,
902vessel, and mobile home registration data requested by tag,
903vehicle identification number, title number, or decal number, 50
904cents per item.
905     8.  For providing electronic access to driver's license
906status report by name, sex, and date of birth or by driver
907license number, 50 cents per item.
908     9.  For providing lists of licensed mobile home dealers and
909manufacturers and recreational vehicle dealers and
910manufacturers, $15 per list.
911     10.  For providing lists of licensed motor vehicle dealers,
912$25 per list.
913     11.  For each copy of a videotape record, $15 per tape.
914     12.  For each copy of the Division of Motor Vehicles
915Procedures Manual, $25.
916     (c)  Fees collected pursuant to paragraph (b) shall be
917deposited into the Highway Safety Operating Trust Fund.
918     (d)  The department shall furnish such information without
919charge to any court or governmental entity.
920     (e)  When motor vehicle, vessel, or mobile home
921registration data is provided by electronic access through a tax
922collector's office, the applicable fee as provided in paragraph
923(b) must be collected and deposited pursuant to paragraph (c).
924However, when such registration data is obtained through an
925electronic system described in s. 320.03(10), s. 320.0609, or s.
926320.131 and results in the issuance of a title certificate or
927the registration credential, such fee shall not apply a fee for
928the electronic access is not required to be assessed. However,
929at the tax collector's discretion, a fee equal to or less than
930the fee charged by the department for such information may be
931assessed by the tax collector for the electronic access.
932Notwithstanding paragraph (c), any funds collected by the tax
933collector as a result of providing such access shall be retained
934by the tax collector.
935     Section 19.  Paragraph (b) of subsection (1) of section
936320.071, Florida Statutes, is amended to read:
937     320.071  Advance registration renewal; procedures.-
938     (1)
939     (b)  The owner of any apportioned motor vehicle currently
940registered in this state may file an application for renewal of
941registration with the department any time during the 3 5 months
942preceding the date of expiration of the registration period.
943     Section 20.  Section 320.08, Florida Statutes, is amended
944to read:
945     320.08  License taxes.-Except as otherwise provided herein,
946there are hereby levied and imposed annual license taxes for the
947operation of motor vehicles, mopeds, motorized bicycles as
948defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
949and mobile homes, as defined in s. 320.01, which shall be paid
950to and collected by the department or its agent upon the
951registration or renewal of registration of the following:
952     (1)  MOTORCYCLES AND MOPEDS.-
953     (a)  Any motorcycle: $13.50 flat, of which $3.50 shall be
954deposited into the General Revenue Fund.
955     (b)  Any moped: $6.75 flat, of which $1.75 shall be
956deposited into the General Revenue Fund.
957     (c)  Upon registration of any motorcycle, motor-driven
958cycle, or moped there shall be paid in addition to the license
959taxes specified in this subsection a nonrefundable motorcycle
960safety education fee in the amount of $2.50. The proceeds of
961such additional fee shall be deposited in the Highway Safety
962Operating Trust Fund to fund a motorcycle driver improvement
963program implemented pursuant to s. 322.025, the Florida
964Motorcycle Safety Education Program established in s. 322.0255,
965or the general operations of the department.
966     (d)  An ancient or antique motorcycle: $8.50 $13.50 flat,
967of which $3.50 shall be deposited into the General Revenue Fund.
968     (2)  AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.-
969     (a)  An ancient or antique automobile, as defined in s.
970320.086, or a street rod, as defined in s. 320.0863: $10.25
971flat, of which $2.75 shall be deposited into the General Revenue
972Fund.
973     (b)  Net weight of less than 2,500 pounds: $19.50 flat, of
974which $5 shall be deposited into the General Revenue Fund.
975     (c)  Net weight of 2,500 pounds or more, but less than
9763,500 pounds: $30.50 flat, of which $8 shall be deposited into
977the General Revenue Fund.
978     (d)  Net weight of 3,500 pounds or more: $44 flat, of which
979$11.50 shall be deposited into the General Revenue Fund.
980     (3)  TRUCKS.-
981     (a)  Net weight of less than 2,000 pounds: $19.50 flat, of
982which $5 shall be deposited into the General Revenue Fund.
983     (b)  Net weight of 2,000 pounds or more, but not more than
9843,000 pounds: $30.50 flat, of which $8 shall be deposited into
985the General Revenue Fund.
986     (c)  Net weight more than 3,000 pounds, but not more than
9875,000 pounds: $44 flat, of which $11.50 shall be deposited into
988the General Revenue Fund.
989     (d)  A truck defined as a "goat," or any other vehicle if
990used in the field by a farmer or in the woods for the purpose of
991harvesting a crop, including naval stores, during such
992harvesting operations, and which is not principally operated
993upon the roads of the state: $10.25 flat, of which $2.75 shall
994be deposited into the General Revenue Fund. A "goat" is a motor
995vehicle designed, constructed, and used principally for the
996transportation of citrus fruit within citrus groves or for the
997transportation of crops on farms, and which can also be used for
998the hauling of associated equipment or supplies, including
999required sanitary equipment, and the towing of farm trailers.
1000     (e)  An ancient or antique truck, as defined in s. 320.086:
1001$10.25 flat, of which $2.75 shall be deposited into the General
1002Revenue Fund.
1003     (4)  HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
1004VEHICLE WEIGHT.-
1005     (a)  Gross vehicle weight of 5,001 pounds or more, but less
1006than 6,000 pounds: $60.75 flat, of which $15.75 shall be
1007deposited into the General Revenue Fund.
1008     (b)  Gross vehicle weight of 6,000 pounds or more, but less
1009than 8,000 pounds: $87.75 flat, of which $22.75 shall be
1010deposited into the General Revenue Fund.
1011     (c)  Gross vehicle weight of 8,000 pounds or more, but less
1012than 10,000 pounds: $103 flat, of which $27 shall be deposited
1013into the General Revenue Fund.
1014     (d)  Gross vehicle weight of 10,000 pounds or more, but
1015less than 15,000 pounds: $118 flat, of which $31 shall be
1016deposited into the General Revenue Fund.
1017     (e)  Gross vehicle weight of 15,000 pounds or more, but
1018less than 20,000 pounds: $177 flat, of which $46 shall be
1019deposited into the General Revenue Fund.
1020     (f)  Gross vehicle weight of 20,000 pounds or more, but
1021less than 26,001 pounds: $251 flat, of which $65 shall be
1022deposited into the General Revenue Fund.
1023     (g)  Gross vehicle weight of 26,001 pounds or more, but
1024less than 35,000: $324 flat, of which $84 shall be deposited
1025into the General Revenue Fund.
1026     (h)  Gross vehicle weight of 35,000 pounds or more, but
1027less than 44,000 pounds: $405 flat, of which $105 shall be
1028deposited into the General Revenue Fund.
1029     (i)  Gross vehicle weight of 44,000 pounds or more, but
1030less than 55,000 pounds: $773 flat, of which $201 shall be
1031deposited into the General Revenue Fund.
1032     (j)  Gross vehicle weight of 55,000 pounds or more, but
1033less than 62,000 pounds: $916 flat, of which $238 shall be
1034deposited into the General Revenue Fund.
1035     (k)  Gross vehicle weight of 62,000 pounds or more, but
1036less than 72,000 pounds: $1,080 flat, of which $280 shall be
1037deposited into the General Revenue Fund.
1038     (l)  Gross vehicle weight of 72,000 pounds or more: $1,322
1039flat, of which $343 shall be deposited into the General Revenue
1040Fund.
1041     (m)  Notwithstanding the declared gross vehicle weight, a
1042truck tractor used within a 150-mile radius of its home address
1043is eligible for a license plate for a fee of $324 flat if:
1044     1.  The truck tractor is used exclusively for hauling
1045forestry products; or
1046     2.  The truck tractor is used primarily for the hauling of
1047forestry products, and is also used for the hauling of
1048associated forestry harvesting equipment used by the owner of
1049the truck tractor.
1050
1051Of the fee imposed by this paragraph, $84 shall be deposited
1052into the General Revenue Fund.
1053     (n)  A truck tractor or heavy truck, not operated as a for-
1054hire vehicle, which is engaged exclusively in transporting raw,
1055unprocessed, and nonmanufactured agricultural or horticultural
1056products within a 150-mile radius of its home address, is
1057eligible for a restricted license plate for a fee of:
1058     1.  If such vehicle's declared gross vehicle weight is less
1059than 44,000 pounds, $87.75 flat, of which $22.75 shall be
1060deposited into the General Revenue Fund.
1061     2.  If such vehicle's declared gross vehicle weight is
106244,000 pounds or more and such vehicle only transports from the
1063point of production to the point of primary manufacture; to the
1064point of assembling the same; or to a shipping point of a rail,
1065water, or motor transportation company, $324 flat, of which $84
1066shall be deposited into the General Revenue Fund.
1067
1068Such not-for-hire truck tractors and heavy trucks used
1069exclusively in transporting raw, unprocessed, and
1070nonmanufactured agricultural or horticultural products may be
1071incidentally used to haul farm implements and fertilizers
1072delivered direct to the growers. The department may require any
1073documentation deemed necessary to determine eligibility prior to
1074issuance of this license plate. For the purpose of this
1075paragraph, "not-for-hire" means the owner of the motor vehicle
1076must also be the owner of the raw, unprocessed, and
1077nonmanufactured agricultural or horticultural product, or the
1078user of the farm implements and fertilizer being delivered.
1079     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1080SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1081     (a)1.  A semitrailer drawn by a GVW truck tractor by means
1082of a fifth-wheel arrangement: $13.50 flat per registration year
1083or any part thereof, of which $3.50 shall be deposited into the
1084General Revenue Fund.
1085     2.  A semitrailer drawn by a GVW truck tractor by means of
1086a fifth-wheel arrangement: $68 flat per permanent registration,
1087of which $18 shall be deposited into the General Revenue Fund.
1088     (b)  A motor vehicle equipped with machinery and designed
1089for the exclusive purpose of well drilling, excavation,
1090construction, spraying, or similar activity, and which is not
1091designed or used to transport loads other than the machinery
1092described above over public roads: $44 flat, of which $11.50
1093shall be deposited into the General Revenue Fund.
1094     (c)  A school bus used exclusively to transport pupils to
1095and from school or school or church activities or functions
1096within their own county: $41 flat, of which $11 shall be
1097deposited into the General Revenue Fund.
1098     (d)  A wrecker, as defined in s. 320.01(40), which is used
1099to tow a vessel as defined in s. 327.02(39), a disabled,
1100abandoned, stolen-recovered, or impounded motor vehicle as
1101defined in s. 320.01(38), or a replacement motor vehicle as
1102defined in s. 320.01(39): $41 flat, of which $11 shall be
1103deposited into the General Revenue Fund.
1104     (e)  A wrecker that is used to tow any motor vehicle,
1105regardless of whether such motor vehicle is a disabled motor
1106vehicle, a replacement motor vehicle, a vessel, or any other
1107cargo, as follows:
1108     1.  Gross vehicle weight of 10,000 pounds or more, but less
1109than 15,000 pounds: $118 flat, of which $31 shall be deposited
1110into the General Revenue Fund.
1111     2.  Gross vehicle weight of 15,000 pounds or more, but less
1112than 20,000 pounds: $177 flat, of which $46 shall be deposited
1113into the General Revenue Fund.
1114     3.  Gross vehicle weight of 20,000 pounds or more, but less
1115than 26,000 pounds: $251 flat, of which $65 shall be deposited
1116into the General Revenue Fund.
1117     4.  Gross vehicle weight of 26,000 pounds or more, but less
1118than 35,000 pounds: $324 flat, of which $84 shall be deposited
1119into the General Revenue Fund.
1120     5.  Gross vehicle weight of 35,000 pounds or more, but less
1121than 44,000 pounds: $405 flat, of which $105 shall be deposited
1122into the General Revenue Fund.
1123     6.  Gross vehicle weight of 44,000 pounds or more, but less
1124than 55,000 pounds: $772 flat, of which $200 shall be deposited
1125into the General Revenue Fund.
1126     7.  Gross vehicle weight of 55,000 pounds or more, but less
1127than 62,000 pounds: $915 flat, of which $237 shall be deposited
1128into the General Revenue Fund.
1129     8.  Gross vehicle weight of 62,000 pounds or more, but less
1130than 72,000 pounds: $1,080 flat, of which $280 shall be
1131deposited into the General Revenue Fund.
1132     9.  Gross vehicle weight of 72,000 pounds or more: $1,322
1133flat, of which $343 shall be deposited into the General Revenue
1134Fund.
1135     (f)  A hearse or ambulance: $40.50 flat, of which $10.50
1136shall be deposited into the General Revenue Fund.
1137     (6)  MOTOR VEHICLES FOR HIRE.-
1138     (a)  Under nine passengers: $17 flat, of which $4.50 shall
1139be deposited into the General Revenue Fund; plus $1.50 per cwt,
1140of which 50 cents shall be deposited into the General Revenue
1141Fund.
1142     (b)  Nine passengers and over: $17 flat, of which $4.50
1143shall be deposited into the General Revenue Fund; plus $2 per
1144cwt, of which 50 cents shall be deposited into the General
1145Revenue Fund.
1146     (7)  TRAILERS FOR PRIVATE USE.-
1147     (a)  Any trailer weighing 500 pounds or less: $6.75 flat
1148per year or any part thereof, of which $1.75 shall be deposited
1149into the General Revenue Fund.
1150     (b)  Net weight over 500 pounds: $3.50 flat, of which $1
1151shall be deposited into the General Revenue Fund; plus $1 per
1152cwt, of which 25 cents shall be deposited into the General
1153Revenue Fund.
1154     (8)  TRAILERS FOR HIRE.-
1155     (a)  Net weight under 2,000 pounds: $3.50 flat, of which $1
1156shall be deposited into the General Revenue Fund; plus $1.50 per
1157cwt, of which 50 cents shall be deposited into the General
1158Revenue Fund.
1159     (b)  Net weight 2,000 pounds or more: $13.50 flat, of which
1160$3.50 shall be deposited into the General Revenue Fund; plus
1161$1.50 per cwt, of which 50 cents shall be deposited into the
1162General Revenue Fund.
1163     (9)  RECREATIONAL VEHICLE-TYPE UNITS.-
1164     (a)  A travel trailer or fifth-wheel trailer, as defined by
1165s. 320.01(1)(b), that does not exceed 35 feet in length: $27
1166flat, of which $7 shall be deposited into the General Revenue
1167Fund.
1168     (b)  A camping trailer, as defined by s. 320.01(1)(b)2.:
1169$13.50 flat, of which $3.50 shall be deposited into the General
1170Revenue Fund.
1171     (c)  A motor home, as defined by s. 320.01(1)(b)4.:
1172     1.  Net weight of less than 4,500 pounds: $27 flat, of
1173which $7 shall be deposited into the General Revenue Fund.
1174     2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1175which $12.25 shall be deposited into the General Revenue Fund.
1176     (d)  A truck camper as defined by s. 320.01(1)(b)3.:
1177     1.  Net weight of less than 4,500 pounds: $27 flat, of
1178which $7 shall be deposited into the General Revenue Fund.
1179     2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1180which $12.25 shall be deposited into the General Revenue Fund.
1181     (e)  A private motor coach as defined by s. 320.01(1)(b)5.:
1182     1.  Net weight of less than 4,500 pounds: $27 flat, of
1183which $7 shall be deposited into the General Revenue Fund.
1184     2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1185which $12.25 shall be deposited into the General Revenue Fund.
1186     (10)  PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
118735 FEET TO 40 FEET.-
1188     (a)  Park trailers.-Any park trailer, as defined in s.
1189320.01(1)(b)7.: $25 flat.
1190     (b)  A travel trailer or fifth-wheel trailer, as defined in
1191s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
1192     (11)  MOBILE HOMES.-
1193     (a)  A mobile home not exceeding 35 feet in length: $20
1194flat.
1195     (b)  A mobile home over 35 feet in length, but not
1196exceeding 40 feet: $25 flat.
1197     (c)  A mobile home over 40 feet in length, but not
1198exceeding 45 feet: $30 flat.
1199     (d)  A mobile home over 45 feet in length, but not
1200exceeding 50 feet: $35 flat.
1201     (e)  A mobile home over 50 feet in length, but not
1202exceeding 55 feet: $40 flat.
1203     (f)  A mobile home over 55 feet in length, but not
1204exceeding 60 feet: $45 flat.
1205     (g)  A mobile home over 60 feet in length, but not
1206exceeding 65 feet: $50 flat.
1207     (h)  A mobile home over 65 feet in length: $80 flat.
1208     (12)  DEALER AND MANUFACTURER LICENSE PLATES.-A franchised
1209motor vehicle dealer, independent motor vehicle dealer, marine
1210boat trailer dealer, or mobile home dealer and manufacturer
1211license plate: $17 flat, of which $4.50 shall be deposited into
1212the General Revenue Fund.
1213     (13)  EXEMPT OR OFFICIAL LICENSE PLATES.-Any exempt or
1214official license plate: $4 flat, of which $1 shall be deposited
1215into the General Revenue Fund.
1216     (14)  LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.-A motor
1217vehicle for hire operated wholly within a city or within 25
1218miles thereof: $17 flat, of which $4.50 shall be deposited into
1219the General Revenue Fund; plus $2 per cwt, of which 50 cents
1220shall be deposited into the General Revenue Fund.
1221     (15)  TRANSPORTER.-Any transporter license plate issued to
1222a transporter pursuant to s. 320.133: $101.25 flat, of which
1223$26.25 shall be deposited into the General Revenue Fund.
1224     Section 21.  Section 45 of chapter 2008-176, Laws of
1225Florida, is amended to read:
1226     Section 45.  Except for a specialty license plate proposal
1227which has submitted a letter of intent to the Department of
1228Highway Safety and Motor Vehicles prior to May 2, 2008, and
1229which has submitted a valid survey, marketing strategy, and
1230application fee as required by s. 320.08053, Florida Statutes,
1231prior to October 1, 2008 the effective date of this act, or
1232which was included in a bill filed during the 2008 Legislative
1233Session, the Department of Highway Safety and Motor Vehicles may
1234not issue any new specialty license plates pursuant to ss.
1235320.08056 and 320.08058, Florida Statutes, between July 1, 2008,
1236and July 1, 2014 2011.
1237     Section 22.  Section 320.08053, Florida Statutes, is
1238amended to read:
1239     320.08053  Requirements for requests to establish specialty
1240license plates.-
1241     (1)  An organization that seeks authorization to establish
1242a new specialty license plate for which an annual use fee is to
1243be charged must submit to the department:
1244     (a)  A request for the particular specialty license plate
1245being sought, describing the proposed specialty license plate in
1246specific terms, including a sample plate that conforms to the
1247specifications set by the department and this chapter, and that
1248is in substantially final form.
1249     (b)  The results of a scientific sample survey of Florida
1250motor vehicle owners that indicates at least 30,000 motor
1251vehicle owners intend to purchase the proposed specialty license
1252plate at the increased cost. As used in this paragraph, the term
1253"scientific sample survey" means information that is gathered
1254from a representative subset of the population as a whole. The
1255sample survey of registered motor vehicle owners must be
1256performed independently of the requesting organization by an
1257organization that conducts similar sample surveys as a normal
1258course of business. Prior to conducting a sample survey for the
1259purposes of this section, a requesting organization must obtain
1260a determination from the department that the organization
1261selected to conduct the survey performs similar surveys as a
1262normal course of business and is independent of the requesting
1263organization. The methodology, results, and any evaluation by
1264the department of the scientific sample survey shall be
1265validated by the Auditor General as a condition precedent to
1266submission of the specialty license plate for approval by the
1267Legislature.
1268     (b)(c)  An application fee, not to exceed $60,000, to
1269defray the department's cost for reviewing the application and
1270developing the specialty license plate, if authorized. State
1271funds may not be used to pay the application fee, except for
1272collegiate specialty license plates authorized in s.
1273320.08058(3) and (13). The specialty license plate application
1274provisions of this act shall not apply to any organization which
1275has requested and received the required forms for obtaining a
1276specialty license plate authorization from the Department of
1277Highway Safety and Motor Vehicles, has opened a bank account for
1278the funds collected for the specialty license tag and has made
1279deposits to such an account, and has obtained signatures toward
1280completing the requirements for the specialty license tag. All
1281applications requested on or after the effective date of this
1282act must meet the requirements of this act.
1283     (c)(d)  A marketing strategy outlining short-term and long-
1284term marketing plans for the requested specialty license plate
1285and a financial analysis outlining the anticipated revenues and
1286the planned expenditures of the revenues to be derived from the
1287sale of the requested specialty license plates.
1288
1289The information required under this subsection must be submitted
1290to the department at least 90 days before the convening of the
1291next regular session of the Legislature.
1292     (2)  If the specialty license plate requested by the
1293organization is approved by law, the organization must submit
1294the proposed art design for the specialty license plate to the
1295department, in a medium prescribed by the department, as soon as
1296practicable, but no later than 60 days after the act approving
1297the specialty license plate becomes a law. If the specialty
1298license plate requested by the organization is not approved by
1299the Legislature or does not meet the presale requirements in
1300subsection (3), the application fee shall be refunded to the
1301requesting organization.
1302     (3)(a)  Within 120 days following the specialty license
1303plate becoming law, the department shall establish a method to
1304issue a specialty license plate voucher to allow for the presale
1305of the specialty license plate. The processing fee as prescribed
1306in s. 320.08056, the service charge and branch fee as prescribed
1307in s. 320.04, and the annual use fee as prescribed in s.
1308320.08056 shall be charged for the voucher. All other applicable
1309fees shall be charged at the time of issuance of the license
1310plates.
1311     (b)  Within 24 months after the presale specialty license
1312plate voucher is established, the approved specialty license
1313plate organization must record with the department a minimum of
13141,000 voucher sales before manufacture of the license plate may
1315commence. If, at the conclusion of the 24-month presale period,
1316the minimum sales requirements have not been met, the specialty
1317plate is deauthorized and the department shall discontinue
1318development of the plate and discontinue issuance of the presale
1319vouchers. Upon deauthorization of the license plate, a purchaser
1320of the license plate voucher may use the annual use fee
1321collected as a credit towards any other specialty license plate
1322or apply for a refund on a form prescribed by the department.
1323     (c)  An organization that meets the requirements of this
1324subsection shall be deemed to have submitted a valid survey for
1325purposes of s. 45 of chapter 2008-176, Laws of Florida, as
1326amended.
1327     Section 23.  The amendments to s. 320.08053, Florida
1328Statutes, made by this act do not apply to organizations that
1329are exempt from the moratorium contained in section 45 of
1330chapter 2008-176, Laws of Florida, and that have complied with
1331the provisions of s. 320.08053, Florida Statutes (2009).
1332     Section 24.  Subsection (1) and paragraph (b) of subsection
1333(8) of section 320.08056, Florida Statutes, are amended, and
1334paragraph (rrr) is added to subsection (4) of that section, to
1335read:
1336     320.08056  Specialty license plates.-
1337     (1)  The department is responsible for developing the
1338specialty license plates authorized in s. 320.08053. The
1339department shall begin production and distribution of each new
1340specialty license plate within 1 year after approval of the
1341specialty license plate by the Legislature.
1342     (4)  The following license plate annual use fees shall be
1343collected for the appropriate specialty license plates:
1344     (rrr)  Hispanic Achievers license plate, $25.
1345     (8)
1346     (b)  The department is authorized to discontinue the
1347issuance of a specialty license plate and distribution of
1348associated annual use fee proceeds if the organization no longer
1349exists, if the organization has stopped providing services that
1350are authorized to be funded from the annual use fee proceeds, if
1351the organization does not meet the presale requirements as
1352prescribed in s. 320.08053(3), or pursuant to an organizational
1353recipient's request. Organizations shall are required to notify
1354the department immediately to stop all warrants for plate sales
1355if any of the conditions in this section exist, and must meet
1356the requirements of s. 320.08062 for any period of operation
1357during a fiscal year.
1358     Section 25.  Subsection (70) is added to section 320.08058,
1359Florida Statutes, to read:
1360     320.08058  Specialty license plates.-
1361     (70)  HISPANIC ACHIEVERS LICENSE PLATES.-
1362     (a)  Upon the National Hispanic Corporate Achievers, Inc.,
1363meeting the requirements of s. 320.08053, the department shall
1364develop a Hispanic Achievers license plate as provided in this
1365section. The plate must bear the colors and design approved by
1366the department. The word "Florida" must appear at the top of the
1367plate and "Hispanic Achievers" must appear at the bottom of the
1368plate.
1369     (b)  The proceeds from the license plate annual use fee
1370shall be distributed to National Hispanic Corporate Achievers,
1371Inc., a nonprofit, 501(c)(3) Florida corporation, to fund grants
1372to nonprofit organizations to operate programs and provide
1373scholarships and for marketing the Hispanic Achievers license
1374plate. National Hispanic Corporate Achievers, Inc., shall
1375establish a Hispanic Achievers Grant Council that shall provide
1376recommendations for statewide grants from available Hispanic
1377Achiever license plate proceeds to nonprofit organizations for
1378programs and scholarships for Hispanic and minority Floridians.
1379National Hispanic Corporate Achievers, Inc., shall also
1380establish a Hispanic Achievers License Plate Fund. Moneys in the
1381fund shall be used by the grant council as provided in this
1382paragraph. All funds received under this subsection must be used
1383in this state.
1384     (c)  National Hispanic Corporate Achievers, Inc., may
1385retain all proceeds from the annual use fee until documented
1386startup costs for developing and establishing the plate have
1387been recovered. Thereafter, the proceeds from the annual use fee
1388shall be used as follows:
1389     1.  Up to 10 percent of the proceeds may be used for the
1390cost of administration of the Hispanic Achievers License Plate
1391Fund, the Hispanic Achievers Grant Council, and related matters.
1392     2.  Funds may be used as necessary for annual audit or
1393compliance affidavit costs.
1394     3.  Twenty-five percent of the proceeds shall be used by
1395the Hispanic Corporate Achievers, Inc., located in Seminole
1396County, for grants.
1397     4.  The remaining proceeds shall be available to the
1398Hispanic Achievers Grant Council to award grants for services,
1399programs, or scholarships for Hispanic and minority individuals
1400and organizations throughout the state. All grant recipients
1401must provide to the Hispanic Achievers Grant Council an annual
1402program and financial report regarding the use of grant funds.
1403Such reports must be available to the public.
1404     Section 26.  Subsections (1) and (2) of section 320.0807,
1405Florida Statutes, are amended to read:
1406     320.0807  Special license plates for Governor and federal
1407and state legislators.-
1408     (1)  Upon application by any member of the House of
1409Representatives of Congress and payment of the fees prescribed
1410by s. 320.0805, the department is authorized to issue to such
1411Member of Congress a license plate stamped "Member of Congress"
1412followed by the number of the appropriate congressional district
1413and the letters "MC," or any other configuration chosen by the
1414member which is not already in use. Upon application by a United
1415States Senator and payment of the fees prescribed by s.
1416320.0805, the department is authorized to issue a license plate
1417stamped "USS," followed by the numeral II in the case of the
1418junior senator.
1419     (2)  Upon application by any member of the state House of
1420Representatives and payment of the fees prescribed by s.
1421320.0805, the department is authorized to issue such state
1422representative license plates stamped in bold letters "State
1423Legislator," followed by the number of the appropriate House of
1424Representatives district and the letters "HR," or any other
1425configuration chosen by the member which is not already in use
1426on one plate; the numbers of the other plates will be assigned
1427by the department. Upon application by a state senator and
1428payment of the fees prescribed by s. 320.0805, the department is
1429authorized to issue license plates stamped in bold letters
1430"State Senator," followed by the number of the appropriate
1431Senate district and the letters "SN," or any other configuration
1432chosen by the member which is not already in use on one plate;
1433the numbers of the other plates will be assigned by the
1434department.
1435     Section 27.  Subsection (4) of section 320.084, Florida
1436Statutes, is amended to read:
1437     320.084  Free motor vehicle license plate to certain
1438disabled veterans.-
1439     (4)(a)  With the issuance of each new permanent "DV"
1440numerical motor vehicle license plate, the department shall
1441initially issue, without cost to the applicant, a validation
1442sticker reflecting the owner's birth month and a serially
1443numbered validation sticker reflecting the year of expiration.
1444The initial sticker reflecting the year of expiration may not
1445exceed 27 15 months.
1446     (b)  There shall be a service charge in accordance with the
1447provisions of s. 320.04 for each initial application or renewal
1448of registration and an additional sum of 50 cents on each
1449license plate and validation sticker as provided in s.
1450320.06(3)(b).
1451     (c)  Registration under this section shall be renewed
1452annually or biennially during the applicable renewal period on
1453forms prescribed by the department, which shall include, in
1454addition to any other information required by the department, a
1455certified statement as to the continued eligibility of the
1456applicant to receive the special "DV" license plate. Any
1457applicant who falsely or fraudulently submits to the department
1458the certified statement required by this paragraph is guilty of
1459a noncriminal violation and is subject to a civil penalty of
1460$50.
1461     Section 28.  Section 321.03, Florida Statutes, is amended
1462to read:
1463     321.03  Imitations prohibited; penalty.-Unless specifically
1464authorized by the Florida Highway Patrol, a it shall be unlawful
1465for any person or persons in the state shall not to color or
1466cause to be colored any motor vehicle or motorcycle the same or
1467similar color as the color or colors so prescribed for the
1468Florida Highway Patrol. A Any person who violates violating any
1469of the provisions of this section or s. 321.02 with respect to
1470uniforms, emblems, motor vehicles and motorcycles commits shall
1471be guilty of a misdemeanor of the first degree, punishable as
1472provided in s. 775.082 or s. 775.083. The Department of Highway
1473Safety and Motor Vehicles shall employ such clerical help and
1474mechanics as may be necessary for the economical and efficient
1475operation of such department.
1476     Section 29.  Section 321.05, Florida Statutes, is amended
1477to read:
1478     321.05  Duties, functions, and powers of patrol officers.-
1479The members of the Florida Highway Patrol are hereby declared to
1480be conservators of the peace and law enforcement officers of the
1481state, with the common-law right to arrest a person who, in the
1482presence of the arresting officer, commits a felony or commits
1483an affray or breach of the peace constituting a misdemeanor,
1484with full power to bear arms; and they shall apprehend, without
1485warrant, any person in the unlawful commission of any of the
1486acts over which the members of the Florida Highway Patrol are
1487given jurisdiction as hereinafter set out and deliver him or her
1488to the sheriff of the county that further proceedings may be had
1489against him or her according to law. In the performance of any
1490of the powers, duties, and functions authorized by law, members
1491of the Florida Highway Patrol shall have the same protections
1492and immunities afforded other peace officers, which shall be
1493recognized by all courts having jurisdiction over offenses
1494against the laws of this state, and shall have authority to
1495apply for, serve, and execute search warrants, arrest warrants,
1496capias, and other process of the court in those matters in which
1497patrol officers have primary responsibility as set forth in
1498subsection (1). The patrol officers under the direction and
1499supervision of the Department of Highway Safety and Motor
1500Vehicles shall perform and exercise throughout the state the
1501following duties, functions, and powers:
1502     (1)  To patrol the state highways and regulate, control,
1503and direct the movement of traffic thereon; to maintain the
1504public peace by preventing violence on highways; to apprehend
1505fugitives from justice; to enforce all laws now in effect
1506regulating and governing traffic, travel, and public safety upon
1507the public highways and providing for the protection of the
1508public highways and public property thereon; to make arrests
1509without warrant for the violation of any state law committed in
1510their presence in accordance with the laws of this state;
1511providing that no search shall be made unless it is incident to
1512a lawful arrest, to regulate and direct traffic concentrations
1513and congestions; to enforce laws governing the operation,
1514licensing, and taxing and limiting the size, weight, width,
1515length, and speed of vehicles and licensing and controlling the
1516operations of drivers and operators of vehicles; to cooperate
1517with officials designated by law to collect all state fees and
1518revenues levied as an incident to the use or right to use the
1519highways for any purpose; to require the drivers of vehicles to
1520stop and exhibit their driver's licenses, registration cards, or
1521documents required by law to be carried by such vehicles; to
1522investigate traffic accidents, secure testimony of witnesses and
1523of persons involved, and make report thereof with copy, when
1524requested in writing, to any person in interest or his or her
1525attorney; to investigate reported thefts of vehicles and to
1526seize contraband or stolen property on or being transported on
1527the highways. Each patrol officer of the Florida Highway Patrol
1528is subject to and has the same arrest and other authority
1529provided for law enforcement officers generally in chapter 901
1530and has statewide jurisdiction. Each officer also has arrest
1531authority as provided for state law enforcement officers in s.
1532901.15. This section shall not be construed as being in conflict
1533with, but is supplemental to, chapter 933.
1534     (2)  To assist other constituted law enforcement officers
1535of the state to quell mobs and riots, guard prisoners, and
1536police disaster areas.
1537     (3)(a)  To make arrests while in fresh pursuit of a person
1538believed to have violated the traffic and other laws.
1539     (b)  To make arrest of a person wanted for a felony or
1540against whom a warrant has been issued on any charge in
1541violation of federal, state, or county laws or municipal
1542ordinances.
1543     (4)(a)  All fines and costs and the proceeds of the
1544forfeiture of bail bonds and recognizances resulting from the
1545enforcement of this chapter by patrol officers shall be paid
1546into the fine and forfeiture fund established pursuant to s.
1547142.01 of the county where the offense is committed. In all
1548cases of arrest by patrol officers, the person arrested shall be
1549delivered forthwith by the said officer to the sheriff of the
1550county, or he or she shall obtain from the such person arrested
1551a recognizance or, if deemed necessary, a cash bond or other
1552sufficient security conditioned for his or her appearance before
1553the proper tribunal of the such county to answer the charge for
1554which he or she has been arrested; and all fees accruing shall
1555be taxed against the party arrested, which fees are hereby
1556declared to be part of the compensation of the said sheriffs
1557authorized to be fixed by the Legislature under s. 5(c), Art. II
1558of the State Constitution, to be paid such sheriffs in the same
1559manner as fees are paid for like services in other criminal
1560cases. All patrol officers are hereby directed to deliver all
1561bonds accepted and approved by them to the sheriff of the county
1562in which the offense is alleged to have been committed. However,
1563a no sheriff shall not be paid any arrest fee for the arrest of
1564a person for violation of any section of chapter 316 when the
1565arresting officer was transported in a Florida Highway Patrol
1566car to the vicinity where the arrest was made; and a no sheriff
1567shall not be paid any fee for mileage for himself or herself or
1568a prisoner for miles traveled in a Florida Highway Patrol car. A
1569No patrol officer is not shall be entitled to any fee or mileage
1570cost except when responding to a subpoena in a civil cause or
1571except when the such patrol officer is appearing as an official
1572witness to testify at any hearing or law action in any court of
1573this state as a direct result of his or her employment as a
1574patrol officer during time not compensated as a part of his or
1575her normal duties. Nothing herein shall be construed as limiting
1576the power to locate and to take from any person under arrest or
1577about to be arrested deadly weapons. Nothing contained in This
1578section is not shall be construed as a limitation upon existing
1579powers and duties of sheriffs or police officers.
1580     (b)  Any person so arrested and released on his or her own
1581recognizance by an officer and who fails shall fail to appear or
1582respond to a notice to appear shall, in addition to the traffic
1583violation charge, commits be guilty of a noncriminal traffic
1584infraction subject to the penalty provided in s. 318.18(2).
1585     (5)  The department may employ or assign some fit and
1586suitable person with experience in the field of public relations
1587who shall have the duty to promote, coordinate, and publicize
1588the traffic safety activities in the state and assign such
1589person to the office of the Governor at a salary to be fixed by
1590the department. The person so assigned or employed shall be a
1591member of the uniform division of the Florida Highway Patrol,
1592and he or she shall have the pay and rank of lieutenant while on
1593such assignment.
1594     (6)  The Division of Florida Highway Patrol is authorized
1595to adopt promulgate rules and regulations which may be necessary
1596to implement the provisions of chapter 316.
1597     Section 30.  Subsection (26) of section 322.01, Florida
1598Statutes, is amended, and subsection (46) is added to that
1599section, to read:
1600     322.01  Definitions.-As used in this chapter:
1601     (26)  "Motorcycle" means a motor vehicle powered by a motor
1602with a displacement of more than 50 cubic centimeters, having a
1603seat or saddle for the use of the rider, and designed to travel
1604on not more than three wheels in contact with the ground, but
1605excluding a tractor, tri-vehicle, or moped.
1606     (46)  "Tri-vehicle" means an enclosed three-wheeled
1607passenger vehicle that:
1608     (a)  Is designed to operate with three wheels in contact
1609with the ground;
1610     (b)  Has a minimum unladen weight of 900 pounds;
1611     (c)  Has a single, completely enclosed, occupant
1612compartment;
1613     (d)  Is produced in a minimum quantity of 300 in any
1614calendar year;
1615     (e)  Is capable of a speed greater than 60 miles per hour
1616on level ground; and
1617     (f)  Is equipped with:
1618     1.  Seats that are certified by the vehicle manufacturer to
1619meet the requirements of Federal Motor Vehicle Safety Standard
1620No. 207, "Seating systems" (49 C.F.R. s. 571.207);
1621     2.  A steering wheel used to maneuver the vehicle;
1622     3.  A propulsion unit located forward or aft of the
1623enclosed occupant compartment;
1624     4.  A seat belt for each vehicle occupant certified to meet
1625the requirements of Federal Motor Vehicle Safety Standard No.
1626209, "Seat belt assemblies" (49 C.F.R. s. 571.209);
1627     5.  A windshield and an appropriate windshield wiper and
1628washer system that are certified by the vehicle manufacture to
1629meet the requirements of Federal Motor Vehicle Safety Standard
1630No. 205, "Glazing Materials" (49 C.F.R. s. 571.205) and Federal
1631Motor Vehicle Safety Standard No. 104, "Windshield Wiping and
1632Washing Systems" (49 C.F.R. s. 571.104); and
1633     6.  A vehicle structure certified by the vehicle
1634manufacturer to meet the requirements of Federal Motor Vehicle
1635Safety Standard No. 216, "Rollover crush resistance" (49 C.F.R.
1636s. 571.216).
1637     Section 31.  Subsection (7) of section 322.08, Florida
1638Statutes, is amended to read:
1639     322.08  Application for license; requirements for license
1640and identification card forms.-
1641     (7)  The application form for an original, renewal, or
1642replacement a driver's license or identification card duplicate
1643thereof shall include language permitting the following:
1644     (a)  A voluntary contribution of $1 per applicant, which
1645contribution shall be deposited into the Health Care Trust Fund
1646for organ and tissue donor education and for maintaining the
1647organ and tissue donor registry.
1648     (b)  A voluntary contribution of $1 per applicant, which
1649contribution shall be distributed to the Florida Council of the
1650Blind.
1651     (c)  A voluntary contribution of $2 per applicant, which
1652shall be distributed to the Hearing Research Institute,
1653Incorporated.
1654     (d)  A voluntary contribution of $1 per applicant, which
1655shall be distributed to the Juvenile Diabetes Foundation
1656International.
1657     (e)  A voluntary contribution of $1 per applicant, which
1658shall be distributed to the Children's Hearing Help Fund.
1659     (f)  A voluntary contribution of $1 per applicant, which
1660shall be distributed to Family First, a nonprofit organization.
1661     (g)  A voluntary contribution of $1 per applicant, to Stop
1662Heart Disease, which shall be distributed to the Florida Heart
1663Research Institute, a nonprofit organization.
1664     (h)  Notwithstanding s. 322.081, a voluntary contribution
1665of $1 per applicant, which shall be distributed to the League
1666Against Cancer/La Liga Contra el Cancer, a not-for-profit
1667organization.
1668     (i)  Notwithstanding s. 322.081, a voluntary contribution
1669of $1 per applicant to the state homes for veterans, to be
1670distributed on a quarterly basis by the department to the State
1671Homes for Veterans Trust Fund, which is administered by the
1672Department of Veterans' Affairs.
1673
1674A statement providing an explanation of the purpose of the trust
1675funds shall also be included. For the purpose of applying the
1676service charge provided in s. 215.20, contributions received
1677under paragraphs (b)-(i) (b), (c), (d), (e), (f), and (g) and
1678under s. 322.18(9) are not income of a revenue nature.
1679     Section 32.  Section 322.121, Florida Statutes, is amended
1680to read:
1681     322.121  Periodic reexamination of all drivers.-
1682     (1)  It is the intent of the Legislature that all licensed
1683drivers in Florida be reexamined upon renewal of their licenses.
1684Because only a small percentage of drivers in the state are
1685categorized as problem drivers, the Legislature intends that
1686renewals the large number of drivers who have not had any
1687convictions for the 3 years preceding renewal and whose driving
1688privilege in this state has not been revoked, disqualified, or
1689suspended at any time during the 7 years preceding renewal be
1690processed expeditiously upon renewal of their licenses by
1691examinations of the licensee's their eyesight and hearing only
1692and that all other licensees be tested, in addition to the
1693eyesight and hearing examinations, with respect to their ability
1694to read and understand highway signs regulating, warning, and
1695directing traffic.
1696     (2)  Each licensee must pass a reexamination at the time of
1697renewal, except as otherwise provided in this chapter. For each
1698licensee whose driving record does not show any convictions for
1699the preceding 3 years or any revocations, disqualifications, or
1700suspensions for the preceding 7 years; and who, at the time of
1701renewal, presents a renewal notice verifying such safe driving
1702record, the reexamination shall consist of tests of the
1703licensee's eyesight and hearing. For all other licensees, in
1704addition to the eyesight and hearing tests, the reexamination
1705must include tests of the ability to read and understand highway
1706signs and pavement markings regulating, warning, and directing
1707traffic.
1708     (2)(3)  For each licensee whose driving record does not
1709show any revocations, disqualifications, or suspensions for the
1710preceding 7 years or any convictions for the preceding 3 years
1711except for convictions of the following nonmoving violations:
1712     (a)  Failure to exhibit a vehicle registration certificate,
1713rental agreement, or cab card pursuant to s. 320.0605;
1714     (b)  Failure to renew a motor vehicle or mobile home
1715registration that has been expired for 4 months or less pursuant
1716to s. 320.07(3)(a);
1717     (c)  Operating a motor vehicle with an expired license that
1718has been expired for 4 months or less pursuant to s. 322.065;
1719     (d)  Failure to carry or exhibit a license pursuant to s.
1720322.15(1); or
1721     (e)  Failure to notify the department of a change of
1722address or name within 10 days pursuant to s. 322.19,
1723
1724the department shall cause such licensee's license to be
1725prominently marked with the notation "Safe Driver."
1726     (3)(4)  Eyesight examinations must be administered as
1727provided in s. 322.12.
1728     (4)(5)  An examination fee may not be assessed for
1729reexamination required by this section.
1730     (5)(6)  Members of the Armed Forces, or their dependents
1731residing with them, shall be granted an automatic extension for
1732the expiration of their licenses without reexamination while
1733serving on active duty outside this state. This extension is
1734valid for 90 days after the member of the Armed Forces is either
1735discharged or returns to this state to live.
1736     (6)(7)  In addition to any other examination authorized by
1737this section, an applicant for a renewal of a commercial
1738driver's license may be required to complete successfully an
1739examination of his or her knowledge regarding state and federal
1740rules, regulations, and laws, governing the type of vehicle
1741which he or she is applying to be licensed to operate.
1742     (7)(8)  In addition to any other examination authorized by
1743this section, an applicant for a renewal of an endorsement
1744issued under s. 322.57(1)(a), (b), (d), (e), or (f) may be
1745required to complete successfully an examination of his or her
1746knowledge regarding state and federal rules, regulations, and
1747laws, governing the type of vehicle which he or she is seeking
1748an endorsement to operate.
1749     Section 33.  Paragraph (a) of subsection (5) and paragraph
1750(c) of subsection (8) of section 322.18, Florida Statutes, are
1751amended, to read:
1752     322.18  Original applications, licenses, and renewals;
1753expiration of licenses; delinquent licenses.-
1754     (5)  All renewal driver's licenses may be issued after the
1755applicant licensee has been determined to be eligible by the
1756department.
1757     (a)  A licensee who is otherwise eligible for renewal and
1758who is at least 80 years of age:
1759     1.  Must submit to and pass a vision test administered at
1760any driver's license office; or
1761     2.  If the licensee applies for a renewal using a
1762convenience service as provided in subsection (8), he or she
1763must submit to a vision test administered by a physician
1764licensed under chapter 458 or chapter 459, or an optometrist
1765licensed under chapter 463, or a licensed physician at a
1766federally established veterans' hospital, must send the results
1767of that test to the department on a form obtained from the
1768department and signed by such health care practitioner, and must
1769meet vision standards that are equivalent to the standards for
1770passing the departmental vision test. The physician or
1771optometrist may submit the results of a vision test by a
1772department-approved electronic means.
1773     (8)  The department shall issue 8-year renewals using a
1774convenience service without reexamination to drivers who have
1775not attained 80 years of age. The department shall issue 6-year
1776renewals using a convenience service when the applicant has
1777satisfied the requirements of subsection (5).
1778     (c)  The department shall issue one renewal using a
1779convenience service. A person who is out of this state when his
1780or her license expires may be issued a 90-day temporary driving
1781permit without reexamination. At the end of the 90-day period,
1782the person must either return to this state or apply for a
1783license where the person is located, except for a member of the
1784Armed Forces as provided in s. 322.121(5) s. 322.121(6).
1785     Section 34.  Subsection (2) of section 322.2615, Florida
1786Statutes, is amended to read:
1787     322.2615  Suspension of license; right to review.-
1788     (2)  Except as provided in paragraph (1)(a), the law
1789enforcement officer shall forward to the department, within 5
1790days after issuing the notice of suspension, the driver's
1791license; an affidavit stating the officer's grounds for belief
1792that the person was driving or in actual physical control of a
1793motor vehicle while under the influence of alcoholic beverages
1794or chemical or controlled substances; the results of any breath
1795or blood test or an affidavit stating that a breath, blood, or
1796urine test was requested by a law enforcement officer or
1797correctional officer and that the person refused to submit; the
1798officer's description of the person's field sobriety test, if
1799any; and the notice of suspension; and a copy of the crash
1800report, if any. The failure of the officer to submit materials
1801within the 5-day period specified in this subsection and in
1802subsection (1) does not affect the department's ability to
1803consider any evidence submitted at or prior to the hearing. The
1804officer may also submit a copy of the crash report and a copy of
1805a videotape of the field sobriety test or the attempt to
1806administer such test. Materials submitted to the department by a
1807law enforcement agency or correctional agency shall be
1808considered self-authenticating and shall be in the record for
1809consideration by the hearing officer. Notwithstanding s.
1810316.066(7), the crash report shall be considered by the hearing
1811officer.
1812     Section 35.  Subsection (11) is added to section 322.34,
1813Florida Statutes, to read:
1814     322.34  Driving while license suspended, revoked, canceled,
1815or disqualified.-
1816     (10)(a)  Notwithstanding any other provision of this
1817section, if a person does not have a prior forcible felony
1818conviction as defined in s. 776.08, the penalties provided in
1819paragraph (b) apply if a person's driver's license or driving
1820privilege is canceled, suspended, or revoked for:
1821     1.  Failing to pay child support as provided in s. 322.245
1822or s. 61.13016;
1823     2.  Failing to pay any other financial obligation as
1824provided in s. 322.245 other than those specified in s.
1825322.245(1);
1826     3.  Failing to comply with a civil penalty required in s.
1827318.15;
1828     4.  Failing to maintain vehicular financial responsibility
1829as required by chapter 324;
1830     5.  Failing to comply with attendance or other requirements
1831for minors as set forth in s. 322.091; or
1832     6.  Having been designated a habitual traffic offender
1833under s. 322.264(1)(d) as a result of suspensions of his or her
1834driver's license or driver privilege for any underlying
1835violation listed in subparagraphs 1.-5.
1836     (b)1.  Upon a first conviction for knowingly driving while
1837his or her license is suspended, revoked, or canceled for any of
1838the underlying violations listed in subparagraphs (a)1.-6., a
1839person commits a misdemeanor of the second degree, punishable as
1840provided in s. 775.082 or s. 775.083.
1841     2.  Upon a second or subsequent conviction for the same
1842offense of knowingly driving while his or her license is
1843suspended, revoked, or canceled for any of the underlying
1844violations listed in subparagraphs (a)1.-6., a person commits a
1845misdemeanor of the first degree, punishable as provided in s.
1846775.082 or s. 775.083.
1847     (11)(a)  A person who does not hold a commercial driver's
1848license and who is cited for an offense of knowingly driving
1849while his or her license is suspended, revoked, or canceled for
1850any of the underlying violations listed in paragraph (10)(a)
1851may, in lieu of payment of fine or court appearance, elect to
1852enter a plea of nolo contendere and provide proof of compliance
1853to the clerk of the court, designated official, or authorized
1854operator of a traffic violations bureau. In such case,
1855adjudication shall be withheld. However, no election shall be
1856made under this subsection if such person has made an election
1857under this subsection during the preceding 12 months. A person
1858may not make more than three elections under this subsection.
1859     (b)  If adjudication is withheld under paragraph (a), such
1860action is not a conviction.
1861     Section 36.  Subsection (8) of section 322.61, Florida
1862Statutes, is amended to read:
1863     322.61  Disqualification from operating a commercial motor
1864vehicle.-
1865     (8)  A driver who is convicted of or otherwise found to
1866have committed a violation of an out-of-service order while
1867driving a commercial motor vehicle is disqualified as follows:
1868     (a)  Not less than 180 90 days nor more than 1 year if the
1869driver is convicted of or otherwise found to have committed a
1870first violation of an out-of-service order.
1871     (b)  Not less than 2 years 1 year nor more than 5 years if,
1872for offenses occurring during any 10-year period, the driver is
1873convicted of or otherwise found to have committed two violations
1874of out-of-service orders in separate incidents.
1875     (c)  Not less than 3 years nor more than 5 years if, for
1876offenses occurring during any 10-year period, the driver is
1877convicted of or otherwise found to have committed three or more
1878violations of out-of-service orders in separate incidents.
1879     (d)  Not less than 180 days nor more than 2 years if the
1880driver is convicted of or otherwise found to have committed a
1881first violation of an out-of-service order while transporting
1882hazardous materials required to be placarded under the Hazardous
1883Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
1884while operating motor vehicles designed to transport more than
188515 passengers, including the driver. A driver is disqualified
1886for a period of not less than 3 years nor more than 5 years if,
1887for offenses occurring during any 10-year period, the driver is
1888convicted of or otherwise found to have committed any subsequent
1889violations of out-of-service orders, in separate incidents,
1890while transporting hazardous materials required to be placarded
1891under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
18925101 et seq., or while operating motor vehicles designed to
1893transport more than 15 passengers, including the driver.
1894     Section 37.  Section 488.06, Florida Statutes, is amended
1895to read:
1896     488.06  Revocation or suspension of license or
1897certificate.-The Department of Highway Safety and Motor Vehicles
1898may suspend or revoke any license or certificate issued under
1899the provisions of this chapter if the holder of the license or
1900certificate or an instructor, agent, or employee of the
1901commercial driving school has:
1902     (1)  Violated the provisions of this chapter;.
1903     (2)  Been convicted of, pled no contest to, or had
1904adjudication withheld for any felony offense or misdemeanor
1905offense, as shown by a fingerprint-based criminal background
1906check, the cost of which must be borne by the applicant,
1907instructor, agent, or employee;
1908     (3)  Committed any fraud or willful misrepresentation in
1909applying for or obtaining a license; or
1910     (4)  Solicited business on any premises, including parking
1911areas, used by the department or a tax collector for the purpose
1912of licensing drivers.
1913
1914For purposes of subsection (2), fingerprints shall be submitted
1915to the Florida Department of Law Enforcement for state
1916processing, and the Florida Department of Law Enforcement shall
1917forward them to the Federal Bureau of Investigation for national
1918processing.
1919     Section 38.  Except as otherwise expressly provided in this
1920act, this act shall take effect September 1, 2010.


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